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Y Roll_37 Part 4Regular Session, August 1, 1977 South Locust from Railroad to Dodge Street. The total construction cost is esti mated to be $5K,126.20, of which the Department of Transportation's share is $36,989.40. I would recommmend that we execute the agreement to allow for the partici- pation, and have enclosed a resolution authorizing the same. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and fil- ed. Seconded by Councilman Pregler. Carried by the following vote: Yens Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays -Councilman BradN RESOLUTION NO. 311.77 Resolution authorizing execution of agreement between City of Du- buque, Iowa and Iowa Department of Transportation relating to the paving of South Locust from Railroad Aven• ue to Dodge Street. That the Mayor and City Clerk he and they are hereby authorized and directed to execute agreement number 77-11-007 with the Iowa Department of Transportationn, two copies of which are attached, relating to the paving of South Locust Street. Passed adopted, and approved this 1st day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by councilman Pregler. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Pregler, Tully. Wertzberger. Nays -Councilman Brady. To the Honorable Mayor July 27, 1977 and City Council 1 hereby submit 1 he plans and speeifi. cation for 20th Street Traffic Signals from Central Avenue to Elm Street. Gilbert 1). chavenelle City Manager Mayor Stackis moved that the com munication he received and filed. Se Bonded by councilman Pregler. Carried by the following vole: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays none. st 1. 1977 421 RESOLUTION NO.312.77 Preliminary Estimate and approved of plans, spec., etc. for construction of 20th Street Traffic Signals from Cen- tral Ave. To Elm Street, in the estimat- ed amount of $42,191.99, presented and read. Mayor Stackis moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote:Yeas-Mayor Stackis, Councilmen Brady,Pregler, Tully, Wertzberg. er. Nays -none. RESOLUTION NO. 313-77 WHEREAS, proposed plans, speci- fications, form of contract have been du- ly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the pro- posed improvement for the 20th Street Traffic Signals from Central Avenue to Elm Street. BE IT THERFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein - mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk ob- jections to the proposed improvement, they shall be deemed to have waived all objections thereto. Said improvement shall he construct- ed and done in accordance with the plans and specifications which have been pre- pared therefore by the City Engineer which have been approved by the City Council and are now on rile with the City Clerk. That the cost and expenseof making said improvement will be paid from the Road Ilse Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 1st day of August, 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved approval of the W -solution. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, 1'regler, Tully, Wertzberger. Nays none. 422 Regular Session, August 1, 1977 (Fixing Date of Hearing) RESOLUTION NO. 314-77 WHEREAS, the City Council of the City a y approval ppro Dubuque, the proposed plans, pre- liminary app specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 20th Street Traffic Signals from Central Ave- nue to Elm Street. BE IT THEREFORE RESOLVED that on the 15th day of August. 1977, it public hearing will be held at 7:30 p.m. in the Coun- cil Chamber of the City of Dubuque at which time the objectors for the proposed im- provement may appear and make objec- tion to the proposed plans and specifica- tions and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a no- tice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque which shall be not less than four 141 days nor more than twenty (20) days prior to the day fixed for its consideration of the aforementioned improvement. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: I.eo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 315-77 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the fol- lowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be grant- ed a permit to sell Cigarettes and Cigar. ette Papers within said City. Donald Plumley, 1122 Dodge St. Hazel Koeller, 2987 Jackson St. Passed, adopted, and approved this Ist day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the rollowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. RESOLUTION NO. 318.77. WHEREAS, applications for Beer Per- mits have been submitted to this Council for approval and the same have been ex- amined: NOW THEREFORE IT BE RESOLV- ED BY THE City Council of the City of Dubuque, Iowa, that the following appli- cations he granted and permits issued up- on the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Women's Recreation Association, Inc. (Also Sunday Salesl McAleece Field John P. Frangos (Also Sunday Salesl 1236 Iowa Street Saint Columbkille Church (Also Sunday Sales)1240 Rush Street The Church of the Nativity (Also Sunday Sales) 1225 Alta Vista St. CLASS "C" BEER PERMIT Thomas Astgen, Sunday Sales, 1101 Rhom- berg Ave. Dubuque Packing Company. 16th & Sy- camore St. Hartig Drug Co., Sunday Sales, 2225 Cen- tral Avenue Hart.ig Drug Co., Sunday Sales, 225.5 John F. Kennedy Hartig Drug Co., Sunday Sales, 97 Locust Street Beecher Co., Inc.. Sunday Sales. 1691 Asbury Road Beecher Co.. Inc., Sunday Sales, 2399 White Street Lucky Stores, Inc., Sunday Sales. 1800 Elm Street Lucky Stores. Inc., Sunday Sales, 3033 Asbury Road Lucky Stores, Inc.. Sunday Sales. 200 South Locust St. Lucky Stores, Inc., Sunday Sales, 3049 As- bury Road Ralph J. Grabow, Sunday Sales, 1050 Uni- versity Ave., Vivian Heinz. Sunday Sales, 3301 Penn- sylvania Ave. Furl Schumacher. Sunday Sales. 2204 Cen- tral Avenue Thompson's Food markets, Inc., Sunday Sales, 1256 Iowa Street Thompson's Food Markets, Inc., Sunday Sales, 51 West 32nd St. Thompson's Food Markets, Inc., Sunday Sales, 1545 South Grandview Randall's International, Inc., Sunday Sales. 2600 Dodge St. Randall's International, Inc., Sunday Sales, 2013 Central Ave. Regular Session, August 1, 1977 423 Passed, adopted, and approved this 1st day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 317-77 WHEREAS, applications for Beer Per mits were filed by the within named ap- plicants and they have recei%ed the approval of this Council: and WHEREAS, the premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds: NOW THEREFORE HE IT RESOLV- ED BY THE City Council of the City of Dubuque. Iowa, that the Manager be au thorized to cause to he issued to the fol- lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Women's Recreation Association, Inc. (Also Sunday Sales) McAleece Field John P. Frangos (Also Sunday Salesl 1236 Iowa Street Saint Columbkille Church (Also Sunday Sales) 1240 Rush Street The Church of the Nativity (Also Sunday Sales) 1225 Alta Vista St. CLASS "C" BEER PERMIT Thomas Astgen, Sunday Sales, 1101 Rhom- herg Ave. Dubuque Packing Company. 16th & Sy- camore St. Hartig Drug Co., Sunday Sales, 2225 Cen- tral Avenue Hartig Drug Co., Sunday Sales, 2255 John F. Kennedy Hartig Thug Co., Sunday Sales, 07 Locust Street Beecher Co.. Inc.. Sunday Sales, 1691 Asbury Road Beecher Co., Inc., Sunday Sales, 2399 White Street Lucky Stores, Inc., Sunday Sales, 1800 Elm Street Lucky Stores, Inc., Sunday Sales, 3033 Asbury Road Lucky Stores, Inc., Sunday Sales,'2W South Locust St. Lucky Stores, Inc., Sunday Sales, 3049 As bury Road Ralph J. Grabow, Sunday Sales,1050 Uni versity Ave., Vivian Heinz, Sunday Sales. 3301 Penn svlvania Ave, Earl Schumacher, Sunday Sales, 2204 Cen- tral Avenue Thompson's Food markets. Inc., Sunday Sales, 1256 Iowa Street Thompson's Food Markets, Inc., Sunday Sales, 51 West 32nd St. Thompson's Food Markets, Inc., Sunday Sales, 1545 South Grandview Randall's International, Inc., Sunday Sales, 2600 Dodge St. Randall's International, Inc., Sunday Sales, 2013 Central Ave. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Year -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 318-77 WHEREAS, applications for Liquor Licenses have been submitted to this Coun- cil for approval and the same have been examined; NOW THEREFORE BE IT RESOLV- ED BY THE City Council of the City of Dubuque, Iowa, that the following appli- cations be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Stephen Noonan, (Also Sunday Sales), 1298 Main Street John Glynn, 760 East 16th Street James J. Klauer, 1646 Asbury Road Pete S. Sfikas, (Also Sunday Sales), 401 405 Central Avenue Super Market, Corp.. Sunday Sales, 1101 Central Avenue Larry Kratzer, Sunday Sales, 2417 Rhom- berg Avenue Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk 424 Session, August 1. 1977 Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 319.77 WHEREAS, applications for Liquor I.,icenses were filed by the within named applicant's and they have received the approval of this Council; and WHEREAS, the premises to he occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV. ED BY THE City Council of Dubuque, Io- wa, that the Manager be authorized to cause to be issued to the following nam- ed applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIOUOR LICENSE Stephen Noonan, (Also Sunday Sales'. 1296 Main Street John Glynn, 760 East. 16th Street James J. Klauer, 1646 Asbury Road Pete S. Sfikas, (Also Sunday Sales), 401 405 Central Avenue Super Market. Corp., Sunday Sales. 1101 Central Avenue Larry Kratzer. Sunday Sales, 2417 Rhom herg Avenue Passed, adopted, and approved this lsl day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 320.77 WHEREAS, Interstate Power Com pany has requested as of July 28, 1977, an increase in electrical rates, i.e. 20.701) for residential use, 13.6% for farm use, 12.9% for commercial, 16.7% industrial and 31.8010 for bulk industrial; and WHEREAS, The City of Dubuquehas negotiated a nonexclusive franchise with Interstate Power Company which was rat iiied by the electorate; WHEREAS, Interstate Power Com- pany has distributed to all of its custom ers a letter of explanation, stating high construction costs of its Lansing. Iowa gen erating plant as the basis of necessitating such an increase; and WHEREAS, the requested percentage of increase is unrealistic and expensive. NOW THEREFORE, BE IT RESOLV- ED BY THE City Council of the City of Dubuque, Iowa that: 1. The rate increase of 20.7% per resi- dential user is indeed incomprehensi- ble, and will place a financial burden on many citizens without returning 20.7% worth of service improvements. 2. That the City Attorney is hereby au- thorized to investigate this situation, and if he deems it advisable, to file an objection with the Iowa state Com- merce Commission on behalf of the cit- izens of Dubuque, and to represent such objections in the event a hearing is held. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution as Amended. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays -Councilman Wertzberger. To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa 1975 the Civil Service Commission conducted writ- ten exams on June 29, 1977 and physical agility tests on July 13,1977 for applicants to the Police Department. The following named applicants are hereby certified are to be considered for appointment in the following order: Avenarius, Daniel Klosterman, Michelle Kluck, Kenneth Russett, Steve Danner, Robert Schmeichel, Thomas Sr. Ritzman, Jeff Chapman, Michael Ginter, Kenneth Morris, Scott We also have a second list of ten per sons who have passed the required exam inations in reserve. These are listed next highest in standing in order of their grade Session, August 1, 1977 425 and can be certified. if the above list is exhausted within one year. Respectfully submitted. Carolyn Farrell, RVM Chairperson John E. Hess Civil Service Commissioners ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to before me this 1st day of August 1977. Z.D. Hantelmann i Notary Public in and for Dubuque County, Iowa Mayor Stackis moved that the commu. nication be received and made a matter of record. Seconded by Councilman Wertz. herger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler. Tully. Wertzberger. Nays none. Honorable Mayor July 26, 1977 and City Council We would appreciate the opportunity to discuss the purchase and sale of sever- al parcels of real estate during an Execu- tive Session with members of the City Council. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communicat4on be received and filed. Sec- onded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Councilman Tully moved to rescind the appointment of Rev. Karl Schroeder and reappoint Ken Pease for a six year term to the Library Board. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. At 9:43 p.m. Councilman Wertzberger moved to go into Executive Session to discuss purchase and sale of real estate. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Councilman Reconvened in Regular Session at 10:22 p.m. Mayor Stackis moved that the City Manager be directed to con- tinue investigation of the Trenkle prop- erty and made an offer to buy. Seconded by Councilman Tully. Carried by the fol- lowing vole: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. There being no further business, Coun. cilman Wertzberger moved to adjourn. Seconded by Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Leo F. Frommelt City Clerk Approved February 20,1978 Adopted February 20, 1978 426 Session, August 15, 1977 CITY COUNCIL OFFICIAL Special Session, August 15. 1977. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Stackis. Council- men Brady, Pregler, Tully, Wertzber. ger. City Manager Gilbert D. Chaven- elle. Mayor Stekis read the call and stated that service thereof had been duly made and this meeting is called to CONDUCT A PUBLIC HEARING ON THE RES- OLUTION OF NECESSITY FOR THE CONSTRUCTION OF SUNSET RIDGE DRIVE ASPHALT PAVING and acting upon such other business as may proper- ly come before a regular meeting of the Council. Invocation was given by Rev. Wm. C. Kunsch, Pastor of St. Patrick's Catholic Church. Proclamations proclaiming period of Sep- tember 4th to September 5th as "Jerry Lewis Muscular Dystrophy Telethon Weekend", Knights of Columbus proclaim- ing "Mentally Handicapped Health Week" week of September 12th and American Federation of Labor proclaiming week of September 5-10, 1977 as "Union Label Week", were read and approved and signed by Mayor Stackis. Communication of Housing Commis sion submitting minutes of their meet ing of July 19,1977, presented and read. Councilman Brady moved that the minu- tes be received and filed. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Housing Rehabili tation Commission submitting minutes of their meeting of July 26. 1977, present ed and read. Councilman Brady moved that the minutes be received and filed. Seconded by Councilman Pregler. Car ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Youth Services sub- mitting quarterly report for period end- ing July, 1977, presented and read. Coun- cilman Brady moved that the report be received and filed. Seconded by Coun. cilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none, Communication of Five Flags Civic Center Commission submitting minutes of their meeting of August 2, 1977, pre- sented and read. Councilman Brady moved that the minutes be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Five Flags Civic Center Fund Executive Committee sub mitting minutes oft heir meetingof August 5,1977, presented and read. Councilman Brady moved that the minutes be receiv- ed and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Board of Dock Com- missioners submitting minutes of their meeting of July 8, 1977, presented and read. Councilman Brady moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of July 12, 1977, presented and read. Councilman Brady moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Communication of Dubuque Citizens Advisory Commission submitting minutes of their meeting of July 26,1977, presented and read. Councilman Brady moved that the minutes be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Planning & Zoning Commission submitting minutes of their meeting of August 3, 1977, presented and read. Councilman Brady moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Dubuque County En- gineer advising of public hearing on the vacation of Garnet Avenue on August 29, 1977, presented and read. Councilman Preg- ler moved that the City Manager and Staff be authorized to attend the hearing and voice objection to the vacation. Seconded by Councilman Tully. Carried by the fol- lowing by the following vote: Special Session, August 15,1977 427 Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Communication of Mike Fitschen sub- mitting his opinion on t he use of keg beer in the City Parks, presented and read. Mayor Stackis moved to suspend the rules to let anyone present address the Coun- cil if they so desire. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Mike Fitschen addressed the Council relative to the communication. Council- man Wertzberger moved that the commu- nication be received and filed and refer- red to the Council and Park Board. Sec. onded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Communication of W illiam H. Lane re- questing Council action on the problem of excessive noise and speeding of motor- cycles on Kaufmann Ave., presented and read. Police Chief O'Brien and Health Ad- ministrator Roth spoke to the communi- cation. Mayor Stackis moved that the com- munication be received and filed and re- ferred to the City Manager, Traffic De partment and Chief of Police. Seconded by Councilman Wertzberger. Carried by the following vote: Yens -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Communications of Iowa D.E.Q. advising of issuance of water main extension con- struction permits to Terrace Estates Subd., Stone Hill Community Block 8 Phase I, and Lots 30.53 Hawkeye Estates, presented and read. Councilman Pregler moved that the communications be re- ceived and filed. Seconded by Council. man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of State Historical De- partment of Iowa advising that Wash- ington Park has been entered in the Na- tional Register of Historic Places, pre- sented and read. Councilman Pregler moved that the communication be receiv- ed and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yens -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of Peoples Natural Gas advising of authority granted by Iowa State Commerce Commission to change its new customer connection pro- cedures; also communication advising of putting into effect. its general rate in. crease on June 26, 1977, presented and read. Councilman Pregler moved that the communications be received and fil- ed. Seconded by Councilman Wertz. herger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Theresa Cieciarelli submitting her resignation as a member of the Board of Adjustment, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Communication of Thomas D. Felder - man and Richard N. Smith indicating a de- sire to purchase two city owned lots to 550 W. 8th Street, presented and read. Councilman Pregler moved that the com- munication be referred to City Manager for recommendation and report. Second- ded by Councilman Wertzberger. Car- ried by the following vote: Yeas -Mayor Stackis, Counc7men Brady, Pregler. Tully, Wertzberger. Nays -none. August 1. 1977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Wat- er Superintendent, Health Department, as well as a list of claims paid, for the month of June 1977. Gilbert D. Chavenelle City Manager Coundlman Pregler moved that the com- munication be received and riled. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Expenditures, also list of claims for July. 1977, presented and read. Council- man Pregler moved that the proof of pub- lication be received and riled. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 1. 1977 Honorable Mayor and City Council 1 return to you the petition of Mr. and 428 Special Session, August 15,1977 Mrs. Jerry Gehrke requesting the vaca- tion of a portion of Wilderness Road. I recommend that the petition be de- nied because of possible future public use of the land in the vacation proposal I have written to Mr. and Mrs. Gehrke informing them of my recommendation and that the proposal would be consider- ed at the Council meeting August 15th. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayo' Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of Planning & Zoning submitting their findings on the H.R.W. Associates petition requesting a C-6 Plan- ned Commercial District on Lots 3, 4, 5. 6, 1 of 7 in Block 21A, Key Knolls Subd. recommending that the petition and Com- mission's recommendation be tabled to a specified future date to permit review of traffic and street problems, presented and read. Attorney Bertsch represent- ing H.R.W. Associates requested a public hearing he held on zoning request from a C-3 to a C-6 Zoning Classification. Coun- cilman Pregler moved that the communi- cation be referred to a Council Meeting to be held on August 31,1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of the Finley Hospital submitting $3500 toward City expense incurred relative to a proposed revenue bond issue and requesting consideration of adoption of a resolution setting date for a public hearing, presented and read. Mr. Jack Samuels, Consultant for Finley Hospital, Melvin M. Graves, Jr., and E. Marshall Thomas addressed the Council relative to the communication stating monies for surgery are in trust account; Project now does include a surgical suite; Bond issue will have a described project. Councilman Wertzberger moved that the communication be received and filed. Sec- onded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 321.77 RESOLUTION fixing a date for hearing on proposed Hospital Facility First mortgage Refunding and Improve. ment Revenue Bonds (The Finley Hospital Project), Series 1977 WHEREAS, the City of Dubuque, a municipality and political subdivision in the ('minty of Dubuque, State of Iowa (the "City" lisaut.horized by Chapter 419 of the Code of Iowa, as amended ithe "Act") to issue revenue bonds and loan the proceeds to one or more contracting parties to he used to pay the cost of land, buildingsand improvements suitable for the use of any voluntary nonprofit hospi tal: and WHEREAS, the City is further au- thorized and empowered by the provi- sions of the Act to Issue its refunding bonds to refund its bonds theretofore is sued under the Act: and WHEREAS. The Finley hospital, and Iowa nonprofit corporation (the "Cor. poration" ), presently owns and operates a voluntary nonprofit hospital (the "Hos• pital") within the corporate limits of the City: and WHEREAS, on May 13,1975 the issu- er issued its $4,250,000 principal amount of Hospital Facility First Mortgage Re venue Bonds (The Finley Hospital Pr- oject) Series A (the "Seris A Bonds" Wat- ed January 1, 1975, all of which are cur- rently outstanding, for the purpose of loaning funds to the Corporation to fi. nance part of the cost of certain build- ings and improvements suitable for the use of the Hospital; and WHEREAS, it is deemed necesary and advisable that Hospital Facility First Mortgage Refunding and Improve- ment Revenue Bonds (The Finley Hospi- tal Project) Series 1977 of the Issuer in a principal amount not to exceed $10,750.000. (the "Series 1977 Bonds") should be issued to refund in advance all of the Series A Bonds and to finance part of the cost of additional buildings and im- provements suitable for the use of the Hospital: and WHEREAS, the issuance of the Ser- ies 1977 Bonds will promote the general health and welfare of the inhabitants of the city: and WHEREAS, it is first necessary to conduct a public hearing on the proposal to issue the Series 1977 bonds, as requir- ed and provided by Section 419.9 of the Act: NOW, THEREFORE. Be it Resovled, by the City Council of the City of Dubu- que, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 6th day of September, 1977, at 7:30 o'clock p.m., at which time and place a public hearing shall be held on the proposal to issue the Hospital Fa. cility First Mortgage Refunding and Im- provement Revenue Bunds (The Finley Hospital Project), Series 1977, in the Special Session, August 15, 1977 principal amount of not exceeding $10,750.000., as referred to in the pream- hle hereof, and at which hearing all local residents who appear shall he given an opportunity toexpress their views for or against the proposal to issue the Series 1977 Bonds. Section 2. The City Clerk is hereby directed to give notice of intention to is- sue the Series 1977 bonds by publication atleast once not less than fifteen(15) days prior to the date fixed for the hear- ing in The Telegraph Herald, a legal newspaper published and having a gen- eral circulation within said city, in sub- stantially the following form: Notice of Intention to Issue Hosptial Facility First Mortgage Refunding and Improvement Revenue Bonds The City Council of the City of Dubu- que, in Dubuque County, Iowa, will meet on the 8th day of September. 1977, at the Council Chambers in the City Hall. Du- buque. Iowa, at 7:30 o'clock p.m. for the purpose of conducting a public hearing on the proposal to issue Hospital Facility First Mortgage Refunding and Improve- ment Revenue Bonds (The Finley Hospi- tal Project 1, Series 1977, of said City, in the principal amount of not exceeding $10,750,000, for the purpose of refunding in advance the City's currently outstan- ding $4,2.50.000 principal amount of Hos- pital Facility First Mortgage Revenue Bonds (The Finley. Hospital Project), Series A. and defraying a portion of the cost of the acquisition of certain building and improvements suitable for the use of the voluntary nonprofit hospital operated by The Finley Hospital. The series 1977 bonds, when issued, will be limited obligations and will not con- stitute general obligations of said City nor will they be payable in any manner by taxation, but said Series 1977 Bond will be payable solely and only out of the revenues to be derived by said City from a loan Agreement between said City and The Finley Hospital. At the time and place fixed for said public hearing all local residents who ap- pear will be given an opportunity to ex- press their views for or against the pro- posal to issue said bonds. By order of the City Council August 15, 1977. Leo F. Frommelt City Clerk Section 3. The City shall under no cir- cumstances be obliged to issue the Ser- ies 1977 bonds unless the City shall be assured that the project involving addi- tional buildings and improvements for the Hospital is financially feasible and it has in hand a firm commitment for the 15,1977 429 purchase of the Series 1977 Bonds upon terms satisfactory to the City. Section 4. That all resolutions or parts thereof in conflict herewith he and the same are hereby repealed. and this resolution shall he effective forthwith upon its passage and approval. Passed and approved August 15.1977. F.mil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady,Pregler. Tully, Wertzberger. Nays -none. July 29, 1977 Honorable Mayor & City Council Claim was filed on June 21, 1977, by Wayne V. Hamilton of Gardners Lane. Dubuque. Iowa claiming damages to his motor vehicle allegedly oecuring on June 21. 1977 as the result of striking a raised manhole cover on Judson Street. This matter was referred to the City Attorney who made an investigation thereof, and referred same to the con- struction contractor doing the construc- tion at said site and that said contractor has advised the undersigned that said matter has been amicably disposed of at no cost to the City. It is therefore the recommendation of the City Attorney that the claim of Wayne V. Hamilton be denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Wertzberger moved that the communication he received and filed and recommendation of denial he ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Notice of Car Damage Claim of James W. Grant, in the amount of $83.49, for tire damage incurred as the result of striking a protruding object from the curb at &M Merz Street on July 28,1977, presented and read. Councilman Pregler moved that the Notice of Claim be refer- red to the city Attorney for investiga- tion and report. Seconded by Coun- cilman Wertzherger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Notice of William R. Bartmann, At. torney as representative of Richard & 430 Special Session, August 15,1977 Dianne Tuthill, relative to a motorcycle accident at 12:00 a.m. at intersection of l,oras & ilnivemity due to accumulation of gas & oil in the street on July 19,1977, presented and read. Councilman Pregler moved t hat t he Notice he referred to t he City Attorney for investigation and report. Seconded by councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Notice of Car Damage Claim of Dorothy M. Schroeder, in the amount of $128.75, for damage incurred as the result of a city water break at 2344 Cen- tral Ave. on July 30.1977, presented and read. Councilman Pregler moved that the Notice of Claim he referred to the Ci- ty Attorney for investigation and re- port. