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1978 December Council Proceedings 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- orizing the Agreement of Such Sale and Award. WHEREAS notice of sale of $3,180.000 General Obligation Library Bonds of the City of Dubuque, in Dubuque County, 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 of Interest Maturity Rate Malurlty Rate 1981 6.00% 1987 5.20% 1982 6.00% 1988 5.200.9 1983 6.00% 1989 5.20% 1984 6.00% 1990 5.20% 1985 5.20% 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 509 Special Session, December 4, 1978 CITY COUNCIL Special Session, December 4, 1978. Conneil met at 1:00 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 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, Wertzberger. 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 5.26510J0 net interest rate; United Cali- fornia Bank-Los Angeles et al at 5.26704% -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 5.3055% 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 - Council Member Brady. Leo F. Frommelt City Clerk Adopted ATTEST: City Clerk 1979 1979 Members Counci Approved. 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, Wertzberger. Nays - None. Absent - Council Mp.mhfw 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 I, 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,AlbertA. 81.8% Richard E. Zimmer Chairman John E. Hess Commissioner 508 ATTEST: Leo Frommelt Clerk Subscribed and sworn to before me this 14th day of November 1978. 511 by Board Member Farrell. Carried by the following vote: Y cas _ Chairman Tully, Board Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. There being no further business, Board Member Wertzberger moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Chairman Tully, Board Mem~ bers Brady, Farrell, King, Wertzberger. Nays - none. Leo F. Frommelt City Clerk Approved. . . . . . . . . . . . . . . . . . . . . . . 1979 Adopted..... ................. ..1979 Board of Health ATTEST: City Clerk Health, December 4, 1978 BOARD OF HEALTH OFFICIAL Board of Health, December 4, 1978. Board met at 7:00 P.M. (C.S.T.l Present - Chairman Thomas A. Tully, Jr., Board Members James E. Brady, ea" rolyn Farrell, D. Michael King, Richard W ertzbcrger. Chairman Tully read the call and sta- ted this meeting is called for the purpose of responding to the appeal of Delta In- vestments Co. et al in response to action taken by the building commissioner as to the property located at West 17th Street and acting upon such other business as may come before the Board. Proofs of Notices of Hearing as to con- dition of property on W . 17th Street as re- ceived by registered mail of Delta Invest- ment Co. et aI, presented and read. Board Member W crtzbergcr moved that the proofs of notices be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully I Council Members Brady, Farrell, King, Wertzberger. Nays - None. Board Member Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Board Member King. Car- ried by the following vote: Yeas _ Chairman Tully, Board Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Building Commissioner Feyen ad- dressed the Council and presented list of Code Violations which have occurred at the property located at 252, 254, 264, 266, 276 and 278 West 17th St. and recommen- ding building be vacated and not re- rented until brought up to standard. Jeff Hawks, co-partner of Delta Invest- ments Inc. Co. spoke to the Council ad- vising he agrees with Code violations ci. ted against them; Deficiencies should be corrected by the owner; Delta Invest- ments purchased the property May 1, 1978; Of the opinion they are being penal- ized by the system. Attorney Randy Nigg requested each building be separately treated (6 separate units); Requesting to forestall any action for at least another year in order to ac- quire funds for repairs; Being perfect building for rehabilitation; Mr. Hawks would agree to fix roof etc. ifhe could rent the units. Board Member Wertzberger moved to grant a 60 day extension and report back to Board of Health in 60 days and further that premises be vacated unless items on Page 16 from 1 to 4 of Building Depf.rt- ment report be complied with. Seconded Board of Special Session, December 4, 1978 1979 1979 ATTEST: Leo F. Frommelt City Clerk Recorded December 4,1978 Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the certified checks be returned to unsuccessful bidders. Seconded by Coun- cil Member Brady. Carried by the follow- ing 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 to December 4, 1978 at 7:30 p.m. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved December 4, 1978. Members Thomas A. Tully Jr. Mayor Council City Clerk Approved. Adopted. ATTEST: 510 513 proved and recorded, and pursuant to an election duly called, noticed and held for that purpose. It Is Hereby Certified and Recited that aU acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the is- sue of this bond, were and have been pro- perly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual taxon all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively be- come due; that the faith, credit, revenues and resources and all the real and per- sonal property of said City are irrevocab- ly pledged for the prompt payment here- of, both principal and interest; and that the total indebtedness of said City, in- cluding this bond, does not exceed any constitutional or statutory limitations. This bond is subject to registration as to principal in the name of the holder on the books of the City Treasurer of said Ci- ty, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no' transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shan have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue ne. gotiable by delivery merely. 1N TESTIMONY WHEREOF, said Ci- ty, by its City Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the fac- simile signature of said City Clerk, which official by the execution of this bond does adopt as and for his proper signature his facsimile signature appearing on said cou- pons, all the first day of December, 1978. Thomas A. Tully Jr. Mayor of the City of Dubuque, Iowa ATTEST: City Clerk of the City of Dubuque, Iowa (Form of Coupon) No._ $ On . 19_. the City of Dubuque, in Dubuque County, Iowa,. will pay to bearer the amount shown hereon at the office of the City Treasurer, Du- buque, Iowa, for interest due that date on the General Obligation Library Bond of said City, dated December 1, 1978. No. -' City Clerk Regular Session,December 4,1978 subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registration payment of the principal thereof shall be made only to the registered holder. Any bond so regis- tered, upon the request in writing of such holder personally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bond so transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Regis- tration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by delivery merely. Section 3. That said bonds, coupons and provisions for registration be in sub- tantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE GENERAL OBLIGATION LIBRARY BOND No._ $5000 KNOW ALL MEN BY THESE PRES- ENTS: That the City of Dubuque, in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer, or if this bond be registered as to prin- cipal, to the registered holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of June, 19_, with in- terest on said sum from the date hereof at the rate of per cent L- 0/0) per annum, payable June 1, 1979, and se- miannually thereafter on the first days of December and June in each year until said principal sum is paid, all such interest as may accrue on and prior to the maturi- ty of this bond to be paid on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque to- pay the cost of reconstructing the existing Carnegie Stout Public Library Building and constructing and equipping an addi- tion thereto and acquiring real estate therefor in said City, pursuant to and in strict compliance with the provisions of Sections 384.23, et seq. and Chapter 76 of the Code of Iowa, 1977, and all laws amen- datory thereof and supplementary there- to, in conformity with a resolution of the City Council of said City duly passed, ap- Regular Session, December 4, 1978 Bond Rate of Numbers Interest 1981 $ 50,000 1.10 6.000,0 1982 50,000 11.20 6.00% 1983 80,000 21-36 6.000.9 1984 100,000 37-56 6.000/0 1985 250,000 57.106 5.200/0 1986 250,000 107-156 5.20% 1987 300,000 157.216 5.20% 1988 300,000 217-276 5.20% 1989 300,000 277-336 5.20% 1990 350,000 337-406 5.20% 1991 350,000 407-476 5.20% 1992 400,000 477.556 5.25% 1993 400,000 5fi7-336 5.25% Section 2. That each of said bonds be provide for the issuance of all of said bonds and to provide for the payment of the principal and interest as the same will become due; NOW. THEREFORE. Be 1t Resolved by the City Council of the City of Dubu- que, Iowa, as follows: Section 1. That pursuant to authority granted at the special election held in the City of Dubuque, Iowa, on September 12, 1978, as referred to in the preamble here. of, and as authorized by Sections 384.23, et seq. of the Code of Iowa, 1977, as amended, there shall be and there is here- by ordered issued the negotiable General Obligation Library Bonds of said City of Dubuque in the principal amount of Three Million One Hundred Eighty Thousand Dollars ($3,180,000), said bonds to be six hundred thirty-six (636) in number, be numbered consecutively from 1 to 636, both numbers included, of the denomina- tion of $5000 each, and to be dated December 1,1978. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter specified, such interest being payable June 1, 1979, and semiannually thereafter on the first days of December and June in each year until the principal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a cer- tificate of such registration endorsed thereof. Interest on said bonds shall be evidenced by coupons thereto attached and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signature of the City Clerk and said City Clerk, by the execution of said bonds, shall adopt as and for his proper signature his facsimile signature appearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and payable in their numerical order on June 1 of each of the respective years and shall bear interest at the respective rates per annum, as follows: Yeal Amount 512 CITY COUNCIL OFFICIAL Regular Session, December 4, 1978. Council met at 7:30 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 the regular monthly meeting of the Council called for the pur- pose of acting upon such business as may properly come before the Council. A Proclamation proclaiming week of December 4, 1978 as "Project Concern Week" was read and so proclaimed by Mayor Tully. RESOLUTION NO. 389.78 A Resolution Providing for the Issu. ance of $3,180,000 General Obligation Library Bonds and Providing for the Levy of Taxes 10 Pay lha Same. WHEREAS pursuant to Chapters 47, 49,376 and 384 of the Code ofIowa, 1977. as amended, this City Council did, by res- olution duly adopted on July 3, 1978, order that at a special municipal election to be held in the City of Dubuque, Iowa, on September 12, 1978, there be submitted to the voters of said City the proposition of issuing bonds of said City in an amount not exceeding $3,180,000 for the purpose 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 the County Commissioner of Elections issued an Election Order on July 24,1978, concurring in the action tak- en by the City Council and ordering said election to be held on September 12,1978; and WHEREAS notice of said election and of the submission of said proposition thereat was duly given in manner and form required by law and said election on said bond proposition was legally held and conducted on September 12, 1978, and at said election 6,884 ballots were cast on said proposition, of which 3,915 votes were cast "Yes" on said proposition and 2,221 votes were cast "No" on said pro- position and 748 ballots were cast blank or were defectively marked, and it has heretofore been and is hereby found and declared that the vote cast in favor of said proposition was equal to at least sixty per cent (60%) of the total votes cast for and against said proposition at said election and said proposition has heretofore been and is hereby declared to have been duly carried and adopted; and WHEREAS none of the bonds approv- ed at said election has been issued and it is necessary and advisable at this time to Regular Session, December 4,-1978 and 1591-93 Dodge St. from R-2 Residen- tial District to OR-l"a" Office Residential District Classification, presented and read. Council Member W ertzberger 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, W ertzberger. Nays. None. AN ORDlN ANCE of the City ofDnhu- 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 aud 1591-1593 Dodge Street from R-2 Res- idential District Classification to OR-l"a" Office-Residential District Classification, said Ordinance having been previously presented and read at the Council Meet. ing of November 6, 1978, presented for final adoption. Council Member Wertz. berger moved final adoption of the Or- dinance. Seconded by Council Member Farrell. Vote on the motion was as follows: Yeas _ Council Members Farrell, Wertz- berger, Nays - Mayor Tully, Council Members Brady, King. Motion failed. Proof of publication, certified to by the publisher, amending Zoning Ordinance to establish a Planned Unit Development Designation on property lying in a C-6 Planned Commercial District at Plaza 20 Shopping Center, 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 Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 67-16 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 LYING IN A C-6 PLANNED COMMERCIAL DIS. TRICT AT PLAZA 20 SHOPPING CEN- TER, said Ordinance having been previouslY presented and read at the Council Meet- cal year ending June 30, 1990, a tax suffi- cient to produce the sum of $428,400 for principal and interest; In the year 1990 for collection in the fis- cal year ending June 30,1991, a tax suffi- cient to produce the sum of $410,200 for principal and interest; In the year 1991 for collection in the fis- cal year ending June 30,1992, a tax suffi- cient to produce the sum of $442,000 for principal and interest; In the year 1992 for collection in the fis- cal year ending June 30, 1993, a tax suffi- cient to produce the sum of $421,000 for principal and interest. A certified copy of this resolution shall be filed with the County Auditor of Dubu- que County and said Auditor shall be and he is hereby instructed in and for each of the years 1979 to 1992, inclusive, to enter for collection and assess the tax hereby authorized. When annually entering said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the pro. ceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of principal and interest of the bonds hereby authorized and for no other purposes whatsoever. That the principal or interest coming due at any time when there are insuffi- cient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein pro- vided shall have been collected. Section 7. That this resolution be- come effective immediately upon its pas- sage and approval and that all resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved December 4, 1978. Thomas A. Tully, Jr. Mayor ATTEST: Leo F. Frommelt City Clerk Recorded December 4, 1978. Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Proof of publication, certified to by the publisher, amending the Zoning Ordi- nance by reclassifying property at 1563 515 Regular Session, December 4, 1978 petence in such matters, result in making the interest on said bonds subject to fed- eral income taxation. The Mayor or the City Clerk be and is hereby authorized and directed to execute and deliver, for and on behalf of said City of Dubuque, in connection with the delivery of said bonds to the purchaser thereof, such certificate or certificates as shall be appropriate to demonstrate that said bonds are not arbi- trage bonds. Section 6. That as required by Chap- ter 76 of the Code of Iowa and for the pur- pose of providing for the levy and coHec- . tion of a direct annual tax sufficient to pay Treasurer of the City of the interest on said bonds as it falls due, Dubuque, Iowa and also to pay and discharge the prin- Section 4. That said bonds be exe- cipal thereof at maturity, there be and cuted as herein provided as soon after the there is hereby ordered levied on all the adoption of this resolution as may be and taxable property within said City a direct thereupon they shall be delivered to the annual tax for each of the years while said Treasurer of said City, who shall register bonds or any of them are outstanding, in the fact of the issuance of same in a book amounts for that purpose, and that there provided for that purpose and shall deliv. be and there is hereby levied upon all the er. said bon~s to the ,Purchaser, ~s deter- taxable property in said City the follow- mmed by thiS Council, upon receipt of,the ing direct annual tax, to-wit: purchase price, the same to be not less In the year 1979 for a collection in the than the par value of said bonds with ac" fiscal year ending June 30,1980, a tax suf- crued interest thereon, all action hereto- ficient to produce the sum of $252,000 for fore taken in connection with the sale and interest; award of said bonds being hereby ratified In the year 1980 for collection in the fis- and confirmed in all respects. cal year ending June 30,1981, a tax suffi- Section 5. T~at the principal proceeds cient to produce the sum of $218,000 for of the sale of said bonds shall be devoted principal and interest; to and used with due diligence for the In the year 1981 for collection in the fis- completion of the facilities for which said cal year ending June 30,1982, a tax suffic- bonds are hereby authorized to be issued. ient to produce the sum of $215,000 for Said City of Dubuque certifies and cov. principal and interest; enants with the purchasers and holders of In the year 1982 for collection in the fis- said bonds from time to time outstanding cal year ending June 30, 1983, a tax suW- that, so long as any of said bonds remain cient to produce the sum of $242,000 for outstanding, moneys on deposit in any principal and interest; fund or account in connection with said In the year 1983 for collection in the fis- bonds, whether or not such moneys were cal year ending June 30, 1984, a tax suffi- derived from the proceeds of the sale of cient to produce the sum of $257,200 for said bonds or from any other sources, will principal and interest; not be used in a manner which will cause In the year 1984 for collection in the fis- such bonds to be "arbitrage bonds" within cal year ending June 30, 1985, a tax suffi- the meaning of Section 103(c) of the Inter- cient to produce the sum of $401,200 for nal Revenue Code of 1954, as amended, principal and interest; and any lawful regulations promulgated In the year 1985 for collection in the fis- or proposed thereunder, including Sec- cal year ending June 30,1986, a tax suffi- tion 1.103.13,1.103-14, and 1.103-15 of the cient to produce the sum of $388,200 for Income Tax Regulations, as the Same pre- principal and interest; sently exist, or may from time to time In the year 1986 for collection in the fis- hereafter be amended, supplemented or cal year ending June 30,1987, a tax suffi- revised. The City reserves the right, cient to produce the sum of $425,200 for however, to make any investment of such principal and interest; moneys permitted by state law if, when In the year 1987 for collection on the fis- and to the extent that said Section 103(c) cal year ending June 30,1988, a tax suffi- or regulations promulgated thereunder cient to produce the sum of $409,600 for shall be repealed or relaxed or shall be principal and interest; held void by final decision of a court of In the year 1988 for collection in the fis- competent jurisdiction, but only if any in- cal year ending June 30,1989, a tax suffi- vestment made by virtue of such repeal, cient to produce the sum of $394,000 for relaxation or decision would not, in the principal and interest; opinion of counsel of recognized c~m- In the year 1989 for collection in the fis- Ownership) Slgnat~re 01 City Treasure' for Registration of Name of Registered OWner On the back of each bond there shall be endorsed a certificate of the City Trea- surer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly record- ed in my office as of the first day of December, 1978. ~~_",===-,,---=_,,---,-,.C.,.=.,- (Form Date of Registration 514 517 November 16, 1978 Honorable Mayor and City Council RE: Mr. Dale Stierman, Rezoning Re- quest _ AG to R-2, 1366 Southern Ave- nue The City of Dubuque Planning and Zon- ing Commission has reviewed an applica- tion submitted by Mr. Dale StierIDan for reclassification of his recently annexed property from AG Agricultural District to R-2 Residential District classification. The StierIDan property is located at 1366 Southern Avenue, in the City of Dubu- que, Iowa. In reviewing this petition the Commis- sion has found that the R-2 Residential District classification is consistent with 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. AN ORDINANCE of the City ofDnhu- 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", which amendment shall establish a Planned Unit Development Designation on property lying in a C-6 Planned Com- mercial District at the southwest in- tersection of U.S. Highway 20 and Mercer Drive, 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, Farren, King, W ertzberger. Nays * None. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on January 15, 1979 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. ReJ!;ular Session, December 4. 1978 The Commission has determined that the C-6 Planned Commercial District is appropriate for the site. They also find that the preliminary development plan is in conformnce with the standards and regulations of the Planned Unit Develop- ment District and the C-6 Planned Com- mercial District. Accordingly, the Planning and Zoning Commission has voted to approve the re- classification request and the preliminary development plan subject to the following conditions: 1) that final improvement plans be approved by the Pubic Works and Engineering Departments; 2) that the developers submit a detailed con- struction schedule; and 3) that the de- velopers agree to provide at their own ex- pense the roadway improvements recom- mended in their traffic consultant's study. The Commission recommends your concurrence in their decision. C1TY PLANNING AND ZON1NG 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 ORDINANCE of the City of Duhu- 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 territory, recent. ly annexed upon voluntary petition to the City of Dubuque, Iowa, in "Hawkeye Stock Farm", from Ag Agricultural District Classification to C-6 Planned Commercial District Classification, 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 - Nolie. 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 January 15, 1979 at 7:30 o'clock P.M. in the Council Chamber at Regular Session, December 4L 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 8th day of De- cember, 1978. Leo F. Fromme, City Clerk November 20, 1978 Honorable Mayor and City Council RE: Romac, Inc. and Chiado Corporation Rezoning Request - AG to C-6, Pre- liminary Development Plan and Planned Unit Development Review, Dodge Street at Mercer Drive The City of Dubuque Planning and Zon- ing Commission has held public hearings on two applications submitted by Romac, Inc. and Chiado Corporation requesting reclassification of recently annexed pro- perty from AG Agricultural District to C-6 Planned Commercial District, and seeking approval of a preliminary devel- opment plan and Planned Unit Develop- ment designation. The subject parcel con- sists of 16.6 acres located at the southwest corner of the intersection of Dodge Street and Mercer Drive. The peti- tioners propose to develop a planned shopping center on the site if their ap- plication is approved. At the public hearing the Commission was presented a preliminary develop* ment plan and traffic study. The plan pro- vides for a 167,150 square foot multiple- tenant shopping center including an 80.000 square foot department store,a food store, a number of small shops and 1006 parking spaces and having access to Dodge Street and Mercer Drive. The traf- fic study anal'yzed the impact of the pro- posed center and concluded that the de- velopment will not overburden existing public streets provided that certain im- provements are made to the adjoining street system. These improvements in- clude signalization at Dodge Street and Century Drive, an eastbound right-hand deceleration lane on Dodge Street at Cen- tury Drive. and extension of the west- bound left-turn lane on Dodge Street at Mercer Drive. 1t 1218 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, Farrel~ King, Wertzberger. Nays ~ None. 516 ing of" November 6, 1978, presented for final adoption. ORDINANCE NO. 67.78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA. BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE IOWA", WHICH AMENDMENT SHALL ESTABLISH A PLANNED UNIT DEVELOPMENT DES- IGNATION ON PROPERTY HEREIN- AFTER DESCRIBED LYING IN A C.6 PLANNED COMMERCIAL DISTRICT AT PLAZA 20 SHOPPING CENTER NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa. be amended by revising Appendix A, there- of, also knoum as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by establsihing a "Planned Unit Development" designation on property in a )"C*6 Planned Commercial District" classification which real estate is describ* ed. to wit: Part of Plaza 20 #3; Part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm; and Lot 2 of Block 1 of Plaza 20. all in the City of Dubuque, 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 setforth in Section 1 of this Ordinance shall be subject to the re. quirements of Section 4.110.11.3 of Or- dinance No. 92-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, whereby final adoption pf the ''Planned Unit Development" des- ignation is contingent upon submission of a Final Development Plan by the devel- oper within six (6) months of the effective date of this Ordinance, and further, that failure by the developer to comply with the requirements as setforth herein, shall automatically revert the property to its former "C-6 Planned Commercial Dis* trict" 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, adopted and approved this 4-th day of December, 1978. Regular Session, December 4, 1978 November 16, 1978 Honorable Mayor and City Council RE: Mr. Lawrence Odegard, Rezoning Request - ID to R-3, 1957-1959Universi- ty A venue The City of Dubuque Planning and Zon- ing Commission has reviewed the peti- tion of Mr. Lawrence Odegard seeking R-3 Residential District classification on property owned by the University of Du- buque and lying within its ID Institu- tional District boundaries. Mr. Odegard is the intended purchaser of the property which is located at 1957-1959 University A venue in the City of Dubuque, Iowa. In reviewing the petition, the Planning and Zoning Commission has found that Section 4-118.7 of Article IV of the Zoning Ordinance prohibits any uses in the ID District which are not related to the insti- tution and requires that the purchaser seek appropriate reclassification of the property prior to commencement of any use on the premises. The Commission also determined that inclusion of the subject property in the R-3 Residential District would be consistent with area land-use and with the two-family structure on the petitioner's property. The Commission also determined that the petition meets the criteria of a minor reclassification as setforth in Article VIII, Section 8-103.3 of the Zoning Ordinance, and has voted to approve the request for R-3 District classification on the property without holding a public hearing as auth- orized in Article VIII, Section 8-103.2 of the Zoning Ordinance. The Planning and Zoning Commission recommends your favorable considera. tion of the above described zoning peti- 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 Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying property at 1957-1959 University Avenue from ID In- stitutional District Classification to R-3 Residential District Classification, pre- sented and read. Council Member Wertz- berger moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member 518 the general land-use in the area as well as with the single-family residential struc- ture on the petitioner's property. The Commission also determined that the petition meets the criteria of a minor reclassification as set forth in Article VIII, Section 8-103.3 of the Zoning Or- dinance, and has voted to approve the re. quest for R-2 District classification on the property without holding a public hear- ing, as authorized in Section 8-103.2 of Ar- ticle VIII of the Zoning Ordinance. Accordingly, the Planning and Zoning Commission recommends your favorable consideration of the above described re- zoning petition. 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 ORDINANCE of the City ofDnbu- 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 recently annexed territory at 1366 Southern A venue from AG Agricultural District to R-2 Residen- tial District Classification, presented and read. Council Member Wertzberger mov- ed that the reading just had be considered the first reading of the Ordinance. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members 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 January 15, 1979 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. 521 be known as Block 3 and Block 4 in "Knob Hill Grove" in the City of Dubuque, Iowa, by John Duggan, trustee under the "Re- gina Duggan Trust"; and WHEREAS, upon said plat appear streets to be known as Duggan Drive to. gether with certain public utility ease- ments which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval endors- ed thereon; 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 street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE. BE 1T RE- SOLVED BY THE C1TY COUNCIL OF THE C1TY OF DUBUQUE. lOW A: Section 1. That the dedications of Dug- gRn Drive, together with the easements for public utilities as the same appear up. on said plat, be and the same are hereby accepted; Section 2. That the plat of Block 3 and Block 4 in "Knob Hill Grove" 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 en- dorse the approval of the City of Du- buque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all street to grade and to construct concrete curb and gutter and to hard surface Duggan Drive with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubu- que standard.specifications; b. To install sanitary sewer mains and sewer service laterals in accord- ance with plans submitted with the plat: c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans submitted with the plat; e. To install concrete sidewalks as re- quired by Ordinances. and where directed by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with plans submitted with the plat; g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the in- spection of the City Engineer, and Regular Session,December 4,1978 November 16, 1978 Honorable Mayor and City Council RE: Mr. John Duggan, Final Plat, "Knob Hill Grove" Subdivision The City of Dubuque Planning and Zon- ing Commission has reviewed a final plat submitted by Mr. John Duggan which subdivides his property on Duggan Drive into Lots 1 through 7 of Block 3 and Lots 1 through 7 of Block 4in "Knob Hill Grove" Subdivision in the City of Dubuque, Iowa. In their review of the plat the Commis- sion has found it to be in compliance with the Zoning Ordinance and Subdivision Regulations of the City of Dubuque, Iowa, and in conformance with the approved preliminary plat of the area. The Planning and Zoning Commission has voted to approve the above described final plat and recommends your concur- rence in that decision. CITY PLANN1NG AND ZONING COMM1SSlON 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. RESOLUTION NO. 390.78 Resolution Approving the Plat o' Block 3 and Block 4 in "Knob Hill Grove" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to 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, W ertzberger. Nays - None. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on January 2, 1979, 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. Reg-ular Session, December 4, 1978 mends your favorable consideration. The current Official Zoning Map estab- CITY PLANNING AND lished a C-1 Commercial District at Feng- ZONING COMMISSION ler-Rhomberg where only residential us" James D. Burke es now exist and an R-3 Residential Dis- Associate City Planner trict at Farley-Rhomberg where a conve- Council Member Wertzberger moved nience food store and two taverns are that the communication be received and located. The Staff request would reverse filed. Seconded by Council Member Far- the districts so that the commercial zone rell. Carried by the following vote: would be placed on existing business uses Yeas - Mayor Tully, Council Members at Farley Street and the residential zone Brady, Farrell, King, Wertzberger. would be placed on residential uses at Nays - None. Fengler Street. AN ORDINANCE of the City of Dubu- At the public hearing, which began at que, Iowa, providing that the Code of Or- the Commission meeting of September dinances City of Dubuque, Iowa, be 20,1978, three property owners objected amended by revising Appendix A there- to any application of the Commercial Dis- of, also known as the "Zoning Ordinance trict in the area, while a fourth citizen, a and Zoning Map of the City of Dubuque, businessman, asked that the corrected Iowa", repealing regulations and provi- commercial zone be expanded to include a sions of Article IV, Section 4-117, C-6 vacant lot he owns next to his business at Planned Commercial District, and enac- Farley Street and Lincoln Avenue. ting new regulations and provisions to In reviewing this matter at the recon- Article IV, Section 4-117, C-6 Planned vened public hearing on November 15, Commercial District, presented and read. 1978, the Planning and Zoning Commis- Council Member Wertzberger moved sion determined that the Official Zoning that the reading just had be considered Map should be revised to locate the R-3 the first reading of the Ordinance. Se- Residential District on residential struc- conded by Council Member Farrell. Car- tures. Further, they concluded that ex- ried by the following vote: tension of the C-1 Commercial District Yeas - Mayor Tully, Council Members beyond existing uses would encourage fu- Brady, Farrell, King, Wertzberger. ture commercial development which is Nays" None. contrary to the intended purpose of the Council Member Wertzberger moved 1975 mapping and the Statement of In. that the rule requiring an ordinance to be tent of the District. received and filed at two meetings prior Accordingly, the Planning and Zoning to the meeting when final action is taken, Commission has voted to approve the be dispensed with. Seconded by Council map revision as submitted by Staff and Member Farrell. Carried by the following shown on the attached maps. They recom- vote: mend your favorable consideration. Yeas - Mayor Tully, Council Members CITY PLANNING AND Brady, Farrell, King, Wertzberger. ZONING COMMISSION Nays - None. James D. Burke Council Member moved that a public Associate City Planner hearing be held on the Ordinance on Janu- Council Member Wertzberger moved ary 2, 1979, at 7:30 o'clock P.M. in the that the communication be received and Council Chamber at the City Hall and filed. Seconded by Council Member Far- that the City Clerk be instructed to pub- renT Carried by the following vote: lishnoticeofthehearinginthemannerre- Yeas - Mayor Tully, Council Members quired by law. Seconded by Council Mem- Brady, Farrell, King, Wertzberger. berFarrell.Carriedbythefollowingvote: Nays - None.- Yeas - Mayor Tully, Council Members AN ORDINANCE ofthe City of Dubu- Brady. Farrell, King, Wertzberger. que, Iowa, providing that the Code of Or- Nays - None. dillances, 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 properties at Farley Street and Rhomberg Avenue from R.3 Residential District Classif- ication to C-l Local Service Commercial District Classification and further, to reclassify properties at Fengler Street and Rhomberg Avenue from C-1 Local Service Commercial District Classifica~ tion to R-3 Residential District Classifica- tion, presented and read. Council Mem- ber Wertzberger moved that the reading __.ft......__ft._. ~-'--.~-_._----"- --.---- 520 November 28, 1978 Honorable Mayor and City Council RE: Official Zoning Map Correction, Com- mercial and Residential Districts, Farley and Fengler Streets at Rhomberg The City of Dubuque Planning and Zon- ing Commission has held a public hearing on a Planning Staff request to correct the City's Official Zoning Map as it applies to properties at the intersections of Fengler Street and Rhomberg A venue and Farley Street and Rhomberg Avenue. The areas in question and the proposed correction are shown on the attached map. 523 posal to grant a Lease and Agreement to lease certain real estate; NOW THEREFORE BE 1T RE- SOLVED BY THE CITY COUNClL OF THE ClTY OF DUBUQUE. lOW A: Section 1. That the proposal to enter into a Lease and Agreement to lease cer- tain real estate by and between the Board of Dock Commissioners of the City of Du- buque, Iowa and ContiCarriers and Ter- minals, Inc.. pursuant to the terms and conditions of said Lease and Agreement, a copy of which is attached hereto and by reference made a part hereof, be and the same is hereby approved; said real estate is described in Exhibit "A" attached to said lease and by reference made a part hereof as though fully set out herein. Section 2. That the Mayor and the Ci- ty Clerk be and they are hereby author- ized to execute said Lease and Agree- ment for and on behalf of the City of Du- buque, Iowa. Section 3. That the City Clerk be and he is hereby directed to file a certified co. py of this Resolution in the office of the Dubuque County Recorder and the office of the City Assessor. Passed, adopted, and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Proof of publication, certified to by the publisher, of Notice of Hearing to dispose of City interest in SW 112 of Lot 52 and NE 1/2 of Lot 53 in Cooks Addn., by sealed bid, presented and read. No written ob- jections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. One sealed bid was received and open- ed in the amount of $4,265.00 and Council Member Wertzberger moved to accept the bid of Harbinger Corp. Seconded by ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Regular Session, December 4L 1978 dated March 5, .1974, filed for record March 8, 1974 in the office of the Recorder of Dubuque County, Iowa as Instrument No. 1657-74, except that the Grantee herein shall not be obliga- ted to make any improvements upon the property described herein, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby directed to cause a certified copy of this Resolution, together with said Warranty Deed, to be filed in the of- fice of the Recorder in and for Dubuque County, Iowa. Passed, adopted, and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays" None. Proof of Publication, certified to by the publisher, of Notice of Hearing on Lease and Agreement between the Dock Com- mission and Conticarriers and Terminals Inc., presented and read. No written ob- jections were filed and no oral objectors were present in the Council Chamber at the time set for hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO_ 392-78 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 on November 24, 1978, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 4th day of December ,1978at 7:30 o'clock P.M. (CST) in the City Council Chambers in the City Hall, Dubuque, Iowa to consider the proposal to enter into a Lease and Agree- ment by and between the Board of Dock Commissioners of the City of Dubuque, Iowa, and Conticarriers and Terminals, Inc.; and WHEREAS. the City Council ofthe Ci- ty of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- Regular Session, December 4. 1978 Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Proofs of Publication, certified to by the Publisher, of Notice of Hearing to adopt a resolution authoriizing City Man- ager to order demolition of structures located at 677 W. 8th Street, presented and read. Fran Westermeyer spoke to the Coun- cil advising the property is to be sold. Mike Davis, proposed purchaser I stated financing has been arranged. Council Member Wertzberger moved that the proofs of publication 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. A Resolution Authorizingthe Manager to cause structure known as and located on Lot 1 of Sub. 22 and Sub. 23 Kelly's Sub. at 677 W. 8th St. to be dismantled and removed, presented and read. Coun- cil Member Wertzberger moved to table the Resolution to the January 15, 1979 Council Meeting. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 391-78 WHEREAS, Conticarriers and Ter- minals, Inc. have delivered a Warranty Deed conveying to the City of Dubuque, Iowa the real estate hereinafter describ- ed;and WHEREAS, delivery of said deed should be accepted by the City of Du- buque, Iowa; NOW THEREFORE BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE. lOW A: Section 1. That the delivery of Wat- ranty Deed dated the 14th day of N 0- vember, 1978, by Conticarriers and Ter- minals, Inc. to the City of Dubuque, Iowa conveying the following described real estate: Lot 2 and Lot 4 of the Subdivision of Lots 1 through 21, Block E, Lots 1 through 14, Block D, and vacated Mar- ket Street lying between Blocks D and E, all in Booth's Addition, in the City of Dubuque, Iowa, according to the re- cord Plat thereof; subject to ease- ments, reservations, restrictions and conditions contained in a Quit Claim Deed executed by and between Bur- lington Northern, Inc. as Grantor and Thruput. Terminals, Inc. as Grantee, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 390-78 We, the undersigned John Duggan Trustee under the Regina Duggan Trust having read the terms and conditions of the foregoing Resolution No. 390-78 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 14th day of December, 1978. ' Is! John Duggan Trustee under the Regina Duggan Trust TO: LeoF. Frommelt City Clerk This is to certify that the security pro- vided by the foregoing Resolution No. 390-78 has been furnished by the owners. Dated at Dubuque, Iowa this 14th day of December ,1978. Gilbert D. Chavenelle City Manager 522 in a manner approved by the City Manager; h. To Maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider John Dug- gan, trustee under the "Regina Duggan Trust" as owner; j. To construct said improvements, except sidewalks and street light- ing prior to June 1, 1979 and to con- struct the sidewalks and street lighting prior to June 1, 1982; and further provided that said John Dug" gan, trustee under the "Regina Duggan Trust", as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event John Dug- gan, trustee under the "Regina Duggan Trust", shall fail to execute the accep- tance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by re- corded roll call this 4th day of December, A.D.. 1978. JI~ 525 ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady I Farrell, W ertzberger. Nays - None. Abstain - Council Member King. Communication of City Manager sub- mitting tentative five year street con- struction program, 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: Y cas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 395.78 Resolution Approving a Tentative Five Year Street Construction Program and Submitting Same to the Iowa Depart- ment of Transportation WHEREAS, the office of the City En- gineer has prepared, in accordance with instructions from the City Manager, a tentative Street Construction Program for the years 1979.1980.1981.1982.1983; and WHEREAS, said construction pro- gram shall be filed with the Iowa Depart- ment of Transportation by December 6, 1978 for the purpose of allocating Road Use Taxes to Municipalities; and WHEREAS, this Council has reviewed the tentative Street Construction Pro- gram of the City of Dubuque, Iowa. NOW THEREFORE BE 1T RE. SOLVED by the City Council of Dubuque, Iowa; That the tentative five year Street Construction Program for the years 1979. 1980, 1981, 1982 and 1983 as prepared by the City Engineer, be and the same is hereby approved and the City Manager is hereby directed to forward the required documents to the Iowa Department of above described real estate to Donald J. Herbst of Dubuque, Iowa upon receipt of the purchase price in full. Section 3. 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, the Dubuque County Auditor and the City Assessor. Passed, adopted, and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members Regular Session, December 4, 1978 ness purposes. That the sale price of said real es- tate shall be seventy-five cents <'75) per square foot, amounting to a total purchase price of $34,359.04, with a down payment of $3435.90 being paid as down payment, re- ceipt thereof of said down payment is hereby' acknowledged by the Ci- ty. That construction of said building shall be commenced within one (1) year from date of deliver of deed and the passage of this Resolution and shall be completed within twen- ty-four (24) months of delivery of deed; and upon failure to do so or failure to make improvements to the land within one (1) year by Donald J. Herbst, purchaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. That the construction of all buildings, yards, parking lots, fen- ces and ancillary improvements shall be constructed in confor- mance with City Codes and manu- facturing processes carried out in accordance with City ordinances. That the City of Dubuque, Iowa re- tains a perpetual easement for ex- isting waterlines, existing sanitary seWer and storm sewer lines and for utilities, together with right of ingress and egress to repair, in- spect and maintain the same. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the ty of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of the City of Dubuque, Iowa in the hereinafter describ- ed real estate to Donald J. Herbst; NOW THEREFORE BE 1T RE. SOLVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE. lOW A: Section 1. That the disposal of interest of the City of Dubuque, Iowa in the real estate described as: Lot 5 of Block 1 of Riverfront Subdivi- sion No. 5in the City of Dubuque. Iowa to Donald J. Herbst be and the same is hereby approved for the purchase price of seventy-five cents ($. 