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1978 November Council Proceedings -~_'_~~.'-'"~,,,,,,'.Io-~X'->-y~_A,,",-,,''''''''/' .r.._-~~f.-_,,:~ 468 Special Session, October 16, 1978 469 November 1, 1978 Honorable Mayor and City Council On October 12, 1978. tbe Cable TV Commission of the City of Dubuque, Iowa transmitted a written communication to the Honorable Mayor and City Council and the City Manager relating to the view of said commission pertaining to the in- tent of the Teleprompter firm to drop the classification of a lifetime rate and to con- vert all cable subscribers to the regular rate effective December 1, 1978. I have been in communication with the City Manager in connection with this matter, and it is my understanding that in his opinion such a change constitutes a rate change and must be done with coun- cil approval. I refer you to the letter of October 12, 1978 of the Cable TV Commission which appears to be quite extensive and exhaus- tive and essentially quite to the point. In reviewing Ordinance No. 25-63 and Ordinance No. 8-75, it manifestly appears that in effect a lifetime rate is being eli- minated; and that such being the fact, the consequential change results in a rate change and council approval must be se- cured. Accordingly, it is the position of the Ci- ty Attorney's Office that the determina- tion of the City Manager that such a move by Teleprompter is in effect a rate in- crease and such rate increase must com* ply with the provisions of Section 8 of Or- dinance No. 25-63 which provides as fol- lows: "The Company shall have the right to prescribe the reasonable service rules and regulations for the conduct of its busi- ness, not inconsistent with the provisions of this Ordinance. Such rules shall be filed with the City Clerk and shall be effective as ofthe date of such filing, and be subject to approval by the City Council within six months after such filing." is hereby confirmed. Section 1 of Ordinance No. 8-75, among other things, states as follows: ". . .The Company agrees it shall be sub- ject to all authority now or hereafter pos- sessed by the City Council or any other body having competent jurisdiction to fix reasonable and compensatory television signal distribution rates. . . ." R. N. Russo City Attorney 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. Communication of Teleprompter Cable TV requesting discussion set for this ReJ(ular Session. November 6, 1978 Regular Session, November 6, 1978. Council met at 7:30 P.M. IC.S.T.) Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon such business as may prop- erly come before the Meeting. Invocation was given by Rev. James Gordon, Pastor of St. Elias the Greek Or- thodox Church. Proclamations proclaiming second week in November as "Youth Apprecia- tion Week" and Week of November 12to 18 as "Key Club Week," were so proclaim* ed by Mayor Tully. November 1, 1978 Honorable Mayor and City Council On October 4,1978, Mr. Thomas Millit- zer, Telepromper of Dubuque General Manager and Mr. Terry Meyering, Dis- trict Manager, came to my office and re- viewed the October 3rd letter indicating a change in the rate structure by eliminat- ing the charter lifetime rate of $5.75 per month. In my discussion with Mr. Millit- zer and Mr. Meyering I indicated that Section 9 of the franchise, which reads as follows, would be controlling in the mat* ter. "The Company agrees that it shall be subject to all authority now or hereafter possessed by the City Council or any other body having competent jurisdiction to fix reasonable and compensatory tele- vision signal distribution rates." I also cited the most recent rate ordi- nance amendment no. 8-75, which specifi- cally lists the lifetime rate as $5.75. Based on the franchise and the ordi- nance I believe that the proposal to change the lifetime rate is a matter which must be considered by the City Council and be made subject to an amending rate ordinance. I am enclosing a copy of the letter of Oc- tober 3rd from the Teleprompter Cable TV Company and ask .that this proposal be brought before you for your considera- tion. 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. City Council OFFICIAL Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the Transit Board be directed to re- port back within 2 months as to recom- mendations as to cuts by the previous Board and forestall any action by previ- ous direction from the Council to rein- state services. Seconded by Council Mem- ber King. Carried by the following vote: Yeas - Mayor Tully, Council Members King, Wertzberger. Nays - Council Members Brady, Far- rell. Council Member Wertzberger moved that Staff be directed to petition the County Board Of Supervisors for annexa- tion of Mercer Drive. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Fred Tippe addressed the Council re- questing Ordinance to delete 4 or 5 year requirement experience for Plumbing In- spectors; Only inspection in trades that requires this. Advised of new mandatory inspection on Housing Code coming up. There being no further business, Coun- cil Member King moved to adjourn. Se- conded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. 1978 1978 Members Leo F. Frommelt City Clerk Cound Adopted ATTEST: City Clerk Approved. ed and read. Council Member Wertzber- ger moved that the Notices of Claims be referred to the City Attorney for investi- gation 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 ad- vising that the sewer back-up claim of Ed- ward J. Matous was litigated in the Dis- trict Court and has been disposed of at no cost to the City, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far~ rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays" None. Petitions of Michael T. Dawson re- questing a refund of $75. on unexpired portion of Cigarette License No. 1551 and Dubuque Art Association requesting re- fund of $225. on unexpired portion of Beer Permit No. B-SB 5308-78, presented and read. Council Member Wertzberger mov- ed that the refunds be granted and City Auditor directed to issue proper war- rants. Seconded by Council Member Far- rell. Carried by the following- vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proofs of Publication, certified to by the Publisher, of Notices of expiration of right of redemption and for taking tax deeds (Sophia Clark) for Lots 38, 39, 40 in Pleasan't View Addn., also (Stella & Ver- non Moore) on Lot 1 of 2 of 1 of 4 of Mineral Lot 122, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Prootof Publication. certified to by the Publisher, of Notice of Receipt of Bids for receipt of Fire Apparatus, presented and read. Council Member Wertzberger mov- ed that the proof ofpnblicationbe receiv- ed 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 Planning & Zoning submitting Zoning Supplemental Sheets for Ordinances adopted thru September 18, 1978, presented and read. Council Member Wertzberger moved that the communication be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: 471 ReJ(ular Session, November 6, 1978 the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," whereby final adoption of the "Planned Unit De- velopment" designation is contingent upon submission of a Final Development Plan by the developer. within six (6) months of the effective date of this Ordi- nance, andfurther, that failure by the de- veloper to comply with the requirements as setforth herein. shallautoniatically re- vert the property to its former "R-4 Resi- dential District" classification. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Cterk Published officially in the Telegraph Herald Newspaper this 9th day of No. vember, 1918. Leo F. Frommelt City Clerk 1t11/9 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrel~ King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance by reclassifying property in Clin-Que Inc. Addn. from AG Agricultural District to C-3 Arterial Bu- siness Commercial District Classifica- tion, presented and read. No written ob- jections were filed and no oral objectors were present in the Council Chambers at the time set for the hearing. Council Member Wertzberger moved that the proof of publication b.e received andfiled. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady. Farrel~ King, Wertzberger. Nays - None. ORDINANCE NO. 60.78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF,ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA," BY RECLAS- HILL SUBDIVISION NO.1" IN THE CI. TY OF DUBUQUE, IOWA, 'said Ordinance having been previously presented and read at the Council Meet- Ing of October 2,1978, presented for final adoption. ORDINANCE NO. 59-78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA" WHICH AMENDMENT SHALL ESTABLISH A PLANNED UNIT DEVELOPMENT DES. IGNATION ON PROPERTY HEREINAF- TER DESCRIBED LYING IN AN R.4 RESIDENTIAL DISTRICT IN "STONE HILL SUBDIVISION NO.1" IN THE CI. TY OF DUBUQUE, IOWA, NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CI. TY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa, be amended by revising Appendix A there- oj, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa. .. by establishing a "Planned Unit Development" designation on property in an ''R_4ResidentialDistrict''classijica- tion, which real estate is described, to wit: Commencing at the point of begin- ning, that being, the Northeast corner of Lot 1 of Lot!J of Stone Hill Commu- nity No. 1 in the City of Dubuque, Iowa,. thence Northwesterly approxi- mately 391 feet along the Northerly property line of said Lot 1 of Lot 3 to a point,. thence Southerly approximate- ly 552 feet to the Southerly property line of said Lot 1 of Lot 3: thence East- erly approximately 45 feet along said property line to a point: thence South- erly approximate 68 feet to a point: thence Easterly approximately 153.5 feet to a point; thence Northerly ap- proximately 100 feet to a point; thence Easterlyapproximately 150feet to the Easterly property line of said Lot 1 of Lot 3 of Stone Hill Subdivision No.1; thence Northerly approximately 452.12feet along said Easterly proper- ty line to the point of beginning as herein described, all in the City of Du- buque, Iowa. Section 2. That the "Planned Unit De- velopment" designation applied to the property herein described is a tentative reclassification and final adoption of the amendment as set forth in Section 1 of this Ordinance shall be subject to the re- quirements of Article- IV Section 4- 110.11.3 of Ordinance No. 32-15, knownas ReJ(ular Session, November 6, 1978 Iowa, "toreclassify herei'OOfterdescribed property from ''R-4 Residential District" classification to "C-2 Local Service Com- mercial District" classification, to wit: The East 80 feet of the North 1/1 of Lot 23, and the East 80feet of the South 2 feet of Lot 24 allinL. H. Langworthy's Addition in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1918. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of No- vember, 1918. Leo F. Frommelt City Clerk 11 11/9 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrel~ King, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance to establish a Plan* ned Unit Development designatio. on Stonehill property lying in an R-4 Resi- dential District, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Na}'s * None. ORDINANCE NO. 59-78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" WHICH AMENDMENT SHALL ESTABLISH A PLANNED UNIT DEVELOPMENT DES. IGNATION ON PROPERTY HEREINAF- TER DESCRIBED LYING IN AN R.4 RESIDENTIAL DISTRICT IN "STONE Meeting be taken from the agenda, pre- sented and read. Council Member Wertz- berger 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. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance to reclassify East 80' of N 112 of Lot 23 and the East 80' of South 2' of Lot 24 in L. H. Langworthy Addn. 12369 Wbite St.) 'rom R-4 to C-2 Lo- cal Service Commercial District, present- ed and read. No written objections were filed and nooral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzber- ger moved that the proof of publication 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. ORDINANCE NO. 58.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OFTHECI- TY OF DUBUQUE, IOWA" BY RECLAS. SIFYING PROPERTY AT 2369 WHITE STREET FROM R.4 RESIDENTIAL DIS. TRICT CLASSIFICATION TO C.2 LO. CAL SERVICE COMMERCIAL DIS. TRICT CLASSIFICATION (BEECHER), said Ordinance having been previously presented and read at the Council Meet- ing of October 2,1978, presented for final adoption. ORDINANCE NO. 58.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA" BY RECLAS. SIFYING PROPERTY AT 2369 WHITE STREET FROM R.4 RESIDENTIAL DIS. TRICT CLASSIFICATION TO C.2 LO. CAL SERVICE COMMERCIAL DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCI~ OF THE CI. TY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City of [)ubuque, Iowa, be amended by revising Appendix A there- oj, also known as the ''Zoning Ordinance and Zoning Map of the City of Dubuque, 470 473 was of the opinion that garage sales should be stopped. Al & Liz Picker addressed the Council saying they deal in used paper books and comics; Felt this was an unnecessary Or- dinance. Leslie Toth, antique dealer, advised he pays everyone by check - not cash. A representative of Schoen's Antiques felt hot merchandise does not go thru an- tique dealers. Council Member Wertzberger moved that the communications 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. AN ORDINANCE Amending Section A & B of Section 22-2, to include term sec- ond hand dealer and to clarify the records inspection provisions and by revising Sec- tion 22-3 pertaining to transactions with persons under 18 and revising Section 22-4 pertaining to reporting requirement upon receipt of construction tools, presented and read. Conncil Member Wertzberger moved that the Ordinance be referred to the City Solicitor and Po- lice Chief for modifications. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE creating the posi- tion of Ambulance Driver(s)/Attendant(s) in the City of Dubuque, Iowa, prescribing the duties thereof and the qualifications thereof, said Ordinance having been pre- viously presented and read at the Council Meeting of October 16, 1978, presented for second reading. Council Member Wertzherger moved that the reading just had be considered the second 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. Communication of City Attorney sub- mitting proposed form of Ordinance to re- peal Section 6-21 of the City Code by re- pealing that provision prohibiting minors from being in pool rooms and billiard par- lors, presented and read. Council Mem- ber Brady moved that the communication be received and filed. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE repealing Section 6-21 of the Billiard & Pool Hall Ordinance declaring same to null and void and of no Regular Session, November 6, 1978 F. Frommelt City Clerk 1t 11/9 Council Member Farrell moved final adoption of the Ordinance. Seconded by GouncilMember King. Carried by thefal- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrel~ King, Wertzberger. Nays - None. Communications of Sidney R. & Col- leen R. Wallace and Al & Liz Picker ob- jecting to the proposed revision of the junk ordinance and requesting to be heard, presented and read. Council Mem- ber Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Colleen and Sidney Wallace spoke to the communications stating they are own- ers of a Book Exchange; Deal strictly in Books; Inventory would be impossible; Strictly on service charges. Eugene Burkhardt. an antique dealer ning, that being located on the Wester- ly property line of Lot 2 of Lot B of ''Embassy West" Subdivision. 265.49 feet North of the Southwest corner of said Lot 2 of Lot B; thence continuing Northerly 315.21 feet to a point; thence Westerly 11+9.83 feet to a point,' thence Northerly approximately 520 feet to a point: thence Easterly ap- proximately 120 feet to a point; thence Southerly approximately 235 feet to a point, that being the Northerly ex- treme of the West right-ol-way line of Embassy West Drive: thence continu- ing Southerly. along said right-of-way line 689.93 feet to a point: thence West- erly 170 feet to a point of beginning as herein described, all in the City of Du- buque, Iowa. Section 2. That the foregoing amend,.- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of No- vember, 1978. Leo Regular Session, November 6, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance by reclassifying property in Embassy West Sub. from R-3 Residential District to R-2 Residential District Classification (north of Pennsyl* vania Ave.), presented and read. No writ- ten objections were filed and no oral ob- jectors were present in the Council Chambers at the time set for the hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 61-76 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA," BY RECLAS. SIFYING HEREINAFTER DESCRIBED PROPERTY IN EMBASSY WEST SUB. DIVISION FROM R.3 RESIDENTIAL DISTRICT CLASSIFICATION TO R.2 RESIDENTIAL DISTRICT CLASSIFICA. TION, said Ordinance having been previously presented and read at the Council Meet- ing of October 2,1978, presented for final adoption. ORDINANCE NO. 61.76 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OFTHE CI. TY OF DUBUQUE, IOWA," BY RECLAS. SIFYING HEREINAFTER DESCRIBED PROPERTY IN EMBASSY WEST SUB. DIVISION FROM R.3 RESIDENTIAL DISTRICT CLASSIFICATION TO R.2 RESIDENTIAL DISTRICT CLASSIFICA- TION. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CI. TY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa be amended by revising Appendix A there- ot also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, " by reclassifying hereinafter de- scribed property from ''R-3 Residential District" classification to ''R-2 Residen- tial District" classification. to wit: Commencing at the point of begin- Leo F. Frommelt City Clerk 1t 11/9 Council Member Wertzberger moved final adoption of the Ordinance. Second,.- ed by C.ouncil Member Farrell. Carried by the following vote. 472 SIFYING HEREINAFTER DESCRIBED PROPERTY IN CLlN.QUE INC. ADDI. TION FROM AG AGRICULTURAL DIS. TRICT TO C.3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFI. CATION, said Ordinance having been previously presented and read at the Council Meet- ing of October 2, 1978, presented for final adoption. ORDINANCE NO. 60.78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE- ViSING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA," BY RECLAS. SIFYING HEREINAFTER DESCRIBED PROPERTY IN CLIN.QUE INC. ADDI. TION FROM AG AGRICULTURAL DIS. TRICT TO C.3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFI. CATION. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CI. TY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and ZO'Iiing Map of the City of Dubuque. Iowa," by reclassifying hereinafter described property from "AG Agricul- tural District" to "C-3 Arterial Business District" classification, to wit: Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Clin-Que Inc. Addition; and Lot 1 of Lot 1 of Lot 1 of Glin-Que Inc. Add~ tion. in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of No- vember, 1978. ',iil' ~., III III 475 spoke to Council relative to condition of property. Werner Sigwarth of 689 W. 8th St. ad- dressed the Council stating the house has been vacant for 4 years; House in deplor- able state. Council Member Wertzberger moved that the communication of City Manager be received and filed and public hearing be set for December 4,1978at 7:30 P.M. in the Council Chambers in City Hall and Ci- ty Clerk directed to publish notice. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, W ertzberger. Nays - Council Member Brady. Communication of Five Flags Center requesting resolution authorizing accep- tance from Loras College of one portable basketball floor and goals in return for free use of arena portion of Five Flags Center for ten events a year for ten years, presented and read. Council Member Wertzberger moved that the communica- tion be referred to Council Meeting to be held on November 8,1978 at 4:15 P.M. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 366.78 WHEREAS, the City Council during the latter part of 1975 and during 1976 es-' tablished an Interim Five Flags Theatre Commission, a Five Flags Advisory Com- mittee and a Five Flags Task Force to ad. vise City Council and the City of a devel- opment program and a management plan for the Five Flags Civic Center including the Five Flags Theatre; and WHEREAS, the tasks and assignments for which these organizations were creat- ed have been completed or undertaken by the Five Flags Building Committee and the Civic Center Commission: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Interim Five Flags Theatre Commission, the Five Flags Ad- visory Committee and the Five Flags Task Force established in 1975 and 1976 be and the existence of same are hereby terminated. Passed, adopted, and approved this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Regular Session, November 6, 1978 real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly con- sidered the testimony of the witnesses and viewed the premises and has receiv- ed its determination. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as and located on Lot 161 Belmont Addn. (except south 30 feet thereof) in the City of Dubuque. Dubuque County, Iowa, be and the same are hereby found and de- clared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as and locat- ed on Lot 161 Belmont Addn. (except south 30 feet thereof) in the City of Dubu- que, Dubuque County, Iowa, to be dis- mantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubu- que County, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted, and approved this 6th day of November,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager (for- warded from meeting of Sept. 18, 1978) relative to condition of the property lo- cated at 677 West 8th St. located on Lot 1 of 22 and Lot 23 Kelly's Sub., presented and read. Mrs. Fran Westermeyer, daughter of Marie Lucas, owner of said property, Regular Session, November 6, 1978 Board, presented and read. Council Mem- ber Farrell moved that the resignation be accepted with regret. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Printed Council Proceedings for the month of July, 1978, presented for Coun- cil approval. Council Member Wertzber- ger moved that the proceedings be ap- proved as printed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, and certified mail receipts to Emil & Anna Mae Otting as to the condi- tion of the property located at 618 Elbow St. and proposed action to be taken, pre- sented and read. Council Member Wertz- berger moved that the proof of publica- tion and mail receipts be received and fil- ed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 385.78 WHEREAS the City Manager has re- ported to the City Council that the build- ings and premises located at 618 Elbow St. (also known as 618 Peru Rd.) in the Ci- ty of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Emil Otting and Anna Mae Otting as owners of said prop- erty that the condition complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on October 2, 1978, tbe Ci- ty Council set said report down for hear- ing at 7:30 o'clock P.M. Central Standard Time November 6,1978, in the City Coun* cil Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and di- rected the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the records ofthe Ci- ty Council that notice of said hearing was given by serving by Registered Mail on October 6,1978, and by publication in the Telegraph Herald newspaper on October 9, 1978, and, WHEREAS pursuant to said notice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Standard Time on November 6, 1978, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described ',",-'.~"-I.',~:7"c><"1<':.!i?i'i'_!':~''''~'''''''"; 474 further force and effect, presented and read. Council Member W ertzberger mov- ed that the Ordinance be referred to the City Manager. Seconded by Council Member King. Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays _ None. Communication of Attorney David F. Setter relative to the purchase of Lot 5 of Block 1 Riverfront Sub. No.5 by Donald J. Herbst, presented and read. Attorney Setter addressed the Council and questioned why this property is priced at $1.00 per square foot while all other lots in area were 48 cents; Making an offer in the price range of 55 cents to 60 cents per square foot. Paul Gisch of Mayor's Industrial Com- mittee advised property should be put on present market value. Council Member Brady moved that the communication be referred to the City Solicitor to start proceedings to set land up for auction at 75 cents per square foot or above. Seconded by Council Member Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas _ Council Member Brady. Nays - Mayor Tully, Council Members Farrell, W ertzberger. Abstain - Council Member King. MOTION FAILED. Council Member Wertzberger moved to set the price at 75 cents per square foot and refer to City Manager to start proper proceedings. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Farrell, W ertzberger. Nays - Council Member Brady. Abstain - Council Member King. Petition of Kelly's Bluff Properties Inc. requesting permission to install lights on Kelly's Bluff, presented and read. Council Member Wertzberger moved that the re* quest be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Darlene J. Coomes request- ing vacation of an alley adjacent to Lot 3 in Mill's West Dubuque Addn. (1750 A vo- ca St.), presented and read. Council Mem- ber Wertzberger moved that the petition be referred to City Manager and Staff 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 Lynn Rutan submit- ting her resignation from the Library 477 Regular Session, November 6, 1978 Yeas - Mayor Tully, Council Members Farrell, W ertzberger. Nays _ Council Members Brady, King. RESOLUTION NO. 368.78 WHEREAS, the Iowa Department of Transportation has prepared and submit- ted to the City of Dubuque for review, comment and approval, a draft Primary Road Extension Service Memorandum of Understanding implementing the Primary Road Extension Service in the Dubuque Urban Areas; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to ap- prove such Memorandum of Understand- iog. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute on behalf of the City of Dubuque a Primary Road Ex- tension Service Memorandum of Under- standing between the City of Dubuque and the Iowa Department of Transporta* tion. Passed, adopted, and approved this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Mem- bers Farrell, W ertzberger. Nays _ Council Members Brady King. Communication of Green Briar Ltd., by Don Breitbach Attorney, advising that the County Board of Supervisors have re- quested the City and Planning & Zoning Commission indicate their positions in zoning of Green Briar Ltd., from A-l Agricultural District to PC Planned Corn* plex, presented and read. Attorney Breitbach and Don Herrig spoke to the communication; Requesting approval on same basis as Planning & Zoning. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Council Members Farrell, King, Wertzberger. Nays _ Mayor Tully, Council Member Brady. Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas.. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Becca Tucker requesting a "Slow or Children Playing" sign at 3106 Spring Valley Road, presented and read. Council Member Wertzberger moved that the petition be referred to the Traffic Department. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of John K. Kramer et ux sub- mitting an application for annexation of Lot 2 of 1 of 1 of Beverly Pines in Sec. 2 Ta* ble Mound Township, presented and read. Council Member Wertzberger moved that the petition be referred to the Engineering Department. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. A Resolution annexing Lot 2 of 1 of 1 of Beverly Pines Sec. 2 Table Mound Town- ship, presented and read. Council Mem- ber Wertzberger moved that the resolu- tion be referred to the Engineering Department. Seconded by Council Mem- ber King. Carried by the following vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King, Wertzberger. Nays - None. October 31, 1978 Honorable Mayor and City Council Attached is a letter from the Director of Planning of the Iowa Department of Transportation requesting the approval of the Memorandum ofUnderstandingre- garding primary road extensions in major urban areas. Attached to the letter is a copy of the Understanding and also ap- pended to it are letters from the Depart- ment of Transportation dated August 15, 1977 and October 10, 1977, as well as a summary statement taken from a policy review prepared by the DOT. I have asked Mr. Dittemore to review the material and the statement and I am enclosing a copy of his letter suggesting approval. I have also reviewed the material and request the Council to ap- prove the statement and authorize the Mayor to sign it. 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: Regular Session, November 6, 1978 dation to the Third Presbyterian Church. The Planning and Zoning Commission has voted to approve the final plat and recommends your favorable considera- tion. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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. RESOLUTION NO. 367.78 A Resolution Approving the Plat of Lot 1 and Lot 2 of Lot No, 17 of the North. east Y4 of Section 13, Jownship 89 Nor. th, Range 2 East of the 5th Principal Meridian, In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot 1 of Lot No. 17 of the Northeast 1f4 of Section 13, Township 89 North, Range 2 East of the 6th Principal Meridian, in the City of Dubuque, Iowa, to be known as Lot 1 and Lot 2ofLot 1 of Lot No. 17 of the Northeast 1/4 of Section 13, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and has 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 the statues 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 subdivi- sion of Lot 1 and Lot 2 of Lot 1 of Lot No. 17 of the Northeast 1/4 of Section 13, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Du- buque, Iowa. be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa upon said plat. Passed, approved and adopted by re- corded roll call this 6th day of November, 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 W ertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays * None. Communication of Housing Rehabilita- tion Commission requesting approval of nomination of Elaine Kaufman as a repre- sentative of the Housing Rehabilitation Commission on the Community Develop- ment Commission, presented and read. Council Member Wertzberger moved that the communication 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. Verbal petition of Council Member Farrell requesting to set a time for a spe- cial work session to review Boards and Commissions applications, etc. was pre- sented for discussion. Council Member Wertzberger moved that the petition be referred to a Council Meeting and Work Session to be held at 4:15 P.M. on Novem* ber 8, 1978 in the Council Chambers. Se- conded by Council Member Farrell. Car- rifld by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Housing Commis- sion recommending appointment of Doris Hingtgen as liaison to the Community De- velopment Commission and requesting Council concurrence, presented and read. Council Member Wertzberger moved that the communication be referred to the Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays * None. October 23, 1978 Honorable Mayor and Council Members RE: FINAL PLAT - LINWOOD CEMETERY ASSOCIATION The City of Dubuque Planning and Zon- ing Commission has examined a final plat subdividing Lot 1 of Lot No. 17 in the Northeast 1/4 of Section 13, T89N, R2E of the 5th P.M. into Lots 1 and 2 of that sub- division. The property is located on the east side of Windsor A venue south of the Third Presbyterian Church in the City of Dubuque, Iowa. In their review of the plat, the Planning and Zoning Commission has found it to be in compliance with the Zoning Ordinance and Subdivision Regulations of the City of Dubuque, and that theJntent of the subdi- vision is to allow transfer of ownership of Lot 2 from the Linwood Cemetery Asso- 476 479 Boule vard to Street. West First Street from Locust Street to Bluff Street. North Grandview Avenue from Clarke Drive south to the south property line of 1961 North Grand- view A venue. Rosedale A venue on both sides from North Grandview to St. Am- brose Street. West Fourth Streetfrom a point 50 feet east of the westerly terminus to Bluff Street. 10. West Fifth Street on the north side from Bluff Street to apoint 196feet west of Bluff Street and on the north side from Prospect Street to a point 196 feet west of Prospect Street. 11. White Street on the westsidefrom East Fourth Street to East Fifth Street, on both sides from East Ninth Street to East 11th Street, on the east side from East Four- teenth Street to East Fifteenth Street, and on both sidesfromEast Fifteenth Street to East Sixteenth Street. 12. East Seventh Street on the north side from White Street to Jackson Street. 13. East Ninth Street on the south side from Jackson Street to Washing- ton Street. 14. Jackson Street on the west side from East Tenth Street to East Twelfth Street. 15. Locust Street on the west side from Loras Boulevard to West Fif- teenth Street. 16. East Eighteenth Street on both sides from Central A venue to White Street. 17. Clarke Drive on both sides from North Grandview A venue to St. Ambrose Street, and on the north side from North Grandview A ve- nue to the east property line of 1799 Clarke Drive. 