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Edward Matous. in an undetermined amount, for expense and property damage incurred as the result of a backed -up sewer at 2175 Roosevelt street on August 1, 1977, presented and read. Councilman Pregler moved that the Notice of Claim he refer- red to the City Attorney for investiga- tion and report. Seconded by councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Property damage claim of James C. Nesler, in the approx. amount of 5600., for broken plate glass window in the mall, as the result of operation of a grass mower in the Plaza on July 16, 1977, presented and read. Councilman Pregler moved that the Notice of Claim be referred to the city Attorney for in. vestigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Notice from small claims court by Lorice Inc., in the amount of $991.35, for reasonable costs of expenses to properly clear land for development of downtown Urban renewal Project lot, work to have been done by the City pursuant to con- tract with I,orice, presented and read. Councilman Pregler moved that the Notice he referred to the City Attorney for investigation and report. Seconded by councilman Wertzherger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler. Tully. Wertzherger. Nays -none. Notice of Suit of Jeanette Scheuring, in the amount of $10,000., for personal in. juries received on a defective sidewalk on Central Ave. between 14th and 15th Streets on September 29. 1976. present- ed and read. Councilman Pregler moved that the Notice of suit he referred to the City Attorney for investigation and re- port. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Notice of Suit of Edward John Are ndt, in the amount of $..W,000., for per conal injuries received in a fall in an icy intersection of Westridge & Penn- sylvania Ave. on March 5, 1976, pre- sented and read. Councilman Pregler moved that the Notice of suit he referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Public hear- ing to amend Zoning Ordinance by estab- lishing a Planned knit Development in O'Neill's Riverview, Mineral Lots 323 and 324, presented and read. No written objections were filed and no oral objec tors were present in the Council Cham- ber at the time set for the hearing. Coun- cilman Wertzherger moved that the pro- of of publication be received and filed. Seconded by Councilman Pregler. Car ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzherger. Nays -none. ORDINANCE NO. 56-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE. IOWA", WHICH AMENDMENT SHALL ES- TABLISH A "PLANNED UNIT DE- VELOPMENT" DESIGNATION ON PROPERTY HEREINAFTER DE- SCRIBED LYING IN AN R•4 RESIDEW TIAL DISTRICT ON PORTIONS OF MINERAL LOT 323, MINERAL LOTS 324, AND O'NEILL'S RIVERVIEW AD- DITION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of July 18, 1977, presented for final adoption. ORDINANCE NO. 56.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF. ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," WHICH AMENDMENT SHALL ES- TABLISH A "PLANNED UNIT DE. VELOPMENT" DESIGNATION ON PROPERTY HEREINAFTER DE- SCRIBED LYING IN AN R-4 RESIDEN. TIAL DISTRICT ON PORTIONS OF MINERAL LOT 323, MINERAL LOT 324, AND O'NEILL'S RIVERVIEW AD- DITION IN THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa he amended by revising Appendix A thereof. also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque. Iowa." by establishing a "Planned Unit Development" designa- tion on property in an "R-4 Residential District". which real estate is describ- ed. to wit: The Sub of Lot 1 of Mineral Lot 323 Lot 1; sublot 1 of 2 of Mineral 324 Lot 1; O'Neill's Riverview Sublot 94; and Suhlot 1 of I of 3 of 1 of the Sub of 1 of I of 3 of 1 of the Sub of 1 of 1 of 1 of 2 of 1 of 1 of Mineral Lot 324 Lot, all in the City of Dubuque. Iowa, and containing 10 acres more or less. Section 2. That the "Planned Unit Development" designation, applied to the property herein described, is a ten- tative reclassification and final adop- tion of the amendment as set forth in Section 1 of this Ordinance shall be sub- ject to the requirements of Section 4.110.11.3 of Appendix A of the Code of Ordinances of the City of Dubuque, Iowa, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa," whereby final adop- tion of the "Planned Unit Develop- ment" designation is contingent upon submission of a Final Development Plan, by the developer, within six 181 months of the effective date of this Or. dinance, and further, that failure by the developer to comply with the require- ments as set forth herein, shall au- tomatically revert the property to its former "R-4 Residential District" class ification. August 15,1977 431 Section 3. That the foregoing amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 15th day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of August, 1977. 1t8119 Councilman Wertzberger moved fi- nal adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Counedmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 57.77 AN ORDINANCE AUTHORIZING LLOYD S. GUDENKAUF TO CON- STRUCT 8" REINFORCED CON- CRETE WALL, said Ordinance having been previously presented and read at the Council Meetings of July 18 and August 1, 1977, presented for final adoption. ORDINANCE NO. 57.77 AN ORDINANCE AUTHORIZING LLOYD S. GUDENKAUF TO CON. STRUCT 8" REINFORCED COW CRETE WALL NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lloyd S. Gudenkauf as owners of the premises known as Lot 29 and 30 at Woodland Park, in the City Of Dubuque. Iowa be, and they are here- by granted the revocable permit and authority to construct and maintain an 8" reinforced concrete wall -lull' long under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by City Manager, under the supervision and direction of the Ci- ty Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees agreement to: 482 Special Session, August 15,1977 a. Assume any and all liahility for damages to persons or property which may result from the existence. location, installation. construction or maintenance of said 8" concrete wall: b. To pay on behalf of the City of Du buque all sums which the City of Du- buque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for dam ages of any kind resulting from the location, installation, existence, con- struction or maintenance of said con- crete wall. sustained by any person or persons, caused by accident or otherwise, to defend at its own ex- pense and on behalf of said City any claim against the City of Dubuque arising out of the location, installa- tion, existence, construction or maintenance of concrete wall and to pay reasonable attorney fees there for: c. To indemnify and hold City of Du buque free and harmless from any and all claims, loss, liability and ex pense for injuries to third persons or damages to property of third per sons, or for damage to any property of City of Dubuque which may occur as a result of or in connection with the location, installation, construc- tion, maintenance and repair of the facility, work or improvement per milted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said con, crete wall, and in the event of their failure so to do, the City of Dubuque shall he authorized to remove said con- crete wall, at permittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said concrete wall. Section S. Permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, con, struction, repair or maintenance of said facility and said permittee hereby cov. enants and agrees not to assert such claim or defense against the City of Dubuque in the event of claim asserted for personal injuries and/or property damage against the permittee arising out of or in any way connected with the location, installation, construction, design. repair and maintenance of the facility herein permitted. Section S. This Ordinance shall become effective and the rights here under accrue to Lloyd S. Gudenkauf when this Ordinance has been adopted by the Citv Council and the terms and conditions thereof accepted by permit tees by acceptance endorsed on thi, Or dinance. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Len F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 57.77 The undersigned having read and he ing familiar with the terms and condi tions of Ordinance No. 57.77 herehv, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the same and agree to he bound by the conditions and agreements therein contained to be performed by permit tees. Dated 5 .July 1977 By: Isl Lloyd S. Gudenkauf, Propertv Owner Published officially in the Telegraph Herald Newspaper this 19th day of August 1977. Leo F. Frommelt 11,8/19 City Clerk Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. An Ordinance of the City of Dubuque, Iowa, providing that the Code of Or dinances, City of Dubuque. Iowa, be amended by enacting a new Section 32-1 to regulate Highway Crossings, was presented and read. After Council discussion. No Action was taken. Petition of Clarke -Loral Homecom- ing committee requesting permission to conduct a homecoming parade on Oe toher 8, 1977, presented and read. Councilman Pregler moved that the re quest be approved and referred to the City Manager for implementation. Se Bonded by Councilman Wertzberger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays None. Session Session, August 15,1977 433 Petition of Dubuque Kiwanis Club re- questing permission to conduct a "Peanut Sale" at various locations on September 2:1. 1977, presented and read. Councilman Pregler moved that the request he approved and referred to the City Manager for implementa- tion. Seconded by Councilman Wertz. herger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -None. Petition of Terry L. Carleton et al (approx. 260 signaturesl requesting that Flora Pool stay open rather than closing at five and reopening at six, or he stamped to allow for re-entry with- out charge, presented and read. Coun- cilman Pregler moved that the petition be approved and referred to a work ses- sion to he held with the Council and Recreation Department on September 14, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -None. Petition of Mary Willging et al 113 signersl requesting the erection of a street light for the lower end of 700 Block on Montcrest Street: and Com- munication of City Manager reeommed- ning installation of street lights on Montcrest St., presented and read. Councilman Pregler moved that the petition and Manager's recommenda- tion be approved. Seconded by Coun. cilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilman Brady. Pregler, Tully, Wertzberger. Nays -None. Petition of J. A. Sprengelmeyer et al 15 signers) residents of Parkway re- questing investigation of rainwater runoff problem, presented and read. Julius Sprengelmeyer and Virgil Frey mann addressed the Council stating Water is coming from Finley Hospital and is flooding their basements. Coun- cilman Pregler moved that the petition be referred to the City Manager and Ci- ty Solicitor to report back to Council and to consult with Finley Hospital. Seconded by Councilman Wertzberger. Carried by the following vote - Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays -None. Petition of Hempstead High School requesting permission to conduct their annual Homecoming parade on Septem- her 30, 1977, presented and read. Coun• oilman Tullv moved that the petition he approved and referred to the City Man ager for implementation. Seconded by Councilman Wertzberger. Carried by I he following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -None. Petition of William J. Avenarius re- questing reconsideration of water pro- blem at 140 Aquin Street. outside City Limits, presented and read. Council. man Wertzberger moved that the re- quest he granted and referred to City Engineer. Seconded by Councilman Tully. Carried by the following vote - Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -None. Petition of James R. McIntyre re- questing a refund of $211.25 on unex- pired portion of Beer -Liquor License No. C-9034, discontinued business on June 30, 1977, presented and read. Councilman Tully moved that the re- fund be granted and City Auditor di- rected to issue proper warrant. Second- ed by Councilman Wertzberger. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -None. Petition of Knights of Columbus re- questing permission to conduct a "Toot- sie Roll Campaign" from September 16th to 18th for the Mentally Handicap- ped, presented and read. Councilman Tully moved tht the petition he approv- ed subject to implementation by the Ci- ty Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler. Tully. Wertzberger. Nays -None. Petition of Ronald E. Deich et al 140 signers) requesting installation of traf- fic stop signs on White Street north and south at 26th Street. also consideration for other signs to be placed on White Street, presented and read. Councilman Pregler moved that the petition he re- ferred to the City Manager and Traffic Department. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas -Councilmen Pregler, Tully, Wertzberger. Nays Mayor Stackis, Councilman Brady. RESOLUTION NO. 322.77 A RESOLUTION amending a re- solution entitled "A Resolution authorizing and providing for the issuance and securing the pay. ment of $650,000 Parking Fa- cilities Revenue Bonds, 1977 Series, of the City of Dubuque. Iowa, under the provisions of 434 Special Session, August 15,1977 Sections 384.80 et seq. of the Code of Iowa, as amended, for the purpose of defraying the cost of acquiring additional off-street motor vehicle parking facilities in and for said City." WHEREAS pursuant to notice and hearing as required by law. the City Council of the City of Dubuque, Iowa, has heretofore on July 5, 1977, adopted Resolution No. 252.77 entitled "A Res- olution authorizing and providing for the issuance and securing the payment of $850.000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Duhu• que, Iowa, under the provisions of Sec tions 384.80 et seq. of the Code of Iowa. as amended, for the purpose of defray ing the cost of acquiring additional off. street motor vehicle parking facilities in and for said City"; and WHEREAS pursuant to public notice said bonds were sold on July 19, 1977. to Channer Newman Securities Co. up- on terms of par and accrued interest with the bonds maturing in the years 1979 to 1989, inclusive, bearing interest at the rate of rive and twenty -hun- dredths per cent (5.20%) per annum, the bonds maturing in the years 1990 and 1991 bearing interest at the rate of Five and one-half per cent (5-112%) per annum, the bonds maturing in the years 1992 bearing interest at the rate of Five and aixty-hundredths per cent (5.80%) per annum, and the bonds maturing in the years 1993 and 1994 bearing in- terest at the rate of Five and seventy hundredths per cent (5.70%) per an num; and WHEREAS it was provided in the notice of sale of said bonds that both principal and interest are to be. payable at the Office of the City Treasurer, Du- buque, Iowa, and also at a bank or trust company to be mutually agreed upon between the purchaser and the City, and the purchaser has determined that an alternate paying agent is not ne- cessary, which determination is agree- able to the City; and WHEREAS it is necessary that Sec- tion 1 of the bond resolution referred to above be amended to specify the inter est rates which the bonds are to bear and to confirm the place of payment; NOW, THEREFORE, Be It Resolved by the City Council of the City of Du- buque. Iowa, as follows: Section 1. That Section 1 of the resolution referred to in the preamble hereof he and the same is hereby amended to read as follows: "Section 1. That for the purpose of defraying the cost of constructing addi tional public motor vehicle parking fa cilities in and for the City of Dubuque, Iowa, as referred to in the preamble hereof, there be and there are hereby authorized to he issued the negotiable interest hearing revenue bonds of said City of Dubuque. in the principal a- mount of $8.50.000, each of which shall he known and designated as a "Parking Facilities Revenue Bond, 1977 Series," bearing date of July 1. 1977, numbered 1 to 170, inclusive, of the denomination of $5000 each. The bonds of said issue shall bear interest from the date there of at the rates hereinafter specified, such interest to he payable .January 1. 1978, and semiannually thereafter on the first days of July and January in each year. Said bonds shall become due and payable in their numerical order on January 1 of each of the respective years and shall hear interest at the rates as follows: Bond Rate of Year Amount Numbers Interest 1979 $30,0011 1 6 -1.20% 1980 35.004) 7 1:1 5.'2l)% 1981 351,1100 14 20 5.20% 1982 400)11 21 28 5.20% 1983 450H) 29 37 5.20% 1984 45.000 :48- 46 5.20% 1985 451.000 47 55 5.20% 1986 1A).100 56 65 5.20% 1987 5A).1910 611 75 5.20% 1988 ri0.001) 76 85 5.211% 1989 60.01H) 86 97 5.20% 1990 70.19)0 98-111 51/r% 1991 70.01111 11212.5 51/z% 1992 75.19)1) 126140 5.60% 1993 7 5.199) 1.11 155 5.70% 1994 75,0(H) 151i 170 5.70% provided, however, that bonds numbered 86 to 170, inclusive, shall he redeemable by said City prior to ma- turity in whole, or from time to time in part in inverse order of maturity (less than all of one maturity to be selected by lot), on any interest payment due on or after January I, 1988, upon terms of part and accrued interest plus a pre- mium of Four per cent (4%) of the grin cipal amount of any such bonds called for redemption on January 1, 1988, and if called for redemption thereafter. the amount of such premium to he so paid shall he reduced at the rate of 112 of one per cent of the principal amount for each full year that the redemption date is subsequent. to January 1, 1988. In the event any of said bonds are called for redemption prior to maturity as afore said notice of such redemption, identify ing the bond or bonds to be redeemed. shall he published at least once but not less than thirty 1301 days prior to the redemption date in a financial news- paper or journal published in the City of New York. All of such bonds as may he Special Session, August 15, 1977 thus called for redemption and for the payment of which. upon the terms a- foresaid.funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. 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. As permit- ted and provided for under the terms of the ordinance adopted by the City Council of the City of Dubuque, Iowa. on May 20. 1964, and as recited on the face of each of the outstanding [larking Facilities Revenue Bonds of said City dated June 1. 1964. and as permitted and provided for under the terms of the ordinance adopted by the City Council of said City on December 2, 1968. and as recited on the face of each of the out- standing Parking Facilities Revenue Bonds, 1968 Series, of said City dated January 1. 1969. the Parking Facilities Revenue Bonds, 1977 Series, herebv au thorized shall rank on a parity with the presently outstanding bonds referred to in the preamble hereof and with any additional bonds as may hereafter he is- sued and outstanding from time to time ranking on a parity therewith under the conditions and restrictions hereinafter set forth, and all of said bonds shall he payable solely from the bond and in- terest redemption sinking fund here. inafter referred to and shall he a valid claim of the holder thereof only against said fund, and none of the honds herein authorized to he issued shall he a gem eral obligation of said City nor payable in any manner by taxation, but the bonds herein authorized to be issued. together with the presently outstand- ing bonds referred to in the preamble hereof and such additional bunds as may be. hereafter issued ranking on a parity therewith, shall he payable, loth as to principal and interest, solely and only from the future net revenues of said improved system of public motor vehicle parking facilities pledged therefor as hereinafter provided." Section 2. That the form of bond for said issue specify that the bonds and in - Wrest thereon are payable at the Office of the City Treasurer of the Pity of Du- huque, Iowa. Section 3. That all resolutions and orders or parts thereof in conflict herewith he and the same are hereby repealed to the extent of such conflict, Section 4. That this resolution shall be in full force and effect immediately upon its passage and approval as pro- vided by law. 15,1977 435 Passed and approved this 15th day of August, 1977, Emil St.aekis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded August 15, 1977. I,eo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -None. Petition of Marvin C. & Alice I,. Meeker and Richard W. Anthony re- questing annexation to the City cover- ing I,ot 2 of the NEIA of SETA Section 12, Township 89 North Range 2 East 5th P.M., presented and read. Coun- cilman Pregler moved that the annexa- tion he granted. Seconded by Coun- cilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -None. RESOLUTION ANNEXING CERTAIN TERRITORY NO. 323.77 WHEREAS. the owners of an area approximately 11.14 acres in size im- mediately adjoining the northerly city limits of the City of Dubuque, Iowa now voluntarily petition the City Council for annexation of their property to the City of Dubuque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque. Iowa; and WHEREAS, the inhabitants of said territory will he enabled to secure wa- ter, and other municipal services if ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 368.00 Code of Iowa. 1977, authorizes the extension of city limits in situations of this character by the adoption of a resolution there- fore: and WHEREAS, the future growth, de- velopment. and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said ter- ritory he made a part of the City of Dubuque, Iowa; and NOW, therefore be it resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area 512 Special Session, August 15,1977 comprising the following described real estate: IAT 2 of the Northeast 'h of the Southeast '/4 of Section 12. Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque Township, Dubuque County. Iowa according to the recorded plat thereof: The property to he annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Fourth Vot- ing Precinct of the City of Dubuque. Iowa. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -None. A RESOLUTION declaring a moratorium on the disposal of City own. ed real estate not presently committed for industrial use or location until such time as Freeway 561 location demands become more crystallized, presented and read. Councilman Tully moved that the resolution be tabled. Seconded by Coun. cilman Brady. VOTE ON THE MO- TION WAS AS FOLLOWS. Yeas -Councilmen Tully, Brady. Nays -Mayor Stackis, Councilmen Pregler, Wertzberger. MOTION FAILED. Councilman Wertzberger moved that the City Manager be instructed to not enter into any negotiations and not enter into sale of Industrial Property until such time Council establishes a policy with reference to Freeway. Se. conded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Pregler, Tully, Wertzherger. Nays -Councilman Brady. Councilman Brady moved to abandon negotiations with Thermo King and ter- minate negotiations with property al. ready in question. Seconded by Mayor Starkis. Carried by the following vote: Yeas Mayor Stackis. Councilmen Brady. Pregler. Tully, Wertzberger. Nays -None. At 9:50 P.M. Mayor Stackis moved to reress. Seconded by Councilman Preg. ler. Carried by the following vote - Yeas Mayor Starkis. Councilmen Brady. Pregler, Tully, Wertzherger. Nays -None. COUNCIL RECONVENED IN REG. ULAR SESSION AT 10:09 P.M. Proof of Publication, certified to by the Publisher, of Notice to Contractors for construction of Main Street Light. ing from First Street to Fourth Street, presented and read. Councilman Tullv moved that the proof of publication he received and filed. Seconded by Coun- cilman Brady. Carried by the following vote - Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -None. August 9, 1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m. on August 9. 1977, for the Main Street Lighting Project from 1st to 40 Street. The lowest bid was submitted by Tri. State Paving. Division of Dubuque Stone Products Company of Dubuque. Iowa. Their bid was $45,8.50.20 which is 1.7% under the estimate. I recommend that the contract he awarded to Tri-State Paving, Division of Dubuque Stone Products Company. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication he received and filed. Seconded by Councilman Brady. Car. ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -None. Tim Duggan addressed the Council asking about the equipment. indicating he spent considerable amount of money ir preparing the hid for the light stand- ards Jim Gore of Crescent Electric spoke relative to the project, evidently he was the low bidder for the standards as handled by the Engineering Depart me nt. (Awarding Contract) RESOLUTION NO.324.77 WHEREAS, sealed proposals have been submitted by contractors for the Main Street Lighting from First Street to Fourth Street pursuant to Resolu- tion No. 282.77 and notice to bidders published in a newspaper published in said City on July 28, 1977: and Special Session, August 15,1977 437 WHEREAS, said sealed proposals were opened and read on August 9. 1977. and it has been determined that the bid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque. Iowa in the amount of :45,6511.20 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore. BE IT RESOI.VEI) by the Citv Coun- cil oumcil of the (,itv of Dubuque that the con- tract for the above mentioned improve ment he awarded to Tri-State Paving Company. Division of Dubuque Stone Products and the Manager he and he is hereby directed to execute a contract on hohalf of the City of Dubuque for the complete performance of said work. BE IT FIIRTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 15th day of August. 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Deo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Coun cilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Tully, Wertzberger. Nays -Councilman Pregler. Proof of Publication, certified to by the Publisher. of Notice of Pendency of Resolution of Necessity for construe. tion of 20th Street Traffic Signals from Central to Elm Street, presented and read. Councilman Wertzberger moved that the proof of publication he received and filed. Seconded by Councilman Pregler. Carried by the following vote: YeasMayorStackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays None. Communication of Earl J. Bock oh- jeeting to installation of traffic signals at 20th & Elm Street, presented and read. Earl Bock addressed the Council as being against traffic signals, especially in the area proposed at the five points on Rhomberg Ave. Councilman Wertzherger moved that the communication be received and fil- ed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -None. (Necessity of Improvement) RESOLUTION NO. 313.77 WHEREAS, proposed plans. spec- ifications, form of contract have been duly prepared and approved by the Ci- ty Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the pro- posed improvement for the 20th Street Traffic Signals from Central Avenue to Elm Street. HE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the here. inmentioned improvement, and unless properly owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk ob- jections to the proposed improvement, they shall he deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will he paid from the Road Ilse Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 1st day of August, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 15th day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: I.eo F. Frommelt City Clerk Councilman Wertzberger moved fi. nal adoption of the Resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays None. 438 Special Session, August 15,1977 Decision of Council upon objections to plans. specifications form of contract and cost of improvements RESOLUTION NO.325.77 WHEREAS. proposed plans and specifications and form of contract for the 20th Street Traffic Signals from Central Avenue to Elm Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con tract for or cost of such improvements. said time being this 15th day of August. 