75)per square foot in the total amount of $34,359.04, with a down payment of $3435.90 being paid sub- ject to the following terms and conditions: 1. 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- 2. 3. 4. 5. 6. -~-""~.~',,;i,A.....""'~:'_."~ Regular Session, December 4. 1978 sentation of Quit Claim Deed by the City of Dubuque, Iowa. Section 2. That the Mayor and the Ci- ty Clerk be and they are hereby authoriz- ed and directed to execute said deed of conveyance and the City Clerk be and he is hereby authorized and directed to de- liver said deed of conveyance to the gran- tee upon payment of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record certified copy of this Resolution in the office of the Dubuque County Record- er, the Dubuque County Auditor and the Dubuque City Assessor. Passed, adopted, and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to dispose of Lot 5 of Block 1 of Riverfront Sub. No.5 to Donald J. Herbst, presented and read. No written objections were fil. ed and no oral 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 l\1:ember Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, Wertzberger. Nays - none. Abstain - Council Member King. RESOLUTION NO. 394.78 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on November 24, 1978,.the City Council of the City of Dubuque, Iowa met on the 4th day of December, 1978, at 7:30 o'clock P.M. (CST) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of in- terest of the City of Dubuque, Iowa in real estate, hereinafter described, to Donald J. Herbst; and WHEREAS, the City Council ofthe Ci- Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 393.78 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 on November 24, 1978, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 4th day of December, 1978 at 7:30o'clockP.M. (CST) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the pro- posal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described, to the highest bidder, by way of sealed bids, and that the sale price for said real estate shall not be less than $4,000.00 nor conditioned upon title to same being merchantable; and WHEREAS, said sealed bids having been opened by the City Council, it is found that Harbinger Corporation is the highest bidder for the purchase price of $4,265.00 and that the real estate describ- ed as: SW 112 of Lot 52 and the NE 112 of Lot 53 in Cooks Addition both in the City of Dubuque, Iowa be and the same should be sold to Harb. inger Corporation; and WHEREAS. the City Council of the Ci. ty of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of City of Dubuque, Iowa in the hereinafter describ- ed real estate to the above named party. NOW THEREFORE BE 1T RE. SOLVED BY THE C1TY COUNC1L OF THE CITY OF DUBUQUE. lOW A: Section 1. That the disposal of interest of City of Dubuque, Iowa in and to, and the conveyance of, real estate ,described as: SW 11z of Lot 52 and the NE l1z of Lot 53 in Cooks Addition both in the City of Dubuque, Iowa to Harbinger Corporation be and the same is hereby approved for the purchase price of $4,265.00, and that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed; conveyance shall be subject to reservation by the City of Dubuque, Iowa of a perpetual ease- ment unto itself for all existing easements for waterlines, sewer lines and for- util- ities, together with right of ingress and egress to repair, inspect and maintain the same; and that the 10% of the purchase price deposit for good faith shall be forfeited to the City of Dubuque, Iowa in the event the successful bidder fails to pay for the said real estate upon the pre- 524 527 Re!(ular Session, December 4, 1978 B_79_MC_19_0004 Block Grant Applica- tion. A copy of the Citizen Participation Plan, Grantee Performance Report, and basic information pertaining to Block Grant Application B_79~MC-19-0004 are on file and available at the City Clerk's of- fice, City Hall, 13th and Central, Dubu- que, Iowa and at the Department of Com- munity Development, 480 Fischer Bldg., Dubuque, Iowa between the hours of 8:00 A.M. and 5:00 P ,M. except Saturdays, Sundays and holidays. Additional infor- mation concerning the public hearing may be obtained from DaD Dittemore or Harry Neustadt of the Department of Community Development (319-557-1930). The public hearings will be held in City Council Chambers, City Hall, 13th & Cen- tral, Dubuque, Iowa at 7:30 P.M. on De- cember 18, 1978. Any persons or organi- zations desiring to be heard will be given aD opportunity to express their views. Leo Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Hillcrest Family Services seeking funds to cover a deficit of $17 ,820. locally for the Shelter House Program, re- questing $6,000. from the City, also re- questing permission to present their case, presented and read. Julie Price and Gary Hammond spoke to the petition and sub. mitted their annual report. Council Mem- ber Wertzberger moved that the petition be received and filed and referred to Council. Seconded by Council Member Brady. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communications of City Manager and City Engineer advising of completion of 17th Street Storm Sewer by Freeport Construction Company, presented and read. Council Member Wertzberger mov- ed that the communications be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Council Members Brady, Far- rell, King, W ertzberger. Nays c none. Abstain - Mayor Tully. Final Estimate RESOLUTION NO. 397.78 WHEREAS, the contract for the 17th Street Storm Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cludingthe cost of estimates, notices, in- spection, and preparing the assessment Published officially in the Telegraph Herald Newspaper this 8th day of De- cember, 1978. Leo F. Frommelt City Cleric it 12/8 Council Member Wertzberger moved firw.l adoption of the Ordirw.nce. Second- ed by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully. Council Members Brady. Farrel~ King, Wertzberger. Nays - None. RESOLUTION NO. 396.78 Authorizing publication of Notice of Public Hearing for the Purpose of Re- vising the City of Dubuque'S Citizen Participation Plan; to Provide Citizens Opportunity to Comment on the City's Performance in community Develop. ment to Date; to Provide Basic Informa- tion Regarding B_79.MC.19-0004 Block Grant Application ~ WHEREAS, the City of Dubuque is en- titled under Title I of the Housing and Community Development Act of 1974 to certain Community Development Block Grant funds; and WHEREAS. the regulations govern- ing the submission of an application, the development of such application, and in the development of any revisions, changes or amendments, require that citizens be provided with adequate infor- mation concerning the Community Devel- opment Block Grant Program; now therefore BE 1T RESOLVED BY THE C1TY COUNCIL OF :rHE C1TY OF DUBU- QUE.lOW A: Section 1. That the City Clerk be arid he is hereby authorized and directed to publish notice of public hearings in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted and approved this 4th day of December ,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James~. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" Pursuant to Title I of the Housing and Community Development Act of 1974, the City Council will hold a public hearing for the purpose of obtaining the views and commentaries of residents of the City on Revision of the City of Dubuque's Citizen Participation Plan; performance of City in Community Development to date; and to provide basic information relative to J!. Regular Session, December 4, 1978 mitting information relative to the pro hibition of minors in pool halls, presented and read. Council Member Wertzberger moved that the communication be receiv- ed and filed. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell. King, Wertzberger. Nays - None. ORDINANCE NO. 68-78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 6.21 OF THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA AND DECLARING SAME TO BE NULLANDVOID AND OF NO FURTHER FORCE AND EFFECT, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas _ Mayor Tully, Council Members 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. 68.78 AN ORDINANCE OF THE CITY OF DU. BUQUE. IOWA, PROVIDING FOR THE REPEAL OF SECTION 6.21 OF THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA AND DECLARING SAME TO BE NULL AND VOID AND OF NO FURTHER FORCE AND EFFECT NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 6-21 of the Code of Ordinances, City of Dubuque, Iowa be and the same is hereby repealed and declared null and of no further force and effect. Section 2. That all ordirw.nces orparts of ordinances in conflict with this or~ dinance are hereby repealed. Passed, adopted and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Transportation. Passed, adopted, and approved this 4th day of December,1979. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Operation Friendship re- questing permission to solicit funds in front of the Liquor Store on J.F .K. Road on Saturdays, December 16th & 23rd, presented and read. Council Member Far- rell moved that the request be approved. Seconded by Council Member Wertz- berger. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Thomas R. Steffen et ux re- questing a street light on an existing pole at 3210 W. 32nd St., presented and read. Council Member Wertzberger moved that the petition be referred to the City Manager and Electrical Inspector. Seconded by Council Member Farrell. Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Fourth St. Neighborhood Ass'n. requesting to name a lane in their area "Ryder's Lane", presented and read. Council Member Wertzberger moved that the petition be referred to Staff. Seconded by Council Member Brady. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Petition of Cue Masters Billiards would appreciate the opportunity to address the issue as to the serving beer to legally allowed persons in a Billiard Room, pre- sented and read. Gary Nielsen of Cue Master Billiards spoke to the petition. Council Member Wertzberger moved that the petition be received and filed. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- 526 529 Regular Session, December 4, 1978 Yeas _ Council Members Farrell, King, W crtzbergcr. Nays _ Council Member Brady. Abstain - Mayor Tully. Verbal petition of Recreation Commis- sion requesting the Council to discuss contract for FDR park was considered. Recreation Commissioner Mike Reilly, spoke to the petition by stating that a total of $14,500 was needed originally. The new contract calls for an expenditure of $10,500, with an additional amount not to exceed $1000. Mr. George Eiting of Cullen, Kilby & Carolan proposed to up date the study for $10,500, with sup- plemental survey work for an additional amount of $1,000. New aerial photos arc not needed at the present time. Council Member Wertzbergcr moved that the contract be approved not to ex- ceed $11,500 and exclude the aerial photos. Seconded by Council Member King. Carried by the following vote: Y cas _ Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Communication of Housing Commis- sion submitting the resignation of Wil- liam J. Watters as a member of the RESOLUTION NO. 401-78 Rehab. Commission and recommending WHEREAS, the City of Dubuque, 10- that Mrs. Willa BussRn serve in that po- wa has negotiated with Trkla, Pettigrew, sition of liasion for the Housing Commis- Allen & Fayne, Inc., torcnder advice and sian, presented and read. Council assistance in connection with the City of Member Wertzberger'moved that the Dubuque, Iowa initiating a program of communication be received and filed and housing improvement and community the recommendation approved. Seconded development; and by Council Member Farrell. Carried by WHEREAS, a copy of said Agreement the following vote: . is hereto attached and by reference made Yeas - Mayor Tully, CounCil Members a part hereof. Brady, Farrell, King, W ertzberger. NOW THEREFORE BE 1T RE- Nays-None. SOLVED BY THE C1TY COUNCIL OF " Communication of Housin~ Commis- THE C1TY OF DUBUQUE. lOW A: SlOn requestmg confirmation o.f the S I. 1 Th t th A t h d followmg members of their respecbve of- ec Ion. a e greemen yan f" Ch . W'jj' W tt V" h t th C't f D h 1 d Ices: alrperson I 18m a ers; lee eween e IYo u uque, owaan Ch" D . H" t L"" T kl P tt' All & P 1 h alrperson oriS mg gen; I8SlOn r a, e Igrew, en ayne, nc. e b f R h be'. w.n and the same is herehy approved" mem cr 0 ea. ommlsslOn 1 a Bussan, presented and read. Council Section 2. That the Mayor and the Ci- Member Wertzberger moved for ap- ty Clerk ~e and they are hereby. authoriz- proval of the appointments. Seconded by ed and dIrected to execute said Agree- Council Member Farrell. Carried by the ment for and on behalf of the City of Du- following vote: buque, Iowa. . Yeas - Mayor Tully, Council Members Passed, adopted, and approved thiS 4th Brady, Farrell, King, W ertzberger. day of December, 1978. _ Nays - None. Richard Wertzberger RESOLUTION NO. 402-78 Mayor Pro-Tern WHEREAS, Applications for Liquor D. Michael King Licenses have been submitted to this Carolyn Farrell Council for approval and the same have Council Members been examined and approved; and ATTEST: . WHEREAS, The premises to be occu- Leo F. Frommelt pied by such applicants were inspected City Clerk and found to comply with the State Law Council Member Farrell moved adop- and all City Ordinances relevant thereto tion of the Resolution. Seconded by Coun- and they have filed proper bonds; cil Member Wertzberger. Carried by the NOW THEREFORE BE IT RE~ following vote: SOLVED, By the City Council of the City the same is hereby accepted. BE 1T FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from Community De- velopment Funds issued upon the above described improvement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted, and approved this 4th day of December, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members rell, King, Wertzberger. Nays - none. Abstain - Mayor Tully. Far- Brady, ;a ~ .. Regular Session, December 4, 1978 Yeas - Council Members Brady, rell, King, Werb;berger. Nays - none. Abstain - Mayor Tully. Communications of City Manager and City Engineer advising of completion of Comiskey Parking Lot by Tri-Statc Pav- ing Co., presented and read. Council Member Wertzberger moved that the communications be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - none. Abstain" Mayor Tully. Final Estimate RESOLUTION NO" 399.78 WHEREAS, the contract for the Com- iskey Park Parking Lot has been com- pleted and the City Engineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE 1T RESOLVED. hy the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $8,668.52. That none of the cost thereof shall be assessable upon private property and $8,668.52 shall be paid from the Communi- ty Development Fund of the City ofDubu- que. Passed, adopted, and approved this 4th day of December, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas _ Council Members Brady, Far- rell, King, W ertzberger. Nays - none. Abstain - Mayor Tully. A Resolution Accepting Improvement RESOLUTION NO. 400.78 WHEREAS, the contract for Com- iskey Park Parking Lot has been com- pleted and the City Manager has examin- ed the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE 1T RESOLVED. hy the City Coun- cil ofthe City of Dubuque, that the recom- mendation of the City Manager be ap- proved and that said improvement be and Far- 528 que. Passed, adopted and approved this 4th day of December, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays. none. Abstain - Mayor Tully. A Resolution Accepting Improvement RESOLUTION NO. 398-78 WHEREAS, the contract for the 17th Street Storm Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its accep- tance, now therefore, BE IT RESOLVED. by the City Conn- cil of the City of Dubuque, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE 1T FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from Local Public Works funds issued upon the above de- scribed improvement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted, and approved this 4th day of December, 1978. Richard Wertzberger Mayor Pro-Tem D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconde~ by Council Member Farrell. Carried by the followinJ{ vote: and plat, now therefore, BE 1T RESOLVED. hy the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $534,842.95. That none of the cost thereof shall be assessable upon private property and $534,842.95 shall be paid from the Local Public Works Fund of the City of Dubu- ",,;.