18. University A venue on the south side from Alpine Street to Nevada Street. on both sides from Nevada Street to a point 100 feet west of Booth Street. and on the north side from Algona Street to Loms Bou* levard. 19. DelhiStreeton the north side from North Grandview A venue to Alli- son Street. 20. East Sixteenth Street on both sides from Pine Street to Maple Street and on the south side from Maple Street to Sycamore Street. 21. James Street on the east side from MazzuchelliHeights to West Third Street. Fifteenth We. Regular Session, November 6, 1978 6. 7. 8. 9. A.M. TO 6 P.M. ON STREETS HEREIN. AFTER DESIGNATED, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 62-78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY AD. DING A NEW SUBSECTION C TO SEC. TION 25.257 OF SAID CODE TO LIMIT PARKING FROM 9 A.M. TO 6 P.M. ON STREETS HEREINAFTER DESIG. NATED NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dirw,nces of the City of Dubuque, Iowa be amended by adding a new Subsection C to Section 25-257 to read as follows: "c. When signs are erected giving no- tice thereof, no person shall park a veh- icle for a period of time longer than hereirw,fter indicated between the hours of 9:00 A.M. and 6:00 P.M. on any day ex- cept Sundays and public holidays upon the streets or parts of streets as follows; A. The following streets or portions are designated as two-hour time zones. 1. Main Street on the east side from Dodge Street north to a point 360 feet south of West First Street, on the west side from Jones Street to Sheilds Streets, and both sides from Dodge Street to Charter Street. 2. Shields Street, both sides, from Jones Street to Main Street. 3. Bluff Street, bothsides,from West First Street to WestFourthStreet. 4. Central Avenue on the west side from East Eighteenth Street to East Twenty-Second Street and the east side from East Nineteenth Street to East Twenty-Fourth Street. 5. Locust Street on both sides from Jones Street to West First Street and on the west side from Loras ular Session, November 6, 1978 and one half to three acres in area, the average density of the devel- opment including the green space is one dwelling for each four acres. Private water and sewer systems are proposed with restrictive covenants requiring continued maintenance by each homeowner. 6. There presently is no generally ac- cepted defiriition of what consti- tutes rural residential, especially as contemplated in the City's Annex- ation Study. The recommendation of Dubuque County's zoning consul- tant, Powers-Willis and Associates, for a Rural Residential District of five acres of more, however, would seem a good starting point. 7. The development parameters es- tablished by the County on this pro- perty might well be cited as prece- dent for approval of similar re- quests throughout the watershed. Basing its decision on the above con- siderations, the Commission voted to re- commend approval of the proposed rezon- ing as "marginally acceptable" provided: 1) That each lot in the proposed de- velopment be certified by the County Board of Health as acceptable for perma- nent septic systems and adequate water supply; 2) that the street system be of a standard that would assure good m{l.inte- nance by the homeowners; and 3) that the use of the PC Planned Complex District in this case not be viewed as precedent for consideration of other properties in the area but that as an alternative the City and County work to create a true rural residential zone requiring lots of five acres or more. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Council Member Brady moved that the communication be referred back to the Planning & Zoning Commission with a finding of marginally acceptable. Motion died for lack of a second. Council Member Wertzberger moved that the recommendation he "Marginally Approved". Seconded by Council Mem- ber King, Carried by the following vote: Yeas - Council Members Farrel King, Wertzberger. Nays - Mayor Tully, Council Brady. ORDINANCE NO. 62-78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, BE AMENDED BY ADDING A NEW SUBSECTION C TO SECTION 25.257 OF SAID CODE TO LIMIT PARK. NG OF MOTOR VEHICLES FROM 9 Member October 30, 1978 Honorable Mayor and City Council RE: Green Brhl.r, Ltd. County Rezoning Request Derby Grange Road At your request, the City of Dubuque Planning and Zoning Commission has re- viewed the application of Green Briar Ltd. to Dubuque County for approval of a rezoning of 93 acres located along Derby Grange Road pne and one-half miles west of John F. Kennedy Road. The property is currently classified by the County as A-l Agricultural District and the application seeks rezoning to PC Planned Complex District. The Commission considered this mat- ter during its meeting of October 18, 1978, at which the petitioners and their attor- ney were present were heard. In reviewing this rezoning request, the Commission noted the following: 1. The property is within the two mile subdivision jurisdiction of the City of Dubuque. Any subdivision of the site must, therefore, be approved by the City Commission and Coun- cil. 2. As indicated on the attached Map C, the site is located in the Little Maquoketa Watershed, an area considered to be a "no growth" area by the City's Annexation Study. In such an area, development can not be economically serviced by exten- sions of existing public sewer sys- tems. It is advisable from a public land*use policy standpoint, there- fore, that development in this area be limited to agricultural and other very low-density uses which will not require public sewer, now or in the future. 3. The Commission had previously re- viewed and objected to the same developer's request to rezone the site to the R-l Rural Residential District. The Commission's objec- tions centered on the potential for one-acre development on this pro* perty and on similarly situated pro- perty throughout the adjoining ar- ea which in the Commission's judg- ment would require public sewer. 4. Under the requested PC Planned Complex District, development of the subject property would be con- trolled by the specific site plan ne- gotiated and approved by the Coun- ty Board of Supervisors. 5. The preliminary plan submitted to the Count;y by Green Bri~r -'- Ltd., proposes a single-family residential development of 23 lots with asso- ciated green space. While a number of the proposed lots are only two Re 478 481 ORDINANCE NO. 64.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING SUBSECTION 7 OF DISTRICT B OF SECTION 25.326 AND BY REVIS. ING SUBSECTION 9 OF DISTRICT C OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN 120 MINUTES AT ANY ONE TIME ON THE NORTH SIDE OF FOURTH STREET BETWEEN LOCUST STREET AND BLUFF STREET AND TO LIMIT PARKING TO NOT LONGER THAN TEN HOURS AT ANY ONE TIME ON THE NORTH SIDE OF FOURTH STREET FROM IOWA STREET TO LOCUST STREET, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas ~ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 84.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING SUBSECTION 7 OF DISTRICT B OF SECTION 25.326 AND BY REVIS. ING SUBSECTION 9 OF DISTRICT C OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN 120 MINUTES AT ANY ONE TIME ON THE NORTH SIDE OF FOURTH STREET BETWEEN LOCUST STREET AND BLUFF STREET AND TO LIMIT PARKING TO NOT LONGER THAN TEN HOURS AT ANY ONE TIME ON THE NORTH SIDE OF FOURTH STREET FROM IOWA STREET TO LOCUST STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 7 of Dis- trict B of Section 25-326 and Subsection 9 of District C of Section 25-926 of the Code of Ordinances of the City of Dubuque, Iowa, be amended to read as follows: Section 25.326. Districts Parking Meter District B 7. Fourth Street. both sides between Regular Session, November 6, 1978 BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING SUBSECTION 2 OF DISTRICT A OF SECTION 25.326 AND BY REVIS. ING SUBSECTION 2 OF DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN 60 MINUTES ON THE WEST SIDE OF LOCUST STREET FROM FOURTH STREET TO FIFTH STREET AND TO LIMIT PARKING TO 120 MIN. UTES AT ANY ONE TIME ON BOTH SIDES OF LOCUST STREET FROM FIRST STREET TO SECOND STREET AND BOTH SIDES FROM THIRD STREET TO FOURTH STREET AND BOTH SIDES FROM TENTH STREET TO TWELFTH STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection :2 of District A of Section 25-326 and Subsec- tion:2 of District B of Section 25-326 of the Code of Ordinances of the City of Dubu- que, Iowa, be amended to read as follows: Section 25-326. Districts Parking Meter District A 2. Locust Street, west side, between Fourth Street and Eighth Street and both sides between Ninth Street and Tenth Street. Parking Meter District B 2. Locust Street, both sides between First Street and Second Street, and both sides between Third Street and Fourth Street and both sides between Tenth Street and Twelfth Street. Section 2. That all ordinances or parts of ordinances in conflict with this or. dinance are hereby repealed. Passed, adopted, and approved this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of No- vember, 1978. Leo F. Frommel; City Clerk It 1119 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. Regular Session, November 6, 1978 nances, City of Dubuque, Iowa be amen. ded by revising Section 25-210 of the said Code by adding a subsection to be numbered E-13, providing that eastbound traffic on Simpson Street must stop before entering the intersection of Fre- mont A venue, presented and read. Coun- cil Member Farrell moved that the read- ing just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Vote on the mo- tion was as follows: Yeas - Council Members Brady, Far- rell. Nays ~ Mayor Tully, Council Mem- bers King, Wertzberger. Motion failed. Council Member Brady moved that the Ordinance be referred back to the Traffic Committee for investigation and report. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays - Council Member Wertz- berger. ORDINANCE NO. 63-78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDNG THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. VISING SUBSECTION 2 OF DISTRICT A OF SECTION 25.326 AND BY REViS. ING SUBSECTION 2 OF DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN 60 MINUTES ON THE WEST SIDE OF LOCUST STREET FROM FOURTH STREET TO FIFTH STREET AND TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON BOTH SIDES OF LOCUST STREET FROM FIRST STREET TO SECOND STREET AND BOTH SIDES FROM THIRD STREET TO FOURTH STREET AND BOTH SIDES FROM TENTH STREET TO TWELFTH STREET, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays * None. ORDINANCE NO. 63.76 AN ORDINANCE OF THE CITY Of' DU. It 1119 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. An Ordinance of the City of Dubuque, Iowa, providing for the repeal of subsec- tion D.2 of Section 25-210 of the Code of Ordinances, City of Dubuque, Iowa, and declaring same to be null and void and of no effect (stop sign at Fremont & Wart- burg), presented and read. John Ganshirt, Don Carlson and Ha- rold Conzett spoke to the Ordinance. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Vote on the motion was as follows: Yeas - Council Members Brady, Far- rell. Nays - Mayor Tully, Council Mem* bers King, Wertzberger. Motion failed. Council Member Brady moved that the Ordinance be referred back to the Traffic Committee for investigation and report. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays - Council Member Wertzber* ger. An Ordinance of the City of Dubuque, Iowa providing that the Code of Ordi- 480 22. East Twelfth Street on the south side from White Street to Jackson Street. 23. East Thirteenth Street on the north side from Elm Street to Washington Street. 24. East Fourteenth Street on the south side from White Street to Jackson Street. " Section 2. That all ordinances or parts of ordinances in conflict with this ordi- nance are hereby repealed. Passed, adopted, and approved this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of No- vember, 1978. Leo F. Frommelt City Clerk ~~ --- 483 by the City Planning and Zoning Commis- sion. NOW THEREFORE IT BE RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the plat of the subdivi- sion of Lot 1, Lot 2 and Lot 3 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of "Linhein Subdivi- sion" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author* ized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat, provided that the owner of said pro- perty shall execute a written acceptance hereto attached. acknowledging and agreeing: (a) That Lot 3 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of "Linhein Subdivision" cannot be developed except as it is made part of a conforming zoning lot which has public street fron- tage. Section 2. That in the event that the owner fails to execute the Acceptance provided for in Section 1 herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted, and approved this 6th day of November, 1978. Thomas 'A. Tully Jr. Mayor Itichard VVertzberger D. Michael King James E. Brady Carolyn Farrell Council Members William G. Quinn Mary G. Quinn Council Member Wertzberger moved adoption of the Itesolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays - None. Abstain - Council Member King. October 30, 1978 Honorable Mayor and City Council RE: Key City Investments, Inc. Final Plat, Wacker Drive Place ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE We, the undersigned William G. and Mary G. Quinn having read the terms and conditions of the foregoing Itesolution No. 370-78. and being familiar with the condition thereof, hereby accept the same and agree to the condition required there- in. Dated at Dubuque, Iowa this 7th day of November, 1978. Regular Session, November 6, 1978 has found that the intent of the subdivi- sion is to accommodate a transfer of own- ership of Lots 2-1"1-1-4 and 3-1~1-1-4. The Commission has also found that the plat is in conformance with the Zoning Ordi- nance and Subdivision Regulations of the City of Dubuque. except that proposed Lot 3-1-1-1-4 does not have frontage on a public street. Accordingly, the Commission has vo- ted to approve the plat including the wai- ver of the requirement that Lot 3-1-1-1-4 front on a public street conditioned on the understanding that no development will be permitted on that lot except as it is developed with another lot or lots which do have street frontage. That condition is set forth in the attached Resolution ap- proving the plat. James D. Burke Associate City Planner Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Mem* bers Brady, Farrell, W ertzberger. Nays - None. Abstain - Council Member King. RESOLUTION NO. 370.78 Resolution Approving the Plat of Lot 1, Lot 2 and Lot 3 of Lot 1 of Lot 1 of Lol1 of Lot 4 of Linhein Subdivision in the Ci- ty of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 4 of "Linhein Subdivision" to be known as Lot 1, Lot 2 and Lot 30fLot 1 of Lot 1 of Lot 1 of Lot 4 of "Linhein Subdivision" in the City of Du- buque, Iowa. WHEREAS. said plat has been exam- ined by the City Planning and Zoning Commission and they find that the same conforms to the statutes and ordinances relating thereto, except that the pro- posed Lot 30fLot 1 of Lot 1 of Lot 1 of Lot 4 of "Linhein Subdivision" does not have street frontage; and WHEREAS, said plat has been ap- proved by the Planning and Zoning Com- mission on the condition that proposed Lot 30fLot 1 of Lot 1 of Lot 1 of Lot 40f "Linhein Subdivision" cannot be de- veloped except as part of another lot or lots which have frontage on a public street; and WHEREAS. said plat has been exam- ined by the City Council and they find that the same conforms to statutes and or- dinances relating thereto; except that the proposed Lot 3 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of "Linhein Subdivision" does not front on a public street; and WHEREAS. the City Council concurs in the condition of approval established Regular Session, November 6, 1978 Lot 2 and Lot 3 of Aspen Subdivision in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lots 20, 21 and 23 of "Oak Grove Addi- tion" and Lot 1 and Lot 2 of Lot 22 of "Oak Grove Addition", to be known as Lot 1, Lot 2 and Lot 3 of "Aspen Subdivision" in the City of Dubuque, Iowa~ WHEItEAS, there are no streets or other public improvements to be in- stalled, no security for construction and maintenance of public improvements should be required; and WHEItEAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEItEAS, said plat has been exam- ined by the City Council and they find 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 Lots 1, 2 and 3 of "Aspen Subdivision" 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. Passed, adopted and approved by re- corded roll call this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Itichard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King, Wertzberger. Nays - None. October 31, 1978 Honorable Mayor and Council Members RE: William Quinn, Final Plat Linhein's Subdivision The City of Dubuque Planning and Zon- ing Commission has reviewed a final plat submitted by Mr. and Mrs. William Quinn subdividing property at the northwest corner of the intersection of Cannon Street and Mount Carmel Road in the Ci- ty of Dubuque, Iowa. The plat proposes to subdivide Lot 1 of Lot 1 of Lot 1 of Lot 40f Linhein's Subdivision into three lots as depicted on the attached vicinity map. The Planning and Zoning Commission White Street and Central A venue and the south side between Central A ve- nue and Locust Street and the north side between Locust and Bluff Streets. Parking Meter District C 9. Fourth Street, north side from Iowa Street to Locust Street. Section 2. That all ordinances orparts of ordinances in conflict with this ordir nance are hereby repealed. Passed, adopted, and approved this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger lJ. Alichael}(ing James E. Brady Carolyn Farrell Council Alembers ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of No- vember, 1978. Leo F. Frommelt City Clerk 1t 11/9 Council Member Wertzberger moved final adoption of the Ordinance. Second- ~d by Council Alember FarrelL Carried ~y the following vote: Yeas - Alayor Tully, Council Alembers Brady. Farrell, }(ing, Wertzberger. Nays - None. October 31, 1978 Honorable Mayor and Council Members RE: Final Plat, Aspen Subdivision The City of Dubuque Planning and Zon- ing Commission has examined a final plat of Lots 1, 2 and 3 of Aspen Subdivision which is located on the south side of Val- ley Street west of its intersection with Southern A venue in the City of Dubuque, Iowa. The Planning and Zoning Commission has found the plat to be in conformance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque. Accordingly, the Commission has voted to approve the plat and recommends your favorable con~jderation. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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. RESOLUTION NO. 369.78 Resolution Approving the Plat of Lot 1, 482 ~I i'11 II 485 a public street can be restricted until such access is provided. Secondly, the attached agreements from the property owners and developers accomplish an equaliza- tion of total floor area on the entire site. They provide that the additional land area required to meet the floor area ratio for Alverno Apartments will be subtrac- ted from the total land area which may be used to calculate floor area for develop- ment on Lot 1 of the Subdivision of Lot 1 of Lot 3. Accordingly, the Planning and Zoning Commission has voted to approve the fi- nal plat and to recommend your favorable consideration subject to the understand- ing that no development will be permit- ted on Lot 1 of the Subdivision of Lot 1 of Lot 3 and Lot 3 of the Subdivision of Lot 1 of Block 7 until such time as they are pro. vided with frontage on a public street and subject to the terms of the attached agreements regarding floor area ratio. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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. RESOLUTION NO. 372.78 Resolution Approving the Plat of Lot 1 and Lot 2 of Lot 1 of Lot 3 of "Stone Hill Community Subdivision No.1", and Lot 1, Lot 2 and Lot 3 of Lot 1 of Block 7 in "Phase One of Stone Hill Community Subdivision No.1", in the City of Dubu- que, Iowa WHEREAS, there has been filed with the City Clerk a Plat of the subdivision of Lot 1 of Lot 3 of "Stone Hill Community Subdivision No.1" and Lot 1 of Block 7 in "Phase One of Stone Hill Community Sub- division No.1", to be known as Lot 1 and Lot 2 of Lot 1 of Lot 3of"Stone Hill Com- munity Subdivision No.1" and Lot 1, Lot 2 and Lot 3 of Lot 1 of Block 7 in "Phase One of Stone Hill Community Subdivision No.1" 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 the same conforms to statutes and ordinances relating thereto, except that the lots to be known as Lot 3 of the Subdivision of Lot 1 of Block 7 in "Phase One of Stone Hill Community Subdivision No.1" and Lot 1 of the Subdivision of Lot 1 of Lot 3, "Stone Hill Community Subdivision No.1" do not front on a public street; and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the understanding that ular Session, November 6, 1978 Dated at Dubuque, Iowa, this 7th day of November, 1978. Key City Investment Co. By N. J. Yiannias, President By Christine Yiannias. Secretary Council Member Farrell moved adop- tion of the Resolution. Seconded by Coun- cil Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Brady moved that the Engineering Department be directed to close off two (2) curb cuts on east side of Wacker Dr. Seconded by Council Mem- ber Wertzberger. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, King, Wertzberger. Nays - None. Abstain - Council Member Farrell. October 31, 1978 Honorable Mayor and City Council RE: Sisters of St. Francis of Dubuque, Iowa Final Plat, Stone Hill Community Subdivision The City of Dubuque Planning and Zon- ing Commission has reviewed a final plat subdividing Lot 1 of Lot 3 of "Stone HIll Community Subdivision No.1" into two lots; and subdividing Lot 1 of Block 7 in "Phase One of Stone Hill Community No. 1" into three lots. The property is located on the west side of Windsor A venue north of the Windsor Medical Offices and the Stone Hill Care Center. The intent of the plat is to accom- modate a transfer of ownership. Lot 2 of the Subdivision of Lot 1 of Lot 3 and Lot 2 of the Subdivision of Lot 1 of Block 7 are to be transferred to the Alverno Apart- ments for construction of the proposed elderly housing project. Lot 1 of the Sub- division of Lot 1 of Lot 3 and Lot 3 of the Subdivision of Lot 1 of Block 7 are to be transferred to the Stone Hill Develop- ment Corporation with no immediate plans for development. In reviewing this matter, the Commis- sion has found that the plat conforms to all requirements of the Zoning Ordinance and Subdivision Ordinance with two ex- ceptions. First, Lot 1 of the Subdivision of Lot 1 of Lot 3 and Lot 3 of the Subdivision of Lot 1 of Block 7 do not front on a public street. Secondly, the total land area in- cluded in the lots proposed for devel* opment of the Alverno Apartments is not sufficient to provide the maximum re- quired floor area ratio for that project. The Commission has determined that these issues can be resolved in the follow- ing manner. First, by the plat resolution development of those lots not fronting on Re Regular Session, November 6, 1978 WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the understanding that approval of said Plat including particular- ly the configuration and dimensions of proposed Lot 1 of "Wacker Drive Place", shall not be construed to represent the limits of future right-of-way acquisition along Wacker Drive; and WHEREAS, said Plat has been exam- ined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the understandings of the City Plan- ning and Zoning Commission with regard to the representation by said Plat of the limits of future right-of-way acquisition along Wacker Drive; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Lot 1 and Lot 2 of "Wacker Drive Place" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque, Iowa, upon said Plat, provided that the owner of said property shall ex- ecute its written acceptance thereto at- tached, acknowledging and agreeing: (al That approval of said Plat, in- cluding particularly the configura* tion and dimensions of proposed Lot 1 of "Wacker Drive Place", shall not be construed to represent the limits of future right-of-way ac* quisition along Wacker Drive. Section 2. That in the event the owner shall fail to execute the Acceptance pro- vided 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 6th day of November, 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. 371.78 We, the undersigned N. J. Yiannias and Christine Yiannias having read the terms and conditions of the foregoing Resolu- tion No. 371-78 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions setforth herein. The City of Dubuque Planning and Zon- ing Commission has reviewed a final plat seeking to subdivide portions of "Hawk- eye Stock Farm"lying in Sections 27 and 28 of Dubuque Township into Lots 1 and 2 of "Wacker Drive Place". The property is located on the east side of Wacker Drive southwest of the Zayre store as shown on the attached vicinity map. The intent of .the subdivision is to es- tablish boundaries on the parcel so that the portion delineated as Lot 2 of "Wack- er Drive Place" can be leased for the W eD- dy's Drive-In which is currently under construction. No use has been planned for proposed Lot 1. In reviewing this plat, the Commission found that it conforms to the Zoning Ordi- nance and Subdivision Ordinance of the City of Dubuque. The Commission also found, however, that the platting of pro- posed Lot 1 across the entire frontage of the property might be misconstrued as in- dicating the location and dimension of ad- ditional right-of-way acquisition along Wacker Drive. Accordingly, the Planning and Zoning Commission has voted to approve the plat of Lots 1 and 2 of "Wacker Drive Place" with the understanding that the City's ap- proval of the plat shall not be construed to represent the limits of future right-of- way acquisition along Wacker Drive. They recommend that this understand- ing be setforth in the Resolution accompa- nying the plat, and, further, that the pro- perty owner sign an acceptance agree* ment acknowledging that understanding. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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. 371-78 Resolution Approving Plat of Lot 1 and Lot 2 of "Wacker Drive Place" in the Ci. ty of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat in which Lot20fLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sec- tions 27 and 28, Dubuque Township, Du* buque County, Iowa, now in the City of Dubuque, Iowa, is platted as Lot 1 and Lot 2 of "Wacker Drive Place" 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 the same conforms to statutes and ordinances relating thereto; and 487 same conforms to statutes and ordinances relating thereto; and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the understanding that future division or development of proper- ty which is the subject of this plat must be accompanied by a proposed plan for the use of said property and must provide for the consolidation of commonly used parcels, and said platted lots will be restricted by covenants to assure this un* derstanding; and WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the understandings of the City Plan- ning and Zoning Commission with regard to the development of or future divisions of said platted property; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Plat ofthe Subdivi- sion of the Subdivision of Lot 1 of South- east One-Quarter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian; and of the Subdivision of Lot 9 of Southeast One-Quarter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian; and of the Subdivi- sion of Lot 5 of Southeast One-Quarter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian, all being in Table Mound Township, Dubuque County, 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 ex- ecute its written acceptance thereto at- tached, acknowledging and agreeing; (a) That said subdivided lots within this subdivision shall be limited to two resi- dential dwellings until such time as said property has been resubdivided pursuant to Dubuque County and the City of Dubu- que platting and subdivision require- ments and owners shall place said restric- tions on said land by way of valid restric- tive covenants to run with the land and be binding on owners, heirs, executors and assigns. Section 2. That in the event the owner shall fail.to execute the Acceptance pro- vided for in Section 1 hereof within forty* five (45) days after the date of this Resolu- tion, the provisions hereof shall be null and void and the approvalofthe Plat shall not be effective. Passed, adopted, and approved this 6th day of November, 1978. Regular Session, November 6, 1978 was concerned about the number of sub- divided lots contained on the property. They noted that under the County's Zon- ing Ordinance each lot could be developed as a single-family homesite without provi- sions of public access or concern for the orderly development of surrounding pro- perties. In response to the Commission's con- cerns, the property owner has agreed to place restrictive covenants on the proper- ty which essentially provide that no more than one residential use will be estab- lished on each of the two parcels until such time as the City and County agree to further subdivision or development on the property. A copy of this covenant is attached. The Planning and Zoning Commission has voted to approve the plat and to re- commend your favorable consideration of it subject to the establishment of the at* tached restrictive covenants on the pro- perty. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays - None. Abstain - Council Member Kin& RESOLUTION NO_ 373-78 A Resolution Approving the Plat of the Subdivision of Lot 1 of Southeast One. Quarter; Section 12, Township 88 North, Range 2 East of 5th Principal Meridian; and of the Subdivision of Lot 9 of Southeast One.Quarter, Section 12, Township 88 North, Range 2 East olthe 5th Principal Meridian; and of the Sub. division of Lot 5 of Southeast One. Quarter, Section 12, Township 88 North, Range 2 East of the 5th Principal Meridian, All Being In Table Mound Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Io- wa, a plat of the subdivision of the Subdi- vision of Lot 1 of Southeast One-Quarter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian; and of the Subdivision of Lot 9 of Southeast One- Quarter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian; and of the Subdivision of Lot 5 of South- east One-Quarter, Section 12, Township 88 North, Range 2 East of the 5th Prin- cipal Meridian, all being in Table Mound Township, Dubuque County, Iowa; and WHEREAS, said Plat has been exam- ined by the City Planning and Zoning Commission and they have found that the ReJ(ular Session, November 6, 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_ 372-78 We, the undersigned, having read the terms and conditions of the foregoing Re- solution No. 372-78 and being familiar with the conditions thereof, hereby ac- cept the same and agree to the conditions setforth therein. Dated at Dubuque, Iowa, this 17th day of November, 1978. The Sisters of Saint Francis of Dubuque, Iowa By Sister Margaret Clare Dreckman President By Sister Helen Larsen Secretary October 31, 1978 Honorable Mayor and City Council RE: Terrance Grimes, Final Plat Lake Eleanor Road, Dubuque County The City of Dubuque Planning and Zon- ing Commission has examined a final plat submitted by Terrance and Veronica Grimes seeking to subdivide Lot 1 of the Southeast One-Quarter of Section 12, Township 88 North, Range 2 East of the 5th Principal Meridian; Lot 9 of Southeast One-Quarter, Section 12, Township 88 North, Range 2 East of the 5th Principal Meridian; and Lot 5 of Southeast One- Quarter, Section 12, Township 88 North, Range 2 East of the 5th Principal Meri- dian in Table Mound Township, Dubuque County, Iowa. The property is located on the south side of Lake Eleanor Road east of Highway 151-61 and is within the juris- dictional limits of the City of Dubuque, Iowa. The purpose of the subdivision is to ac- commodate transfer of ownership of the parcel consisting of Lot 2 of Lot 9, Lot 2 of Lot 1 and Lot 20fLot 5. This parcel which is shown as the blue screened area on the attached map presently contains a single* family residence. The parcel which is made up of all remaining lots and is out- lined in red on the map also has a residence on it. In reviewing the plat, the Commission '~--"~"--.- - - ISEAL! Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Section 2. That in the event the owners shall fail 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 vo:Id and the approval of the Plat shall not be effective. Passed, adopted, and approved this 6th day of November, 1978. That the City of Dubuque, Iowa will not issue a permit for any develop- ment on the lots to be known as Lot 3 ofthe Subdivision of Lot 1 of Block 7 in "Phase One of Stone Hill Com- munity Subdivision No.1" and Lot 1 of the Subdivision of Lot 1 of Lot 3, "Stone Hill Community Subdivi- sion No.1", except as said lots shall be made part of a conforming zon- ing lot having frontage on a public street. the lots to be known as Lot 3 of the Sub- division of Lot 1 of Block 7 in "Phase One of Stone Hill Community Subdivision No. l"and Lot 1 of the Subdivision of Lot 1 of Lot 3, "Stone Hill Community Subdivi- sion No.1" will not be developed except as said lots shall be made part of a conform- ing zoning lot having 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 ordi- nances relating thereto, except that the lots to be known as Lot 3 of the Subdivi- sion of Lot 1 of Block 7 in "Phase One of Stone Hill Community Subdivision No.1" and Lot 1 of the Subdivision of Lot 1 of Lot 3, "Stone Hill Community Subdivision No.1" do not front on a public street; and WHEREAS, the City Council concurs in the findings and conditions of approval established by the City Planning and Zon- ing Commission. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of the subdivi- sion of Lot 1 of Lot 3 of "Stone Hill Com- munity Subdivision No.1" and Lot 1 of Block 7 in "Phase One of Stone Hill Com- munity Subdivision No. 1", to be known as Lot 1 and Lot 2 of Lot 1 of Lot 3 of "Stone Hill Community Subdivision No.1" and Lot, Lot 2, and Lot 3 of Lot 1 of Block 7 in "Phase One of Stone Hill Community Sub- division No.1" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat, provided that the owners of said property shall execute their writ* ten acceptance hereto attached, acknow- ledging and agreeing: la! 486 JI 489 posed that this access would be moved some 120 feet to the west be- tween Big Boy and the Key City Mi- ni-Bank. 5. A proposed landscape and screen- ing plan. After reviewing the testimony at the public hearing, the proposed preliminary plan and the traffic analysis submitted by the applicant the Commission finds that with some minor adjustments the design and general review standards applicable to preliminary development plans have been met. In addition, the Commission finds that the special review standards for expansion of existing C-6 Commercial District uses have been met, specifically, that: 1. Full off.street parking space re" quirements have been met for the entire District; 2. All standards for screening, plan- ting, and paving have been met;and 3. The proposed addition will not ov- erburden existing public streets giving access to the C-6 District. The Commission voted to approve the Preliminary Development Plan contigent on the developer meeting the following conditions prior to submission of a Final Development Plan: 1) revision to the land- scape plan to control debris and vehicular access in the adjoining ravine; 2) that cur- bing in the area of the Big Boy Restaurant be revised to discourage general traffic through their parking lot; 3) that curbing be provided along the main entry to Plaza 20; and 4) that the developer sign an agreement with the Planning and Zoning Commission and provide some form of surety to the City that all improvements will be constructed and the site will be developed as shown on the Final Develop- ment Plan. Accordingly, by a vote of 5-0, the Plan- ning and Zoning Commission recom- mends that the Plaza 20 preliminary de- velopment plan be approved subject to the above-mentioned conditions and that the property, as legally described in the attached Ordinance. be reclassified from C-6 Planned Commercial District to C-6 Planned Unit Development District. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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. AN ORDlNANCE 01 tbc City olDubu- que, Iowa, providing that the Code of Or- dinances, City of Dubuque, be amended Regular Session, November 6, 1978 Member W ertzberger. Carried by the fol lowing vote: Yeas - Mayor Tully, Council Mem- bers Farrell, King, Wertzberger. Nays - Council Member Brady. October 30, 1978 Honorable Mayor and City Council RE: Plaza 20, Inc. Preliminary Development Plan and Planned Unit Development Review Dodge Street at Devon Drive We transmit for your consideration a recommendation adopted by the City of Dubuque Planning and Zoning Commis- sion on the application of Plaza 20, Inc. for approval of a preliminary development plan and Planned Unit Development des- ignation for the purpose of expanding building area in an existing C-6 Planned Commercial District. The property in question consists of ap- proximately 30 acres, located south of Dodge Street at its intersection with Dev- on Drive. It is separated from Dodge Street by a strip of frontage road business along the north; it is separated from neighboring residential areas to the east and south by a steep ravine. At the present time the property is developed with a 154,000 square foot multiple-ten- ant shopping center including a K-Mart Department Store, self-serve car wash, drive-in bank, free-standing restaurant and some 1030 parking spaces. The Planning and Zoning Commission held a public hearing on this application on October 18, 1978. At the hearing, the applicant and the applicant's traffic con- sultant presented testimony in support of the request. A number of neighboring residents also were present and heard. They were not opposed to the proposed expansion but requested that considera- tion be given to a fence along the east and south boundaries of Plaza 20 as a control on debris and motorcycle traffic in the ravine separating their property from the shopping center. The proposed preliminary develop- ment plan submitted by the applicant in- cludes the following features: 1. A 35,000 square foot addition to the existing K-Mart store bringing the gross building area of Plaza 20 to 196,000 square feet. Z. A revised parking and circulation plan following the recommendations of the traffic consultant's analysis. Some 980 parking spaces are pro- vided. 3. Construction of an eastbound right turn lane on Dodge Street at Devon Drive intersection. 4. Relocation of the frontage road across to Dodge Street in the Marc's Big Boy Restaurant area. It is pro- ular Session, November 6, 1978 The Commission also found that there is some uncertainty surrounding the YMCA-YWCA zoning status. While the Council approved the rezoning, they also directed the City Solicitor to investigate alternatives, thus leaving open the pos- sibility of change in the classification of tbe YMCA-YWCA property. Accordingly, by a vote of 4*1-1 the Plan- ning and Zoning Commission has recom- mended reclassification of the Kramer and White. properties from R-2 Residen- tial District to OR-l"a" Office-Residential District. At the same time, the Commis- sion also recommended that the City Council hold consideration of these peti- tions until such time as there is a final resolution of YMCA-YWCA zoning sta- tus. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Farrell, King, W ertzberger. Nays - Council Member Brady. AN ORDlNANCE 01 tbe City olDubu- que, Iowa. providing that the Code of Or- dinances, 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 1563 and 1591-1593 Dodge Street from R-2 Res- idential District Classification to OR-l "Ii." Office-Residential District Classification, presented and read. Council Member Far- rell moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Councl bers Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Farrell moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member W ertzberger. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Mem- bers Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Farrell moved that a public hearing be held on the Ordinance on December 4,1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Council _~.o,. Mem- Re Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Acceptance Terrance Grimes and Veronica Grimes having read the terms and conditions of the foregoing Resolution No. 373-78, and being familiar with the conditions there- of, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 8th day of November, 1978. Member King. October 30, 1978 Honorable Mayor and City Council RE: White and Kramer Rezoning Request: R-2 to OR-l"a" 1563 and 1591-93 Dodge Street The City of Dubuque Planning and Zon- ing Commission has held a public hearing on the petitions of Mr. and Mrs. Gerald White, 1563 Dodge Street, and Mr. and Mrs. Joseph Kramer, 1591*1593 Dodge Street. The petitions are to reclassify their properties from the R-2 Residential District to the OR-l "a" Office-Residential District. The subject properties are located on the north side of Dodge Street just west of the City's tennis court at Booth Street. The properties contain approximately 24,700 square feet of area. They have a combined frontage of 157 feet on Dodge and an average depth of 151 feet. The White property is developed with a sin- gle~family dwelling while the Kramer pro. perty contains a duplex. In their review of this matter, the Com- mission found that the Kramer-White pe* titions were prompted by the recent re- zoning proposal of the YMCA-YWCA. The zoning change on the YMCA~YWCA property which was approved by the City Council on October 2, 1978, surrounded the R-2 zoned Kramer and White proper- ties on three sides with an OR-lua" District. The YMCA-YWCA rezoning and the Dodge Street right-of-way in- solate the petitioners' properties from the rest of the R-2 District as shown on the attached vicinity map. Terrance Grimes Veronica Grimes Council Member Farrell moved adop- tion of the Resolution. Seconded by Coun- cil Member W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell. Wertzberger. Nays - None. Abstain - Council 488 491 ReJ(ular Session, November 6, 1978 General Obligation Library Bonds ap- proved by the voters of said City at the election referred to in the preamble hereof be advertised for sale at this time. Section 2. That this resolution be en- tered of record as evidence of the ap- proval by this Board of the advertise- ment. sale and issuance of said bonds. and that a certified copy of this resolution be filed with the City Council of said City with the request that the CIty Council proceed with the sale and issuance of said bonds. Passed and approved November 6, 1978. Norman McMullin, President ATTEST: Leland P. Stocker Secretary Council Member Wertzberger moved that the resolution be approved. Second- ed by Council Member King. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. RESOLUTION NO. 378.78 Resolution Providing for the Advertise- ment 0' $3,180,000 General Obligation Library Bonds WHEREAS at an election duly and leg- ally called and held on the 12th day of September, 1978, over sixty per cent of the qualHied voters of the City of Dubu- que, Iowa voting thereon approved the proposition of issuing bonds in an amount not exceeding $3,180,000 for the purpose of reconstructing and equipping an addi- tion thereto and acquiring real estate therefor in said City, and it is necessary and for the best interests of said City that all of said bonds be offered for sale at this time in the manner contemplated by Chapter 75 of the Code of Iowa, 1977, as amended; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That General Obligation Li- brary Bonds of said City in the amount of $3,180,000 be advertised for sale, such bonds to be dated January 1, 1979, to bear interest payable June 1, 1979, and semi- annually thereafter on December 1 and June 1 of each year, and to mature in numerical order on June 1 of each of the respective years as follows: Year Amount 1981 $ 50,000 1982 50,000 1983 80,000 1984 100,000 1985 250,000 1986 250,000 1987 300,000 and that bids be requested for action thereon at the Council Chambers in the Ci- ty Hall in said City at 1:00 P.M.. on the 4th Amount $300,000 300,000 350,000 350,000 400,000 400,000 Year 1988 1989 1990 1991 1992 1993 Crane Enterprises, Inc. 2245 John F. Ken- nedy Rd. Barney Willenborg (Sunday Sales Onlyl 1311 Rhomberg Ave. David L. Koeller (Also Sunday Salesl2987 Jackson St. Richard B. Winsor, 253 Main St. Passed, adopted, and approved this 6th day of November, 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 Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas" Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Resolution Requesting the Advertise. ment, Sale and Issuance of $3,180,000 General Obligation Library Bonds. WHEREAS, the City of Dubuque, in Dubuque County, Iowa, has heretofore established a free public library in said Ci- ty and the management and control of said library is vested in this Board of Library Trustees which was functioning on the effective date of the City Code of Iowa and which is organized and operat- ing under the provisions of Section 392.5 of the Code of Iowa, 1977, as amended; and WHEREAS, it is necessary and advis- able that said City reconstruct the ex- isting Carnegie Stout Public Library Building and construct and equip an addi- tion thereto and acquire real estate there- for; and WHEREAS, at a special election called and held in said City on September 12, 1978, pursuant to the written request of this Board, there was submitted to the voters and duly carried the proposition of issuing bonds of said City in an amount not exceeding $3,180,000 to pay the cost of reconstructing the' existing Carnegie Stout Public Library Building and con- structing and equipping an addition thereto and acquiring real estate therefor in said City; and WHEREAS, it is the recommendation of this Board that all of the bonds auth- orized at said election be issued at this time; NOW, THEREFORE, Be 1t Resolved by the' Board of Library Trustees of the City of Dubuque, Iowa, as follows: Section 1. That this Board recom- mends to the City Council of the City of Dubuque, Iowa, that all of the $3,180,000 Regular Session, November 6, 1978 ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully. Council Members Brady, Farrell. King, Wertzberger. Nays - None. RESOLUTION NO. 376.78 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; 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 City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Sea Food Shanty of Dubuque, Inc. (Also Sunday Salesl693 Dodge Street Passed, adopted, and approved this 6th day of November,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 Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 377-78 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 City 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 Lowrie E. Smith (Also Sunday Sales) 521 E. 22nd St. 490 by revising Appendix A thereof, also known as the "Zoning Ordinance and Zon- ing Map of the City of Dubuque, Iowa", which amendment shall establish a Planned Unit Development designation on property hereinafter described lying in a C-6 Planned Commercial District at Plaza 20 Shopping Center, presented and read. Council Member Wertzberger moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council Member Farrell. Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on December 4, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of F. N. Smith Construction Co. requesting permission to excavate in Hillcrest Road between Kennedy Rd. and Pasadena Dr., presented and read. Coun- cil Member Brady moved that the request be approved. Seconded by Council Mem- ber W ertzberger. Carried by the follow* ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO_ 375-78 BE IT RESOLVED, By tbe City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provi- sions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Sea Food Shanty of Dubuque, Inc., 693 Dodge Street Passed, adopted, and approved this 6th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 493 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved. . . . . . . . . . . . . . . . . . . . . . .1979 Adopted......... ............ ...1979 Council Members ATTEST: City Clerk ReKular Session, November 6, 1978 $62.83. for car damage incurred as the re- sult of driving into a hole in Kerper Blvd. on 10-20-78; Theresa Dausener, in the amount of $425., for house damage incur- red as the result of work being done in street at 907 Lincoln Ave. on 10-24-78; Raymond J. & Virginia R. Gross, in the amount of $14,209.71, for damage incur- red as the result of flooding the basement of their home at 995 W. Locust St. on 5-13-78; AnD Marie Murray, in the amount of $3154.50, for personal injuries received in a fall at 530-540 Alpine St. on 10-26-78, presented and read. Council Member Wertzberger 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. Communication of City Manager sub* mitting reports of the City Treasurer. Fi- nance Director, Water Sup't., Health Dept., also list of claims for month of Sep- tember, 1978, presented and read. Coun" cil Member Wertzberger moved that the communication 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. Proof of Publication, certified to by the Publisher, of List of Receipts and Expen- ditures for September, 1978, presented and read. Council Member Wertzberger moved that the proof of publication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. PETITIONS - Jeanne Zenner re- questing refund of $50. on unexpired pore tion of Cigarette License No. 1544; Holy Trinity Catholic Church requesting re- fund of $225., on unexpired portion of Class "B" Beer Permit; Paul Gloden re- questing refund of $75. on unexpired por- tion of Cigarette License No. 1525 and $633.75 on unexpired Liquor No. C-l0893, presented and read. Council Member Wertzberger moved that the refunds be granted and City Auditor directed to is- sue proper warrants. Seconded by Coun* cil Member Farrell. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. There being no further business, Coun- cil Member Wertzberger moved to ad- journ.-Seconded by Council Member Far- rell. Carried by the following vote: Regular Session, November 6, 1978 MINUTES SUBMITTED - Commu- nity Development Commission of their meetings of 10-11 and 10-24; Five Flags Center Commission and Building Com- mittee of 10-12; Playground & Recreation Commission of 10-9; Airport Commission of 10-12; DMATS of 9-28; Historical Pres- ervation Commission of 7-14, 8-3, 8-29 and 9-27; Planning & Zoning Commission of 10-18 and 10-30, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays.. None. Annual Report of Dubuque Five Flags Center for Fiscal Year 1978, presented. Council Member Wertzberger moved that the report be received and fil~. 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 DEQ submitting water main extension permits for Wack- er Drive, and Birch Acres Sub., also sew- er extension permits for Wacker Drive and Birch Acres, presented and read. Council Member Wertzberger moved that the communications 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. Communication of City Attorney ad- vising of dismissal of sewer back-up claim of Randall W. Owens by Iowa District Court due to lack of evidence to show cause of negligence, presented and read. Council Member Wertzberger moved that the dismissal be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. NOTICES OF CLAIMS - Juditb A. Kelley, in undetermined amount, for per- sonal injuries received in a fall at the north side of alley at City Hall on 10-18-78; Michael G. Wagner et ux, in the amount of $318.22 plus, for damage to real and per- sonal property as the result of the flood- ing of their basement at 67 Gandolfo on 10-25-78; Donald J. & Darlene M. Christ, in the amount of $150,000., for damage to home and contents destroyed as the result of said home being struck by a city- owned bus on 3-25-78; Karen J. Timpe, in the amount of $56.65 for car damage in- curred as the result of striking a barri- cade in the street at Foothill intersection on 10-23-78; Linda Kurtz, in the amount of 492 day of December, 1978, and that the City Clerk be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Telegraph-Herald", a news- paper published and of general circulation in Dubuque County, Iowa, such advertise- ment to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved November 6, 1978. Thomas A. Tully Jr. ATTEST: Mayor Leo F. Frommelt City Clerk Recorded November 6, 1978 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. Communication of A. J. Rooney sub- mitting a letter sent to the Telegraph- Herald with reference to the proposed TV rates which was returned, by the ed- itor, due to duplication of service, presen- ted and read. Council Member Wertz- berger moved that the communication be received and filed. Seconded by Council Member Farell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Fourth Street Neighborhood Ass'n. advising that a mo- tion was passed at their meeting of Oc- tober 25th that Mary Billington be their representativeon the Community Devel- opment Commission, presented and read. Council Member Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of West 11th St. Neighborhood Ass'n. approving the ap- plications of Robert Fisch and Betty Krieg for appointment to Community De- velopment Commission, presented and read. Council Member Wertzberger mov- ed that the communication be received and filed and referred to Council. Se- conded by Council Member }i'arrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. \,,1',1 ~.. 495 Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Council Member Brady moved that Dan Bowman be appointed to the Human Rights Commission for a 3 year term ex- piring 1-1-81. Seconded by Mayor Pro- Tem W ertzberger. Carried by the follow- ing vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Council Member Farrell moved that Richard Riedl be appointed to the Human Rights Commission for a 3 year term ex- piring 1-1-81. Seconded by Mayor Pro- Tern W ertzberger. Carried by the follow- ing vote: Yeas - Mayor Pro-Tem Wertzberger, Council Members Brady. Farrell, King. Nays - None. Absent - Mayor Tully. Council Member Farrell moved that Sandralee M. Scott be appointed to the Human Rights Commission for an unex- pired term expiring 1-1-79. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Council Member King moved that Bill Totty be appointed to the Library Board for an unexpired 6 year term expiring 7-1-83. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Mayor Pro-Tern Wertzberger moved that Paul Rossiter be appointed to the Historic Preservation Commission for a 3 year term expiring 6-29-81. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Mayor Pro-Tern Wertzberg_er moved that Rick Beecher be appointed to the Historic Preservation Commission for a 3 year term expiring 6-29-81. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Council Member Brady moved that John L. Oehrle be appointed to the Civic Center Commission for a 2 year term ex- piring 6-29-80. Seconded by Council Mem- Session, November 8, 1978 Council Member Wertzberger moved that Ed Rosenow be appointed to the Planning & Zoning Commission for a 5 year term expiring 5-24-83. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas _ Mayor Tully, Council Members Brady, Farrell. King, Wertzberger. Nays - None. MAYOR TULLY LEFT THE COUN- CIL CHAMBER AT 5:30 P.M. Council Member Wertzberger moved that Larry Torgler be appointed to the Human Rights Commission for a 3 year term expiring 1-1-81. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Wertzberger moved that William J. Watters be appointed to the Housing Commission for a 2 year term expiring 8-17-80. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Farrell moved that Norb Laufenberg be appointed to the Housing Commission for a 2 year term ex- piring 8-17-80. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Brady moved that Willa M. Bussan be appointed to the Housing Commission for a 2 year term ex- piring 8-17-80. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - Council Member Wertzberger. Council Member Farrell moved that Gary A. Emenitove be appointed to the TV Cable Commission for an unexpired term expiring 6-29-79. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Wertzberger moved that William A. Knapp be appointed to the Planning & Zoning Commission for a 5 year term expiring 5-24-83. Seconded by Council Member King. Carried by the fol* lowing vote: Yeas - Mayor Tully, Council Members King, Wertzberger. Nays - Council Members Brady, Far- rell. S pedal Session, November 8, 1978 Development Commission for a 1 year term expiring 11-8-79, representing At- Large. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Wertzberger moved that Robert Fisch be appointed to the Community Development Commission for a 3 year term expiring 11-8-81, repre- senting Target Area. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Mayor Tully moved that Cheryl Albert be appointed to the Community Develop- ment Commission for a 2 year term expir- ing 11-8-80, representing Target Area. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Farrell moved that Edna Thompson be appointed to the Com- munity Development Commission for a 2 year term expiring 11-8-80, representing Target Area. Seconded by Council Mem- ber W ertzberger. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that Michael W. Pratt be appointed to the Community Development Commission for a 1 year term expiring 11-8-79, represent- ing Target Area. 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 Doris Hingtgen be appointed to Com- munity Development Commission for 3 year term expiring 8-17-79,representing Housing Commission and Elaine Kauf- man for a 1 year term expiring 11-8-79, representing Housing Rehabilitation Commission. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Farrell moved that Ruth Nash be appointed to the Zoning Board of Adjustment for a 5 year term ex- piring 9-19-83. MOTION DlED FOR LACK OF A SECOND. Council Member Wertzberger moved that Charlotte G. Kelly be appointed to the Housing Commission for a 2 year term expiring 8-17-80. Seconded by Coiln- ,'..-.'"-- 494 C OFFICIAL Special Session, November 8, 1978. Council met at 4:15 P.M. (C.S.T.l. Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called to review appli- cations submitted for various Boards and Commissions and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication from Dubuque Five Flags Center requesting authorization of acceptance from Loras College of one portable basketball floor and goals in return for free use of Arena Portion of Five Flags Center for ten events a year for ten years and submitting agreement, presented and read. Council Member Wertzberger moved that the agreement be approved as amended and set for a public hearing on November 20, 1978 at 7:30 o'clock P.M. in the Council Chambers and City Clerk directed to publish notice as required by law. 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 James L. Gloor be appointed to the Airport Commission for a six year term expiring 9-14-84. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully. Council Members King, Wertzberger. Nays - Council Members Brady, Far- rell. Council Member King moved that Paul Milbrandt be appointed to the Commu- nity Development Commission for a 3 year term expiring 11-8-81, representing At-Large. Seconded by Council Member W ertzberger. Carried. by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Farrell moved that John Cody be appointed to the Commu- nity Development Commission for a 2 year term expiring 11-8-80, representing At-Large. Seconded by Council Member W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Counil Member Brady. Mayor Tully moved that Russel N eu- woehner be appointed to the Commun~ty ----=--="-=:-~~-;"~..-=__,_~iO-- ity Council Special 497 Health, November 20, 1978 Board of Board of Health OFFICIAL Special Session, November 20, 1978. Board mct at 7:25 P.M. le.S.T.I. Present _ Chairman Thomas A. Tully Jr., Members Carolyn Farrell, D. Michael King, Richard Wertzberger. Absent - Member James E. Brady. Communication of Building Commis- sioner requesting a date of hearing be set relative to the condition of a 22 unit brick and frame apartment building located at 252,254,264,266,276 and 278 W . 17tb St" presented and read. Member W ertzber- ger moved that the communication be re- ceived and filed and set for a hearing on December 4. 1978 at 7:00 P.M. in the Council Chambers in City Hall. Seconded by Member Farrell. Carried by the fol- lowing vote: Yeas _ Chairman Tully, Members Far- rell, King, W ertzberger. Nays - None. Absent - Member Brady. There being no further business, Mem- ber Wertzberger moved to adjourn. Se- conded by Member Farrell. Carried by the following vote: Yeas _ Chairman Tully, Members Far- rell, King, Wertzberger. Nays - None. Absent - Member Brady. Leo F. Frommelt Clerk Board of Health Approved. .1979 Adopted. . .1979 - - - - Members Board of Health ATTEST: City Clerk S!,ecial Session, November 8, 1978 ber King. Carried by the following vote: Yeas - Mayor Pro-Tem Wertzberger. Council Members Brady, Farrell, King. Nays - None. Absent. Mayor Tully. Council Member Kingmoved that Nan- cy Slattery be appointed to the Civic Cen- ter Commission for a 2 year term expiring 6-29-80 (Rescinded-Not a City Resident). Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro"Tem Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Mayor Pro-Tem Wertzberger moved that Francis A. Murray Jr., be appointed to the Playground & Recreation Commis- sion for a 3 year term expiring 7-5-81. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent * Mayor Tully. Council Member King moved that Pat- rick M. Flanagan be appointed to the Playground & Recreation Commission for a 3 year term expiring 7-5-81. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. There being no further business, Coun- cil Member King moved to adjourn. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell, King. Nays - None. Absent - Mayor Tully. Leo F. Frommelt City Clerk Approved. .1979 Adopted. . .1979 - - - - - Council Members ATTEST: - City Clerk 496 499 filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members King, Wertzberger. Nays - None. Abstain - Council Member Farrell. Absent - Council Member Brady. Communication of Juanita Moberly of 275 Fremont Ave., suggesting trial of a four-way stop before spending money on an island on the corner of Simpson and Fremont, AND Communication of Her- bert L. Hangar, 940 Kelly Lane, indicat- ing concern of the postponement of traffic islands and regulatory signs in the Fre- mont, Simpson and Wartburg Streets area, presented and read. Council Mem- ber Wertzberger moved that the commu- nications be forwarded to Engineering Department with former correspondence being presently considered. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of A.Y. McDonald Mfg. Co. withdrawing their request for option on te Petrakis Park area, however hope- full the Council will assist in obtaining sui I!ble land should the freeway project requite...relocation from Dodge and Lo- cust, presented and read. Council Mem- ber Wertzberger moved that the commu- nication be referred to Council and City Solicitor for resolution adyising Council willing to sit down with McDonald to help solve the problem. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. ORDINANCE NO. 65.78 AN ORDINANCE CREATING THE PO. SITION OF AMBULANCE DRIVER(S)/ ATTENDANT(S) IN THE CITY OF DU. BUQUE, IOWA, PRESCRIBING THE DUTIES THEREOF AND THE QUALIFICATIONS THEREOF, said Or- dinance having been previously present- ed and read at the Council Meetings ofOc- tober 16,1978 and November 6, 1978, pre- sented for final adoption. ORDINANCE NO. 65.78 AN ORDINANCE CREATING THE PO. SITION OF AMBULANCE DRIVER(S)/ ATTENDANT(S) IN THE CITY OF DU. BUQUE, IOWA. PRESCRIBING THE DUTIES THEREOF AND THE QUALlFI. CATIONS THEREOF. WHEREAS, the City of Dubuque, Iowa deems it in the public interest to es- tablish and create ajob classification for Ambulance Driver(s)/Attendant(s}; and Special Session, November 20, 1978 ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Counci Farrell, King, Wertzberger. Nays - None. Absent - Council Communications of Sandy Blake, Clarke College student, objecting to the cab rates being charged from the Bus Station and Amtrak Depot to Clarke; and Mary M. Geary et al objecting to unfair practice of the A-OK Yellow Cab Co. to charge in- dividual fare for each passenger from the three colleges to/from the Amtrak Sta- tion, Bus Station or Airport, presented and read. Council Member Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Sandy Blake spoke to the communica- tions expressing objections to the prac- tice of charging individual rates although more than one are going from and to the same destination. Attorney Robert Bertsch, represent- ing the Cab Company, advised Ordinance states two or more passengers in unrelat- ed group; each person in cab is charged the nominal rate; Present rate is justified; Request Council take no action in the for- seeable future; Inundated with luggage. Council Member Wertzberger moved that the communications of Sandy Blake and Mary M. Geary et al be received and Members Section 2. That the City Council of the City of Dubuque, Iowa does hereby declare its intent to impose a hotel-motel tax in the City of Dubuque, Iowa. Section 3. That the Mayor of the City of Dubuque, Iowa be and he is hereby au- thorized and directed to notify the Iowa Department of Revenue of the intent of the City Council of the City of Dubuque, Iowa to impose a hotel-motel taxin the Ci- ty of Dubuque, Iowa as is by law provided, and such notice shall be by certified U.S. mail. Passed, adopted, and approved this 20th day of November,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members Member Brady. Special Session, November 20, 1978 Wilfred Bah] Chairman Lloyd C. Hayes ATTEST: Member George J. Brown, County Auditor Commissioner of Elections Dubuque County, Iowa Council Member Wertzberger moved that the canvass be received and made a matter of record. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 379.78 WHEREAS, the electorate of the City of Dubuque. Iowa, by majority vote,elect- ed to impose a hotel-motel tax in the City of Dubuque, Iowa; and WHEREAS, it is now necessary that the Iowa Department of Revenue be noti- fied of the City's intent to impose said tax; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Council of the City of Dubuque. Iowa recognizes and ac- knowledges that the voters of the City of Dubuque, Iowa at the election held on No- vember 7,1978, by majority vote. voted in favor of imposing a hotel-motel tax in the City of Dubuque, Iowa. 22 390 123 23 405 63 24 533 192 25 329 94 Absentee & Cballenged ~':;".J!!L Total 9,475 3,150 Tax Proposition For the City of Dubu- que was declared passed. SPECIAL TELEPHONE FRANCHISE ELECTION CASCADE, IOWA Shall the Following Public Measure Be Adopted? "Shall the City of Cascade grant the Cascade Telephone Company a non-ex- clusive franchise for a period of 25 years pursuant to the terms and conditions of Ordinance No. 174?" YES NO 398 106 We the undersigned members of the Board of Canvassers of Dubuque County, Iowa do hereby certify that on the 7th day of November, 1978 the aforesaid Public Measure and the Tax Proposition are de- clared approved. In testimony whereof. we have hereun- to set our hands and caused this to be at- tested to and sealed by the County Audi- tor of said County this 13th dayofNovem- ber, 1978. 498 City Council OFFICIAL Special Session, November 20, 1978. Council mct at 7:30 P.M. IC.S.T.). Present - Mayor Tully, Council Mem. bers Farrell, King. Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Council Member Brady. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the purpose 01 conducting a PUBLIC HEARING ON LEASE AGREEMENT BETWEEN FIVE FLAGS CENTER COMMISSION AND BUlLDfNG COMMITTEE AND LORAS COLLEGE and acting upon such other business as may properly come be- fore a Regular Meeting of the Council. Invocation was given by Rev. Giesler of Faith Methodist Church. A proclamation proclaiming Novem- ber 23. 1978, as "Official Day of Thanks- giving," was read and so proclaimed by Mayor Tully. TAX PROPOSITION CITY OF DUBUQUE Shall the Following Proposition Be Adopted? "Shall the City of Dubuque, Iowa im- pose a hotel and motel tax at the rate of five percent (5%) upon the gross receipts from the renting of any and all rooms, apartments, or sleeping quarters in any hotel, motel, inn or public lodging house, rooming house or tourist court or in any place where sleeping accomodations are furnished to transient guests for rent, whether with or without meals, within the corporate boundaries of said city ex* cept the gross receipts from the renting of a room, apartment, or sleeping quar- ters while rented by the same person for a period of more than thirty--one (31) days?" PRECINCT YES NO 1 304 69 2 192 81 3 191 69 4 591 191 5 220 80 6 255 84 7 147 52 8 237 83 9 199 60 10 205 146 11 350 122 12 340 95 13 616 155 14 350 92 15 309 102 16 368 110 17 461 128 18 388 108 19 631 192 20 569 200 21 470 146 501 ness purposes. 2. That the sale price of said real es- tate shall be seventy-five (75) cents per square foot, amounting to a total purchase price of $34,359.04, with a down payment of $3,435.90 being paid as down payment, re- ceipt of said down payment is here- by acknowledged by the City. 3. That construction of said building shall be commenced within one (ll year from date of delivery of deed and the passage of this Resolution and shall be completed within twen- ty-four (24) months of delivery of deed; and upon failure to do so or failure to make improvements to the land within one (1) year by Don" aId J. Herbst, purchaser, then said real estate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all build- ings, yards, parking lots, fences and ancillary improvements shall be constructed in conformance with City Codes and manufacturing pro- cesses carried out in accordance with City ordinances. 5. That the City of Dubuque, Iowa. re- tains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, in- spect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of in* terest in real estate as is by law required. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger 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: Yes - Mayor Tully, Council Members Farrell, W ertzberger. Nays - None. Abstain - Council Member King. Absent - Council Member Brady. That the said real estate be sold to Donald J. Herbst of Dubuque, Iowa for the construction and erection of a commercial building for his busi- Special Session, November 20, 1978 1. nance now in effect, presented and read. Terry Miller of the Letter Carriers spoke to the Communication as being in favor ofleaving the present Ordinance as it is. 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 Farrell, King, Wertzberger. Nays. None. Absent - Council Member Brady. Communication of Attorney David F. Setter. in behalf of Donald J. Herbst, sub- mitting a written confirmation for the purchase of Lot 5 of Block 1 of Riverfront Subdivision No.5 at 75 cents per square foot, presented and read. Council Mem- ber 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 Farrell, W ertzberger. Nays - None. Abstain - Council Member King. Absent - Council Member Brady. RESOLUTION NO. 374-78 WHEREAS, tbe MAYOR'S INDUS- TRIAL COMMITTEE, composed of Thomas A. Tully Jr., Mayor, William A. Conzett, Chairman of the Board of Dock Commissioners, and Robert E. Dorothy, Director of Dubuque Area Industrial De- velopment Corporation, recommended to the City Council of the City of Dubuque on the 26th day of October, 1978 that the ap- plication to purchase certain City-owned real estate by DONALD J. HERBST of Dubuque, Iowa for the erection of a com- mercial building be approved; and WHEREAS, the City Council of the Ci- ty of Dubuque, Iowa has examined said application and recommendation to the MAYOR'S INDUSTRIAL COMMIT- TEE and finds that the sale of said real estate should be approved; and WHEREAS, said real estate souoght to be purchased by Donald J. Herbst is de* scribed and known as: Lot 5 of Block 1 of Riverfront Subdivi- sion No.5, in the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE ClTY OF DUBUQUE, lOW A: Section 1. That the application of Donald J. Herbst of Dubuque. Iowa to purchase a parcel of City-owned real es- tate in the City of Dubuque, Iowa, which real estate is described and known as: Lot 5 of Block 1 of Riverfront Subdivi- sion No.5, in the City of Dubuque, Iowa be and the same is hereby approved upon the following terms and conditions: """,=....,., S}lecial Session, November 20, 1978 ver(s)/Attendantfs) from the effective date hereof skall come under the jurisdic- tion of the City of Dubuque Fire Depart- ment. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members "u _ ."",___"",,_ _"""",,"e~ It 11/24 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas -Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Petition ofLoriel L. Parker et al (955 sign- ers) submitting a proposed amendment to the Dog Ordinance, presented and read. Loriel Parker, Mona Udelhofen, Mike Burns, Charles Reisen, Donald Deich Sr., spoke to the petition as being against Sec- tion 7-46 of the Code of Ordinances entitl- ed "Confinement Authorized" and re- questing amendment to same. Dr. James Stark stated that after six years of practice there must certainly be a better solution than the City's all but au- tomatic impoundment of dogs. Council Member Wertzberger moved that the petition of Loriel L. Parker et al be received and filed. Seconded by Coun- cil Member Farrell. Carried by the follow* ing vote: Yeas * Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Health. Department submitting a summary of dog biting inci- dents for four years from 1975 to 1978 to November 16th, presented and, read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas * Mayor Tully, Council Members Farrell, King, Wertzberger. Nays ~ None. Absent - Council Member Brady. Communication of Dubuque Branch of Nat'l. Ass'n. of Letter Carrier~ strongly urging not to adopt dogordinante propos- ed by the objectors to the present Ordi- ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of No- vembe'r.1978. Leo F. Frommel City Clerk 500 WHEREAS, thepersonorpersonsfill- ing the Ambulance Driver(sJ/Attendant(sJ position shall be qualified and capable to supervise and/or administer on-the-scene first aid and emergency treatment to pa- tients: administer routine medication or therapeutic oxygen in accordance with prescribed procedures: drive or ride am- bulance to and from scene of emergency: assist in the loading, unloading and care of patients and coroners cases requiring ambulance service; assist in the training offirefighters and new ambulance atten- dants in the operations and maintenance of emergency ambulances and perform related work as required,' a'flJl WHEREAS, said persons shall be re- quired to possess the following qualifica- tions: Knowledge of advanced first aid and emergency medical treatment methods and techniques; considerable knowledge of the geography of the area of service; ability to administer first aid; ability to drive safely and to react quickly and calmly in emergency situations; ability to supervise the work of others; ability to establish and maintain effective working relationships with patients, other em- ployees and the public: and WHEREAS, said person or persons shall possess a valid drivers license and must meet the requirements of Sec. 18-37 et seq. of the Code of Ordinances of the Ci- ty of Dubuque, Iowa and must meet the physical requirements of Chapter 411 of the 1977 Code of Iowa,' and WHEREAS, appointments to fill such positions shall be made by the City Man- ager, and the work of said Ambulance Driver(sJ/AUendanUsJ shall come under the Fire Department of the City of Dubu- que, Iowa. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CI. TY OF DUBUQUE, IOWA: Section 1. That the job classification of Ambulance Driver(sJ/AttendanUsJ be and the same is hereby created in the Ci- ty of Dubuque, Iowa. Section 2. That those persons employ- ed for employment as Ambulance Dri- ver(sJ/Attendant(sJ shall be required to perform the work hereinabove specified and shall have the qualifications herein- above specified and shall possess a valid drivers license and shall meet the re- quirements of Sec. 18-37 et seq. of the Code of Ordinances of the City of Dubu- que, Iowa and must meet the physical re- quirements of Chapter 411 of the 1977 Code of Iowa. Section 3. That the said Ambulance Driver(sJ/AttendanUsJ shall be required to pass the City of Dubuque civil service entrance examination. Section 4. That the Ambulance Dri- - 503 Communication of City Manager re- commending approval of agreement with DOT for the use of land on Area C, Missis- sippi River Bridge and adjoining land for construction purposes, presented and read. Council Member Wertzbergermov- ed that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 382.78 Resolution Authorizing the Mayor to Execute An Agreement with the Iowa Department of Transportation on Is- sues Relative to Freeway 561 Bridge WHEREAS, the Iowa Department of Transportation plans to let a contract for the construction of the substructure of Freeway 561 Mississippi River Bridge on December 5, 1978; and WHEREAS, the Iowa Department of Transportation is requesting the City to approve an agreement relative to the use of City owned land on City Island and oth- er issues relative to the construction of the bridge; and WHEREAS, the City executed a pro- ject design agreement on March 6, 1973 relative to the same subject; NOW THEREFORE BE IT RESOLV- ED BY THE ClTY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Mayor be author- ized to execute and the Clerk be authoriz- ed to certify the agreement with the Iowa Department of Transportation. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of H.R.W. Associates, by their attorney, requesting reconsider- ation of Council action with respect to the rezoning of their property from its pres- ent C-3 classification to a C-6 classifica- tion, presented and read. Attorney Robert Bertsch addressed the Council stating Kennedy Circle should be vacated to eliminate as a public Special Session, November 20, 1978 Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 381.78 Authorizing Execution of Capital Assis- tance Grant with the Urban Mass Trans. portatlon Administration WHEREAS, Under date of October 24, 1978, the Urban Mass Transportation Ad- ministration tendered a Capital Grant Contract providing for a $101,208 pay- ment to the City of Dubuque; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Mayor of the City of Dubuque be and is hereby authorized and directed to execute a Capital Grant Contract for Project No. IA-05-0009 cov- ering the purchase of certain equipment for the Transit Authority. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Transit Manager submitting a proposed contract covering an engineering study with Shive-Hattery Associates for the bus garage facility in conformance to requirements of Urban Mass Transit Administration and re- questing approval to proceed, presented and read. Council Member Wertzberger moved that the communication be receiv- ed and filed and referred to Council. Se- conded by Council Member Farrell. Car* ried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Council Member Wertzberger moved that a Section B-ll be added to mclude combination of Transit Garage with City Garage and approve contract in the amount of $13,500.00, as amended. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberg~r. Nays - None. Absent - Council Member Brady. Special Session, November 20, 1978 ty Clerk be and they are hereby directed to execute said agreement for and on be- half of the City of Dubuque, Iowa. Section 3. That the City Manager be and he is hereby charged and directed to oversee and implement the terms and provisions of said agreement and to oversee the performance of said agree- ment. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Re- corder, Dubuque County, Iowa. Passed, adopted, and approved. this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Recreation Commis- sion submitting proposal for feasibility study to construct recreational complex in F.D.R. Park, presented and read. Recreation Director Trueblood and Recreation Commissioner Reilly spoke to the communication. Council Member King moved that the communication be received and filed. Seconded by Council Member W ertzberger. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Council Member Wertzberger further moved that the Mayor be directed to exe- cute contract for study with the firm of Cullen, Kilby, Carolan & Associates in the amount of $13,500.00, including topo- graphic map. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully I Council Members Farrell, W ertzberger. Nays - Council Member King. Absent - Council Member Brady. Communication of Transit Manager advising that the City's Capital Assis- tance Grant Application has been approv- ed, in the amount of $126,610., presented and read. Council Member Wertzberger moved that the communication be receiv- ed and filed. Seconded by Council Mem- ber Farrell. Carried by the following vote: ~Wi;,'\iiV":!!t+.6"';;''!c.,"*'ib~;;;,:;''_'<t,- 502 Proof of Publication, certified to by the Publisher, of Notice of Hearing on pro- posed Lease Agreement between the Five Flags Center Commission and Build- ing Committee and Loras College, pre- sented and read. Council Member Wertz- berger moved that the proof of publica* tion be received and filed. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Farrell, King, W ertzberger. Nays. None. Absent - Council Member Brady. Communication of Paul R. Sutton ob- jecting to proposed lease with Loras Col- lege for portable floor in Five Flags Cen- ter, presented and read. Council Member Wertzberger moved that the communi~ cation be received and filed. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 380-78 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph Her- ald, a newspaper of general circulation published in the City of Dubuque, Iowa on 13th day of November, 1978, the City Council of the City of Dubuque, Iowa met on the 20th day of November ,1978, at 7:30 o'clock p.m. in the City Council Cham- bers, City Hall, Dubuque, Iowa to consid- er the proposal to enter into a written agreement with Loras College relating to the Dubuque Five Flags Center; and WHEREAS, the City Council of the Ci- ty of Dubuque, Iowa reviewed the terms and conditions of said proposed agree- ment to be entered into by and between the City of Dubuque, Iowa and Loras Col- lege relating to the contribution by Loras College in kind in the approximate amount of forty thousand dollars ($40,000.00) consisting of certain equip- ment for said Center and approved the same; and WHEREAS, the City Council of the Ci- ty of Dubuque, Iowa overruled any and all objections, oral or written, to the propos- al to enter into said agreement with Loras College; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the agreement dated the 20th day of November, 1978 by and between City of Dubuque, Iowa by and through the Dubuque Five Flags Center Commission and Building Committee and Loras College be and the same is hereby approved. Section 2. That the Mayor and the Ci- 505 presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - 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: Y cas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent * Council Member Brady. ORDINANCE NO. 66.