1977: and WHEREAS, the City Council met in special session this 15th day of August. 1977. at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein deserih. ed and proposed to he made; and WHEREAS. all interested parties have been given an opportunity to he heard and all objections which have been duly weighed and considered; now, therefore RF IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob jections which have been made and fil ed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are herebv adopted. HE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica tions and form of rost said improve ment he made a matter of permanent record in connection with said improve ment. Passed adopted, and approved this 15th day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol lowing vole: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays None. (Ordering Corstruction) RESOLUTION NO. 326.77 RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DV- RIIQIIE, IOWA that pursuant to a Resolution of Necessity No. 313-77 which was duly passed by this Council for the 20th Street Traffic Signals from Central Avenue to Elm Street. Be and the same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All work shall he constructed in arr cordance with the plans and specifics. tions heretofore adopted and now on file in the office of the Citv Clerk. RE IT FURTHER RF.SOI.VED that the cost and expense of said improve- ment be paid from the Road Ilse Tax Fund. RE IT FLTRTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted. and approved this l5th day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Waller A. Pregler Councilmen ATTEST: I" F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays -None. Proof of Publication. certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construe tion of Sunset Ridge Drive Asphalt Paving from N.P.L. of Lot 2-1 in Min eral Lot 132 to southerly end of street. 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. Councilman Wertzberger mov- ed that the proof of publication be received and filed. Seconded by Coun- cilman Pregler. Carried by the follow- ing vote: Special Session, August 15,1977 439 Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger Nays -None. Statement of City Clerk certifying that notices of hearing were mailed by certified mail on July 26, 1977 to pro. perty owners of record subject to pay for cost of paving Sunset Ridge Drive. presented and read. Councilman Wertz- herger moved that the statement be received and filed. Seconded by Coun. cilman Pregler. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -None. (Necessity for Improvement) RESOLUTION NO. 286-77 WHEREAS, proposed plans, specifi- cations, form of contract, plat and sche- dule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a validation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con. struction and kind of material to be. used. 6. In each case the amount thereof which is estimated to he assessed against each lot, for the Sunset Ridge Drive Asphalt. Paving from the N.P.L. of Lot 2.1 in Mineral Lot 132 to the southerly end of the street. RE IT THEREFORE RESOLVED that the City of its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless properly own- ers at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall he deemed to have waived all objections thereof. Said improvement shall he construct ed and done in accordance with the plans and specifications which have been prepared therefore by the. City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expenses of making said improvement will he assessed upon and against all privately owned property lying within assessable distance provided by law- and aw and in an amount not to exced the amount provided by law, property will he aSiP%%Pd whether the same abuts thereon or is adjacent thereto accord- ing to area and in proportion to the spe cial benefits conferred thereby. Street improvement bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway com- pany. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of July, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted as proposed by the City Council this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James F. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved fi- nal adoption of the Resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Bradv, Pregler. Tully, Wertzberger. Nays -none. Decision of Council upon objections to plans, specifications, form of con. tract and cost of improvements. RESOLUTION NO. 327.77 WHEREAS, proposed plans and spe- cifications and form of contract for the Asphalt Paving on Sunset Ridge Drive from the N.P.L. of Lot 2.1 Mineral Lot 132 to the southerly end of the street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 15th day of August, 1977; and WHEREAS. the City COuncil met in special session this 15th Day of August, 1977, at 7:30 P.M. at the Council Cham. hers in City Hall for the purpose of hearing all interested parties and consi dering any and all objections which have been filed to the proposed plans, specifi- cations or contract for or cost of the 440 Special Session, August 15,1977 improvement herein described and pro posed to he made; and WHEREAS, all interested parties have been given an opportunity to he heard and all objections which have been duly weighed and considered; now, therefore HE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob jections which have been made and filed to the plans, specifications, con tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved and hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans. specifica- tions and form of cost said improve- ment he made a matter of permanent record in connection with said improve ment.. Passed, adopted, and approved this 15th day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -May- Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. (Ordering Construction) RESOLUTION NO. 32&77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU. QUE that pursuant to a resolution of Necessity No. 286.77 which was duly passed by this Council, for the Asphalt Paving on Sunset Ridge Drive from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the southerly end of the street be and the same are hereby ordered and cons- tructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im provements be paid for by levying spe cial assessments against the privately owned property lying within the asses sable distance from the improvements, whether such property shut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred. Payment will he made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been complet. Pd and accepted by the City Council. BE IT FURTHER RESOLVED that the Cil,v Clerk he and he is hereby orde red and directed to advertise for propo sals for the construction of the various improvements herein provided for in the manner provided by haw. the said improvements shall he completed on or before all davs after notice to proceed has been issued. 13E IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall he in force and effect from and after its pas sage and adoption by the City Council. Passed, adopted, and approved this 17th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brad Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzherger moved adoption of the Resolution. Seconded by Councilman 11regler. Carried by the fol lowing vote: Yeas -Mayor Starkis. Councilmen Brady, Pregler. Tully, Wertzherger. Nays none. August 8, 197? Honorable Mayor And City Council Mr. David L. Clemens of Reynolds, Kenline. Breitbach. McCarthy. Clemens & McKay, Attorneys at Law, has writ ten me advising that he represents the purchasers of lax sale in December of 1971, said property being described as follows: The Easterly 123 feet of Lots 17 and 18 of Jaeger's Subdivision in the City of Dubuque. Iowa, accord ing to the recorded plat thereof. for the amount of $255.82, which was for the unpaid taxes for the years 1968. 1969 and 1970. Apparently, notice of service of rights of redemption was never served on the City; and in order to clear said title, it is necessary that the City waive any rights in connection with the sale of said lots in Jaeger's subdivision. SpecialSession, August 15,1977 441 I am of the opinion that there would be no legal objection to the City Council of the City of Dubuque, Iowa adopting the attached resolution. R. N. Russo City Attorney Councilman Pregler moved that the communication he received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzherger. Nays none. RESOLUTION NO. 329-77 WHEREAS, on December 6, 1971, a tax sale was publicly held and Robert N. Defendi and M. Regina Defendi re- ceived a tax deed dated January 22, 1973, from the Treasurer. Dubuque County, Iowa, for real estate hereinaf- ter described; and WHEREAS, the City of Dubuque, Io- wa has no further interest in said pro- perty by reason of the fact that the un- paid taxes for the years 1968, 1969 and 1970 have been paid by the purchaser in the sum of $255.82 which included all un- paid taxes for said years, including penalty and interest plus $1.50 for the certificate fee; NOW THERE BE IT RESOLVED BY THE CITY COUNCIL OF THE CI. TY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque. Iowa does hereby waive any and all rights the City may have in connection with the following described real estate: The Easterly 123 feet of Lots 17 and 18 of Jaeger's Subdivision in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. to Robert N. Defendi and M. Regina Defendi Section 2. That the City Clerk be and is hereby directed to cause this res- olution to be recorded in the office of the Dubuque County Recorder in and for Dubuque County, Iowa at the ex- pense of the petitioners, Robert N. De- fendi and M. Regina Defendi. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council man Wertzberger. Carried by the follow- ing vole: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ings to provide $60,000 amending Block Grant Agreement, for relocation of water and sanitary sewer mains in Ur- ban Renewal Area, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Sta", Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 330-77 AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENT- AL REVIEW FINDINGS FOR CER, TAIN COMMUNITY DEVELOP. MENT BLOCK BRANT PRO. JECTS WHEREAS, the City of Dubuque under date of May 10. 1977 entered into Grant Agreement B -77 -MC -19-M4 with the U.S. Department of Housing and Urban Development providing for financial assistance to the City under Title I of the Housing and Community Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, environmental reviews have been processed for the project hereinafter to be described to be financed with Community Development Block Grant Funds; and WHEREAS, an ad hoc Environment- al Review Committee has after due con- sideration made a determination that the project is not a major Federal ac- tion significantly affecting the quality of the human environment; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and direct- ed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for the said project available for public inspection. Such notice shall be in the form of Exhibit 'A" attached hereto and made apart hereof. Relocation of Sanitary Sewer Lines and Water Mains in Urban Renew- al Land Area. Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its regular Council meet- ing of August 15, 1977, amending the use of Community Development Block 442 Special Session, August 15,1977 Grant funds in Grant Agreement 1177 MC 19-0004 dated May 10, 1977 as au thorized under Title I of the Housing and Community Development Act of 1974 to undertake the project. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council man Wertzberger. Carried by the follow ing vole: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. RESOLUTION NO. 331-77 A RESOLUTION DIRECTING THE TRANSFER OF COMMU- NITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE UR- BAN RENEWAL PROJECT IOWA R-15 LAND PURCHASE PRO. JECT TO THE RELOCATION OF SANITARY SEWER LINES AND WATER MAINS PROJECT, NOW. THEREFORE. BE IT RE. SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to ex reed Sixty -Thousand Dollars ($60,0000))shall he transferred from the Urban He newal Project, Iowa -15 Fund Purchase Project to the Relocation of Sanitary Sewer Lines and Water Mains Project, Section 2. That the foregoing trans fer of funds has heretofore been approv ed by the Community Development Com mission. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Frady Walter A. Pregler Councilmen ATTEST: Leo F. Fromrnell City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council man Wertzberger. Carried by the fol. lowing vote: Yeas Mayor Stackis, Councilmen Brady, Pregler,Tully. Wertzberger. Nays none. Petition for Voluntary Annexation by Joseph F. & Ruth M. -Sieger( as owners Contract Sellers and Edward Tschiggfrie Owner Contract Purchaser located in Section 20. Township 89 North, Range 2 East of the 51h P.M., containing approx. 75.018 acres, present ed and read. Councilman Tully moved that the annexation be approved. Sec ended by Councilman Wertzberger, Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. RESOLUTION NO. 33277 WHEREAS. the owners of an area approximately 75.018 acres in size lying north of Pennsylvania Avenue (Middle Road) and immediately west of and adjacent to the existing city limits of the City of Dubuque. Iowa. now voluntarily petition the City Council for annexation of their prop erty to the City of Dubuque. Iowa: and WHEREAS, inhabitants and future inhabitants of said territory will be en- abled to secure the benefits of city government in the way of police and fire protection, utilities, and other municipal services if said territory is incorporated within the city limits of the City of Dubuque. Iowa: and WHEREAS. Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this charac- ter by the adoption of a resolution; and WHEREAS, the future growth and development of the City of Dubuque. Iowa. make it desirable that said tern tory be made a part of the City of Du- buque, Iowa - NOW, THEREFORE, IT BE RESOLV- ED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of I)ubuque. Iowa he and they are hereby extended to include the area comprising the following described real estate, to wit: Lot 1 of the Southeast 114 of the Southeast 114, and Lot 2 of the Northeast 114 of the Southeast 114, all in Section 20, Township 89 North, Range 2 East of the 5th P.M. in Dubuque Township. Dubu- que County, Iowa, according the the United Slates Government sur vey thereof and the recorded plats thereof. The property to he annexed is as shown on the map attached hereto with the boundaries of said area being outhlo-41 in red. Section 2. That the territory hereby annexed shall become a part of the Special Session, August, 15, 1977 twentieth Voting Precinct to the City of Duhuque, Iowa. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the follow ing vote: Yeas Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays none. August 9,1977 Honorable Mayor and City Council The Economic Development Admin istration has approved for financing the following local public works in projects in the amounts requested. 17thSlreetStorm Sewer $505,267 ExpansionofCity Garage $261.004 Greenhouse— Potting IIave $20IA40 We would request the adoption of the attached resolutions which authorize the Mayor to execute the necessary grant agreements. 6ilhert 1).Chavenelle City Manager Councilman Wertzberger moved that the communication he received and filed. Seconded by Mayor Stackis. Car tied by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler,Tu11%, Wertzberger. Nays none. RESOLUTION No. 333.77 Authorizing the Execution of a Grant Agreement with the Econo- mic Development Administration for the 17th Street Storm Sewer. WHEREAS, pursuant W the provi- sions of the Local Public Works Capital Development and Investment Actof 1976 as amended by the Public Works Employ- ment Act of 1977, the Economic Develop- ment Administration has approved an ap plication filed by the City of Dubuque to provide financial assistance to construct the 17th Street Storm Sewer. NOW THEREFORE, BE IT RE SOLV ED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed 11505,267 with the Economic Development Admin A 15.1977 443 istration for EDA Project No. 05 -51- 20192 -17th Street Storm Sewer. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. RESOLUTION NO. 334.77 Authorizing the Execution of a Grant Agreement with the Econo- mic Development Administration for the Expansion of City Garage. WHEREAS, pursuant to the provi- sions of the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has approv- ed an application filed by the City of Dubuque to provide financial assistance for the expansion of City Garage. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $261,004 with the Economic Development Admin- istration for EDA Project No. 05-51- 20189 Expansion of City Garage. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: yeas -Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays -none. Abstain -Councilman Tully, 444 Special Session, August 15, 1977 RESOLUTION NO. 335-77 Authorizing the Execution of a Grant -Agreement with the Econo. mic Development Administration for the Greenhouse — Potting House WHEREAS, pursuant to the provi- sions of the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has approv ed an application filed by the City of Dubuque to provide financial assistance to construct the Greenhouse — Potting House. NOW THEREFORE, BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $203,340 with the Economic Development Admin- istration for EDA Project No. 05.51 20190 -Greenhouse — Potting House. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Preg- ler, Wertzberger. Nays -Councilman Brady. Abstain -Councilman Tully, RESOLUTION NO. 336-77 BE IT RESOLVED by the City Coun. cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga. rettes and Cigarette Papers within said City. David 0. Leach, 380 East 20th Street Milton J. Marty, 5th and Locust Street Stephen Noonan, 1298 Main Street Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council. man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. RESOLUTION NO. 337.77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOL- VED by the City Council of the City of Dubuque, Iowa, that the following appli. cations be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Virginia Ann Baker, (Sunday Sales only), 3345 Hillerest Road Cremer Grocery Company, (Sunday Sales only), 731 Rhomberg Ave. Grandview Drug Inc.. (Sunday Sale s only),486 N. Grandview Ave. Great Atlantic & Pacific Tea Co., Inc., (Sunday Sales only) 3333 Asbury Road LaVern Nicholas Hennen. (Sunday Sales only 1, 3300 Asbury Road Thomas E. Kessler. (Sunday Sales only), 1993 Asbury Road Kopple's Market Inc., (Sunday Salts only), 1098 University Ave. Leonard Oil Company, (Sunday Sales only), 1387 Dodge St. Beverly R. Miller, (Sunday Sales only), 260 Southern Ave. Kay J. Nemmers, (Sunday Sales only), 250 West 1st St. Palmer Drug Store, (Sunday Sales onlyl, 2600 Dodge St. Walgreen Co., (Sunday Sales only), 555 John F. Kennedy Road Earl John Tegeler. (Sunday Sales only), 2311 Windsor Ave. Earl John Tegeler, (Sunday Sales only). 620 South Grandview Ave. Earl John Tegeler, (Sunday Sales only), 2850 Burlington St. Will Co., Inc., (Sunday Sales only), 805 West 5th St. Groves-Kelco, Inc. (Sunday Sales only), 1920 Elm St. Passed, adopted, and approved this 15th day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- Special Session, August 16. 1977 446 man Brady. Carried by the following vote: Yens -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 338-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occu- pied by such applicants were inspected and found tocomply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED by the City Council of the City of Dubuque. Iowa, that the Manager be au- thorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Virginia Ann Baker, (Sunday Sales only), 3345 Hillcrest Road Cremer Grocery Company, (Sunday Sales only). 731 Rhomberg Ave. Grandview Drug Inc., (Sunday Sale s only),486 N. Grandview Ave. Great Atlantic & Pacific Tea Co., Inc., (Sunday Sales only) 3333 Asbury Road Lavern Nicholas Hennen, (Sunday Sales onlyl, 3300 Asbury Road Thomas E. Kessler, (Sunday Sales only). 1993 Asbury Road Kopple's Market. Inc., (Sunday Sales only), 1098 University Ave. Leonard Oil Company, (Sunday Sales only), 1387 Dodge St. Beverly R. Miller, (Sunday Sales onlyl, 260 Southern Ave. Kay J. Nemmers, (Sunday Sales only). 250 West 1st St. Palmer Drug Store, (Sunday Sales only), 2600 Dodge St. Walgreen Co., (Sunday Sales onlyl, 555 John F. Kennedy Road Earl John Tegeler, (Sunday Sales only), 2311 Windsor Ave. Earl John Tegeler. (Sunday Sales only), 620 South Grandview Ave. Earl John Tegeler, (Sunday Sales only), 2850 Burlington St. Will Co., Inc., (Sunday Sales only), 805 West 5th St. Groves-Kelco, Inc. (Sunday Sales only), 1920 Elm St. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waller A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council. man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. RESOLUTION NO. 339-77 WHEREAS. applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE HE IT RESOLV- ED by the City Council of the City of Dubuque. Iowa, that the following ap- plications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 641h General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Amvets Post #3, 36 West 4th St. James R. Bainbridge, 1375 Locust tit. Imperial Lanes (Also Sunday Sales). 3505 Stoneman Road Roger R. Piekenbrock & Ruth A. Ox- berger, 504 Bluff St. Melvin A. Spiegelhaller (Sunday Sales Only). 10294: Main St. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt. City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tulle. Wertzherger. Nays None. RESOLUTION NO. 340.77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have receiv- ed the approval of this Council; and WHEREAS. the premises to he occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant there- to and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED by the City Council of Dubuque, Iowa, that the Manager he authorized to cause to he issued to the following named applicants a liquor License. 446 Special Session, A CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Amvets Post 43,36 West 4th St. James R. Bainbridge, 1375 Locust SI. Imperial Land (Also Sunday Salvo, 3505 Stoneman Road Roger R. Piekenhrock K Ruth A. 0 herger, 504 Bluff St. Melvin A. Spiegelhalter (Sunday Sales Only), 10291/: Main Street Passed,'adopted, and approved (his 15th day of August., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Werizberger .lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council man Brady. Carried by the following vote: Peas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nuys -None. August 9, 1977 Honorable Mayorand City Council We have in accordance with your in- structions initiated negotiations for the purchase of the Trenkle property. We would appreciate an opportunity at the August 15th City Council meeting to discuss the status of these negotia tions during an Executive Session. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -None. At 11:00 1'.M. Councilman Wertzher. ger moved to go into Executive Session for the purpose of discussing Real Es. tate. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays None. COUNC11, RECONVENED IN REGIt- LAR SESSION AT 11:14 P.M. Councilman Pregler moved that the City Solicitor he directed and author ized to commence Eminent Domain Pro ceedings on Trenkle Property. Second ed by Councilman Brady. Carried by the following vote: 15,1977 Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, %Wertzberger. Nass Nonc There being no further business, Mayor Stackis moved to adjourn. Se. conded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -None. Leo F. Frommelt City Clerk Approved February 20 1978 Adopted February 20, 1978 Special Session, August 23,1977 447 CITY COUNCIL OFFICIAL Special Session, August 23. 1977 Council met at 7:30 P.M. (C.D.T.) Present — Mayor Stackis, Council. men Pregler. Tully, Wertzberger, City Manager Gilbert D. Chavenelle. Absent — Councilman Brady. Mayor Stackis read the call and stated that service thereof had been duly made and this meeting is called for the purpose of considering adoption of a resolution Authorizing the Execution of a Grant A- greement with the Economic Develop- ment Administration for Expansion of Iowa Street Parking Ramp and acting upon such other Business as may pro- perly come before a regular meeting of the Council. RESOLUTION NO. 341-77 AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE ECONOMIC DEVELOPMENT ADMIN- ISTRATION FOR EXPANSION OF IOWA STREET PARKING RAMP WHEREAS. pursuant to the provis ions of the Local Public Works Capital Development Administration has ap proved an application filed by the City of Dubuque to provide financial assistance for expansion of Iowa Street Parking Ramp. NOW THEREFORE, BE IT RESOLV. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Ma}or is hereby authorized and directed to execute a Grant Agreement not to exceed $553,960 with the Economic Develop ment Administration for EDA Project No. 05-5120193 Expansion of Iowa Street. Parking Ramp. Passed, adopted, and approved this 23rd day of August. 1977. Emil Stackis Mayor Richard Wertzberger Waller A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen 1'rev ler, Wertzberger. Nays None. Abstain Councilman Tully. Absent Councilman Brady. There being no further business Councilman Wertzberger moved to ad journ. Seconded by Councilman Pregler. Carried by the following vote - Yeas -Mayor Stackis, Councimen Preg ler, Tully, Wertzberger. Nays -None. Absent -Councilman Brady. Leo F. Frommelt City Clerk Approved February 20, 1978 Adopted February 20,1978 448 Special Session, August 31, 1977 CITY COUNCIL OFFICIAL Special Session, August 31, 1977. Council met at 4:30 P -M. (C.D.