~z;,r;;,~.;....;:.:.~::,;~,;:~~~;:::.;.;.: 531 Regular Session, December 4, 1978 Approved. 1979 Adopted. . 1979 - - - - - Council Members ATTEST, - City Clerk against Dubuque Marina in the amount of $3,550.16; Notice of claim of Richard J. Kramer in behalf of Timothy Kramer, a minor, in the amount of $1000., for per- sonal injuries received by said minor on October 11, 1978, as the'result of a defec- tive sidewalk at 2327 Central Ave., presented arid 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. Petitions of Taco John #3 requesting a refund of $50. on unexpired Cigarette Li- cense; Elaine L. Scherer requesting re- funds of $50. on unexpired Cigarette License and $150. on unexpired Class "B" Beer Permit, presented and read. Council Member W ertzberger moved that the re- funds be granted and City Auditor directed to issue proper warrants. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Greg Adams, owner of Papa Lukes, indicating a desire to re- model at 1064 University Ave., also addi- tional parking area proposals, presented and read. Council Member Brady moved that the communication be referred tothe Planning & Zoning Commission. Second- ed by Council Member W ertzberger. Car- ried by the following 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 Bra. dy. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk residential, commercial and rural small volume customers effective December 27 1978, presented and read. Council Mem: ber Wertzberger moved that the commu- nication be received and filed and refer~ red to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. M1NUTES SUBMITTED - Histor- ical Preservation Commission of their meeting of 10-24; Playground & Recrea- tion Commission of their meeting of 11-13; Community Development Commission of their meetings of 11-15 & 11-20; Planning & Zoning Commissi~n of their meeting of 11-15 and Airport Commission of their meeting of 11-9, 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. Communication of City Manager sub- mitting monthly reports of Treasurer, Fi- nance Director, Water Supt., Health Dept., also list of claims for October ,1978, presented and read. Council Member Wertzberger moved that the communica- tion 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. Proof of Publication, certified to by the Publisher, of List of Receipts and Dis- bursements for month of October, 1978, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Petition of Peoples Natural Gas re- questing permission to excavate at 1006 Central Ave., presented and read. Coun- cil Member Wertzberger moved that the request be approved. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas -Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Notice of Claim of Dorothy E. Buettell, in the amount of $3000., for personal in- juries received in a fall on a defective sidewalk on Humboldt Street, near Beth- any Home on November 7,1978; Notice of Mechanic's Lien filed with the City on behalf of Moldt Electric Service Inc., E ; ~; \f" l~ ;} 1_ r,. :\' , # } i* $. t. . , Regular Session, December 4, 1978 RESOLUTION NO. 403-78 Resolution Authorizing the Mayor to Sign the Contract Close Out Forms for the Administration and Operation of a Public Service Employment Program Under Title IV of PL 93.303 for FY 1978_ WHEREAS, the Federal Government enacted the Comprehensive Employment and Training Act Title VI and made funds available during FY 1978, to hire unem- ployed people; and WHEREAS, the City of Dubuque has acted as Program Agent in the admin- istration of these funds during FY 1978; and WHEREAS, the City of Dubuque has expended all but $68,786.24 of the $1,177,466 granted to it under this pro- gram in FY 1978; and WHEREAS, it is required of the City, as Program Agent, to submit the close out documents to the Iowa State Office of Planning and Programming: NOW THEREFORE. BE 1T RE- SOLVED BY THE CITY COUNC1L'OF THE CITY OF DUBUQUE. IOWA. THAT THE MAYOR IS AUTHORIZED TO SIGN THE CONTRACT CLOSE OUT DOCUMENT FOR THE FY 1978 TITLE VI PUBLIC SERVICE EM- PLOYMENT PROGRAM. Passed, adopted and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of U.S. Corps of En- gineers advising that Beecher Sand Ltd. has applied for a permit to dredge sand and other material between the southern- most and middle wing dams on the east side of Hamm Island, 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 Peoples Natural Gas advising of a rate increase of 1.282 cents per hundred cubic ft. to all rates of 530 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 Benevolent & Protective Order of Elks #297,2699 John F. Kennedy Road' Shirley Mihalakis (Also Sunday Sales) Barbara J. (Richman) Furry, 2401 Wind- sor Avenue Evelyn A. Hinkel (Also Sunday Sales) 2417 Rhomberg Avenue Angelina Bertolini (Also Sunday Sales) 1298 Main Street Donald F. Bradley (Also Sunday Sales) 1091 Main Street David J. Wetter aIid Joseph N. McGinnis, 951 Main Street Passed, adopted, and approved this 4th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members November 30, 1978 Honorable Mayor and City Council Dubuque, Iowa Dear Members of the City Council: Between October 1, 1977 and September 30,1978, the City of Dubuque acted as Program Agent for Title VI of the Comprehensive Employment and Training Act under contract with the Iowa State Office for Planning and Pro- gramming. During that period the City was allotted $1,177.466 for the program; it expended $1,108,679.76 for participant wages, fringe benefits and administrative expenses. Since the contract has expired on Sep- tember 30, 1978 and no modification is contemplated which will extend it beyond that date, you are requested to pass a resolution which will allow the mayor to sign the close out documents. 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. ATTEST: Leo F. Frommelt City Clerk Council Member Brady 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. 533 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, Wertzherger. Nays - None. Communication of Mayor Tully sub- mitting a resolution limiting salary and wage increase to 7% in the 1980 Budget, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays c Council Member Brady. Special Session, December 18,1978 tation or Conservation considered a supplies, equipment contracts, or consul- development in the City; Keystone plan- tant and other services: ningforfurtherdevelopmentinthearea. NOW, THEREFORE, BE IT RE- Mrs. Ed Ryan requested to find jobs for SOLVED BY THE CITY COUNCIL OF elderly; Suggested placing people in THE CITY OF DUBUQUE, lOW A: tourism. Section 1. That th~ Mayor of the City Mr. Trkla advised the second public of Dubuque is authorized to execute and hearing will be beld on or about February file an application on behalf of the City of 1, 1979. Dubuque with the U.S. Department of Council Member Brady moved that all Transportation, to aid in the financing of communications and statements be refer- operating assistance projects pursuant to red to the Community Development Com- Section 5 of the Urban Mass Transporta- mission. Seconded by Council Member tion Act of 1964, as amended. Farrell. Carried by the following vote: Section 2. That the Mayor of the City Yeas _ Mayor Tully, Council Members of Dubuque is authorized to execute and Brady, Farrell, King, W ertzberger. file with such applications an assurance or Nays _ None. any other document required by the U.S. Council Recessed at 9:15 P.M. Department of Transportation effec- Reconvened at 9:22 P.M. tuating the purposes of Title VI of the Communication of Transit Mgr. sub- Civil Rights Act of 1964. mitting an application to Urban Mass Section 3. That William Kohler, Tran- Transportation Act for financial as- sit Manager, is authorized to furnish such sistance to off set part of operating cost of additional information as the U.S. Depart- transit system, presented and read. ment of Transportation may require in Council Member Wertzberger moved connection with the application or the that the communication be received and project. filed. Seconded by Council Member King. Section 4. That the Mayor of the City Carried by the following vote: of Dubuque is authorized to set forth and Yeas" Mayor Tully, Council Members execute affirmative minority business po- Brady, Farrell, King, W ertzberger. licies in connection with the project's pro- Nays _ None. curement needs. RESOLUTION NO. 404-78 Sa.lion 5. That the Mayor of the City Resolution Authorizing the Filing of an of Dubuque is authorized to execute grant Application with the Department of contract agreements on behalf ofthe City Transportation, United States of Amer. of Dubuque with the U.S. Department of Ica, for a Grant Under the Urban Mass Transportation for aid in the financing of Transportation Act of 1964, as Amend. the operating assistance projects. ed. Passed, adopted, and approved this WHEREAS, the Secretary of Trans- 18th day of December, 1978. portationis authorized to make grants for Thomas A. Tully Jr. mass transportation projects: Mayor WHEREAS, the contract for financial Richard Wertzberger assistance will impose certain obligations D. Michael King upon the applicant, including the provi- James E. Brady sion by it of the local share of project Carolyn Farrell costs: Council Members WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assis- tance under the Urban Mass Transporta- tion Act of 1964, as Amended, the appli- cant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements there- under: and WHEREAS, it is the goal of the Appli- cant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that de- finitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasi~ ble opportunity to compete for contracts when procuring construction contracts, ~' }i' ~, ~' t~ ~,' ~I' ~ ~ . 1;. Session, December 18. 1978 ment Director, advised this is the first of three hearings. Harry Neustadt, Community Develop- ment Specialist, stated City is to receive $3,100,000. over the next three years; now receiving approx. $1,033,000. each year. Communication of Community Devel- opment Commission submitting copies of Draft Citizen Participation Plan, Grantee Performance Report, Statement of Needs, Goals and Objectives, presented and read. Council Member Brady moved that the communication be referred to the Community Development Commission. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. Communication of Dubuque County Historical Society, presented and read by Robert Klein, requesting favorable con- sideration of the funding for a Riverboat Museum from Community Development Funds, presented and read. Council Mem- ber Brady moved that the Communica- tion be referred to the Community Development Commission. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Mrs. Ruth Nash of W. 11th St. presented and read a statement re- questing Funds be used for Parking & Traffic improvements: Concerned about using Loras Blvd. as thru traffic from new bridge; Residential Structure Rehabilita- tion - To date only 5% Rehabilitation money has been spent in their Neighbor- hood: and better Street Lighting. Dick Friedman of the Chamber of Com- merce read a letter of thanks to the Com- munity Development Commission and Ci- ty Cquncil for opportunity to present in- put regarding spending of Community Development Funds. Ethel Bechen, representing the North End, presented communication re- questing that before Community Devel- opment Funds are used. we should find out where Freeway is going: Need hous- ing for low income people. Sr. Agnes Zemanek was of the opinion that Transportation System be subsidiz- ed to allow one evening for elderly and handicapped. Bob Klein of Dubuque County His- torical Society expressed a desire to es- tablish' a River Boat Museum; Chicago, Burlington Freight House has been pre- sented to the Society; Requesting to restore building to original design; Re- questing consideration for funding under Community Development Act; Rehabili- Special CITY COUNCIL OFFICIAL Special Session, December 18, 1978. Council met at 7:30 P.M. (C.D.T.) Present" Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call' and stated that service had been duly made and this Meeting is called for the purpose to con- duct a public hearing to share in a presen- tation and discussion of the range of ac- tivitfes that may be undertaken with com- munity block grant funds, and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. David Paulsen of Assembly of God Church. Governor's A ward was presented to Mr. Nic Yiannias who advised that pro- ceeds from the movie "F.I.S.T." was given to various civic organizations. City Solicitor Russo submitted a verbal report regarding the lawsuit filed by the Telegraph Herald by way of Writ of Man- damus. He advised City has reached the stage at this juncture that the public will not be served in its best interest; Docu- ments that were demanded by the Tele- graph Herald were denied by the City At- torney; Hearing was set for December 1978 but both parties have now agreed to January 8, 1979; Interest is such as not to deny anyone any.documents. City Solicitor also spoke in reference to letter to Chairman Murdock and 4 mem- bers of Airport' Commission relative to hiring Airport Manager. In reference to a letter dated December 12, 1978 to Norm McMullin to discuss library expansion, KDTH news objected to not being inform- ed of meeting. Council Member Wertz- berger moved that the sitution be refer- red to the City Solicitor, Airport Commis- sion and Library Board and that the City Manager be informed. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, covering presentation and dis- cussion of range of activities that may be undertaken with Community Develop- ment Block Grant Funds, presented and read. Council Member Brady moved that the proof of publication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Dan Dittemore, Community Develop~ 532 535 ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 406-78 Comes now the undersigned owners of various pairs of lots referred to as Tracts A through E, inclusive, which are includ- ed in the plat of Lots 12 through 19, in- clusive, of "Jaeger Heights" in the City of Dubuque, Iowa, and having read the terms and condition of the foregoing Session, December 18, 1978 the conditions set forth in the attached Tract C: Lot 2 of Lot 16, and Lot 2 of resolution. Lot 17, in "Jaeger Heights"; Finally, the Commission makes note of Tract D: Lot 2 of Lot 18, and Lot 1 of its strong objection to the improper plat- Lot 2 of Lot 19, in "Jaeger Heights"; and ting procedure involved in this case. In Tract E: Lot 1 of Lot 1,9, and Lot 2 of this regard, they wish to advise of their Lot 2 of Lot 19, in "Jaeger Heights". intent to review this problem generally at The lots shown on the plat of lots 12 their January meeting. through 19, inclusive of "Jaeger Heights" CITY PLANNING AND which are not listed above are of suffi- ZONING COMMISSION cient size to be sold and developed in- James D. Burke dividually without being joined to aD ad- Associate City Planner jacent lot and therefore are not subject to Council Member Wertzberger moved the aforesaid condition; that the communication be received and WHEREAS, said plat has been exam- filed. Seconded by Council Member Far- ined by the City Planning and Zoning relL Carried by the following vote: Commission and its approval has been en- Yeas _ Mayor Tully, Council Members dorsed thereon; and Brady, Farrell, King, Wertzberger. WHEREAS, said plat has been exam. Nays _ None. ined by the City Council and it finds that RESOLUTION NO. 406.78 the same conforms to statutes and or- Resolution Approving the Subdivision dinances relating thereto; and Plat of Lots 12 through 19, Inclu. NOW THEREFORE. BE 1T RE- slve, of "Jaeger Heights" In the City of SOLVED BY THE C1TY COUNCIL OF Dubuque, Iowa THE C1TY OF DUBUQUE. IOWA: WHEREAS, there has been filed with Section 1. That the plat of lots 12 the Clerk a plat of the subdivision of Lots through 19, inclusive, of "Jaeger 12 through 19, inclusive, of "Jaeger Heights" here in the City of Dubuque, Heights" in the City of Dubuque, Iowa, Iowa, including public utility easements wherein each of said lots are subdivided shown thereon, be and the same is hereby as shown on the plat; approved and the Mayor and City Clerk WHEREAS, the original plat of "Jae- are hereby authorized and directed to en- ger Heights" (Lots 1-19) in the City of dorse the approval of the City of Dubu- Dubuque, Iowa, including Brian Drive que, Iowa, upon said plat providing the and Jaeger Drive and public utility ease- owners of the lots referred to above as ments was hereto approved December Tract A through E, inclusive, execute 13, 1976, by the City Council by Resolu- written acceptance, hereto attached, tion No. 419-76; and agreeing to be bound by the above stated WHEREAS, the owners of "Jaeger condition t:egarding the sale of the pair of Heights" have heretofore accepted the lots owned by e_ach of them. terms of Resolution No. 419-76 and have Section 2. That in the event the afore- filed the required security for public im- said owners of the lots shall fail to execute provements and maintenance thereof; the acceptance provided for in Section 1 and hereof within forty-five (45) days from the WHEREAS, no new or changed public date of this Resolution the provisions improvements are shown on the plat of hereof shall be null and void and the ap- lots 12 through 19, inclusive, of "Jaeger proval of the plat shall not be effective. Heights" and therefore no additional Passed, adopted, and approved this security is required of the owners; and 18th day of December, 1978. WHEREAS, the plat of the subdivision Thomas A. Tully Jr. of lots 12 through 19, inclusive, into Mayor smaller lots has been submitted as a: re- Richard Wertzberger suit of an attorney's title opinion objec- D. Michael King tion regarding the prior filing of a plat of James E. Brady the subdivision of said lots without con. Carolyn Farrell forming to all of the requirements of Council Members Chapter 409, Code of Iowa, and WHEREAS, it is expressly required as a condition hereof that title to pairs of cer- tain lots will be held by the same owner(s) because of the fact that said lots by them- selves are too small to allow development under the present zoning classification for said lots, to-wit: Tract A: Lot 2 of Lot 12, and Lot 2 of Lot 13, in "Jaeger Heights"; TractB:Lot20fLot 15, and Lot 10fLot 16, in "Jaeger Heights"; Special f ! !~ ~ , t if ~ f , r Sp'ecial Session, December 18, 1978 December 14, 1978 Honorable Mayor and City Council RE: Louis Jaeger, Final Plat - Jaeger Heights subdivision, vicinity Rockdale Road and Tower Drive The City of Dubuque Planning and Zon- ing Commission has reviewed a final plat submitted by Mr. Louis Jaeger proposing to subdivide Lots 12 through 19 of Jaeger Heights Subdivision into 12 development sites for single-family residential struc- tures. The property is located west of Rockdale Road and north of Tower Drive in the City of Dubuque, Iowa. The attached staffreport describes the background of this request for plat ap- proval. Essentially, the purpose of the plat is to obtain formal approval of lot splits which have been recorded with Dubuque County. These splits were not reviewed and approved by the Planning and Zoning Commission and City Council. The Commission finds that the'propos- ed plat conforms to the Subdivision Or- dinance with the exception that some of the lots fail to meet the zoning district's minimum frontage and area require- ments. With regard to this exception, the Commission has found acceptable the subdivider's proposal that title to pairs of certain lots will be held by the same owner. This proposal is formalized in the attached resolution approving the plat. Accordingly, the Planmng and Zoning Commission has voted to approve the final plat of the Subdivision of Lots 12 through 19, inclusive of "Jaeger Heights." They recommended your fav- orable consideration of the plat subject to ed that the recommendation be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Printed Council Proceedings for the months of August and September, 1978, presented for Council approval. Council Member Wertzberger moved that the Council Proceedings be approved as printed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of David W. Leifker, attorney for Jaeger Heights, requesting consideration and approval of plat of Lots 12 thru 19 inclusive in Jaeger Heights, presented and read. Council Member Wertzberger moved that the communica- tion 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. 534 RESOLUTION NO. 405.78 WHEREAS, the President of the Uni- ted States has established a program to combat inflation, one feature of which is a voluntary limit on salary and wage in- creases of seven percent; and WHEREAS, the City Council of Dubu- que, Iowa believes that inflation is one of the greatest threats to the United States and that the City of Dubuque, Iowa should do all in its power to combat the causes of inflation; and WHEREAS, the limit on wage increas- es to seven percent, including fringe benefits, is one of the key features of the President's anti-inflation program; and WHEREAS, the City Council of the Ci- ty of Dubuque, Iowa is currently estab- lishing goals and guidelines for the preparation of the 1980 budget; NOW. THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That wages and salary in- creases, including fringe benefits, of the City of Dubuque, Iowa should be limited to seven percent of the 1980 budget. This policy intends to limit increases in wages and benefits for groups of employees af. fected by the guidelines to an average of seven percent so that the increase in wag- es and fringe benefits between the fiscal year 1979 and 1980 shall be seven percent. Section 2. Be it further resolved that the City Council of Dubuque, Iowa hereby instructs the City Manager and other city officials to carry out the policies establish- ed herein with employee organizations of the City of Dubuque, Iowa for the fiscal year 1980. Section 3. Be it further resolved that it be the policy of the City Council of the Ci- ty of Dubuque, Iowa to adopt a non-infla- tionary budget for the fiscal year 1980. Passed, adopted, and approved this 18th day of December, 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, W ertzberger. Nays - Council Member Brady. Communication of City Manager re- commending installation of a street light at 3210 W. 32nd Street in response to Thomas Steffen petition, presented and read. Council Member Wertzberger mov- 537 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 69.78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. PEALING ARTICLE I OF CHAPTER 16 THEREOF AND ENACTING A NEW AR. TICLE I OF CHAPTER 16 THEREOF GOVERNING THE INSPECTION OF FOOD.SERVICE ESTABLISHMENTS. THE ISSUANCE, SUSPENSION AND REVOCATION OF PERMITS TO OPER. ATE FOOD.SERVICE ESTABLISH. MENTS, PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED FOOD OR DRINK AND THE ENFORCE. MENT OF SUCH REGULATIONS IN THE CITY OF DUBUQUE,IOWA. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by repealing Article Iof Chap- ter 16 thereof and adding a new Artide I of Chapter 16 in lieu thereof to read as follows: Article I. In General. Sec. 16.1. Ordinance - Adopted. The definitions; the inspection of food-service establishments; the is- suance, suspension and revocation of permits to operate food-service estab- lishments; the prohibition of the sale of unsound ormislabeledfood ordrinkj and the enforcement of this ordinance shall be regulated in accordance with the 1976 edition althe Food and Drug Administration "Food Service Sanita- tion Ordinance, .. three certified copies of which shall be onfile in the office of the City Clerk. Sec. 16.2. Same - Definition. The word "Municipality" in the code adopted by section 16-1 shall be understood to refer to the City of Du- buque. Sec. 16.3. Same - Amendments. The 1976 edition of the Food and Drug Administration "Food Service Sanitation Ordinance" is hereby amended as follows: 'Temporary Food-Service Estab. lishment'means afood-service estab- lishment that operates at a fixed ioca- Health, December 18, 1978 mendation of the City lVlanager be ap- proved and that said improvement be and the same is hereby accepted. BE 1T FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund issued upon the above describ- ed improvement in amount equal to his contract, less any retained percentage provided for therein. Passed, adopted, and approved this 18th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Coun- cil Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- mitting Ordinances providing for the con- trol of food establishments and also for state mandated license fees, also submit- ting a Memorandum of Understanding with the State Department of Agri- culture, presented and filed. Council Member Wertzberger moved that the communication be received and filed. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 69.78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE. IOWA. BE AMENDED BY RE- PEALING ARTICLE I OF CHAPTER 16 THEREOF AND ENACTING A NEW AR. TICLE I OF CHAPTER 16 THEREOF GOVERNING THE INSPECTION OF FOOD-SERVICE ESTABLISHMENTS. THE ISSUANCE, SUSPENSION AND REVOCATION OF PERMITS TO OPER. ATE FOOD.SERVICE ESTABLISH. MENTS, PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED FOOD OR DRINK AND THE ENFORCE. MENT OF SUCH REGULATIONS IN THE CITY OF DUBUQUE, IOWA, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Board of .,~ t: .', i i jj ;'- 1 Special Session, December 18, 1978 vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager advis- ing of completion of Central Avenue & 17th Street Traffic Signal Project, pre- sented and read. Council Member Farrell moved that the communication be receiv- ed and filed. Seconded by Council Member W ertzberger. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Final Estimate RESOLUTION NO. 407.78 WHEREAS, the contract for the con- struction of Central A venue at 17th Street - Traffic Signal Improvements has been completed and the City En- gineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat. now therefore, BE IT RESOLVED. hy the City Coun- cil of the City of Dubuque. That the cost of said improvement is hereby determined to be $11.173.20 That none of the cost thereof shall be assessable upon private property and $11,173.20 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted, and approved this 18th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Coun- cil Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Wertzberger. Nays - None. (A Resolution Accepting Improvement) RESOLUTION NO. 408.78 WHEREAS, the contract for the con- struction of Central A venue at 17th Street Traffic Signal improvements has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now there- fore. Resolution No. 406-78, and being familiar with the same and agree to perform the condition therein required. Owners of Lot 2 of Lot 12, and Lot 2 of Lot 13 (Tract AI: Louis J. Jaeger Rita M. Jaeger Owners of Lot 2 of Lot 16. and Lot 2 of Lot 17 (Tract CI: Louis J. Jaeger Rita M. Jaeger Owners of Lot 2 of Lot 18, and Lot 1 of Lot 2 of 19 ITract DI: Stephen E. Jaeger Kathy A. Jaeger Owners of Lot 1 of Lot 19, and Lot 2 of Lot 2 of Lot 19 ITract E): Louis J. Jaeger Rita M. Jaeger Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Alfred E. Hughes, Attorney for Julian G. Nemmers submit- ting preliminary plat for Cedar Ridge In- dustrial Development and requesting re" ferral to Planning & Zoning Commission, presented and read. Council Member Wertzberger moved that the commu- nication be referred to the Planning & Zoning Commission. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady. Farrell, King. Wertzberger. Nays" None. Petition of The Northeast Iowa Chapter of the March of Dimes re- questing permission to conduct its annual Mothers March from January 13 to 21, 1979, presented and read. Council Mem- ber Wertzberger moved that the request be approved and referred to the City Manager fo~ implementation. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petitions of Dubuque Bicycle Club re- questing permission to conduct a bicycle race on Kerper, Roosevelt Ext., Kilgore & Hamilton Streets; also a bicycle hillclimb race up 5th Street, presented and read. Council Member Wertzberger moved that the petitions be approved and referred to the City Manager for im- plementation. Seconded by Council Member Brady. Carried by the following Patrick W. Petitgout Catherine M. Petitgout Owners of Lot 2 of Lot 15, and Lot 1 of Lot 161Tract BI: 536 - BE IT RESOLVED. By the City Coun- cil of the City of Dubuque, that the recom- -='~~'tk'~'i~"B" - 539 PEALING SECTION 24.3 THEREOF AND ENACTING A NEW SECTION 24.3 IN LIEU THEREOF TO PROVIDE FOR THE REQUIRING OF LICENSES FOR CERTAIN BUSINESS AND FIXING AND ESTABLISHING ANNUAL L1. CENSE FEES THEREFOR. NOW THEREFORE BE IT OR. DAINED BYTHE CITY OF COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 2.4.3 there- of and enacting a new Section 24-3 in lieu thereof to provide as follows: Sec. 24.3. Same - Miscellaneous businesses. Licenses are required andfees shall be paid, as indicated. for the following businesses and vocations: 1. Sale of Christmas trees by tem- porary merchants, ten dollars ($10.001 for the season. 2. Each applicant for a license to op- erate a hotel shall pay the following annual license fees: for one (1) to fourteen (14) guest rooms, twenty dollars ($20.00); for fifteen (15) to thirty (30) guest rooms, thirty dol14rs ($30.00),. for thirty.one (31) to seventy-five (75) guest rooms, forty dollars ($40.001; for seventy-six (16) to one hundred fifty (150) guest rooms, fifty dollars ($50.00); for over one hundred fifty (150) guest rooms, seventy-five dollars ($75.001." Passed, adopted, and approved this 18th day of December, 1918. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Telegraph day of De- It 12/21 Council Member Wertzberger moved final adoption of the Ordinance. Secorul- ed by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. . ORDINANCE NO. 72-78 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BE ENACTING A ATTEST; Leo F. Fromme, City Clerk Published officially in the Herald Newspaper this 21st cember 1918. Leo F. Frommelt City Clerk Sl'ecial Session, December 18, 1978 ORDINANCE NO. 71-78 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 24.3 THEREOF AND ENACTING A NEW SECTION 24.3 IN LIEU THEREOF TO PROVIDE FOR THE REQUIRING OF LICENSES FOR CERTAIN BUSINESS AND FIXING AND ESTABLISHING ANNUAL L1. CENSE FEES THEREFOR, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. ORDINANCE NO. 71-78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BE AMENDED BY RE- Telegraph day of De- 1t 12/21 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, Farrell, King, Wertzberger. Nays - None. pushcart or temporary food-service es- tablishment, one hundred twenty-five dollars ($125.001. 6. For a food-service establishment with annual gross sales of two hun- dred fifty thousand dollars or more, one hundred fifty dollars ($150.00)." Passed, adopted, and approved this 18th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommel; City Clerk Published officially in the Herald Newspaper this 12st cember 1978. Leo F. Frommel City Clerk J $ ! Special Session, December 18, 1978 Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays. None. ORDINANCE NO. 70.78 AN ORDINANCE OF THE CITY OF DU- BUQUE.IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. PEALING ARTICLE II OF CHAPTER 16 THEREOF AND ENACTING A NEW AR- TICLE II OF CHAPTER 16 THEREOF TO PROVIDE FOR THE PAYMENT OF LI- CENSE FEES FOR FOOD.SERVICE ES. TABLISHMENTSAND FIXING AND ES. TABLlSHING ANNUAL LICENSE FEES. 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 and the same is hereby amended by re- pealing Article II of Chapter 16 thereof and adding a new A rtide II of Chapter 16 in lieu thereof to read as follows: "Article II. -Food.Service Establish. ments. Sec. 16.16. License Fees. Each applicant for a license to oper- ate afood-service establishment shall pay the following annual license fees: 1. For a mobile food unit or pushcart, ten dollars ($10.001. 2. Fora temporary food-service estab- lishment per fixed location, ten dollars ($10.00). 3. For a food-service establishment with annual gross sales of under fifty thousand dollars other than a mobile food unit, pushcart or temporary food- service establishment, forty dollars ($40.00). 4. For a food-service establishment with annual gross sales of betweenfif- ty thousand and one hundred thousand dollars other than a mobile food unit, pushcart or temporaryfood-service es- tablishment, seventy dollars ($10.00). 5. For a food-service establishment with annual gross sales of more than one hundred thousand dollars, but less than two hundred fifty thousand dol- lars, other than a mobile food unit, It 12/21 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. ORDINANCE NO. 70.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE- PEALING ARTICLE II OF CHAPTER 16 THEREOF AND ENACTING A NEW AR- TICLE II OF CHAPTER 16THEREOFTO PROVIDE FOR THE PAYMENT OF L1. CENSE FEES FOR FOOD-SERVICE ES. TABLISHMENTSAND FIXING AND ES- TABLISHING ANNUAL LICENSE FEES, presented and read. Member Telegraph day of De- tion for a period of time of not more than twelve consecutive days in con. junction with a single event or celebra- tion. Section 1-102. (h). (;jand (z) shall be deleted. Subsection 1.104 shall be deleted. Subsection 10.101 shall be amend- ed so that the following food-service establishments are exempt from the license requirement: a.food-service operation in schools. b. places used by churches, frater. nal societies and civic organizations which engage in the serving of food not more than ten times per month. Subsection 10.101 shall be amend- ed so that a license issued by the Iowa Department of Agriculture prior to the effective oote of this adoptionshall be valid until its expiration date. Subsection 10.201 shall be amend- ed so that food-service operations in schools and summer camps shall be in- spected at least once every year in- stead of twice every year. Subsection 10-601 shall be dele- ted." Passed, adopted, and approved this 18th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Counci ATTEST: Leo F. Frommelt City Clerk Published officially in the Herald Newspaper this 21st cember 1978. Leo F. Fromme City CLerk 538 541 Sec. 24.116. Identification Tag. Each vending machine licensed un- der the provisions of this article shall bear a readily visible identification tug or decal provided by the licensee, containing his or her business address and phone number, and a company permit number assigned by the regulatory authority. Sec. 24.117. Disciplinary action. A license issued under this article may be revoked by the regulatory au. thority for violation by the licensee of a provision of this article or an ap- plicable rule of the department. In lieu of license revocation. the regulatory authority may require the immediate discontinuance of operation of a ven- ding machine or commissary whene'lr er it finds unsanitary conditions or other conditions which constitute a substantial hazard to the public health. The order shall apply only to the vending machines, commissary or product involved. A person whose li- cense is revoked or who is ordered to discontinue the operation of a vending machine or commissary, may appeal that decision to the secretary. The secretary or the secretary's designee shall schedule and hold a hearing upon the appeal not later than thirty days from the time of revocation or the order of discontinuance. The secretary shall issue a decision immediately following the hearing. Judicialreview may be sought in accordance with the terms of the Iowa Administrative Pro. cedure Act. Sec. 24.118. Inspection. The regulatory authority shall in- spect all vending machine commis- siaries at least once each calendar year, and shall inspect representative vending machines and vehicles as often as deemed necessary to deter- mine compliance with this article and applicable rules of the department. Sec. 24.119. Exceptions to license. The food establishment license reo quired by section 170.2 of the 1977 Code of Iowa or the food service estab- lishment license required by the Iowa food service sanitation code shall not be required for the area where ven- ding machines licensed under this arti- cle are located. " thts one hundred fifty dollars ($150.00). Fees collected by the department shall be deposited in the generalfund of the state. Fees collected by a mu- nicipal corporation shall be retained by it and for its use. Passed, adopted, and approved 18th day of December, 1978. Special Session, December 18. 1978 tion 191A.8 of the 1977 Code of Iowa. Sec. 24.114. Application. An application for a vending ma- chine operator's license shall be made upon a form furnished by the regula- tory authority. The application form shall provide for obtaining informa- tion relating to ownership of commis- saries, location of commissaries, loca. tion of shops and other 'servicing centers, and the total number of licen- sable vending machines by general product type owned and operated by the application and other information required by the secre tary. The oper- ator shall agree in the application to maintain within the jurisdiction of the regulatory authority acomplete list of all vending machines and machine locations operated by the applicant and to make the list available to the regulatory authority at the time of in- spection or auditing. Sec. 24.115. Fees The regulatory authority shall col- lect a fee of two dollars per vending machine for a vending machine oper- ator's license. The vending machine operator's li- cense shalt not be transferable from one person to another, but shall re- quire an immediate application and the payment of a new fee. Fees for a vending machine commis- sary shall be the same as those for a food establishment as set forth in sec- tion 170.5 of the 1977 Code of Iowa or for a food service establishment as follows: 1. For a mobile food unit or push- cart, ten dollars ($10.00). 2. For a temporary food service es- tablished per fixed location, ten dollars ($10.001. 3. For afood service establishment with annual gross sales of under fifty thousand dollars other than a mobile food unit, pushcart or temporary food service establishment, forty dollars ($40.001. 4. For afood service establishment with annual gross sales ofbetweenfif- ty thousand and one hundred thousand dollars other than a mobile food unit, pushcart or temporary food service es- tablishment, seventy dollars ($70.00). 5. For a food service establishment with annual gross saWs of more than one hundred thousand but less than two hundred fifty thousand dollars oth- er than a mobile food unit, pu.shcart or temporary food service establish. ment, one hundred twenty-five dollars ($125.001. 6. For afood service establishment with annual gross sales of two hun. dred fifty thousand dollars or more, i'. i- \ 1 ..; I Special Session, December 18. 1978 processed edible substance, ice, bever- age or ingredient used or intended for use or for sale in whole or in part for human consumption. 5. 'Local board of health' means a county, city or district board of health. 6. 'Machine location' means the room, enclosure, space or area where one or more vending machines are in- stalled and operated. 7. 'Municipal corporation' means a political subdivision of this state. 8. 'Operator'means any person who by contract, agreement or ownership takes responsibility for furnishing, in- stalling, servicing, operating or main- taining one ormore vending machines. 9. 'Potentially hazardous food' means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell fish, edible crustacea or other ingredients including synthetic ingredients;-- in a form capable of supporting rapid and progressive growth or ;'infectious of toxigenic microorganisms. The term does not include clean. whole, uncrack. ed, odor-free shell eggs or foods which have apH level of 4.5 or below ora wa- teractivity (Aw) value of 0.85 or less. 10. 'Regulatory authority' means the state department of agriculture or local board of health that has entered into an agreement with the secretary of agriculture to enforce the food and beverage vending machine laws in its jurisdiction. 11. Vending machine' means any self-service device which upon inser- tion of a coin or token, or by other similar means, dispenses unit serv- ings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. 12. 'Perishablefood'meansanyfood of a type or in a condition which may spoil. Sec. 24.113. License to operate. No person shall operate one or more vending machines until a vending ma- chine operator's license has been ob. tainedfrom the regulatory authority. A license issued by the department of agriculture prior to the effective date of this ordirwnce shall be valid until its expiration date. The annual license shall expire one year from the date of original issuance and is renewable. Vending machines dispensing only ball gum, qr similar nonperishable snacks as prescribed and defined by regulation of the secretary or bottled or canned" S(J/t drinks shall not require a license or be subject to the fee schedule provided in this article, but they may be inspected pursuant to sec- 540 NEW ARTICLE VII OF CHAPTER 24 TO PROVIDE FOR THE LICENSING, AP. PLICATION FOR LICENSING, LI. CENSE FEES, COMMISSARY L1. CENSE FEES, IDENTIFICATION TAG, REVOCATION OF LICENSE. ANNUAL INSPECTION AND EXEMPTIONS RE. LATING TO REGULATING OF FOOD AND BEVERAGE VENDING MA. CHINES LOCATED IN THE CITY OF DUBUQUE, IOWA. presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 72.78 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,IOWA BY ENACTING A NEW ARTICLE VII OF CHAPTER 24 TO PROVIDE FOR THE LICENSING, Ap. PLICATION FOR LICENSING, L1. CENSE FEES, COMMISSARY LI. CENSE FEES, IDENTIFICATION TAG, REVOCATION OF LICENSE. ANNUAL INSPECTION AND EXEMPTIONS RE. LATING TO REGULATING OF FOOD AND BEVERAGE VENDING MA. "CHINES LOCATED IN THE CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi. nances of the City of Dubuque, Iowa be and the same is hereby amended by enac- ting a new Article VII of Chapter 24 of the Code of Ordinances of the City of Du. buque, Iowa as follows: "Article VII. Vending Machines. Sec. 24.112. Definitions. For the purpose of this chapter: 1. 'Commissary' or 'vending ma- chine commissary' means a catering establishment, restaurant or any oth- er place in which food, containers or supplies are kept, handled, prepared, packaged or stored. 2. 'Secretary'means the secretary of agriculture. S. 'Department'means the depart- ment of agriculture. 4. 'Food'means any raw, cooked or 543 que, Iowa, may be obligated by law to per- form on said premises. a. The streets and parking areas lo- cated on Lot A of the Subdivision of Lot 3 of Kelly's Bluff in the City of Dubuque, Iowa, shall be private streets and parking areas and own- ed by Kelly's Bluff Homeowners Association, Inc., and shall be held with other common property shown upon the plan within the jur- isdiction of Kelly's Bluff Home- owner's Association, Inc., and fur- ther providing that the city may en- ter such streets and parking areas to provide necessary emergency services or other services or duties which it may be obligated by law to perform on the premises; that the city may enter the street and per~ form necessary maintenance when- ever the private owner fails to do so, and assess all costs to such owner. b. All assessable costs for main- tenance or services, described herein, performed by the City of Dubuque, Iowa, on or directly ben- efitting Lot A of the Subdivision of Lat3 of Kelly's Bluff in the City of Dubuque, Iowa, shall be assessed against Kelly's Bluff Homeowners Association, Inc., and a-lien upon said real property. Section 5. That in the event Kelly's Bluff Properties, Ltd., shall fail to execute the acceptance provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved by unanimous recorded roll call this 18th day of December, 1978. We, the undersigned Kelly's Bluff Pro- perties, Ltd., having read the terms and conditions of the foregoing Resolution No. 401-78 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 3rd day of January, 1979. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Acceptance of Resolution No. 410.78 Special Session, December 18, 1978 upon said plat. be and the same are here- by accepted; Section 2. That the plat of the Subdivi- sion of Lot 3 of Kelly's Bluff, 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 en- dorse the approval of the City of Dubu- que, Iowa, upon said plat. provided the owner of said property herein named, ex- ecute written acceptance hereto attached agreeing to perform the conditions con" tained herein. Section 3. Kelly's Bluff properties, Ltd., does hereby covenant and agree with the City of Dubuque, Iowa, that Kel- ly's Bluff Properties, Ltd., shall establish an Iowa corporation known as Kelly's Bluff Homeowners Association, Inc.; said Kelly's Bluff Homeowner's Association, Inc., shall be a property owner's associa- tion and provide for the maintenance, im- provement and development of real pro- perty, and improvements and fixtures located thereon, described as: The Subdivision of Lot 3 of Kelly's Bluff in the City of Dubuque, Iowa. The Association's obligations in this re- gard are as set forth in the" Articles of In- corporation of Kelly's Bluff Homeowners Association, Inc.," the "Bylaws of Kelly's Bluff Homeowners Association, Inc.," and the "Kelly's Bluff Homeowners Associa- tion, Inc., Declaration of Restrictive and Protective Covenants and Conditions," copies of which have been submitted with the Plat. Kelly's Bluff Homeowner's As- sociation, Inc., shall have the power to levy charges and assessments against members of said corporation which shall be liens against the property owners by the members of said corporation within "The Subdivision ofLot3ofKelly's Bluff" in the City of Dubuque, Iowa, for the pur- pose of maintaining, developing and im- proving "Lot A of the Subdivision of Lot 3 of Kelly's Bluff" in the City of Dubuque, Iowa, and to a limited extent, "Lots 1, 2, 3, 4, 5 and 6 of the Subdivision of Lot 3 of Kelly's Bluff" in the City of Dubuque, Iowa. Section 4. Lot A of the Subdivision of Lot 3 of Kelly's Bluff in the City of Dubu- que, Iowa, is also known as Common Area which property shall be maintained for the purposes identified on the final de. velopment plan and kept in neat and pro- per order. The City of Dubuque, Iowa, shall have a perpetual easement to enter, and pass over and upon Lot A of the Sub- division of Lot 3 of Kelly's Bluffin the City of Dubuque, Iowa, for such ordinary main- tenance services and emergency services as are regularly and customarily provid- ed by the City of Dubuque, Iowa, in the Ci- ty of Dubuque, Iowa, and for such ser- vices or duties which the City of Dubu- I I I . i I Special Session, December 18, 1978 December 14, 1978 Honorable Mayor and City Council RE: Kelly's Bluff Properties, Ltd., Final Plat - Subdivision of Lot 3 of Kelly's Bluff, West Third Street at Kelly's Bluff The City of Dubuque Planning and Zon- ing Commission has reviewed a final plat submitted by Kelly's Bluff Properties, Ltd., seeking to subdivide Lot 3 of Kelly's Bluff into Lots 1 through 6 and Lot A. The property is located on the south side of West Third Street at Kelly's Bluff as shown on the attached map. In their review, the Commission has found the plats to be in conformance with the Subdivision Ordinance and Zoning Ordinance of the City of Dubuque. The Planning and Zoning Commission has approved the final plat of the Subdivi- sion of Lot 3 of Kelly's Bluff and recom- mends your favorable concurrence. 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 Farrell, King, Wertzberger. Nays. None. Abstain - Council Member Brady. RESOLUTION NO. 410-78 Resolution Approving the Plat of the Subdivision of Lot 3 of Kelly's Bluff in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as The Subdivision of Lot 3 of Kelly's Bluff, in the City of Dubuque, Iowa. WHEREAS, upon said plat appear a streetto be known as Kelly's Bluff, wbich the Owner has previously dedicated to the public forever; and WHEREAS, there are on file in the of- fice of the City Engineer of Dubuque, Iowa, Improvement Plans and accompa- nying specifications showing location and grade of sanitary sewer, water, street pavement, sidewalk and drainage facil- ities within the area shown on said plat; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval endors- ed thereon; 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; NOW THEREFORE. BE IT RE- SOLVED BY THE C1TY COUNC1L OF THE CITY OF DUBUQUE. lOW A: Section 1. That the dedication of easements for utilities as the same appear Telegraph day of De- It 12/21 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member King. Camed-by the following vote: Yeas - Mayor Tully, Council Members Brady, FarrelL King, Wertzberger. Nays - None. RESOLUTION NO. 409.78 WHEREAS the sixty-seventh General Assembly of Iowa enacted Senate File 365 regulating inspection and licensing of food service establishments, food estab- lishments, food and beverage vending machines and hotels and motels; WHEREAS the Iowa State Secretary of Agriculture may enter into contract with qualified departments to perform this service for food service estab- lishments, vending machines and hotels and motels; WHEREAS the City of Dubuque Code has been amended by comply with the new statutory provisions; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE: That the memoramdum of understand- ing between the Department of Ag- riculture, State of Iowa and City of Dubu- que, Iowa be approved and the Mayor and Clerk be directed to execute said memorandum to be effective January 1, 1979. Passed, adopted, and approved this 18th day of December,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell~ King, W ertzberger. Nays - None. 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 Herald Newspaper this 21st cember 1918. Leo F. Fromme City Clerk 542 545 RESOLUTION NO. 414.78 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 "B" (HOTEL. MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. (Also Sunday Sales) 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Norene J. Millman (Also Sunday Sales) 601 Rhomberg Ave. Jeffery T. Maggio, Terry Steiner, Greg- ory J. Adams, 1064 University Ave. Garry J. Heiar, 1413 Rockdale Road Passed, adopted, and approved this 18th day of December, 1978. Thomas A. Tully Jr. Mayor Richard Wertzherger 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 W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 415.78 Amending Local Public Works Projects WHEREAS, the City of Dubuque is un- dertaking nine separate Local Public Works Projects under an $1,800,000 grant, and WHEREAS, certain of the projects have had overruns in projected costs, and WHEREAS, other projects have had underruns which caD be used to offset the overruns, and WHEREAS, the Economic Develop- ment Administration has tendered to the City of Dubuque aD amendment to the Grant Agreement to permit the transfer of funds among the various projects, NOW THEREFORE BE 1T RE- SOLVED BY THE CITY COUNC1L OF THE C1TY OF DUBUQUE: Section 1. That the amendment to the Grant Agreement for the nine Local Pub" Special Session, December 18, 1978 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. Raymond Harkey, 1122 Dodge Street Angel Investments Co., 2699 Rockdale Road Richard B. Winsor, 253 Main Street Passed, adopted, and approved this 18th day of December,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 W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. RESOLUTION NO. 413.78 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW. THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fol. lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Clarke College of Dubuque, Iowa, 1550 Clarke Drive CLASS "C" BEER PERMIT Earl John Tegeler (Also Sunday Sales) 2311 Windsor Ave. Osco Drug, Inc., 703 Main Street Passed, adopted, and approved this 18th day of December, 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 Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. i , Special Session, December 18, 1978 tion be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. RESOLUTION NO. 411.78 Establishing a Community Develop. ment Commission for the City of Dubu. que WHEREAS, the City Council of the Ci- ty of Dubuque under date of October 20, 1975 established a Community Develop- ment Commission to assure that a fair cross section of the residents of the City fully participated in the planning and car- rying out of the Community Development Block Grant Program; and WHEREAS, pursuant to the recom- mendation of a Boards and Commissions Study Group, City Council under date of October 2, 1978 adopted Resolution No. 335-78 reducing the membership of the Community Development Commission; and WHEREAS, the Community Develop- ment Commission has made certain other changes in their bylaws to further im- prove the performance of their respon- sibilities; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to amend the bylaws of the Community De- velopment Commission; NOW. THEREFORE BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the bylaws of the Com- munity Development Commission attach- ed hereto as Exhibit A and made a part hereof are hereby approved. Section 2. That the bylaws of the Com- munity Development Commission here- tobefore in effect are hereby repealed and declared to be null and void. Passed, adopted, and approved this 18th day of December,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 - Council Member Brady. RESOLUTION NO. 412.78 BE IT RESOLVED. by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provi- 544 KELLY'S BLUFF PROPERTIES. LTD. By Wayne A. Norman, President By Wesley W. Heitzman, 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 Farrell, King, Wertzberger. Nays - none. Abstain - Council Member Brady. Petition of the Colts Drum & Bugle Corps requesting that the scope of study of Roosevelt Park include a football field to be used for football, soccer, rugby and practice sessions for the Colts Drum & Bugle Corps, presented and read. Council Member Wertzberger moved that the pe- tition be referred to the Council, Park Board and Recreation Commission. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Phone-A-Friend Crisis Line submitting a progrm propo- sal, staffing patterns for other Informa- tion and Referral Services; Task schedule acceptance thereof has been recommend- ed to provide 24 hour service, presented and read. Council Member Wertzberger moved that the communication be receiv- ed and filed and referred to Council and Staff. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of United Way seeking positive acceptance of a proposal for con- sideration of a financial plan to establish a comprehensive information and referral service for this area, and requesting City participation in the funding of approx. $50,000. to join with the County & United Way, presented and read. H. Spencer Smith, Chairman of United Way, and Lee Thacker, United Way Executive Director spoke to the communication. Council Member Werzberger moved that the communication be received and filed and referred to Council and Staff. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Community Devel- opment Commission submitting a resolu- tion necessitated due to the fact that the Commission has reduced its membership which calls for a change in the by laws, presented and read. Council Member Wertzberger moved that the communica- 547 1979 1979 Members Special Session, December 18, 1978 Counc' Approved. Adopted ATTEST: City Clerk Recommending settlement of car damage claim of Thomas J. Tujetsch, in the amount of $110.; Recommending settle- ment of car damage claim of H. L. Eich- horn, in the amount of $94.71, presented and read. Council Member Wertzberger moved that the recommendations of set- tlement be approved and City Auditor di- rected to issue proper warrants. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communications of City Manager sub- mitting the audit for Community Devel- opment Block Grant Program ending June 30, 1978 and City Audit from July 1, 1977 thru June 30, 1978, presented and read. Council Member Wertzbergcr maY" cd that the communications be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Public Notice that a report has been submitted to the Bureau of Cen- sus on actual expenditures of Revenue and Antirecession Assistant Funds en- ding June 30, 1978, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Joseph Lytle of Hawkeye Security Agency requesting they be hired for security purposes at Mu- nicipal Airport even though they were higher than the low bid; further re- questing City hold-off signing of contract until they can be reviewed, presented and read. Les Schaffert of Pinkerton Inc., spoke to the communication. Council Member Wertzberger moved that the communication of Joseph Lytle be referred to the City Manager, Airport Commission and City Solicitor for report to the Council. Seconded by Council Mem~ ber Brady. Carried by the following vote: Y eas ~ 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: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. :F'rommelt City Clerk Special Session, December 18, 1978 Transportation Center Feasibility Study be Barton"Aschman Associates; Phase II is now in process and scheduled for com- pletion by January 15, 1979, 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: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays" None. Minutes Submitted - Dock Commis- sion of their meeting of 10-4, 11-8 & 11-15, Five Flags Center Commission of 12-5, Historical Preservation Commission of 11-28, Community Development Commis- sion of 11-27 & 12-11, Playground & Re- creation Commission of 11-20, Transit Trustee Board of 11-9 and DMATS of 11-16, presented and read. Council Mem- ber Wertzberger moved that the minutes 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. Notices of Claims - George Charles Vogel, in the amount of $10,000., for per- sonal injuries received in a fall by step" ping into a hole along the curb at 12th & Bluff Sts. on October 12, 1978; Janice Ro- wan, in an undetermined amount, for per- sonal injuries received in a fall in the City Hall on December 4, 1978; Rose Stauden- raous, in the amount of $115.27 for car damage incurred as the result of driving over a manhole cover causing car to slide at Hill & Solon Sts.on Dec. 1, 1978; Robert Eichman, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 1042 Main St., on Dec. 1, 1978; Emma C. Langkamp, in an undeter- mined amount, for personal injuries re- ceived in a fall in the 700 block of W. Third St. on Nov. 25, 1978; Mr. & Mrs. Roger Hess, in amount of $55.00., for expense in- curred as the result of a backed-up sewer at 10 Milwaukee St.on Nov. 13, 1978; No- tice of Petition for order of Mandamus for cause of action in demanding written re- ports or communications relative to rela- ting to the Wastewater Treatment Sys- tem of the City, also first Amendment to the petition, 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 'fully, Council Members Brady, Farrell, King, Wertzberger. Nays - None_ Communications of City Attorney re- commendin~ settlement of Suit of Mary C. Folsom, for personal injuries received on May 28, 1977 in the amount of $313.80; ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - none. Abstain - Mayor Tully. Communication of Ass't. City Manager advising that the Dubuque County Tem- porary Land Preservation Policy Com- mission terminates by law effective Jan. uary 1, 1979, 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: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of Ass't. Zoning Ad- ministrator advising of conditional use permits issued to Ryan Building Co., Wallis Co., Margaret Winter Gindorff, Richard Muller, Larry Wolff and YMCAI YWCA, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Iowa D.E.Q. submit- ting a set of rules for requirements of a local public works department desiring authority to permit sewer & water supply distribution system extensions, re- questing that Council and engineering be considered for comment, presented and read. Council Member Wertzberger mov- ed that the communication be referred to Council, City Manager and Engineering Staff. Seconded by Council Member Far- relL Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell. King, W ertzberger. Nays - None. Communication of DOT submitting a copy of Phase I Report for. the Ground lie Works Projects be and is hereby ap- proved. Section 2: That the Mayor be and is hereby authorized and directed to exe- cute on behalf of the City of Dubuque, the Amendment to the Grant Agreement. Passed, adopted, and approved this 18th day of December, 1978. Richard Wertzberger Mayor Pro-Tem D. Michael King James E. Brady Carolyn Farrell Council Members :.:--~...._-;.."...,.,....., 546