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. PEALING SECTION 13.16 OF DIVISION 2 OF ARTICLE II THEREOF AND EN. ACTING A NEW SECTION 13.16 OF DIVISION 2 OF ARTICLE II THEREOF TO PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE OF 1978. 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 repealing Section 19-16 of Division:2 of Article II thereof and ad- ding a new Section 13-1601 Division:2 of Article II in lieu thereof to read as fol- lows: "Section 13-16. Adoption of elec. trlcal code. The National Electrical Code of 1978, as promulgated by the American Na- tional Standards Institute, is hereby adopted infull except/or such portions as hereinafter may be deleted, modi- fied or amended. From the effective date of this article, all electrical work as set out in Section 13-12 shall be per- formed in accordance with its provi* sions as modified herein. A copy of the National Electrical Code, as adopted, and a certified copy of Ordinance No. 5-77 are onfile in the office of the city clerk for public inspection. fOrd. No. 5-77, S-3, 2-7-771" Section 2. That all ordinances or parts of ordinances in conflict with this ordi- nance are hereby repealed. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger Special Session, November 20, 1978 Iowa, through its Board of Dock Commis- sioners, and Conticarriers and Terminals, Inc. have entered into a Lease Agree- ment dated March 29, 1978, covering a tract of real estate owned by the City of Dubuque, Iowa; and WHEREAS, the City Council of the Ci- ty of Dubuque, Iowa has examined said lease and agreement and approved the same; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That. the Lease and Agree- ment by and between the City of Dubu- que, Iowa, by and through its Board of Dock Commissioenrs, and Conticarriers and Terminals, Inc. dated March 29, 1978, be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the said lease and agree- ment as is by law required. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Adhoc Electrical Building Code Committee requesting amendment of Electrical Ordinance 5-77 Sec. 3 deleting the National Electrical Code of 1975 and inserting National Elec- trical Code of 1978, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. ORDINANCE NO. 66.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. PEALING SECTION 13.16 OF DIVISION 2 OF ARTICLE II THEREOF AND ENAC. TING A NEW SECTION 13.16 OF DIVI. SION 2 OF ARTICLE II THEREOF TO PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE OF 1978, Special Session, November 20, 1978 Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 384.78 Resolution Approving Plat of Lots 1 Through 21, Block E, Lots 1 Through 14, Block D, and Vacated Market Street Ly- ing Between Blocks D and E, All In Booth's Addition in the City of Dubu. que, Iowa. WHEREAS, there has been filed with the City Clerk a Plat in which Lots 1 through 21, Block E, Lots 1 through 14, Block D, and vacated Market Street lying between Blocks D and E, all in Booth's Addition in the City of Dubuque, Iowa is platted as Lot 1, Lot 2, Lot 3 and Lot 4 of the Subdivision of Lots 1 through 21 in Block E, Lots 1 through 14, Block D, and vacated Market Street lying between Blocks D and E, all in Booth's Addition 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 the same conforms to statutes and ordinances relating thereto; and WHEREAS, said Plat has been exam- ined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Plat of Lots 1 through 21, Block E, Lots 1 through 14, Block D and vacated Market Street lying between Blocks Dand E all in Booth's Ad- dition, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa upon said Plat. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 385.78 WHEREAS, the City of Dubuque, 504 way; Will add additional acres; Asking Council to reconsider the property, even change of policy; Impossible to make C-3 use of property; Have no great desire for money damages against City. Council Member Wertzberger moved that the communication be received and filed and request granted upon dismissal without prejudice of the law suit and that the communication be referred to the Planning & Zoning Commission for con- sideration. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. RESOLUTION NO. 383.78 WHEREAS, tbe City of Dubuque, Iowa is the owner of the SW 1/2 of Lot 52 in Cooks Addition, in the City of Dubuque, Iowa and the NE 1/2 of Lot 53 in Cooks Ad- dition, in the City of Dubuque, Iowa; and WHEREAS, tbe City of Dubuque, Iowa has determined that it would serve the best public interest to dispose of said real estate as same no longer serves any public purpose; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the disposal of the hereinabove described real estate be and the same is hereby approved and that the sale thereof be conducted by sealed bids which shall be received up to 4:30 o'clock p.m. on December 4,1978; that bids of on- ly $4,000.00 and over will be accepted and that said bids shall be accompanied by a certified check drawn upon a local bank for a bid deposit based upon ten percent (100/0) of the bid price. Section 2. That abstract of title will be delivered to the buyer upon acceptance of his or her bid, and conveyance shall be made by Quit Claim Deed; and that the Ci- ty of Dubuque will reserve any and all easement rights in and to said property for utilities with the right of entry to ser- vice and maintain the same. Section 3. That the City Clerk be and he is hereby directed to cause notice ofin* tent to dispose of real estate as is by law required. Passed, adopted, and approved this 20th day of November,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by ~-~~~~,~ ~o'lrl 506 Special Session, November 20, 1978 507 and Building Committee of 11-6-78, Tran- sit Trustee Board of 10-12-78, Playground & Recreation Commission of 10-30-78, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, W ertzberger. Nays - None. Absent - Council Member Brady. Notices of Claims - Mary E. Dardis, in the amt. of $123.60, for car damage in- curred as result of a city employee open- ing a water hydrant in 1300 block of Dodge Street on 11-2-78; James A. Dyer, in an undetermined amount, for car damage incurred as the result of driving into an open section of pavement north of 1620 J.F.K. Road on 10-9-78, presented and read. Council Member Wertzberger moved that the notices of claims be refer- red to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Petition of Peoples Natural Gas re. questing permission to excavate in Ed* ison St., presented and read. Council Member Wertzberger moved that the re- quest be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Petition of Sunnycrest Manor Nursing Home requesting a refund of $50. on the unexpired portion of Cigarette License No. 1577, presented and read. Council Member Wertzberger moved that the re- fund be approved and City Auditor direc- ted to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of City Attorney re- commending settlement of car damage claim of Berta Vesperman, in the amount of $110., presented and read. Council Member Wertzberger moved that the re- commendation of settlement be approved and City Audtior directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Counci Member Brady. Session, November 20, 1978 ing request for BOD sampling location change at the Wastewater Treatment Plant, presented and read. Council Mem- ber Wertzberger moved that the commu- nication be received and filed and refer- red to Public Works Director. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of DEQ submitting public notification requirements for wa- ter supplies, presented and read. Council Member Wertzberger moved that the communication be referred to the Water Supt. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Peoples Natural Gas advising of an increase of 2.144 cents per hundred cubic ft. affecting in-town residential and commercial firm cus- tomers and 2.063 cents per hundred cubic ft. to all rural small volume firm customers, effective November 20. 1978. presented and read. Council Member Wertzberger moved that the communica- tion be received and filed. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Farrell, King, W ertzberger. Nays - None. Absent - Council Member Brady. Communication of DOT advising of Bridge Floor Repair on U.S. #52 lying within the City and over Grandview Ave. for letting January 4,1979, presented and read. Council Member Wertzberger mov- ed that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of DOT Public Transit Division advising that Barton Aschman has completed first phase of Ground Transportation Center Feasibility Study, the City not included at the present time, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed and referred to Council. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Minutes Submitted - DMATSoftheir meeting of 11-16-78, Five Flags Center Special RESOLUTION NO. 387.78 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 City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Steven T. Schnee, 1902 Central Ave. Town Clock Inn, Incorporated, Nesler Centre, 8th & Main St. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Dubuque Girls Club Inc., as an information activity in conduc- ting first annual gourmet popcorn sale, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed and referred to Council. Seconded by Council Member King. Carried by the following vote: Yeas. Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Sam Pusateri Fami- ly Trust advising of receipt of preliminary notice of intent to include W. 8th St. from Bluff to Hill in the 1979 Street Paving Program and request deletion of same, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Communication of Iowa D.E.Q. deny- lJ. Afichael}(ing Carolyn Farrell Council Afembers Telegraph day of No. Member Brady. It 11/24 Council Afember Wertzberger moved final adoption of the Ordinance. Second- ed by Council Afember FarrelL Carried by the following vote: Yeas - Afayor Tully, Council Members Farren }(ing, Wertzberger. Nays. None. Absent - Council Afember Brady. RESOLUTION NO. 386.78 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; 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 tbe City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per* mit. CLASS "C" BEER PERMIT Eagle Discount Supermarket #109 (Also Sunday Sales) 200 S. Locust St. Thompson's Food Markets, Inc. (Also Sunday Sales) 1256 Iowa St. Hartig Drug Company (Also Sunday Sales) 2255 J. F. Kennedy Road Hartig Drug Company (Also Sunday Sales) 700 Main, Town Clock Plaza Hartig Drug Company (Also Sunday Sales) 97 Locust Street Hartig Drug Company (Also Sunday Sales) 2225 Central Ave. Passed, adopted, and approved this 20th day of November, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas. Mayor Tully I Council Farrell, King, Wertzberger. Nays - None. Absent - Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Herald Newspaper this 24th vember, 1978. Leo F. Frommelt City Clerk 509 tal Illinois National Bank and Trust Com- pany of Chicago*Chicago et al at 5.30879% net interest rate. Council Member Wertzberger moved to accept the bid of The Northern Trust Company. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays * None. RESOLUTION NO. 388-78 Resolution Providing for the Sale and Award of $3,180,000 General Obligation Library Bonds and Approving and Auth. orizlng the Agreement of Such Sale and Award. WHEREAS notice 01 sale 01 $3,180,000 General Obligation Library Bonds of the City of Dubuque. in Dubuque County I Io- wa, has heretofore been given in strict compliance with the provisions of Chap- ter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a newspaper published in Dubu- que County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as fol- lows: the bid submitted by none con* sisting of par and accrued interest plus a premium of $none, with the bonds to bear interest at the following rate per annum: and thereafter such sealed bids were op- ened, the substance of the best sealed bid being as follows: the bid submitted by The Northern Trust Company, consisting of par and accrued interest plus a prem- ium of $350.00, with the bonds to bear in- terest at the following rates per annum: Year of Interest Year 01 Interest Maturity Rate Maturity Rate 1981 6.00% 1987 5.20% 1982 6.00% 1988 6.20oh 1983 6.00% 1989 5.ZOo^, 1984 6.00oh 1990 5.20% 1985 5.201lA. 1991 5,20% 1986 5.20% 1992 5.25% 1993 5.25% NOW, THEREFORE, Be 1t Resolved by the City Council of the City of Dubu- que, Iowa, as follows: Section 1. That upon being duly ad- vised in the premises it is hereby deter- mined that the bid of The Northern Trust Company for the purchase of $3,180,000 General Obligation Library Bonds of said City, dated December 1, 1978, as adver- tised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said The Northern Trust Company. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to accept and execute the Special Session, December 4. 1978 CITY COUNCIL Special Session. December 4, 1978. Council met at 1:00 P.M. (C.S.T.) Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called to consider award of sale of $3,180,000.00 general obligation library bonds and acting upon such other business as may properly come before the Meeting. Proof of Publication, certified to by the Publisher, of Official Notice of Sale of City of Dubuque for $3,180,000.00 General Ob- ligation Library Bonds, presented and read. Council Member Wertzberger moved that the proof of publication be re- ceived and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Legal Notice of Amendment to Notice of Sale of $3,180,000.00 General Obligation Library Bonds to- be dated December 1, rather than January 1, pre- sented and read. Council Member Wertz, berger moved that the proof of publica- tion be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Call was issued for oral bids. There be- ing none, Council Member Wertzberger moved that oral bidding be closed. Se- conded by Council Member-Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, "King, Wertzberger. Nays - None. Council Member Wertzberger called for the opening of sealed bids. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays * None. The following sealed bids were re* ceived and read. The Northern Trust Company-Chicago et al at 5.24543% net interest rate; Carleton D. Beh Co.-Des Moines at 5.2546% net interest rate; Har- ris Trust and Savings Bank-Chicago et al at 5.2651 % net interest rate; United Cali- fornia Bank-Los Angeles et al at 5.267040/0 -net interest rate; First National Bank of Chicago-Chicago et al at 5.29907% net in- terest rate; Morgan Guaranty Trust Company of New York-NY et al at 5.30550/0 net interest rate; and Continen- Special Session, November 20, 1978 Joleen A. Bechen Notary Public Council Member Wertzberger moved that the communication be received and be made a matter of record. Seconded by Council Member Farrell. Carried by the following vote: Yeas. Mayor Tully, Council Members Farrell, King, W ertzberger. Nays - None. Absent - Council Member Brady. There being no further business, Coun- cil Member Wertzberger moved to ad- journ. Seconded by Council Member Far- rell. Carried by the following vote: Yeas. Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Coun Adopted. ATTEST: City Clerk 1979 1979 - Members ~il Member Brady. Leo F. Frommelt City Clerk Counci Approved. 508 Communication of City Manager sub- mitting audit reports of Transit System, Sewage Disposal Works, Parking Facil- ities, Water Dept. from July 1, 1977 thru June 30,1978, presented and read. Coun- cil Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, W ertzberger. Nays - None. Absent - Council Ml'lmhp.r Brady. November 14, 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 a promotional examination for Ambulance Driver Attendant on November 2, 1978. The following member of the Fire De- partment passed the written examination with an average of 70% or better. Felderman, Larry E. 72% Richard E. Zimmer Chairman John E. Hess Commissioner ATTEST: Leo Frommelt Clerk Subscribed and sworn to before me this 14th day of November 1978. Joleen A. Bechen Notary Public Council Member Wertzberger moved that the communication be received and be made a matter of record. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. November 14, 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 an examination of Plumbing Inspector !, on November 2, 1978. The following named applicant passed the written examination with an average of 70% or better and is hereby certified for appointment. Bracket, Albert A. 81.8% Richard E. Zimmer Chairman John E. Hess Commissioner ATTEST: Leo Frommelt Clerk Subscribed and sworn to before me this 14th day of November 1978.