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully. City Mana- ger Gilbert D. Chavenelle. Absent — Councilman Wertzberger. Mayor Stackis read the call and stat ed that. service thereof had been duly mado and this meeting is called to CON. SIDER WEST SIDE TRAFFIC MAT. TERS: ALSO TO RECONSIDER H. R. W. ZONING RECLASSIFICATION RE QUEST AND PLANNING 8 ZONING'S RECOMMENDATION THEREOF FOR. WARDED FROM THE COUNCIL MEETING OF AUGUST 15, 1977, and acting upon such other business as may properly come before a Regular Meet- ing of the Council. Petition of Martha Kessler et al (83 signers) objecting to the closing of Key- way because it would destroy flow of traffic to and from their Church, pre- sented and read. Councilman Tully moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays -None. Absent -Councilman Wertzberger. Petition of Mike Jozefowicz et al (393 signers) objecting to the cuing of Key- way becaus (1) indirect access to Ken- nedy 8ch:1 121 extended time for fire and emergency vehicles, (3) excessive traffic on smaller side streets and addit. ional traffic on Kennedy Road, present- ed and read. Councilman Tully moved that the petition be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully. Nays -None. Absent -Councilman Wertzberger. Petition of Hubert Wagner et al (290 signers) objecting to the closing of Key- way because 0) setting a precedent to allow streets to be closed, (2) extended time for emergency vehicles to reach their homes, (3) excessive traffic on smaller side streets, presented and read. Councilman Tully moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays -None. Absent -Councilman Wertzberger. Petition of Elizabeth Bendt et al (289 signers) requesting blockage of Keyway at Pennsylvania on the south and place a diagonal block at WmAland on the north, presented and read. Councilman Tully moved that the petition he receiv. ed and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Itrady, Pregler. Tully. Nays -None. Absent -Councilman Wertzberger, Councilman Tully moved to suspend the rules to let anyone present address the Council if thev so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully. Nays None. Absent -Councilman Wertzberger. Stephanie Hahlen of 2179 Keyway, representing West End Neighborhood Association, being in favor of blocking Keyway. spoke to Council requesting to relieve a problem of 3.500 cars on Street; Save children lives; Have a test ing period. Mike Jozefowicz of 1780 Vizaleea voiced objection to closing of Keyway Drive stating blocking Keyway as sug- gested will not solve problem; No one on St. John Drive wants blockage of Keyway; People unanimous against clos- ing street: Propose limit parking on street (alternate parking): reduce speed limit from 25 to 20 mile per hour; Re- questing 4 way and 3 way stop signs at appropriate intersections: Patrol area regularly; Blockading street is not ans wer to problem. Hugh Wagner of 2023 Key Largo objected to closing of Keyway stating signatures indicate a three -fold number against closing of Keyway; Suggsting closing of back gates to Hempstead High School; Check into putting traffic lights on Hillcrest and Keyway; realize majority of West End people oppose closing Keyway. I)onna Smith of 1827 Keyway report ed back in 1975 request for relief barri Cade proposal came from City Planners; Accidents bear out treacherous condi- tions of street; Alternates thrown out by opposition today have been tried. Staff Report by Kirkwood stated Traffic Committee considered alter nates to proposals of West End Group; Install a choker -eliminate turning movements north on Keyway Do not enter signs, Yellow lines, etc.; at Wood- land & Keyway propose full diverter; Fire department would have problems as alternate; Have partial diverter as proposed. Chief O'Brien state Viability System is good to eliminate some of the prob Special Session, August 31, 1977 lems; Utilize stop sign procedure; ',Make traffic on Keyway uncomfortable; In favor of posing both solutions to the Council. Councilman Tully moved that the Staff be requested to begin to experi. ment with partial diverter concept, also to prepare ordinance to test stop sign concept. Seconded by Councilman Preg- ler. (tarried by the following vote: Yeas Mayor Stackis. Councilmen lirady, Pregler, Tully. Nays -None. Absent -Councilman Wertzberger. COUNCIL RECESSED AT 5:55 P.M. RECONVENED AT 6:00 P.M. Communication of Planning & Zoning Commission (forward from meeting of August 15. 19771 submitting their re- port on the petition of 11. R. W. Associa tes requesting a C-6 Planned Commer cial Zoning request and recommending that the recommendation be tabled to a specified future date, presented and read. Attorney Bertsch representing H. R. W. Associates stated that the property owner did everything it could to help resolve the rezoning problem; C-6 is best for community and for Developer; Recognize traffic problem. Attorney Bertsch read petition signed by approx. 600 persons caption- ed "The undersigned citizens of the City of Dubuque. Iowa, request the City Council to rezone the property of H. R. W. Associates on J.F.K. Road to permit the construction of a Shopping Center". Councilman Pregler moved that the recommendation of denial by Planning & Zuning Commission be accepted and that nt ,­_-blic hearing on rezoning he held. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays -None. Absent -Councilman Wertzberger. Communication of City Manager sub- mitting capability to finance report for reconstruction of Kennedy Road; Pro- ject Concept Statement; Barton- Aschman Associates Inc. Access reeom. mendations for proposed developments at Kennedy Road and Hillcrest, present- ed and read. Councilman Pregler moved that the concept be adopted in theory and Staff be instructed to work up con sept into contractural form. Seconded by Mayor Stackis. Carried by the fol lowing vote: Yeas Mayor Stackis, Councilmen Pregler, Tully. Nays -Councilman Brady. Absent -Councilman Wertzberger. Communication of Delos A. Dorwei- ler submitting a purchase agreement to 31,1977 449 Robert M. Bertsch for all property owners (excluding 2105 Kennedy Road) property needed for Kennedy Road widening from Asbury Road to Pen. nsylvania, presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully. Nays -None. Absent -Councilman Wertzberger. There being no further business, Councilman Preg)er moved that the meeting be adjourned. Seconded by Councilman Tully. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays -None. Absent -Councilman Wertzberger. Leo F. Frommelt City Clerk Approved. February 20,m Adopted February 20, 197e Iman Regular Session, September 5,1977 451 CITY COUNCIL OFFICIAL Regular Session, September 5, 1977. No members of the council being present, the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved r1arch... 13,...... 1975 March 13, 197 Adopted. '.................. . Councilors C/ ATA 1-- I itc 1'I rk 45' Adjourned Regular Session, September 6,1977 CITY COUNCIL OFFICIAL Adjourned regular session Septem- ber 6. 1977. Council mat at 7:30 P.M. 1C.D.T.1 Present -Mayor Stackis. Council- men Brady. Pregler, Tully, Wertzber- ger. City Manager Gilbert D. Chave. nelle. 1lavor5tackis read the call and stated t 11A service thereof had been duly made and t his is AN ADJOURNED REGULAR MEETING OF THE REGULAR MEET- ING OF SEPTEMBER 5.1977 called for the purpose of acting upon such business as may properly come before the Meet ing. Invocation was given by Rev. Walter Hamer. Pastor of Third Presbyterian Church. A Proclamation proclaiming week of September 11 through 17th as "Du- buque Symphony Orchestra Week" was read, approved and signed by Mayor Stackis. Communication of Planning K Zoning Commission submitting minutes of t heir meeting of August 17. 1977, presented and read. Councilman Tully moved that the minutes he received and filed. Se conded by Councilman Wertzberger, Carried by the following votes: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -None. Communication of Airport Commis- sion submitting minutes of their meet. ing of August 11, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Slaekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of DMATS submit. ting minutes of their meeting of August 25, 1977, presented and read. Council- man Tully moved that the minutes be re. ceived and filed. Seconded by Council- man Wertzberger. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays -none. Communication of Playground k Recreation Commission submitting min utes of their meeting of August t3, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Board of Dock Commissioners submitting minutes of their meet ingof August :3,1977, present ed and read. Councilman Tully moved that the minutes he received and filed. Seconded by Councilman Wvrtrherger. Parried by the following vote: l ea. Mayor Stackis, Councilown Brad}, Pret!h•r. Tull•. Wertzberger. Nays -none. Communication of Communitv Ih,vel opment Commission submitt ing mi nut e, of their meeting of August 9, 1977, pre rented and read. Councilman "full% moved that the minutes he received and filed. Seconded by Councilman Wertz berger. Carried by the following vote: Yeas -Mayor Stackis, Councilown Brady, Pregler, Tull', Wertiheru,cr. Nays -none. Communication of Five Flags Ci\ w Center Commission submitting minute, of their meeting of August 23. 1977, pre sented and read. Councilman Tulle moved that the minutes be received ;mid filed. Seconded by Councilman 1C'crtz- herger. Carried by the following, vote: Yeas Mavor Stackis. Councilmen Brarty, Pregler, Tull%, Wertzherger. Nays -none. Communication of Dubuque Citizens Advisory Commission submitting min utes of their meeting of A ugust 24.1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- herger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzherger. Nays -none. Communication of Dubuque Ilistori cal Preservation Commission submit ting minutes of their meeting of July 14 and August 11, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vole: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays none. Communication of the Housing Com- mission submitting minutes of their meeting of August 16, 1977, presented and read. Councilman Tully moved that the minutes he received and filed. Se conded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of the Iowa D.E.Q. submitting water main extension cum struction permit for Theisen Addition, presented and read. Councilman Tully moved that the communication he re ceived and filed. Seconded by Council Adjourned Regular Session, man Wertzberger. Carried by the fol lowing vote: Ycas-Mayor Stackis, Cmincilmen Brady, Pregler. Tully, Wvrtzherger. Nays none. Communication of Garry Jorgensen et al requesting individual consideration in viewing their individual situations relative to outside residency, presented and read. Councilman Pregler moved that the communication be received and filed and referred to City Manager and Staff to draft Ordinance. Seconded by Councilman Tully. Carried by the follow ing vote: Yeas Mayor Suickis, Councilmen Preg ler, Tully. Wertzberger. Nay% Councilman Brady. Communication of William A. Con• zetl, attorney, representing Robert Walser, requesting vacation of an alley running north and south between 11th & 12th hounded by Jackson, Washing. ton, 11th & 12th Streets, presented and read. Councilman Tully moved that the communication be referred to City Manager and Staff for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays•none. Communication of Dubuque Electric Motor Service Inc. indicating a desire to purchase Lot 2 of Lot 4 of Block 1 of Industrial Island located at Roosevelt & Kerper Blvd., presented and read. Councilman Tully moved that the com- munication be referred to City Mana ger and Staff for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of Airport Commis cion advising of vacancy on Airport Commission and recommending reap- pointment of Jerry Kopischke, present- ed and read. Councilman Tulle- moved that the communication he received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of Housing Commis cion requesting necessary appoint menu to the Commission in view of the expiration of terms of three members effective August 17, 1977. presented and read. Councilmanmoved that the communication he received and 1977 453 filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays -none. Communication of Finance Director Heitzman requesting a new position of Account Clerk I in the Accounting Sec- tion, presented and read. Councilman Pregler moved that the request be Approved. Seconded by Mayor Stackis. Carried by the following: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 30, 1977 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 conduct. ed examinations for the position of Garage Automotive Mechanics on August 11. 1977. The following named persons have passed the written examination with an average of 70% or better. Neyens. Mark Anthony 77% Decker. Louis A. 71.4% Kelly, Steven J. 70% Carolyn Farrell, B.V.M. John E. Hess Civil Service Commission ATTEST: Leo F. F rommelt Clerk Subscribed and sworn to before me this 30th day of August 1977. Louise M. Ford Notary Public Councilman Tully moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, I'regler, Tully, Wertzberger. Nays -none. 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 conduct• ed examinations for the position of Heating Inspector 1. Two applicants took the test and both failed to produce a passing grade of 70%. Carolyn Farrell, B.V.M. Chairperson John E. Hess Civil Service Commission ATTEST: Len F. Frommelt Clerk 454 Adjourned Regular Session, September 6,1977 Subscribed and- sworn to before me this 30th day of August 1977. Louise M. Ford, Notary Public Councilman Tully moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Council Proceedings for the month of April, 1977, presented for approval. Councilman Tully moved that the pro. ceedings be approved as printed. Se- conded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Bradv, Pregler, Tully, Wertzberger. Nays -none. Proofs of Publication, certified to by the Publisher, of Notice of Hearings for Community Development Block Pro- gram covering acquisition of Site for relocation of Fire House #11, Neighbor- hood Parks Acquisition, Relocation of Sanitary Sewer Lines-. also Public Notice of transfer of Revenue Sharing Funds to Iowa Street Parking Ramp Fund in the amount of $553,960., pre sented and read. Councilman Tullv moved that the proofs he received and filed. Seconded by Councilman Wertz- berger. Carried by the following vole: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Communication of United Ass'n. of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry by Bill Herrig, urging the continuance of enforcement of the building codes, pre- sented and read. Councilman Pregler moved to sus- pend the rules to let, anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Wm. Miller spoke to Council stating Present codes are good: Requesting equal codes. Councilman Tully moved that the communication of United Assn, of Journeymen & Apprentices he received and filed and referred to various organizations. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Communication of Eric A. Schulz, a member of Dubuque Board of Realtors objecting to proposed ordinance which would provide structure inspection prior to any real estate sale and re- questing to address the meeting, pre- sented and read. Eric Schulz read a statement to Council stating that the Real Estate Board voted in opposition to provide structure inspection prior to real estate sales. Councilman Tully moved that the communication and statement of Eric Schulz he received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Communication of C.J. Buelow, as an officer of a local financial institution, requesting permission to address Coun- cil on proposed Ordinance requiring City inspection prior to sale of real estate, presented and read. C.J. Buelow spoke to the communica- tion. Councilman Tully moved that the: communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Communication of M.J. O'Neill sug- gesting consideration to change the speed limit or the sign posting indicat- ing speed limit changes on J.F.K. Road for vehicles heading south toward Ken- nedy Mall, presented and read. Council- man Wertzberger moved that the com- munication he received and filed and referred to City Manager and traffic department. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackic, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. August 23, 1977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director. Water Superintendent, Health Depart ment, as well as a list of claims paid, for the month of July. 1977. Gilbert 1). Chavenelle City Manager Councilman Wertzberger moved that the communication be rvvvi%vd and filed. Seconded by Councilman Pregler. Carried by the following vole: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Proof of Publication, certified to by the Publisher of Iteceipls and Expendi- tures for the month of .I oly . 1977. pre Adjourned Regular Session, September 6, 1977 sented and read. Councilman Wertzber- ger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler. Tully. Wertzberger. Nays none. August 29, 1977 Honorable Mayor and Members of the City Council In accordance with Council Resolu- tion No. 25177, the Financial Audits beginning July 1, 1976 through June 30, 1977, for the Iowa Parking Facilities and the Municipal Sewage Disposal Works and Facilities have been com- pleted and are herewith submitted. Additional copies are available from the Finance Director upon request. Gilbert 1). Chavenelle City Manager Councilman Wertzberger moved that the communication he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays -none. To the Honorable Mayor and Members of the City Council We hereby submit "Applications for Tax Exemption on Agricultural or Hor- ticultural Land" located within the City limits. Agricultural lands as used in Chapter 426.2 shall include all tracts of land of len acres or more, and not laid off into lots of less than ten acres or divided by streets and alleys into parcels of less than ten acres, lying within any school corporation in this State and in good faith used for agricultural or horticultu- ral purposes. This list must tx filed with the County Auditor for proper execution for the benefit of refund, from the State. Gilbert 1). Chavenelle City Manager Councilman Wertzherger moved that the communication be received and filed and approved. Seconded by Coun- cilman Pregler. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 15, 1977 Honorable Mayor and City Council I am returning to you the petition of William 11. Meyers for the vacation of the southerly 150 feet of Ruth Street. I recommend that this portion of Ruth Street he vacated and the property con 1977 455 veyed to Mr. Meyers on the following conditions: First: that none of the abutters on Ruth Street object to the vacation. Second: that the petitioner will have the plot surveyed at his expense. Third: that the petitioner will pay the cost of publishing notices plus :200 to cover city expense. Fourth: that as far as concerns the petitioner, the remaining portion of Ruth Street will not be improved by the city. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the recommendation he approved. Se- conded by Councilman PreRler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Honorable Mayor and August 26. 1977 City Council I submit to you a contract between the Dubuque Police Department and the State Department of Public Safety for continuing the Alcohol Safety Action Program for the period October 1. 1977 through September 30. 1978. Under the contract the state will pay for the services of two patrolmen and one sergeant plus equipment for a total of $58,9-96.00. The city will pay the cost of vehicle maintenance. The program is provided for in the FY 1978 budget except that the new contract provides for state payment of 100% of personnel costs rather than 70% anticipated in the budget. 1 recommend that Chief O'Brien be authorized to sign the contract. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the recommendation be approved. Se- conded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nuys -none. August 22, 1977 Honorable Mayor and City Council On March 9, 1977, claim was filed against the City of Dubuque, Iowa in an unstated amount by Mrs. Bernice Leute of 206 E. 13th Street, this city. and claiming personal injuries occurring on March 9, 1977 as the result of a fall due to tripping on raised edge of sidewalk at the corner of 13th and Iowa Streets in the City of Dubuque. This matter was referred to the City Attorney, who has made an investiga- 456 Adjourned Regular Session, September 6,1977 tion thereof, and has confe,"ed.with the claimant who advises that she suffered a cracked rib and incurred medical expenses of $137.75: said claimant has made an offer of settlement of said claim in the amount of $69.45. In view of foregoing, it is the recommendation of the City Attorney that said offer of settlement be accepted, and the City Auditor be instructed to draw warrant payable to Bernice Leute in the amount of $69.45 and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. R.N. Russo City Attorney Councilman Tully moved that the recommendation be approved and City Auditor directed to issue proper war- rant. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Jody L. Welu, in the amount of $57.39 for car damage incurred as the result of driving into broken glass in the Iowa & Fourth Street Parking Lot on August 16, 1977, presented and read. Councilman Tully moved that the Notice of Claim be re- ferred to the City Solicitor for investi- gation and report. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Dubuque Bank & Trust Company, conservator of the es- tate of James J. Doyle, in the amount of $523.89, for damage to home at 682 Dodge Street due to negligent failure to shut off water main when requested by homeowner, presented and read. Coun. cilman Tully moved that the Notice of Claim he referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brad., Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Deborah Ann Hall, in the amount of $25,000., for personal injuries received at the hands of a uni formed policeman wielding a nitestick at Petrakis Park on July 21, 1977, pre- sented and read. Councilman Tully moved that the Notice of Claim be re. ferred to the City Solicitor for investi- gation and report. Seconded by Council. man Wertzberger. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Gerald W. Neu- haus, in the amount of $265., in small claims court, for labor, material and damage as the result of a backed -up sewer into his home at 820 Mt. Loretta Ave. on December 8, 1976, presented and read. Councilman Tully moved that the Notice of Claim he referred to the City Solicitor for investigation and report. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Mike Rohner, in an estimated amount of $90.95 for mo- torcycle damage incurred as the result of striking a hole in the street at 90 S. Locust St. on August 21, 1977, present. ed and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to reclassify Lot 13 and Lot 14 in Block 1 and a portion of Lot 2 of 1 of l and a portion of I.ot 2 of Lot 15 all in Birch Acres from R-3 to R-2 Residential District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 58.77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DE SCRIBED PROPERTY IN "BIRCH ACRES" SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, FROM R-3 RES. IDENTIAL DISTRICT CLASSIFICA• TION TO R•2 RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of August 1, 1977, presented for final adoption. Adjourned Regular Session, SEPTEMBER 6, 1977 ORDINANCE NO. 58.77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3275, KNOWN AS THE ''ZONING ORD1 NANCE AND ZONING MAP OF THE CITY OF DUBUQUE. IOWA.' SO AS TO RECLASSIFY HEREINAFTER DE SCRIBED PROPERTY IN ''BIRTH ACRES-' SUBDIVISION IN THE CITY OF DUBUQUE. IOWA. FROM R-3 RESIDENTIAL DISTRICT CLASSIFI CATION TO R-2 RESIDENTIAL DIS TRICT CLASSIFICATION NOW THEREFORE BE IT ORDAI• NED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA Section 1. Thai ()r,l ,.q- %,0.32-75, known os the 'Ztinioq Ordinance and Zoning Alap of rhe City itf Dubuque, lova'; be and the same is hereby amended by chanyiny from "R-3"Resi- dential District" classifiratitnt fit "R-2 Residential District" classification tht folltiuving described real estate. to unit: Litt 18 and Lot 14 of Block I of "Birch 'Acres"; and, A portion of Lot 1 rnf Litt 1 0 Lot I of '7tirrh Acres" and it portion of Lot 2 of Lot 15 of ltloek I of "Birch Arres'; in the City of Dubuque, lowiL as follows: Commencing at the North - trust corner of Lot 14 of Block 1 in Birch Acres at the right-of-way line of Fremont A venue; thence North tcesterl;y 647.7.5 feet on the northerly right-of-way line of Fre. mont A Benue; thence F.'ast North- easterly 230 feet: thence Southerly 675.07 fleet tilting a line parallel to the Northerly right-oftiwy line of Fremont A venue to a Intint of tn- lersection tit the Northeast corner of the North line of Lot 13 of Block 1 of Birch Acres; thence Easterly along the North line of Litt 13 and Litt 14 of Block 1 of lurch Acres a distance of 204.14 feet, to the point of beginning, and containing 3.34 acres, more or less, in the City of Dubuque, lowit. Stotlon 2. That the foregoing amendment has heretofore been appro ved by the Planning and Zoning Com mission of the City of Dubuque, /ou'a Passed, approved and adopted this 61h day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Junius E. Brady Walter A. Pregler Councilmen ATTF :NT: Leo F. F'rointnelt City Clerk 457 Published officially in the Telcgmph Herold Newspoper this 12fh day of September 1977. Lco F. F'rommelt Cittt ('It•rk 11laill Councilman Tully moved final adop. tion of the Ordinance. Seconded by Councilman Wertzberge.r. Carried by I he following vote: Yeas -Mayor Stackis. Councilmen Brady, i'regler, Tully, Wertzberger. Nays -none. Proof of Publication, certified by the Publisher, of Notice of Public Hearing t reclassify portions of the Edwards Property known as Patricia AnneSuhdi- cision for AG Agricultural Dioriel to R-2 and R-4 Residential District Classi- fications, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. ORDINANCE NO. 59-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THERE. OF. ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PORTIONS OF THE EDWARDS' PROPERTY KNOWN AS PATRICIA ANNE SUBDIVISION, FROM AG AGRICULTURAL DISTRICT TO R-2 RESIDENTIAL DISTRICT AND RA RESIDENTIAL DISTRICT CLASSI. FICATION, said Ordinance having been previously presented and read at the Council Meeting of August 1, 1977, presented for final adoptimi ORDINANCE NO, 59.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSIFYING PORTIONS OF THE EDWARDS' PROPERTY KNOWN AS PATRICIA ANNE SUBDIVISION, FROM AG AGRICULTURAL DISTRICT TO R-2 RESIDENTIAL DISTRICT AND RA RESIDENTIAL DISTRICT CLASSI- FICATION. 458 Adjourned Regular Session, September 6,1977 NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, lova, be amended by revising Appendix A thereof. also known as the 'Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa. "to reclassify herein- after described property ,from "AG Agricultural District" classification to "R-2 Residential District" classifica- tior& the following described real estate, to wit: Lot 1-A of Block ata of Parkland Ridge; Lot 1 of I of I of Duggan Farm, excluding the following por- tion; beginning at the Southwest corner of Lot 2 of Lot 1 of I of Dug- gan Farm in Section Z Township 88 North, Range Fast of the 51h Principal Meridian in the City of Dubuque, Iowa; thence Westerly along the South line of Lot 1 of Lot I of Lot 1 of Duggan Farm, approx- imately 170 feet to a point; thence North 04 41 feet {rest approximate- ly 210 feet to a pointe thence North 84 41 feet West approximately 35 feet to a point; thence North 01 18 feet East approximately 200feet to the South line of Lot 4, Block 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Duggan Farm; thence Easterly a- long the South line of Lot 4 and Lot 5 of Block 2 and Lot I -A of Block 3 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Duggan Farm to the West right-ol= way line of Edwards'Road; then(.,. Mouth (14 411, 1 1 b-ast appr,,.riwnn Iq 110 ter I h, o pail/: Ih, lc,•, No It, I H, SI ,Ipprn,rio,alr 101 21111 I. • ' Ili a point-, thenc, Sulllil n4 41.1, , Fast aplim.rilnalcly 175 10 rI la tin to the point of beginning; Lot 2 of the Northeast 1/4 of the Northwest fractional 1/4 and Lot 2 of Lot 2 of Mineral Lot 498, all in Section 2, Township 88 North, Range 2 East of the 5th Principal Meridian; That portion of Mineral Lot 498 in Sec- tion 2, Township 88 North, Range 2 East of the 51h Principal Meridian, excluding the following portion; beginning at the Southwest corner of Lot 2 of Lot 1 ot'Lot I of Duggan Farm in Section 2, Township 88 North, range 2 Fast of the .5th Principal Meridian; thence South 04 41 Feet East approximately 350 feet to a point. thence North 85 19 feet East approximately 200 feet Io a point; thence South 04 41 feet Fast approximately 25 feet to a puil,l; flu ur1 South 8.5 191" 1 11 ,...I 111,1(I'u.ri ala 1, I'l .; J i I„ I In to point: thence North 52 40 feet West approximately 230 feet to a point, thence North 38 19 feet West approximately 170 feet to a paint; thence North 04 41 feet West approximately 95 feet to a point; thence Easterly along the South line of Lot 1 of Lot 1 of Lot 1 ofDuggan Farm approximately 170 feet to the point of beginning, all lying in the City of Dubuque. Iowa. Section 2. That the Code of Ordi- nances of the City of Dubuque, lova, be amended by reivisng Appendix A there. of, also known as the 'Zoning Ordi. nance and Zoning Map of the City of Dubuque, lova" to reclassify hereinaf. ter described properly from "AG Agri- cultural District "class ification to "R-4" Residential District" classification, the following described real estate, to wit: Lot 2 of Lot 1 of Lot 1 of Duggan Farm. Lot 2 of Lot 1 of Mineral Lot 498 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 498 in Section 2 Town. ship 88. Range 2 East of the 5th Principal Meridian, and part of Lot I of Lot I of Lot 1 of Duggan Farm and part of Lot 1 of Lot 1 ofLot 1 at Mineral Lot 498 in Section 2 Township 88, Range 2 Fast of the 51h Principal Meridian, and more particularly described as follows: Beginning 25 feet East of the Northeast corner of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 498 and the centerline of Edwards Drive, in Section 2, Township 88 North, range 2 Fast of the .5th Principal Meridian in the City of Dubuque, loum; thence South 4 41 feet East approximately 690 ,!'eel along the centerline of Edwards Road.- thence 85 19 feet West approximately 340 Jeet to a point; thence North 52 40 feet West approximately 2.10 Iir t to a point; thence North 38 19 1,, I East approximately 170 'It- r t h, a point, thence North 04 41 1„ l West approximately 30.5 It rl h, o point; thence North 84 41 feet lt'est approximately 35 feel Ilia point; thence North 01 18 feet East approximately 200 feet to the South Line of Lot 4, Block 2 of Lot 1,010 1 nl /.,,1 2n11,,,1 /0 llarlrlaa Vorns; thl nr, l.u,h ll,l #11mlp Flu snulbliu, iflurli IaNlll,nl I ,1. l;lrn 1: lull.r,l1 ul l.ul 1 ul l.,J .x.,11.,,(1 „I Ileggan final In th, -, nil ll,n, ,I i di,alds lino,/; Iho I,., \„,11h o-1,,1 h , ! /irl,l appinr,rl,ah 111 !IN 1, , t ahurq Ih, c, nh rGn, „I ii,ln,nJ, U-0. h, Ih, pin 111 ,I h„l,bl wl. ,111 hpll,l to 11/1 Cdq nl lluhlnla, l„„ u Adjourned Regular Session, Sept. ember 6,1977 459 Section 3. That said territories have become a part of the Thirteenth Voting Precinct of the City of Dubuque. Iowa Section 4. That the foregoing amendments have heretofore been appromd by the Planning and 7.nning Commission of the City of Dubuque, Iowa. Passed adoptees. and approved this 6th day of September 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST• Leo F. Frommelt City Clerk Published officially in the Telegraph Herold Newspaper this 12th day of September 1977. Leo F. Frommelt City Clerk 119/12 Councilman Tully moved final adop. tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackm Councilmen Brady Pregler, Tully. Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher. of Notice of Public Hear. Ing to amend City Code of Ordinances by revising Appendix A thereof by re- pealing Section 4114.2 thereof and en- acting a new Section 4.114.2 in lieu thereof providing for principal permit- ted uses in the C-3 Arterial Business Commercial District. presented and read. No written objections were filed and no oral objectors were present. in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication he received and filed. Seconded by Coun- cilman Pregler. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays none. August 31, 1977 Honorable Mayor and Councilmen At -Your September fi, 1477, meeting. you will have a public hearing on a pro- posed ordinance amending the list of permitted uses in the C3 Arterial Husi ness District. The ordinance now before You contains a potentially troublesome duplication in its separate listing of re tail sporting goods stores and retail ap parol stores as permitted uses Iltems 16 and 17 of t he Principal Permitted I Isesl. The authority to establish those two uses is also contained in item 2 of the list, which refers to the uses of the C-1 Commercial District as also permitted in the C-3 Distriet. Referenre to the two uses in that section provides for an en• forceable size limitation, which we feel is important to the C-3 District and to the smaller scale shipping facilities that the district is intended to accommo date. Because of this duplicate listing, we request that you amend the ordinance enacting a new Section 4114.2 by strik. ing Items 16 and 17 prior to final adop tion of that ordinance. Daniel Dittemore Director of Community DevelopmentCouncilman Wertzberger moved that the request be approved. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, i'regler, Tully. Wertzberger. 'days -none. ORDINANCE 60-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCE, CITY OF DUBUQUE. IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 4.114.2 THEREOF. AND BY ENACTING A NEW SECTION 4.114.2 IN LIEU THEREOF PROVIDING FOR PRINCI- PAL PERMITTED USES IN THE C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICT, said ordinance having been previously presented and read at the council meet- ing of August 1. 1977, presented for final adoption. ORDINANCE NO. 60.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCE, CITY OF DUBUQUE. IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 4.114.2 THEREOF AND BY ENACTING A NEW SECTION 4.114.2 IN LIEU THEREOF PROVIDING FOR PRINCI- PAL PERMITTED USES IN THE C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICT NOW THEREFORE BE IT ORDAIN- ED BY THE CITYCOUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the' (bdrr rif Ordi- nurrrr, w the City of Dubuque, Iowa, be amended by revising Appendix A 460 Adjourned Regular Session, September6,1977 thereof, also known as the 'Zoning Or. dinance and Zoning Map of the City of Dubuque. Iowa" by repealing Section 4.114.2 thereof and by enacting a new Section 4-114.2 in lieu thereof. as fol- lows: ARTICLE IV DISTRICT REGULATIONS Section 4.114 C-3 Arterial Business Commercial District Section 4.114.2 Principal Permitted Uses 1. Pro.1cssional office uses. 2. Any Principal Permitted Uses of the C-1 Commercial District, provided that the limitations of Section 4.112.6 shall apply to all such uses except those that may hereafter be listed in this Sec- tion. 3. Sales, rental, storage, repair or servicing of vehicles, including gas sta- tions. 4. Indoor restaurants, drive-in res- taurants, bars or taverns. 5. Motels. 6. Furniture or appliance sales, in - eluding servicing. 7. ]tanks. 8. Office supplies. 9. Sales of agricultural or construc- tion supplies, including but not limited to farm implements, hardware or elec- trical supplies, lumber and similar goods. 10. Fresh produce sales. 11. Package liquor sales. 12.Moving, storage, orfreight trans- fer facilities. 13. Parking lots. 14. Drive-in theater, miniature golf courses, golf driving ranges, bowling alleys, or other commercial recreation establishments. 15. Outdoor camping areas. 16. Travel agency -ticket offices. Section 2. That the foregoing amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregier Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 13th day of Sep tember 1977. Leo F. Frommelt City Clerk 119113 Councilman Wertzberger moved final adoption of the Ordinance as Amended. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by t he Publisher, of Notice of Public Hear- ing to amend City Code of Ordinances by reclassifying portions of I.. H. I.ang- worthy's Addn. from R-4 Residential District to C-4 General Commercial Dis- trict Classification (E. 21st St. between Jackson & White), 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. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 61.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE. IOWA. BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DE- SCRIBED PORTIONS OF L. H. LANG. WORTHY'S ADDITION FROM R-4 RESIDENTIAL DISTRICT CLASSIFI- CATION TO C-3 GENERAL COMMER- CIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of August 1, 1977, presented for final adoption. ORDINANCE NO. 61.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA". BY RECLASSIFYING HEREINAFTER DE. SCRIBED PORTIONS OF L.H. LANG - WORTHY'S ADDITION FROM R-4 RESIDENTIAL DISTRICT CLASSIFI- CATION TO C-4 GENERAL COMMER- CIAL DISTRICT CLASSIFICATION. Adjourned Regular Session, September 6,1977 461 NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Onli- lurnry s of the City of Dubuque, lowm be n71ended by reeisinq Appendix A tho-roof, also known as the "Zoning Or- dinance and Zoning Afap of the City of Dubuque, lotty ' by reclassifying here. inafter described llnrtinns of L.N. Langu'nrthy's Addition from 'R-4 Resi- dential District" classification to "C-4 General Commercial District" rlassification the following described real estate, to frit: the South 42f ret 1 inch of the West 42 of Lot 40, the North 1R feet 1 inch of the West !'r of Lot 41 nil in L.H. Lanqu,orthy's Addition in the City of 1)ubuque. Iowa. Section 2. That the foregoing amendment has heretofore been a. premed by the, Planning and Toning Commission of the City of Dubuque, lona. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this IIth day of Sep- tember 1977. Leo F. Frommell Cit% Clerk 119112 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vole: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 19, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Edward Tegeler. Sr., which requested C•3 Arte rial Business District classification on his property located on the west side of the 2300 block of Central Avenue in the City of Dubuque, Iowa. In considering the Tegeler request the Planning and Zoning Commission recommended that adjacent commercial properties, a gas station, beer store, and Key Line bus garage, be included in the request. A vicinity map showing all of the proper. ties described is attached, as well as communications from Rainbo Oil Com. pany supporting the request and Mrs. Alvina McAndrews of 111 West 23rd Street objecting to the rezoning. In considering this request the Com. mission determined that the C-3 Arteri- al Business Commercial District classi. fication could appropriately be applied to the uses lying on the west side of the 2300 block of Central Avenue and prey. ently zoned C-2 Local Service Commer- cial District, but concluded that expan. sion of the C-3 zone to the east side of Central or to the R-2 parcel lying west of the Tegeler property between West 23rd and West 24th Streets would be an encroachment upon the existing resi- dential neighborhood. The Planning and Zoning Commis. sion has approved the C-3 Arterial Busi. ness District classification on the prop- erties lying on the west side only of Central Avenue, between West 23rd and West 24th Streets except the par- cel described as the Westerly 180 feet of Lot 1 of Valeria Place and recom- mends your favorable consideration. City Planning and Zoning Commission Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, 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 thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque. Iowa", by reclassifying por- tions of property on the west side of the 2,300 Block of Central Avenue from C-2 Local Service Commercial District to C .3 Arterial Business Commercial Dis- trict Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol. lowing vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Councilman Pregler moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is tak- en, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: 462 Session, September 6,1977 Yeas -Mayor Stackis. Councilmen Brady. I Commercial District Classification, pre Pregler, Tully. Wertzberger. Nays -none. Councilman Pregler moved that a public hearing he held on the Ordinance on October 3. 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to publish notice of the hearing in the man- ner required by law. Seconded by Cou- cilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays -none. August 19, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Theisen Building Company, Inc. to reclassify their recently annexed property from AG Agricultural District classification to C-3 Arterial Business District classi- fication. The property, which is depict- ed in a shaded pattern on the attached map, lies approximately 258 feet south of the U.S. Highway 20 right-of-way, west of the Power Equipment Company property, in the City of Dubuque, Iowa. In considering this proposal the Com- mission was informed by the petitioner that the grading being done on the property is in compliance with the Iowa Department of Natural Resources regu- lations governing flood plains; that they have met the requirements of the De- partment of Environmental Quality for sewer construction and that a site plan has been submitted to the City of Dubu- que for its approval. The Planning and Zoning Commis- sion has voted to approve the C-3 Arterial Business District classification on the Theisen property and recom- mends your favorable consideration. City Planning and Zoning Commission Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, 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 thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying por- tions of Mineral Lot 237 and Mineral Lot 243 from AG Agricultural District Classification to C-3 Arterial Business sented and read. councilman Pregler moved that the reading just had he considered the fir%t reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Councilman Pregler moved that. the rule requiring an Ordinance to he re ceived and filed at two meetings prior to the meeting when final action is tak- en, he dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mavor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Councilman Pregler moved (hat a public hearing be held on the Ordinance on October 3, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to publish notice of the hearing in the man. ner required by law. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Dubuque Women's Club requesting that Alpine Street be closed from W. 3rd to Melrose Terraceto ac- comodate a Picket Fence Show to he held on September 11, 1977, presented and read. Councilman Wertzherger moved that the request be approved subject to final approval of City Manag- er. Seconded by Councilman Tully. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Petition of Wahlert High School re- questing permission to conduct a Home- coming Parade on October 13, 1977, pre- sented and read. Councilman Wertzber- ger moved that the request be approv ed subject to final approval of City Man ager. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Sister M. Rose Agnes O.S.F. in behalf of Senior Citizens Square Dancers, requesting parking consideration at 1099 Iowa Street on certain hours on Tuesdays and Fridays, presented and read. Sister Rose Agnes and Leo Hickey, representing senior citizens, spoke to the petition. Councilman Wertzberger moved that the concept he approved Adjourned Regular Session, September 6, 1977 and referred to the Citv Manager and Traffic Department for report. Second. ed by Mavor Stackis. Carried by the fol- lowing vole: Yeas-Mavor Stackis. Councilmen Brady, Pregler, Tully, Wertzherger. Na vs -none. Petition of Dubuque TV -PM Cable Advisory Commission requesting ap- pointment of Charles Cyhorsky to fill one of t he vacancies on the Commission, presented and read. Councilman Wertz berger moved that the petition be re (erred to the Council. Seconded by Councilman Pregler. Carried by the fol lowing vote: Yeas Mayor Stackis. Councilmen Brady. Pregler, 'fully. Wertzberger. Nays none. Petition of Carl N. (bane, requesting a refund of $75. on unexpired portion of Cigarette License No. 1180, discontinu- ed business on July 30. 1977, presented and read. Councilman Wertzberger moved that the refund he granted and City Auditor directed to issue proper warrant. Seconded by Councilman Pregler. Uarried by the following vote: Yeas-Mavor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays -none. Petition of Carl N. Brant, requesting a refund of $422.50 on unexpired por- tion of Beer -Liquor License No. C-2221 discontinued business on July 30, 1977, presented and read. Councilman Wertz- berger moved that the: refund he grant- ed and City Auditor directed to issue proper warrant. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mavor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Mary Vreeland, request- ing a refund of $75. on unexpired por- tion of Cigarette License No. 1234, dis- continued business on August 15, 1977, presented and read. Councilman Wertz- berger moved that the refund be grant- ed and City Auditor directed to issue proper warrant. Seconded by Council- man Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. Petition of Don Plumley requesting a refund of $75. on unexpired portion of Cigarette License No. 1286, discontinu- ed business on August 1, 1977, present- ed and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Secondvil h% councilman Pregler. Carried by the following vote: 1977 463 Yeas Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Petition of Clarence R. Jones re. questing a refund of $75. on unexpired portion of Cigarette License No. 1253, discontinued business on August 23, 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to is. sue proper warrant. Seconded by Coun. cilman Pregler. Carried by the follow- ing vote: Yens -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none.. Petition of Birch Oil Co., requesting a refund of $75. on unexpired Cigarette License No. 1134, discontinued business on September 1, 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Au- ditor directed to issue proper warrant. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Charles Nesteby, request- ing a refund of $75. on the unexpired portion of Cigarette License No. 1170, discontinued business on August 22, 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to is- sue proper warrant. Seconded by Coun- cilman Pregler. Carried by the follow- ing vole: Yeas -Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nuys -none. August 18, 1977 Honorable Mayor and City Council As you know, Finley Hospital has ap- proached the City Council with the view of issuing some ten million dollars in revenue bonds in the name of the City of Dubuque for the purposes of Finley Hospital improvements. The City Council has heretofore adopted an ordinance establishing charges to be fixed by the City for cov- ering preliminary expenses in the in- vestigation and feasibility of said fi- nancing, and in addition provides that the City of Dubuque shall charge a fi- nancing fee which is on a graduated scale to cover the services of its finan- cial consultant Paul Speer. As in the past, I have represented to the City Council that in the view of the highly technical nature of the bond pro- ceedings. and in view of the critical time factors involved, that the City At- torney's Office does not consider that 464 Adjourned Regular Session, September 6.1977 service as part of the annual salary the City Attorney is paid, and consequently feels thatit is appropriate that the City pay the City Attorney in addition to his salary for such time and effort as is ex- pended by him in perfecting said reve. nue bonds issue. Accordingly, it is the recommenda- tion of the City Attorneys Office that he be permitted to charge the City at the rate of $50.00 an hour for any and all services rendered in connection with this bond issue by Finley Hospital and that said charge he made by the City. being reimbursed to the City by direct ly charging same to the Finlev Hospital Bond Issue and as a charge to be paid by the Hospital to t he City by way of re- imbursement. Accordingly, l am transmitting a pro- posed form of resolution herewith in or. der that the same may be adopted by the City Council in order that all parties may understand the subject matter of this transaction. R. N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 342.77 WHEREAS, Finley Hospital propos- es to cause to be issued $10,525,000 City of Dubuque, Iowa, Hospital Facility First Mortgage Revenue Bonds; and WHEREAS, said issue will place un- usual demand upon the time and efforts of R. N. Russo, City Attorney, City of Dubuque, Iowa, above and beyond the scope of his salary arrangement with the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That R. N. Russo, City At- torney, and the City Council do hereby agree that the said R. N. Russo be paid a fee of $50.00 an hour for any and all services connected with the said reve- nue bond issue in the amount of $10,525,000 for the Finley Hospital pro- ject, and that the same be billed the City on a monthly billing by itemized statement and that said amount be charged to Finley Hospital who shall make payment thereof directly to the City and from which the said services of R. N. Russo shall be paid. Passed, adopted, and approved this 6th day of September. 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger .lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Pre- gler, Tully. Wertzberger. Nays -Councilman Brady. August 17. 1977 To the Honorable Mayor and City Council Enclosed rind our June 30. 1976 to June 30, 1977 Street Finance Report which in- cludes all income and expenditures for street and parking purposes. The rust column contains the entire Road Use Tax accounting which includes new street construction, road and alley re pair, snow removal, street cleaning, traffic signal construction and right of way pur. chase. The second column is the street fund ac- count which accounts for traffic signs and markings, some roadway maintenance, tore trimming and street department adminis- tration. The third column accoun4s for money collected and spent under special assess- ment, street lighting, traffic signal mainte nance, storm sewer repair and cleaning, and a portion of tree trimming expense. The total expenditure for street related purposes this year is $2,381,603 as comiwr ed to last year's total expenditure of $2,359,308. The parking report is on a separate sheet which shows our Iasi year's expendi- tures for parking of $362.889 as compared to $344,172 the year before last. Gilbert 1). Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vole: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger, Nays -none. RESOLUTION NO. 343.77 Approving Official Report of Munici• Willy for Municipal Streets and Park - Ing for 1976 WHEREAS, an official report of mu- nicipality expenditures and receipts for 1976 for municipal streets and parking Adjourned Regular Session, September 6, 1977 facilities in the City of Dubuque, has been duly prepared as required by Chapter 312 Road Use Tax account, Code of Iowa, and submitted to this Council for approval, and WHEREAS. this Council has examin ed the official report of the City of Du- buque for its street and parking facili ties from June 30. 1976 to June 30, 1977 wherein receipts and expenditures are shown for 1976 along with a Street Bond supplement. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the official report of the City of Dubuque for its streets and parking facilities from June 311, 1976 to June 30. 1977 be and the same is hereby approved. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. July 25, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the fi. nal plat of Lots 2 through 18 of Block 17 in "Mettel-Byrne Addition" in the City of Dubuque. Iowa. The lots lie on either side of a westerly extension of Creston Drive, west of its interection with Glen- wood Court its depicted on the attached map. The Planning and Zoning Commission has determined that the plat is in con- formance with the Subdivision Regula- tions and Zoning Ordinance of the City of Dubuque, Iowa, and has mel the ap proval of the Engineering Department, and recommends your favorable consid eralion. City Planning and and 'Zoning Commission Daniel Dittemnre Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: 1977 465 Yeas -Mayor Std, Councilmen Brady, Pregler, Tully, Wertabergw. Nays -none. RESOLUTION No. 34477 Resolution ApmV4 q the Plat o1 Lot$ 2 through 18 In Block 17, Mettel. Byrne Addition In the City of Du. buque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdi- vision to be known as Lots 2 through 18 in Block 17, Mettel-Byrne Addition in the City of Dubuque, Iowa, by Mettel- Realty & Investment Co.; and WHEREAS. uponsaid plat appear streets to be known as Creston Street, together with certain public utility easements which the Owners by said plat have dedicated to the public forev- er: and W HEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been establish- ed, the streets brought to grade, or pav- ing, sewer or water installed: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Creston Street, together with the ease- ments for public utilities as the same appear upon said plat. be and the same are hereby accepted; Section 2. That the plat of Lots 2 through 18 in Block 17. Mettel-Byrne Addition in the City of Dubuque. Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: it, To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Creston Street with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubu- que standard specifications; h. Tu install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat: e. 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 sub- mitted with the plat; 466 Adjourned Regular Session 6, 1977 e. To install concrete. sidewalks as re quired by Ordinances, and where di rected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with plans submitted with the plat; g. To construct the foregoing improve- ments in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; h. To maintain the foregoing improve- ments for a period of four (41 years from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider Mettel Real- ty & Investment Co. as owner; j. To construct said improvements, ex- cept sidewalks and street lighting prior to January 15, 1979 and to con- struct the sidewalks and street light- ing prior to January 15,1981. and further provided that said Mettel Realty & Investment Co., as owner of said Subdivision, secure the perfor- mance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Mettel Realty & Investment Co., shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the accept- ance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully J r. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 344.77 We, the undersigned C. E. Mettel, President and Lorraine Klumpp, Vice - President of Mettel Realty & Invest ment Co. having read the terms and conditions of the foregoing Resolution No. 344-77 and being familiar with the conditions thereof, hereby accept the same and agree to perform the condi tions required therein. Dated at Dubuque, Iowa, this 12th day of September, 1977. Mettel Realty & Investment Co. by C. E. Mettel President and Lorraine Klumpp Vice -President TO: Leo F. Frommelt City Clerk This is t.o c(-rtifv that the security pro vided by the foregoing Resolution No. 344 77 has been furnished by the owners. Dated at Dubuque, Iowa, this 7th day of October, 1977. Gilbert 1). Chavenelle City Manager Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fo Ilowing vote: Yeas Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzherger. Nays -None. August 26, 1977 Honorable Mayor and City Council I request that you adopt the attached resolution providing $7,327.36 city funds for our Patrol Investigator Pro- gram assisted by a grant from the Iowa Crime Commission. As explained in the attached letter from Chief O'Brien, the proposed reso- lution is a $240.56 addition to a resolu- tion passed by the Council on December 6th. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication he received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. MATCHING RESOLUTION NO. 34577 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed hereto- fore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title Amount of Funds of Project Being Provided Patrol Investi gators ('2) 57,7327.36 Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Adjourned Regular Session, September 6, 1977 Leo F. Frommelt City Clerk This Matching Resolution Super seder Matching Resolution in the amount of $7.0R6.80 - Councilman Tully moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzherger. Nays none. Communication of Chief of Police suhmitting a matching resolution for a Fill Fingerprint Training School, pre- sented and read. Councilman Wertzber ger moved that the communication be received and filed. Seconded by Coum oilman Pregler. Carried by the follow ingvote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzherger. \nvs nnne. MATCHING RESOLUTION NO. 346-77 WHEREAS, the City ut Dubuque of Iowa. by resolution duly passed hereto. fore. has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title Amount of Funds of Project Being Provided I,aw Enforcement Training $11.:36 Passed, adopted, and approved this lith day of September, 1977. Emil Stackis Mayor Thomas A.TullvJr. Richard Wertzberger James F. Ilrady Walter A. Pregler Councilmen ATTEST: Len F. Frommell City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol lowing vote: Yeas -Mayor Stackis, Councilmen Rrady, Pregler, Tully. Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher. of Notice of Public Ileac ing to consider views of citizens regard- ing the application of 100 Housing Units, presented and read. Councilman Pregler moved that the proof of publica lion he received and filed. Seconded by Councilman Tulle. Carried by the fol- lowing vote: Yeas Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzherger. Nays none. ternber6,1977 467 Communication of Community Devel. opment recommending cancellation of the public hearing relative to applica- tion of 100 housing units because the ap. plication was rejected, presented and read. Councilman Pregler moved that the communication he received and filed. Seconded by Councilman Tully. Carried by t he following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzherger. Nays -none. Communication of Housing Commis- sion indicating! that the implementation of a traditional public housing program is required in the City as part of an of fort to provide decent housing for low• income families, presented and read. Councilman Tully moved that the com- munication he received and filed. Sec• onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen lirady, Pregler, Tully. Wertzherger. Nays -none, RESOLUTION NO. 347.77 Authorizing City Staff to Develop a Traditional Public Housing Proposal for Consideration by the City Council of the City of Dubuque, Iowa WHEREAS, the City of Dubuque Housing Commission has reviewed the housing conditions in the City of Du- buque, Iowa and has determined that the housing needs of many lower in. come families in Dubuque are not and will not be met by the existing housing market: and WHEREAS, the United States De- partment of Housing and Urban Devel. opment administers a program of Tra- ditional Public Housing, which provides financial assistance to public housing agencies to develop, own, and operate Inw-rent housing: and WHEREAS, the City of Dubuque Housing Commission has recommended participation in the Traditional Public Housing Program to help alleviate the housing crisis for the City's low-income families; and WHEREAS, the United States De. partment of Housing and Urban Devel- opment (1111Dl may be offering the City of 1)ubuque the opportunity to apply for participation in the program during the Later part of ealendar year 1977 or early 1978: NOW, THEREFORE, BE: IT RE- SOLVED HY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, TIIAT: Section t. City Staff is directed to develop a program designed to place the City of Dubuque in a position to 468 Adjourned Regular Session. September 6,1977 apply for participation in the Tradi- tional Public Housing Program: and Section 2. City Staff is directed to report. its findings to t he City Council in a timely manner which will allow the Council enough time to consider the program prior to an application dead- line set by HUD. Passed, adopted, and approved this 6th day of September. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved that the Resolution be adopted. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear• ing of intention to issue Hospital Facil- ity First Mortgage Refunding and Im- provement Revenue Bonds, 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. Edna Thompson ad- dressed the Council asking questions pertaining to the Project. Mel Graves and Dr. Luke Faber stated Project go• ing as proposed; No deletion; Project approved under Section 1122. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 348.77 Resolution Adjourning Public Hear• ing on the Proposal to Issue Not to Exceed $10,750,000 Hospital Facility First Mortgage Refunding and Im• provement Revenue Bonds (The Fin• ley Hospital Project) Series 1977, of the City of Dubuque, Iowa WHEREAS, the City of Dubuque (the "City"), a municipality and political subdivision in the County of Dubuque, State of Iowa, is authorized by Chapter 419 of the Code of Iowa, as amended (the "Act"), to issue revenue bonds and loan the proceeds to one or more con tracting parties to be used to pay the cost of land, buildings and improve. menu suitahle for the use of any volun terry nonprofit hospital;and WHEREAS, the City is further au- thorized and empowered by the provi- %inns of the Act to issue its refunding bonds to refund its bond theretofore is sued under the Act: and WHEREAS, The Finley Hospital, an IOWA nonprofit. corporation (the "Cor poration" ), presently owns and operates a voluntary nonprofit hospital ((he "Ilospital" I within the rorporate limits of the CiIv: and WHEREAS, on May 13, 1975 the City issued its $4,250,000 principal amount of Hospital Facility First Mort- gage ortgage Revenue Bonds (The Finley Hospi tal Project) Series A (the "Series A Bonds"I dated January 1, 1975, all of which are currently outstanding for the purpose of loaning funds to the Corpor- ation to finance part of the cost of cer- tain buildings and improvements suit- able for the use of the Hospital; and WHEREAS, it is deemed necessary and advisable that Hospital Facility First Mortgage Refunding and Im- provement Revenue Bonds (The Finley Hospital Project) Series 1977 of the City in a principal amount not to exceed $10,750,000 (the "Series 1977 Bonds") should be. issued to refund in advance all of the Series A Bonds and to finance part of the cost of additional buildings and improvements suitable for the use of the Hospital; and WHEREAS, the issuance of the Se- ries 1977 Bonds will promote the gener- al health and welfare of the inhabitants of the City; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act, on the pro- posal to issue the Series 1977 Bonds: NOW, THEREFORE, HE IT RE SOLVED BY THE CITY COU NCII, OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That at the public hearing conducted by this City Council pursu ant to published notice all local resi dents who appeared were given an op In rl unity to express their views for or against the proposal to issue the Series 1977 Bonds. Section 2. That the public hearing on the proposal to issue the Series 1977 Bonds is hearby adjourned to Septem- ber 19, 1977, at 7:30 o'clock P.M., at the Council Chambers in the City Hall in said City, at which time and place this City Council will again meet. Section 3. That this Resolution shall become effective immediately upon its passage and approval. Adjourned Regular Session, September 6, 1977 Passed and approved September fi, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt Pity Clerk Councilman Wertzberger moved adoption of thr Resolution. Seconded by Councilman Tully. Parried by the following vote: Yeas Mayor Starkis. Councilmen Brady. Preglrr, Tully, Wertzberger. Nav- none. RESOLUTION NO. 349.77 Authorizing the Execution of a Grant Agreement with the Economic Devel• opment Administration for Construc- tion of Tennis Courts at Flora Nark WHEREAS, pursuant to the provi- sions of the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has ap- proved an application filed by the City of Dubuque to provide financial assis- tance for construction of tennis courts at Flora Park. NOW THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $63,128 with the Economic Development Ad• ministration for EDA Project No. 05-51- 26521 Construction of Tennis Courts at Flora Park. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vole: Yeas Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. 4 RESOLUTION NO. 35077 Authorizing the Execution of a Grant Agreement with the Economic Devel- opment Administration for Marshall and Roosevelt (FDR) Park Improve. merits ttember6,1977 469 WHEREAS, pursuant to the provi- sions of the Local Public Works Capital Development and investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has ap• roved an application filed by the City of Dubuque to provide financial assistance for Marshall and Roosevelt (FDR) Park Improvements. NOW THEREFORE, RE IT RE. SOLVED BY THE; CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $85,974 with the Economic Development Ad- ministration for EDA Project No. 05.51- 26533 Marshall and Roosevelt (FDRI Park Improvements. Passed, adopted, and approved this 6t h day of September. 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays.none. Abstain -Councilman Tully. RESOLUTION NO. 351.77 Authorizing the Execution of a Grant Agreement with the Economic Devel- opment Administration for City Hall Improvements WHEREAS, Pursuant to the provi. sions of the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has ap- proved an application filed by the City of Dubuque to provide financial assis- tance for City Hall improvements. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $54,172 with the Economic Development Ad- ministration for EDA Project No. 05.51- 26544 City Hall Improvements. 470 Adjourned Regular Session, September 6,1977 Passed. adopted. and approved this 6th day of September. 1977. Emil Stackis Mayor Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. Proof of Publication, certified to by the Publisher of Notice to Contractors of Receipt of proposals for construction of Sunset Ridge Drive Asphalt Paving Project from N.P.L. of Lot 2-1 M.L. 132 to southerly end of the street, present ed and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 30.1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m. Tuesday, August 30, 1977 for the Sun. set Ridge Drive Asphalt Paving Project. The lowest bid was entered by Tri- State Paving Company, Division of Du- buque Stone Products of Dubuque, Iowa. Their bid was 0.9% over the engi. neer's estimate. I recommend that the contract for the improvement he awarded to the Tri State Paving Company, Division of Du- buque Stone Products. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. (Awarding Contract) RESOLUTION NO. 352-77 WHEREAS, sealed proposals have been submitted by contractors for the Sunset Ridge Drive Asphalt Paving Project pursuant to Resolution No. 328• 77 and notice to bidders published in a newspaper published in said City on August 19.1977: and WHEREAS, said sealed proposals were opened and read on August 30, 1977, and it has been determined that the bid of Tri-State Paving. Division of Dubuque Stone Products Company of Dubuque, Iowa in the amount of $23.282.60 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now there fore, HE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con tract for the above ment ioned improve- ment he awarded to Tri State Paving, Division of Dubuque Stone Products Company and the Manager he and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. RE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackus, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice to Contractors of Receipt of proposals for construction of 20th Street Traffic Signals from Cen- tral Avenue to Elm Street, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. August 26,1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., D.S.T. Friday, August 26. 1977 for the 20th Street Traffic Signals from Central Avenue to Elm Street. Adjourned Regular Session The low hid was entered by Tri State Paving. Division of Dubuque Stone Products Company of Dubuque, Iowa. Their bid was $27,043.06 which is 0.3% under the Engineer's Estimate. I recommend that the contract he awarded to Tri State Paving, Division of Dubuque Slone Products Company. Gilbert ILChavenelle City Manager Councilman Tullv moved that the communication he received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas -Mayo' Stackic, Councilmen Brady. Pregler, Tully. Wertzberger. Nays none. (Awarding Contract) RESOLUTION NO. 353.77 WHEREAS. sealed proposals have been submitted by contractors for the 20th Street Traffic Signals from Cen- tral Avenue to Elm Street pursuant to Resolution No. 31377 and notice to bid- ders published in a newspaper publish ed in said City on August 4. 1977 and August 11 & 18.1977; and WHEREAS, said sealed proposals were opened and read on August 26. 1977, and it has been determined that the hid of Tri-State Paving, Division of Dubuque Stone Products of Dubuque, Iowa in the amount of $27.043.06 was the lowest hid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore. BE IT RESOLVE[) by the City Coun- cil of the City of Dubuque that the con- tract, for the above mentioned improve- ment he awarded to Tri State Paving, Division of Dubuque Stone Products, subject to Federal Highway Adminis- tration concurrence and the Manager be and he is hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 6th day of September, 1977. F:mil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk 1977 471 Councilman Tully moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 19, 1977 Honorable Mavor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed a fi- nal plat submitted by Mr. John Will- me-, 1234 Rosedale Avenue, to subdi- vide Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 10 of Rosedale Addition No. 2 in the City of Dubuque, Iowa, into Lots 1 and 2 of that subdivision. The property is located approximately 100 feet south- east of Rosedale Avenue as depicted on the attached map. The intent of the sub- division of the property is to permit transfer of ownership of Lot 2 to the owner of Lot 1 of Rosedale Addition No. 2 The Planning and Zoning Commis- sion has approved the above described final plat and recommends your favora- ble consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be. received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 354.77 Resolution Approving Plat of the Sub- division of Lot 1 of Lot 1 of Lot 1 of Lot 10 of Rosedale Addition No. 2 is Platted as Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 10 of Rosedale Addition No. 2, all In the City of Dubuque, Iowa, and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and, WHEREAS, said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk he and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. 472 Adjourned Regular Session, September 6,1977 Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mavor Thomas A. Tullv Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Hradv, Pregler. Tully, Wertzberger. Nays -none. August 18, 1977 Honorable Mayor and Councilmen The City Planning and Zoning Com- mission has reviewed the final plat divi ding Lot 2 of Lot 1 of Lot 1 of Lot 1 0o! Lot 1 of Lot 2 of Mineral Lot 263 into Lots I and 2 of that subdivision. The property lies on the southwest corner of the intersection of Asbury Road and Judson Drive in the City of Dubuque, Iowa, as shown on the attached map. The intent of the lot split is to permit Lot 2 to become part of the Baptist Church property to the south. The Planning and Zoning Commis- sion has voted to approve the plat, and recommends your favorable considera. tion. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-nune. RESOLUTION NO. 355-77 Resolution Approving the Plat of the Subdivision of Lot 2.1-1.1.1.2 of Min- eral lot 263 in the City of Dubuque, lova WHEREAS, there has been filed with the City Clerk a plat of the Subdi- vision of LOT 2-1-1.1-1-2 of MINERAL, LOT 263 in the City of Dubuque, Iowa by Mid -American Baptist Churches; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval en dorsed thereon: and WHEREAS, said plat has been ex. amined by the City Council and they find that the same conforms to statales and ordinances relating thereto; NOW, THEREFORE. RE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF D111311l UE. IOX%*A: Section 1. That. the plat of the Still DIVISION OF LOT 2 1 1 1 1 2 of MIN ERA 1, LOT 263 in the Citc of Dubuque, Iowa, he and the same is hereby appro ved and the Mayor and City Clerk aro hereby authorized and directed to en dorso the approval of the Citv of I)u buque. Iowa upon said plat. PASSED, AI)OPTED AND All PROVED by unanimous recorded roll call this 6th day of September, 1977. Emil St.ackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council man Tully. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzherger. Nays -none. August 30, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed two final plats of Peil's Subdivision which is located on the west side of Roosevelt road north of Mount Calvary Cemetery as depicted on the attached map. The first plat divides Lot 2-1.1.2-1.7 of Peil's Subdivision into bots 1 and 2 of that subdivision. The second plat divi- des Lot I of the first plat (Lot 1 of Lot 2- 1-1-2.1-7 of Peil's Subdivision) into lots I and 2 of Lot 1-2-1-1-2-1.7 of Peil's Sub- division. The intent of the subdivision of this property is to allow transfer of ownership. The Planning and Zoning Commis- sion has approved the final plats of Peil's Subdivision as submitted and recommends your favorable considera- tion. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Starkis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Adjourned Regular Session, September 6, 1977 RESOLUTION NO. 356.77 Resolution Approving the Plat of Lots 1 & 2 of the Subdivision of Lot 2.11.2• 1.7 of Poll's Subdivision in City of Du. buque, Iowa BF:RI•:AS. Ih-re has been filed with the City Clerk a plat of Lots 1 & 2 of the Subdivision of Lot 2.1-1.2-17 of I'cil'y Subdivision in the Pity of Du buque, Iowa by Rolwrl henry Brown & I,etha Pearl Brown and; WHEREAS. said plat has been exam- ined by the Citv Planning and Zoning Commis and had its approval en dorsed thereon; and WHEREAS, said plat has been exam ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto No W. TFIEREFORE, BE IT HE Slog I ll t Itl THE CITY COUNCIL OF 1 ill' I I'fl t1F DUBUQUE, IOWA: Section 1. That the plat of Lots I & 2 OF THE SUBDIVISION OF LOT 21.1- 2 1.7 of PE11.'S SUBDIVISION IN THE CITY OF DVH1'QVE, IOWA, he and the same is beret)\ approved and the Mayor and City Clerk are hereby au. thorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. PASSED, ADOPTED AND AI' PR0VFD by unanimous recorded roll call this fish day of September, A.D., 1477. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Jamas F. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by the following vote: Peas-Mavor Stackis, Councilmen Bradv. Pregler, Tully. Wertzherger. Nays none. RESOLUTION NO. 35777 Resolution Approving the Plat of Lots 1 & 2 of the Subdivision of Lot 1-2-1-1- 2.1-7 of Peil's Subdivision in the City of Dubuque, Iowa \4 HERF:AS, there has been filed w ith the City Clerk a plat of Lots 1 & 2 of the Subdivision of Lot 12-1-1-2-1 7 of Peil's Subdivision in the City of Du- buque, Iowa by Richard Anthony & Ifo ward tlighley — A & It Development Co. Inc.; and WHEREAS, said plat has been exam ined by the City I'lanning and Zoning 1977 478 Commission and had its approval en. dorsed thereon; and WIIERF:AS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto; NOW, THEREFORE. BE, IT RF:- SOI,VEL1 BY THE CITY COUNCIL OF TIIF: CITY OF DI'BIIQUE. IOWA: Section 1. That t he plat of LOTS 1 & 2 OF THE SUBDIVISION OF LOT 1.2- 1 1.2.1.7 of PEIL'S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, he and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque. Iowa upon said plat. PASSED. ADOPTED AND AP- PROVED by unanimous recorded roll call this 6th day of September, A.D.. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: I.eo F. F'rommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded bv Council. man Tully. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzherger. Nays -none. Proof of Publication, certified to by the Publisher. of Notice of Invitation to Bid Five Flags Civic Center at 4th, 5th, Locust and Main Streets, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Brady, Carried by the following vote: Peas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. August 31, 1977 Honorable Mayor and City Council Sealed bids for the Five Flags Civic Center were received and opened on August 25, 1977. I,ow bidder was Con. Ion Construction Company. Dubuque, Iowa. Since the low bid exceeded the con- struction budget the Five Flags Build. ing Committee, the engineers and staff are reviewing the alternates and possi- ble modifications in plans to lower the bid price. Review of these changes is not vet completed but details will be available for the Council meeting on September 6, 1977. 474 Adjourned RegularSession,September 6,1977 At that Council meeting we will he submitting a tabulation of any modified tions to the low bid, our recommenda tion and a resnlution awarding the con tract to Conlon Construction Company. Gilbert f). Chavenelle City Manager Jackie Merritt, Mike Conlon and Phil Kellv spoke to the Communication. Councilman Pregler moved that the communication he received and filed. Seconded by Councilman liradv. Car ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregier, Wertzberger. Nays -none. Ahstain-Councilman Tully. September 6, 1977 To the Honorable Mayor and City Council Sealed bids were received for Expan cion of Five Flags Civic Center on August 25, 1977. Low bidder was Com Ion Construction Co. of Duhuque, Iowa. Exhibit #1 shows a Whulat.ion of the bids. Since the low bid exceeded the con struction budget, minor modifications have been made in the specifications and some alternates have been deleted to reduce the total cost of the project. (See Exhibit 92) With these changes construction cost of the project will be $3,456.500. This construction cost is $368,586 over the construction budget of $3.087,914. The increased cost will he funded by transferring $150,000 from the contingency fund, $18,586 from the equipment fund, $150,000 from other City sources and $50,000 from the Five Flags Center Fund. Our recommendation is to award coo- tract to Conlon Construction Co. for $3,456,500 and we would request your adoption of the attached resolution Awarding the Contract. Gilbert 1). Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car ried by the following vole: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays -none. Abstain-Counrilman Tully. (Awarding Contract) RESOLUTION NO. 358.77 WHEREAS, scaled proposals have been submitted by contractors for the Expansion of Five Flags Civic Center pursuant to Resolution No. 30277 and notice to bidders published in it newspa per published in said City on July 25, 1977 and August 8, 1977; and lk IIEREAS, said scaled proposdk "cre opened and read on August 25. 1477, and it has been determined that the hid of Conlon Construction Co. of Dubuque, Iowa in the amount of $3,456,5110 was the lowest hid for the furnishing of all labor and malerials and performing the work as prmided for in the plans and specifications: now there fore. RE IT RESOI,VED by t he Citv Coun cil of the Cilv of Ihthwlue that the con tract for the above mentioned improve ment he awarded to Conlon Construe tion Co. and the Manager be and he is herehv directed It, execute it contract on tx'h;tlf of the City of Duhnque for tho complete performance of said work. BE: IT FvwrIIER RES()I,VE D. that upon the signing .4 said contract and the approval of thr eonlrartors bond the City Treasurer is authorized and instructed to return the hid depo_ sits of the unsuccessful hidders. Passed, adopted, and approved this 6th day of September, 1977. Enid Stackis Mavor Richard Wertzherger James E. Brad Walter A. I'reglrr Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Itvs4ilution. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays none. Abstain -Councilman Tully. August 30, 1977 To the Honorable Mayor and City Council Enclosed are the preliminary plans, specifications and estimate for the Five Flags sanitary sewer and water main relocation. Gilbert 1). Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car ried by the following vote: Yens -Mayor SUckis, Councilmen Brady, Pregler, Wertzberger. Nuys -None. Abstain -Councilman Tully. RESOLUTION NO. 359.77 Approval of plans, specs. and propos ed plans for construction of Five Flags Sanitary Sewer and Water Main Relo cations in estimated amounts of Alter Adjourned Regular Session, September 6, 1977 nate $71.033.64. Alternate tr2 -- $78,566.15, presented and read. Council man Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzherger. Nays -none. Abstain -Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 360.77 WHEREAS. proposed plans, specifi cations. and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the Pity Clerk showing among other things the following: 1. The plan of such improvement 2. An estimate of the cost of the im provement for the relocation of the sanitary sewer and water main for the FIVE FLAGS RE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, objections to the amount. of the cost of the improvement, they shall he deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and :are now on file with the City Clerk. That the coat and expense of making said improvement will he paid from the Community Development Fund and Water Works Fund. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 6th day of Sep tember, 1977. Approved and placed on file for final action. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City ('lerk Councilman Wertzberger moved ap proval of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays none. Abstain Councilman Tully. )tember6,1977 475 (FIXING DATE OF HEARING) RESOLUTION NO. 361.77 WHEREAS, the City Council of the ('ity of Dubuque. Iowa, has Riven its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the relocation of the sani- tary sewer and water main for the FIVE FLAGS. RE IT THEREFORE RESOLVED that on the 19th day of September, 1977, a public hearing will be at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objector for the proposed improvement may ap- pear and make objection to the propos- ed plans and sperifications, form of con- tract and cost of said improvement, and the City Clerk be and he is hereby di- rected to cause a notice of time and place of such hearing to he published in some newspaper published in the City of Dubuque, Iowa which shall he not less than four (4) nor more than twenty (20) days prior to the day fixed for its consideration. and the City Clerk be and he is herehy directed to have pub- lished the notice of pendency for said improvement, and the City Clerk is herehv directed to advertise for propo- sals to the contractors for the construc- tion of the above mentioned improve- ment. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen .ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved a- doption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayou Stackis, Councilmen Brady, Pregler.Wertzberger. Nays none. Abstain -Councilman Tully. RESOLUTION NO. 362.77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE 1T RE- SOLVED by the: City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. 471 Adjourned Regular Session, September6,1977 12LOW "R"' BEER PERMIT rUlblk, Etie+inn Ferring, 385 Fast lath Hi ,CLAW "C" BEER PERMIT Ermgeit's Market, Inc. IAlso Sunda% i;airsw 1098 University Ave - 71w Great Atlantic & Pacific Tea Co.. Inc. (Also Sunday SalPsl33,`;3 Asbury Road Randall's International. Inc. IAlso Sun- day Salesl 2600 Dodge Street Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 363.77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to he occu- pied by such applicants were inspected and found to comply with the Ordinan- ces of this City and they have filed pro- per bonds; NOW THEREFORE BE IT HE SOLVED by the City Council of the City of Dubuque, Iowa, that the Mana ger be authorized to cause to he issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Adella Alvina Ferring, 385 East 13th St. CLASS "C" BEER PERMIT Kopple's Market, Inc. (Also Sunday Sales) 1098 University Ave. The Great Atlantic & Pacific Tea Co., Inc. (Also Sunday Sales) 3333 Ashury Road Randall's International, Inc. IAlso Sun day Sales) 2600 Dodge Street Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Werizherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council. man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 364-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE RE IT HE. SOLVED by the City Council of the City of Dubuque, Iowa, that the follow ing applications be approved and licen- ses issued upon the compliance with the provisions of Chapter 131. Acts of the First Regular Session, 64th General Assembly. CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Topeka Inn Management, Inc. (Also Sunday Sales) 1111 Dodge Street CLASS "C" (COMMERCIAL BEER AND LIQUOR LICENSE Neldia J. Fitzgibbons, 1700 Central Ave. Sandra L. Moncrief (Also Sunday Sales) 1103 Iowa Street Steven T. Schnee (Sunday Sales Only) 1902 Central Ave. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Adjourned Regular Session, September6,1977 477 RESOLUTION NO. 365.77 .. WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have reeviv ed the approval of this Council; and WHEREAS. the premises to he occu pied by such applicants were inspected and found to comply wit h the State I,aw and all City Ordinances relevant there- to and they have filed proper bonds; NOW THEREFORE HE IT RE- VEL) by the City Council of Dubuque, Iowa, that the Manager he authorized to cause to be issued to the following named applicants a liquor I.icense. CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Topeka Inn Management, Inc. (Also Sunday Sales) 1111 Dodge Street. CLASS "C" (COMMERCIAL) BEER AND LIOUOR LICENSE Neldia J. Fitzgibbons, 1700 Central Ave. Sandra I,. Moncrief (Also Sunday Sales) 1103 Iowa Street Steven T. Schnee (Sunday Sales only) 1902 Central Ave. Passed, adopted, and approved this 6th day of September. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Lco F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Councilman Pregler moved that the Council meet at 7:00 P.M. on September 12, 1977 to discuss Land Proposals and appointments to various Boards and Commissions. Seconded by Mayor Stack - is. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. There being no further business, Councilman Tully moved to adjourn this meeting to September 19, 1977 at 7:30 P.M. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Leo F. Frommelt City Clerk Approved, M9r9A , 13,.... , 1978 Adopted .. MarCh . 13 r .1978 Special Session. September 12,1977 CITY COUNCIL Council met at 7:00 P.M. srag.nt — Mayor Stackis. Council- retn Brady, Pregler, Tully. Wertzber. ;e. City Manager Gilbert D. Chave. nelle. Mayor Stackis read the call and stat- ed that service thereof had been duly made and this meeting is called for the purpose of acting upon such business as may properly come before the meeting. Mayor Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Robert Dorothy And members of the Dock Board Commission spoke to Coun- cil by giving a review of land still availa- ble in the Industrial Island complex. At 7:40 P.M. Councilman Wertzber. ger moved to go into executive session for discussion of Industrial land sales, Downtown property and City Hall ac- quisition property. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Council reconvened in Regular Ses- sion at 9:02 P.M. Councilman Pregler moved that the City Attorney continue negotiations on the Trenkle Property. Seconded by Concilman Brady. Carried by the folio wing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays -none. Councilman Pregler moved that the Klauer Mfg. request for consideration in Area B of the Industrial Island, if present freeway plans are realized be referred to the City Manager and City Attorney with instructions to discuss the matter further with Klauers and report back as soon as possible. Second- ed by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays -none. Councilman Pregler moved that the request for purchase of Lot 4 Block 1 on the Industrial Island as proposed by Dubuque Electric Motor Co. be refer. red to the Mayor's Industrial Commit- tee. Seconded by Councilman Brady. Carried by the following vote: Yeas %layer SUtcki3, Councilmen Brady, Pregler. Tully. Wertzberger. Nays none. Councilman Pregler moved that the City Manager he directed to negotiate with Mr. Staley of Integra -Built Inc. with a view to develop an option agree- ment to be submitted to the City Coun- cil relating to Downtown tlrhan renew- al Property. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain Councilman Tully. COUNCILMAN TULLY REOUEST- ED THAT THE RECORD SHOW THAT HE DID NOT PARTICIPATE IN THE DISCUSSION OR VOTE ON THE UR. BAN RENEWAL PROPERTY PROPO. SAL. Councilman Pregler moved that the consideration of purchase of the pre- vious proposal submitted by Thermo King Sales be transferred from Lot 9 Block 1 to Lot 3 of Block I of Riverfront Sub. No. 3. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Pregler. Car. ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Leo F. Frommelt City Clerk Approved. March 13, 1978 Adopted March 13, 1978 Councilors — TES y Clerk --------- --- ____ Session, September 14,1977 479 CITY COUNCIL OFFICIAL Special Session, September 14, 1977. Council met at 4:30 P.M. (C.D.T.) Present — Mayor Stackis, Council. men Brady, Pregler, Tully, Wertzber- ger. City Manager Gilbert D. Chave. nolle. Mayor Stackis read the call and stated that service thereof had been duly made and this meet ing is called for the purpose of acting upon such business as may pro- perly come before the Meeting. At 5:06 P.M. Councilman Wertzber-' ger moved to go into Executive Session to consider appointments to Boards and Commissions. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Council Reconvened in Regular Ses- sion at 5:53 P.M. Communication of Carolyn Farrell R.V.M., submitting resignation from Civil Service Commission effective immediately, presented and read. Coun- cilman Pregler moved that the communi. cation be received and filed and resigna- tion accepted with regret. Seconded by Councilman Tully. Carried by the follow• ing vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Mayor Stackis announced the follow ing appointments: Airport Commission, Gerald Kopischke to 9.14-83; Board of Zoning Adjustment, Helen M. Scherrer to9-19.80 and John J. McFarland to9-19 82; Citizens Advisory Commission, James E. Ryan, Colin P. Neil, William H. Norman. Terryl E. Stewart, Kerry L. Wheelock: Civil Service Commission, Walter W. Graumann to 3.3182 and Richard Zimmer to 3.31.80: Confirma- tion of County land Use Policy Commis- sion, Emil Stackis, Walter A. Pregler and Thomas A. Tully, Jr.: Housing Com- mission. Doris M. llingtgen, Esther Tauke and Richard Wertr.berger, Jr., all to 8.17 79; Playground K Recreation Commission, Paul Frommelt to 7.5.80; Transit Board of Trustees, Paul L. Britt to 7-30.80; TV Cable Commission. Char- les Cyberski to 629.79: Youth Services Board. Michael Rohret. Marna Colon and Ralph Grippin. Councilman Pregler moved ratifica- tion for the appointments. Seconded by Councilman'lully. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. There being no further business, Councilman Wertzberger moved to adjourn. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberge.r. Nays -none. Leo F. Frommelt City Clerk Approved . Mar eh .13, .... 1948 March 13, Clerk Councilors 1978 80 Adjourned Special Session, September 19,1977 CITY COUNCIL OFFICIAL Council met at 7:30 P.M. (C.D.T.) Present — Mayor Slackis, Council- men Brady. Tully. Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Slackis read the call and 0a0 ed this is AN ADJOURNED SESSION of the Adjourned Regular Meeting of September 6, 1977, called for the pur pose of CONSIDERING PROCEED- INGS IN THE ADOPTION OF A RESO• LUTION AUTHORIZING AND PROVID ING FOR THE ISSUANCE OF $10,750,000. HOSPITAL FACILITY FIRST MORTGAGE REFUNDING AND IMPROVEMENT BONDS (THE FIN - LEY HOSPITAL PROJECT) and acting upon such other business as may pro- perly come before a Regular Meeting of the Council. Proclamations proclaiming October 2 to October 8, 1977 as "Respect Life Week", September 29th as "CarFree Day", September 25, 1977 as "Diabetes Bike Ride Day", September 24, 1977 as "Hunting & Fishing Day" and Septem- ber 18 to 24 as "Pet Responsibility Week", were read, approved and signed by Mayor Stackis. Communication of Airport Commis- sion submitting minutes of their meet ing of September 8, 1977, presented and read. Councilman Tully moved that the minutes he received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Dubuque Housing Rehabilitation Commission submitting minutes of their meeting of August 30, 1977, presented and read. Councilman Tully moved that the minutes be receiv- ed and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Five Flags Civic Center Commission submitting minutes of their meeting of September 6, 1977, presented and read. Councilman 'Puny moved that the minutes be received and filed. Seconded by Councilman Wertz berger. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Five Flags Center Building Committee submitting mina Les of their meetings of August 30 and September 2, 1977, presented and read. Councilman Trilly moved that the mini Les be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of Community Deve. lopment Commission submilling mina, Les of their meeting of September 13, 1977, presented and read. Councilman Tully moved that the minutes be receiv. ed and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Iowa D.E.Q. sub. mitting water main extension construe. Lion permit for Knob Hill, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Citizens Advisory Commission submitting various suggest- ions for the reduction and elimination of county wide roadside dumping, presen. ted and read. Councilman Tully moved that the communication be received and filed and referred to Landfill Agency and Board of Supervisors. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Dubuque Board of Realtors by C. George Biasi, indicating concern over the proposed addition to Chapter 20 of the Code known as "Buy- er Notification Ordinance" and submit• ting a purchase agreement, presented and read. Councilman Tully moved that the communication be received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of Tri-State Indepen- dent Blind Society advising of the pur- chase of a building at 1098 Jackson Street and requesting to address the Council relative to a fund raising drive, presented and read. Councilman Pregler moved to sus. pend the rules to let anyone present address the Council if they so desire. Adjourned Special Session, September 19 1977 Seconded by Councilman Wertzberger. Carried by the following vote: Yeas Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Donald Gagne spoke to the communi- cation slating Society wants to expand present facilities and include handicap- ped; Do not want to compete with Stale Schools. Councilman Wertzberger mov- ed that the fund raising drive permis sion he granted with coordination of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. September 13, 1977 To the Honorable Mayor and Members of the City Council We have been advised that the first list of ten persons that passed the Police Exams on June 29, 1977 and July 13, 1977 has been exhausted. We hereby certify a second list of persons as eligible for appointment to fill vacancies on the Police department as may exist. Reynolds. Daniel Feldman, Christopher, Sheperd, Michael Burds. Michael Martens, Thomas Staver, Bernard Udelhofen, David Kirk, David Heinze, Robert Walker, John Carolyn Farrell, B.V.M. Chairperson John E. Hess ATTEST: Civil Service Commission l.eo F. Frommelt Clerk. Subscribed and sworn to before me this 13th day of September 1977. Louise M. Ford Notary Public Councilmen Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of City's Annual Finan- cial Report ending June 30, 1977, pre- sented and read. Co+tncilman Pregler moved that the proof of p-lblication be received and filed. Seconded by Coun- cilman Wertzberger, Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. 19,1977 481 Communication of Dubuque disposal Division Ecology Control Corporation Putting the City on notice to exercise the third year of five one year options on the City Garage Building at 14th & Elm Streets for 1978, presented and read. Councilman Pregler moved that the communication be received and filed and City Manager and City Clerk so- thorized to sign the notice. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Bradv. Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Frederick R. Ap- pel, in the amount of $316., for property damage incurred as the result of police arresting an occupant of the building at 347 East 19th street, presented and read. Councilman Wertzberger moved that the Notice of Claim he referred to the City Attorney for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. Notice of Suit of Thomas J. & Ruth E. O'Malley in objection to a proposed as. sessment for the paving of Wilbur Street in the 1977 Asphalt Paving Pro- gram, presented and read. Councilman Wertzberger moved that the Notice of Suit be referred to the City Attorney for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 62.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 10 OF PARKING METER DISTRICT C OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO 10 HOURS AT ANY ONE TIME ON FIFTH STREET FROM IOWA STREET TO LOCUST STREET, presented and read. Mayor Stackis moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Mayor Stackis 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 482 Adjourned Special Session, Septernber19,1977 man 11regler. Carried by the following vote: Yeas-Mavor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. ORDINANCE NO. 6277 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA. BE AMENDED BY REVISING SUBSECTION 10 OF PARKING METER DISTRICT C OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO 10 HOURS AT ANY ONE TIME ON FIFTH STREET FROM IOWA STREET TO LOCUST STREET. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 10 of Parking Meter District C of Section 25- 826 of the Code of Ordinances of the City of Dubuque, Iowa, be amended so that such subsection shall read as fol- lows: "Sec. 25.326. Districts. Parking Meter District C 10. Fifth Street, both sides be- tween Central Avenue and White Street and the south side between Central Avenue and Iowa Street and both sides be. tween Iowa Street and Bluff Street." Section 2. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed and of no further force or ef- feet. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved final adoption of the Ordinance. Seconded by Council man Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Werizberger, Nays -none. ORDINANCE NO. 63.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION (b) OF SECTION 25.210 OF SAID CODE, PROVIDING THAT VEHICLES STOP BEFORE ENTERING THOSE INTER SECTIONS DESIGNATED AS STOP INTERSECTIONS, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Councilman Pregler moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is tak- en, be dispensed with. Seconded by Ccuncilman Tully. Carried by the fol lowing vote: Yeas -Mayor Stack!-, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 6377 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION (b) OF SECTION 25.210 OF SAID CODE, PROVIDING THAT VEHICLES STOP BEFORE ENTERING THOSE INTER SECTIONS DESIGNATED AS STOP INTERSECTIONS. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection lbl of Sechim 25-210 of the Code of Ordi- nances of the City of Dubuque. Iowa, be amended so that such section shall read as follows: "Sec. 25.210. lb1 Those intersections designated are hereby declared to be "Stop In -ter - sections "for all purposes of this sec- tion, A Eastbound and westbound vehicles must stop before entering the inter section of.• 1. Atlantic St. & Custer St. 2. Avoca St. & Green St. S. Elm St. & E. 29th St. 4. Evergreen & Karen Sts. S. Fillmore St. & Adair St. 6. Hillcrest Rd. & Key Way Dr. 7. Jackson St. & E. 24th St. 8. Key Way Dr. and Keystone Dr. 9. Langworthy Ave. & Alpine St. 10. Langworthy Ave. & Booth St. 11. Langworthy Ave, & Nevada St. 12. Lincoln Ave. & Fengler St. IJ. Maryville Dr. & Maplewood St. 14. N. Grandview Ave. & Clarke Dr. 15. Oakcrest Dr. & Maplewood St. B. C. La Adjourned Special Session, September 19,1977 483 16. Pearl St. & Finley tit. 17. Pearl St. & Gilliam St. 18. Randall St. & Bradley St. 19. Rider St. & Bradley St. 20. St. Ambrnse Sl. & Rosedale St. 21, Sheridan St. & Goethe St. 22. Solon St. & Alpine St. 2.4. Sycamore St. & E. 15th St. 24. Thedo St. & Crissy Dr. 25. Viaaleea St. & Keynvont 26. Walnut St. & 14'. 11th St. 27. Washington St. & E. 181h St. 28. Washington St. & E. 15th St 29. Washington St. & E. 19th St. 30. Washington St. & E. 16th St. 31. Washington St. & F. 18th SL 32, Washington St. & E. 25th St. 3.4. Washington St. & E. 291h St. 34. Woodland Dr. & Key Way Dr. Northbound and southbound vehi- cles must stop before entering the Intersection of 1. Bunker Hill Rd. & Clarke Dr. 2. Cherry & Finley Sts. 3. F. 17th & Washington Sts, 4. E. 21st & Elm Sts. 5. E. 21st & Washington Sts. 6. E. 24th & Jackson Sts. 7. F. 24th & Washington Sts. 8. F.'. 241h & White Sts. 9. F. 25th & White Sts. 10, F. 26th & White Sts. 11. E. 27th & White Sts. 12. E. 28th & White Sts. 13. E. 29th & White Sts. 14. F. 301h & White Sts. 1.5. Hillr-rest Rd & Key Way Dr. 16. Kaufmann Ave. & Crissy Dr. 17. Keystone Dr. & Key Way Dr. 18. Key Way Dr. & Woodland Dr. 19, Lincoln Ave. & Johnson St. 20. Lincoln Ave.. & Kniest SL 21. Lincoln Ave. & Stafford Ave. 22. N. Grandview Ave. & Delhi St. 23. Queen St. & 24th SL 24. Rosedale & A voca Sts. 2.5. Roosevelt St. & Lincoln Ave. 26. Wes (way SL & Key Way Dr. Westbound vehicles must stop be- fore entering the intersection of. I. Delhi St & W 5th St 2. Fremont Ave. & Kelly Ln. 3. James SL & Mazzuehelli Hgts. 4. Madison St. & Clarke Dr. 5. N. Grandview Ave. & Delhi St. 6. St. Anne Dr. & Ridge Rd. 7. University Ave. & Asbury. 8. University Ave. & J.F.K. Rd 9. Windsor A ve. & Davis St. inter- section. Northbound vehicles must stop before entering the intersection of: 1. E. ramp of Kerrigan R.I. & Grandview Ave. 2. Fremont Ave. & Wartburg PL S. N. Grandnirir Are. & Clarke Dr. 4. Rockdale Rd & Grandview A re. S. Saunders & Lemon Sts. 6. Woodland Dr. & Key Way Dr. E. Eastbound vehicles must stop be. fore entering the intersection of. I. Bluff St. & W 12th St. 2. Fremont Ane. & Wartburg PL .1. Front St. & Harbor St 4. James St. & Langworthy Ave. .5. J.F.K. Rd & flniversity Ave. 6. Key Way Dr. & Keymont St, 7. Key Way Dr. & Wesluay St 8. N. Grandview Ave. & Delhi St 9. St. Ambrose St. & Clarke Dr. 10. University Ave. & Asbury 11. Woodworth St. & Lowell St. F. Southbound vehicles must stop be- fore entering the intersection of.. 1. Berkley St. & Oak Crest Dr. 2. E. 21st & White St 3. Fremont Ave. & Simpson St. 4. Hawthorne St. & Front St. 5. Lincoln Ave. & Front St 6. Lowell St. & Woodworth St 7. N. Grandview Ave. & Clarke Dr. 8. Shields St. & Jones St 9. Windsor Ave. & Davis St. 10. Woodland Dr. & Foothill Rd Passed, adopted. and approved this 19th day of September, 1977. Emil Stackis Mayor Phomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt. City Clerk Published officially in the Telegraph Herald Newspaper this 26th day of September 1977. Leo F. Frommelt City Clerk It 9126 Councilman Pregler moved final adop- tion of the Ordinance. Seconded by Couneilman Tully. Carried by the follow- ing vote: yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. ORDINANCE NO. 64.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 4 OF PARKING METER DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON THE WEST SIDE OF IOWA STREET FROM WEST 484 Adjourned Special Session, September 19,1977 NINTH STREET TO WEST FOURTH STREET, presented and read. Mayor Stackis moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Mayor Stackis 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- man Brady. Carried by the following vote - Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 64.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 4 OF PARKING METER DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON THE WEST SIDE OF IOWA STREET FROM WEST NINTH STREET TO WEST FOURTH STREET. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 4 of Parking Meter District B of Section 25. 326 of the Code of Ordinances of the City of Dubuque, lows, be amended so that such subsection shall read as fol. lows: "Sec. 25.326. Districts. Parking Meter District B 4. Iowa Street, both sides be. tween 3rd and 4th Streets and the west side between 4th Street and 9th Streets and both sides between 10th and 11th Streets and both sides between 12th and 13th Streets and the west side between 13th and Loras Boule. vard Section 2. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed and of no further force or of. feet. Passed, adopted, and approved this 6th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 2fith day of September 1977. Leo F. Frommelt City Clerk lt9/26 Mayor Stackis moved final adoption of the Ordinance. Seconded by Council- man Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 366.77 WHEREAS, there has been present ed to the City Council of the City of Du- buque, Iowa a plat, dated September 7, 1977, prepared by Cullen, Kilby, Caro - Ian & Associates, Professional Engi- neers and Land Surveyors, covering vacated Ruth Street abutting Lots 1-3 and 13.15 in King's Grove Addition in the City of Dubuque, Iowa, and WHEREAS, said plat conforms to the laws and statutes pertaining there- to: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the plat dated Sep- tember 7, 1977, prepared by Cullen. Kill. by, Carolan & Associates,,Professional Engineers and Land Surveyors, cover- ing the real estate herein above de- scribed, he and the same is hereby ap- proved and that the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute said plat for and on behalf of the City of Dubuque, Iowa; Section 2: That the City Clerk be and he is hereby authorized and direct- ed to file said plat and certified copy of this Resolution in the office of the Re- corder in and for Dubuque County, Iowa. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: S ecialSession,September19,1977 485 Yeas Mayor Stackis, Councilmen Brady. Pregler, 'fully, Wertzberger. Nays none. AN ORDINANCE, vacating a portion of Ruth Street abutting hots 1-3 and Lots 13.15 in King's Grove Addition in the City of Dubuque. Iowa and direct ing Notice of sale, presented and read. Mayor Stackis moved that the reading just had he considered the first reading of the Ordinance. Seconded by Council man Tully. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Mayor Stackis meved 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- man Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays -none. Mayor Stackis moved that a public hearing he held on the Ordinance on Oc tober 3, 1977 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. Seconded by Council. man Tully. Carried by the following vote: Yeas Mayor Stackis. Councilmen Brady, Pregler, Tully, 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 Section 25257 of said Code; providing that a vehicle dis- playing a valid parking sticker to park a motor vehicle upon those streets or por lions of streets designated as two hour time zones and shall be exempt from subsection (a) and (b) of Section 25.257 AND An ORDINANCE of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by adding a section to be numbered 25333, providing for a vehicle displaying a valid parking stick er to park a motor vehicle upon the streets of the City of Dubuque in parking meter districts A, B and C and shall be exempt from the provisions of Section 25327 and Section 25328, presented. Councilman Tully moved that the Or dinances be referred to the Council Meeting of October 3, 1977 for further consideration. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 65.77 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 9 OF PARKING METER DISTRICT C OF SECTION 25-326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN TEN HOURS ON BOTH SIDES OF FOURTH STREET BETWEEN LO. CUST STREET AND BLUFF STREET AND ON THE NORTH SIDE BE. TWEEN IOWA STREET AND LOCUST STREET, presented and read. Councilman Tully moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Wertz- herger. Carried by the following vote: Yeas -Magor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Councilman Tully moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is tak- en, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. ORDINANCE NO. 65.77 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA, PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 9 OF PARKING METER DISTRICT C OF SECTION 25-326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN TEN HOURS ON BOTH SIDES OF FOURTH STREET BETWEEN LO. CUST STREET AND BLUFF STREET AND ON THE NORTH SIDE BE. TWEEN IOWA STREET AND LOCUST STREET. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 9 of Parking Meier District C of Section 25- d26 of the Code of Ordinances of the City of Dubuque. Iowa, be amended so that said subsection shall read as fol- lows: "Sec. 25.326. Districts. Parking Meter District C 9. Fourth Street, both sides front Locust to Bluff and the north side from loom Street to Locust SIrret." Section 2. That all ordinances or parts of ordinances it curnflirt with this ordirtetnce 'be and the same are hereby )ecialSession, September 19,1977 �rlmoJrd and of eo further force or ef- fir r1. Pawed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 26th day of September 1977. Leo F. Frommelt City Clerk lt9/26 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. ORDINANCE NO. 66.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 7 OF PARKING METER DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON BOTH SIDES OF EAST FOURTH STREET BETWEEN WHITE AND CENTRAL AND ON THE SOUTH SIDE OF WEST FOURTH STREET BETWEEN CENTRAL AVENUE AND LOCUST STREET. presented and read. Councilman Tully moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Councilman Tully moved that the rule requiring an Ordinance to be re. ceived and filed at two meetings prior to the meeting when final action is tak- en, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 66.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 7 OF PARKING METER DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON BOTH SIDES OF EAST FOURTH STREET BETWEEN WHITE AND CENTRAL AND ON THE SOUTH SIDE OF WEST FOURTH STREET BETWEEN CENTRAL AVE NUE AND LOCUST STREET. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 7 of Parking Meter District B of Section 25. 326 of the Code of Ordinances of the City of Dubuque, /owa, be amended so that said subsection shall read as fol- lows: "Sec. 25.326. Districts Parking Meter District B 7. Fourth Street, both sides, be- tween White Street and Central Avenue and the south side be- tween Central Avenue and Lo. cust Street." Section 2. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed and of no further force or of. feet. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 26th day of September 1977. Leo F. Frommelt City Clerk lt9/26 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Telly, Wertzberger. Nays none. Petition of Mark Roby, representa- tive of a Youth Group, requesting per- mission to form a City Youth Commis- sion, presented and read. Mark Derby, Al Schockemoehl and Don Deich spoke to the petition. Councilman Brady moved that the petition he received and filed. Seconded by Councilman Wertz berger. Carried by the following vote: i Adiourned )ecial Session, September 19,1977 Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Communication of Citizens Advisory Commission endorsing the concept of a Dubuque Youth Advisory Commission and requesting consideration of the Youth proposals, presented and read. Councilman Brady moved that the com- munication he received and filed. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Petition of Peoples Natural Gas re. questing permission to excavate at 1918 and 1926 Rhomberg Ave., presented and read. Councilman Wertzberger moved that the request be. approved. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Donald M. Kloft of 460 Lo ras indicating an interest in the pur- chase of city -owned property, W. 53' of Lot 1 of Sub. 809 A. McDaniel's Sub. lo. cated on Arlington Street, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Petition of Dubuque Y's Men's Club requesting permission to schedule the annual Halloween Parade on Wednes day evening, October 26, 1977, present- ed and read. Councilman Pregler moved that the request he approved subject to coordination of the City Manager. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yews -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Dubuque Downtown As- sociation requesting consideration for the installation of a background music system for the Downtown Plaza. pre- sented and read. Councilman Pregler moved that the petition be referred to City Manager and Staff. Seconded by Councilman Wertzberger. Carried by the following vote: Yews -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Petition of St. Columbkille's Parish requesting a refund of $225, on unexpir ed portion of fiver Permits 13.3478 and SB -3478.77 disc ontinued business on September 5, 1977, presented and read. Councilman Pregler moved that the re- fund he granted and City Auditor di- rected to issue proper warrant. Second- ed by Councilman Wertzberger. Car. ried by the following vote: Yesa-Mayor Stackia, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Mary J. Vreeland request- ing a refund of $211.25 on unexpired portion of Beer -Liquor License No. C- 9090.77, discontinued business on Aug- ust 15. 1977, presented and read. Coun- cilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Gary Bleilie requesting a refund of $18.75 on unexpired portion of Class "B" Beer Permit No. B-1393.77, discontinued business on August 26, 1977, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to is- sue proper warrant. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Gary Bleilie requesting a refund of $75. on unexpired portion of Cigarette License No. 1294, discontinu- ed business on August 26, 1977, pre- sented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Communication of Finley Hospital sharing the concern of the city with re- spect to the storm sewer problems at Parkway as it joins West Third and ad- vising they are prepared to accept their responsibility, presented and read. Charles R. Gilliam, President of Fin- ley Hospital, and Dave Hammer addres- sed the Council stating they have not received a report from the City: Data and facts are needed. Councilman Wertzberger moved that the communication be referred to the City Manager and he be instructed to proceed with negotiations in accord- ance with Finley Letter dated Septem- ber 16. 1977. Seconded by Councilman Tully. Carried by the following vote: 488 Adjourned SpecialSession,September 19,1977 Yeas -Mayor Stackis. Councilmen Preg- ler, Tully, Werizberger. Nav%-Councilman Brady. RESOLUTION NO. 36777 RESOLUTION authorizing and providing for the issuance of $10,525.000 Hospital Facility First Mortgage Refunding and Improvemert Revenue Bonds (The Fin- ley Hospital Project) Series 1977 (the "Series 1977 Bonds") of the City of Du. buque, Iowa, for the purpose of lending the proceeds thereof to The Finley Hos- pital to refund in advance the City's cur- rently outstanding 54,250,000 Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital Project) Series A (the "Series A Bonds") and to defray part of the cost of acquiring, constructing, improving and equipping certain build. ings and improvements suitable for the use of the voluntary nonprofit hospital owned and operated by The Finley Hos- pital; the execution and delivery of an In denture of Trust to secure the Series 1977 Bonds; the execution and delivery of a Loan Agreement between the City and The Finley Hospital providing for the repayment of the loan of the proceeds of the Series 1977 Bonds and the securing of said repayment obligation: the execu- tion and delivery of a Bond Purchase Agreement providing for the sale of the Series 1977 Bonds; the execution and delivery of an Escrow Agreement provid- ing for the refunding in advance of the Series A Bonds; and related matters. WHEREAS. the City of Dubuque (the "City"), a municipality and political subdivi- sion in the County of Dubuque. State of Iowa, is authorved by Chapter 419 of the Code of Iowa, as amended (the "Act"), to is. sue revenue bonds and loan the proceeds to one or more contracting parties to be used to pay the cost of land, buildings and improvements suitable for the use of any voluntary nonprofit hospital; and WHEREAS, the City is further author- ized and empowered by the provisions of the Act to issue its refunding bonds to re- fund its bonds theretofore issued under the Act; and WHEREAS, The Finley Hospital, an Iowa nonprofit corporation (the "Corpora tion"), presently owns and operates a vol untary nonprofit hospital (the "Hospital") within the corporate limits of the City; and WHEREAS, on May 13, 1975 the City issued its $4250,000 principal amount of Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital Project) Series A (the "Series A Bonds") dated January 1, 1975, all of which are currently out standing, for the purpose of loaning funds to the Corporation to finance part of the cost of certain buildings and improvements suitable for the use of the Hospital; and WHEREAS, pursuant to published no tice of intention, this City Council has here tofore conducted a public hearing, as re quired by Section 419.9 of the Act, on the proposal to issue its Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley Hospital Pm jest) Series 1977 (the "Series 1977 Bonds") in a principal amount not exceeding $10,750,000 for the purpose of refunding in advance all of the Series A Bonds and fi nancing part of the cost of certain buildings and improvements suitable for the use of the Hospital (the "Project"F and WHEREAS, it has now been detrrmin ed to be nen-ssary and advisable that the Series 1977 Bonds should be issued in the principal amount of $10,52.5,000 for said purposes, and the issuance of the Series 1977 Bonds in such amount will promote the general health and welfare of the in- habitants of the City; and WHEREAS, arrangements have been made for the sale of the Series 1977 Bonds to William G. Ceas & Company (the "Un- derwriter"); NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley Hospital Pm jest) Series 1977 (the "Series 1977 Bonds"), of the City in the principal amount of $10,525,000 be and the same are hereby au thor zed and ordered to be issued pursuant to an Indenture of Trust (the "Indenture") to be. dated as of September 1, 1977 by and between the City and Dubuque [lank and Trust company, as trustee, in substantially the form attached hereto as Exhibit A and containing substantially the terms and pro- visions mvisions set forth therein, for the purpose of refunding in advance the Series A Bonds and financing part of the cost of the Project, including the establishment of cer- tain funds and the payment of expenses in connection therewith, through the loan of the proceeds of the Series 1977 Bonds to the Corporation and the Mayor and the City Clerk are hereby authorixod and di- rected to execute, attest, seal and deliver the Indenture and the Series 1977 [Ands in the manner provided by the Indenture. Section 2 That the City lend the pre, ceeds of the Series 1977 Bonds to the Car- poration for the above prescribed purposes pursuant to a Loan Agreement (the "Loan Agreement") to be dated as of September 1, 1977 by and between the: City and the Corporation, in substantially the form at tached hereto as Exhibit B and containing substantially the terms and provisions set forth therein, including repayment provi sions and provisions with respect to serum urned Special Session, S ing said repayment obligations, and the Mayor and the City Clerk are hereby au. thoTized and directed to execute, attest, seal and deliver the Loan Agreement. Section 3. That the City sell the Series 1977 Bonds to the Underwriters pursuant to a Bond Purchase Agreement Ithe "Bond Purchase Agreement") dated as of the date hereof. among the City, the Corporation and the Underwriter, in substantially the form attached hereW as Exhibit C and con taining substantially the terms and provi sions set forth therein, and the Mayor and the City Clerk are hereby authorvA and directed to execute•• attest, seal and deliver the Bond Purchase Agreerrrnt_ Section 4. That the City refund in ad- vance the Series A Bonds pursuant to an Escrow Agreement (the "Escrow Agree ment" t dated as of September 1. 1977 by and Ix•t%een the City, the Corporation and The First National Bank of Dubuque, in substantially the form attached hereto as Exhibit D and containing substantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorimd to execute, attest, seal and deli ver the Escrow Agreement. Section S. That the distribution by the Underwriter of the Preliminary Official Statement dated September 9, 1977 and a final Official Statement, substantially in the form of said Preliminary Official Statement but with such changes therein as are ap- proved proved by the Corporation, is hereby au- thorima d and the Mayor is hereby authoriz- ed to sign the same. Section 8. That it is hereby found, de- termined and declared that the Series 1977 Bonds and interest and premium, if any, thereon shall never constitute the debt or indebtedness of the City within the mean ing of any constitutional or statutory provi- sion or limitation and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, but the Series 1977 Bonds and interest and premium, if any. thenen shall be payable solely and only from the revenues derived from the Loan Agreement and the security of the Corpo- ration orpxrration delivered pursuant thereto; and no part of the cost of the Project will be pay able out of the general funds or other con tributions of the City (excerpt the proceeds of the Series 1977 Bonds and any subsea quent issues of bends twrmitted under the Loan Agreement and the Indenture). section 7. That the City hereby finds, determines and declares that til the amount necessary in each year to pay the principal of, premium, if any, and interest on the Se- ries o-ries 1977 Bunds is set forth in the Latin Agreement as it formula which will insure that the Corporation is obligated to pay amounts sufficient to pay the principal of. tember 19,1977 489 Premium, if any, and interest on the Series 1977 Bonds; (ii) the amount necessary to pay each year into any reserve funds which this City Council deems advisable to estab. lish in connection with the retirement of the Series 1977 Bonds is set forth in the Loan Agreement and the Indenture and no other reserves are deemed necessary or advisable in connection with the retire. ment of the Series 1977 Bonds or the main- tenance of the Project or for any other pur- pavc; (iii) the Corporation is obligated un- der the Loan Agreement to maintain the Project and carry all proper insurance with respect thereto; (iv) the Loan Agreement obligates the Corporation to complete the Project without any cost or liability to the City; and (vl no land acquired by the City by the exercise of condemnation through eminent domain will be used to effectuate the purposes of the Act in connection with the Project. Suction 8. That the Series 1977 Bonds shall not be subject to the general provi. sions of law, if any, presently existing or that may hereafter be enacted, respecting the execution and delivery of the bonds of a municipality and respecting the retaining of options of redemption in proceedings au- thoriAng the issuance of municipal securi- ties. Section 9. That the Mayor and the City Clerk are hereby authorized and directed to execute• attest, seal and delivery any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Series 1977 Bonds and the execution and delivery of the Loan Agree- ment, greement, the Indenture, the Bond Purchase Agreement and the Escrow Agreement. and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 10. That the provisions of this Resolution are hereby declared to be -p- arable and if any section, phrase or provi- sion shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 11. That this Resolution shall become effective immediately upon its pas• sage and approval. Passed and approved September 19, 1977. Emil Stackis Mayor ATT EST: Leo F. Frommelt City Clerk Councilman W ert zberger moved adop- tion tion of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. 490 Ad.lournedSpecial Session, RESOLUTION NO. 368.77 Authorizing Publication of Notice of Public Hearings for the Purpose of Amending Use of Community Devel- opment Block Grant Funds Under Grant Agreement B -77 -MC -19-0004 Dated May 10, 1977. WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974 to certain Community Develop- ment 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, chan- ges or amendments require that citi- zens be provided with adequate infor- mation concerning the Community De- velopment Block Grant Program; and WHEREAS, it is deemed to be in the best interests of the Community Devel: opment Block Grant Program to hold certain public hearings to supplement meetings held by the Community De- velopment Commission; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and direct- ed to publish notice of public hearings in the form of "Exhibit A" attached hereto and made a part hereof. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" Public Hearings Pursuant to Title I of the Housing and Community Development Act of 1974, the City Council will hold two Public hearings for the purposes of ob. taining the views of residents of the City on the amending of Community Development Block Grant Agreement B -77 -MC -19-0004 dated May 10, 1977 to provide Twelve Thousand Two Hun. dred Ten Dollars (=12,210.00) for the Siding, Re -Roofing, and Insulation of the Dubuque Area Sheltered Workshop. A copy of Grant Agreement B -77 -MC. 19.0004 dated May 10, 1977 and the pro. posed plans are on file and available at the Department of Community Devel. opment, 480 Fischer Building, Dubu- ber 19,1977 que, Iowa hetween the hour%of R:00 AM and 5:00 PM, except Saturdays. Sun- days and holidays. Additional informa- tion concerning the Community Devel opment Block Grant Program may be obtained from Dan Diltemore or Harry Neustadt of the Department of Commu- nity Development 1319-557.19301. The Public Hearings will he held in City Council Chambers. City Hall. 13th and Central Streets. Dubuque, Iowa at 7:30 PM both on October 3. 1977 and Oc. tober 17, 1977. Any person or organiza. tion desiring to he heard will he given an opportunity to express their views on this amendment. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of Sanitary Sewer and Water Mains for Five Flags, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 360.77 WHEREAS, proposed plans, specifi. cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque. Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im. provement for the relocation of the sanitary sewer and water main for the FIVE FLAGS BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, ob- jections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct. ed and done in accordance with the plans and specifications which have SpecialSession, been approved by the COY Council and are now on file with the City Clerk. That the cost and expense of making said improvement will he paid from the Community Development Fnnd and Water Works General Fnnd. The above resolution was introduced, approved and ordered placed on file with the City Clerk this Pith day of Sep- tember. 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed bythe City Council this 19th day of Septem- ber. 1977. Emil Stackis Mayor Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved fi- nal adoption of the Resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain Councilman Tully. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 369.77 WHEREAS, proposed plans and spe- cifications and form of contract for the relocation of the sanitary sewer and water main for the FIVE FLAGS have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of the Code of Iowa, 1975, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 19th day of Septem her, 1977; and WHEREAS, the City Council met in adjourned regular session this 19th day of September, 1977, at 7:30 o'clock P.M. at the Council Chambers in the Citv Hall for the purpose of hearing all inter ested parties and Considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore ber 19,1977 491 BE IT RESOLVED by the City Coun cil of the City of Dubuque, that all oh• jeetions which have been made and filed to the plans, specifications, con. tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overrul- ed and such plans, specifications and form of contract. heretofore approved are hereby adopted. HE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improve- ment he made a matter of permanent. record in connection with said improve. ment. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Ordering Construction) RESOLUTION N0. 370.77 BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBU. QI1E, IOWA that pursuant to a Resolu- tion of Necessity No. 360.77 which was duly passed by this Council for the im- provement of relocation of the sanitary sewer and water main for the FIVE FLAGS Be and same is hereby ordered con- structed by this Council upon its own motion and with or without the petition of property owners. All work shall be constructed in ac- cordance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improve- ment be paid from the Community Development Fend and Water Works General Fnnd. HE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City COM- cil. 492 ISession. September 19, 1977 Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzherger .lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. RESOLUTION 371.77 WHEREAS, there has been present ed to the City Council of Dubuque, Iowa the Financial Report, City of Dubuque. Iowa Fire & Police Retirement Systems for the fiscal year ended June 30, 1977; and WHEREAS, the City Council. City of Dubuque. Iowa, has examined same and finds that said report should be approv ed. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Financial Re- port, City of Dubuque. Iowa Fire & Po- lice Retirement Systems for the fiscal year ended June 30, 1977, presented to the City Council of the City of Dubuque, Iowa, be and the same is hereby approv ed. Passed, adopted, and approved this 19th day of September. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. RESOLUTION NO. 372.77 Authorizing the Execution of a Grant Agreement with the Economic Devel. opment Administration for Construc- tion of Interceptor Sanitary Sewers WHEREAS, pursuant to the provi sions of the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has ap- proved an application filed by the City of Dubuque to provide financial assis- tance for Construction of Interceptor Sanitary Sewers. NOW THEREFORE, HE 1T RE. SOLVED BY THE: CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $50,000 with the Economic Development Ad. ministration for EDA Project No. 05.51- 26571 Construction of Interceptor Sani- tary Sewers. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. September 9, 1977 To the Honorable Mayor and City Council Enclosed are the preliminary plans, specifications and estimate for the re- construction of the Flora Park Tennis Courts. Gilbert I). Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays -none. Abstain Councilman Tuii, RESOLUTION NO. 373.77 Approval of Preliminary Estimate. plans and specs. for reconstruction of Flora Park Tennis Courts, in the amount of $60,039.94, presented and read. Councilman Pregler moved adop- tion of the Resolution. Seconded by Councilman Wertzberger. Carried by I he following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Naya•none. Abstain Councilman 'fully. Adjourned Special Session,Se (Necessity for Improvement) RESOLUTION NO. 374.77 WHEREAS, proposed plans. specifi cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the Citv Clerk showing among other things the following: 111 The plan of such improvement (21 An estimate of the cost of the im- provement for the reconstruction of the Flora Park Tennis Courts HE IT THEREFORE: RESOI,VE:D that the City Council on its own motion. deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu tion have on file with the City Clerk, ob jections to the amount of the cost of the improvement, they shall he deemed to have waived all objections thereto. Said improvement shall he construct ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost, and expense of making said improvement will be paid from Local Public Works Fund 51. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 191,h day of September, 1977. Approved and placed on file for final action. APPROVED: Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved approval of the Resohition. Seconded by Coun oilman Wertzberger. Carried by the fol lowing vote: Yeas -Mayor Stackis, Gruncilmen Brady. Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Fixing Dale of Hearing) RESOLUTION NO. 375.77 WHEREAS. the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the reconstruction of the. Flora Park Tennis Courts. her 19,1977 493 13E IT THEREFORE RESOLVED that on the 3rd day of October, 1977, a public hearing will he at 7:30 p.m. in the Council Chamher of the City of D ubu que at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specificalions, form of contract and cost of said improvement, and the City Clerk he and he is hereby directed to cause a notice of time and place of such hearing to he published in some news- paper published in the City of Dubuque, Iowa which shall he not less than four days nor more than twenty days prior to the day fixed for its consideration. and the City Clerk he and he is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby directed to ad- vertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen .ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler. Wertzberger. Nays -none. Abstain -Councilman Tully. September 13, 1977 Honorable Mayor and City Council Enclosed are plans• specifications and estimates for replacement of windows in City Hall. This project is being financed with public Works Funds in the amount of E54,]?2. Gilbert I). Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tulh. RESOLUTION NO. 376.77 Approval of preliminary estimate for replacement of windows in the City Hall in the amount of $54,172, present- ed and read. Councilman Wertzberger 494 Adjourned Special Session, September 19,1977 moved adoption of the Resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 377.77 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the Replacement of windows in City Hall, 13th & Central Avenue, Dubuque, Iowa BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, ob- jections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall he construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Local Public Works Fund 51. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 19th day of September, 1977. Approved and placed on file for final action. APPROVED: Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved ap. proval of the Resolution. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Fixing Date of Hearing) RESOLUTION NO. 378.77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its pre. liminary approval on the proposed plans, specifications, and form of con. tract and placed same on file in the of- fice of the City Clerk for public inspec. tion for the Replacement of windows in City Hall, 13th & Central Avenue, Du- buque, Iowa BE IT THEREFORE RESOLVED, that on the 3rd day of October. 1977, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hea. ring to be published in some newspaper published in the City of Dubuque which shall be not less than four nor more than twenty days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for pro- posals for the construction of the afore- mentioned improvements. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. September 13, 1977 To the Honorable Mayor and City Council Enclosed are the plans, specifications and estimate for the construction of the Seventeenth Street Storm Sewer. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vott.: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. rnedSpecial RESOLUTION NO. 379.77 Approval of preliminary estimate plans and specs. for construction of 17th Street Storm Sewer in the estimated amount of $456,604.03, presented and read. Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 380.77 WHEREAS. proposed plans. specifi cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the construction of the Seventeenth Street Storm Sewer. BE IT THEREFORE RESOLVE[) that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, ob- jections to the amount of the cost of the improvement. they shall be deemed to have waived all objections thereto. Said improvement shall he construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Local Public Works Fund 51. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of September. 1977. Approved and placed on file for final action. APPROVED: Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman 1'regier. Carried by the fol- lowing vole: n ber 19,1.977 495 Yeas -Mayor Staekis, Councilmen Brady, Pregler, Wertzberger. Nays none. Abstain -Councilman Tully. (Fixing Date of Hearing) RESOLUTION NO. 381.77 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the construction of the Seven- teenth Street Storm Sewer. BE IT THEREFORE RESOLVED that on the 3rd day of October, 1977, a public hearing will be at 7:30 p.m. in the Council Chamber of the City of Dubu- que at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk he and he is hereby directed to cause a notice of time and place of such hearing to be published in some news- paper published in the City of Dubuque. Iowa which shall be not less than four days nor more than twenty days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby directed to ad. vertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted, and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Yregler, Wertzberger. Nays -none. Abstain -Councilman Tully. August 30-1977 To the Honorable Mayor and City Council This is to advise you that the sanity ry sewer constructed on West 32nd Street from Carter Road, westerly W John F. Kennedy Road, has been com- pleted substantially in accordance with 496 Adjourned Special Session, September 19,1977 plans and specifications by Tri-State Paving Company of Dubuque, Iowa. Gilbert f). Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays -none. (Final Estimate) RESOLUTION NO. 382.77 WHEREAS, the contract for the West 32nd Street Sanitary Sewer from Carter Road westerly to J. F. Kennedy Road has been completed and the City Engineer has submitted his final esti mate showing the cost thereof including the cost of estimates, notices, inspec tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $186,159.71. That $105,604.54 of the cost thereof shall be assessable upon private pro- perty and $80.555.17 shall be paid from the Sewage Rental Fund of the City of Dubuque. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Second. ed by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice) RESOLUTION NO. 38377 WHEREAS, the contract for the West 32nd Street Sanitary Sewer from Carter Road westerly to .John F. Ken nedy Road 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 spe. cifications and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager he approved and that said improvement be and the same is hereby accepted and the City Engineer he and is herehv di. rected to prepare a plat and schedule showing the lots or parcels of real es- tate subject to assessment for said im. provement and file the same in the of- fice of the City Clerk subject to public inspection and said Clerk shall upon re ceipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. RE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to he realized from the sale of Sewer bonds issued upon the above de. scribed improvement in amount equal to the amount of his contract, less any retained percentage provided for there- in. Passed, adopted and approved this 19th day of September, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Application of Henry L. & Lois Cal- lan requesting annexation of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Hen. schel's Black Forest" in Table Mound Township, Uubuque County, Iowa, pre- sented and read. Councilman Wertzbe.r ger moved that the annexation be ap proved. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 384.77 WHEREAS the owners of an area ap- proximately one acre in size lying southwest of the main portion of the City of Dubuque, Iowa and immediately contiguous to the roadway identified as the extension of Richards Road, now voluntarily petition the City Council for annexation of their property to the City Of Dubuque, Iowa; and WHEREAS the inhabitants of said premises will be enabled to secure the AdjournedS I Session, henefits of city government if said prop erty is incorporated within the limits of the City of Dubuque, Iowa, to wit, the benefits of police and fire protection and the securing of water and other mu nicipal services; and WHEREAS Chapter 368 of the Code of Iowa, as amended, authorizes the ex tension of city limits under such circum- stances by adoption of a Resolution therefore; and WHEREAS the future growth, or- derly development and preservation of the public health of the City of Duhu que. Iowa make it imperative that said premises he made a part of the City of Dubuque. IOWA; NOW THEREFORE, BE IT RE SOLVED BY THE CITY COIINCIL OF THE CITY OF Dt1BI1QI!E. IOWA AS FOLLOWS: Section 1. That the territorial limits of the City of Dubuque. Iowa be, and they hereby are, extended to include the area comprised of the following de scribed real estate: Lot 2 of Let 1 of Lot I of Lot 1 of Lot I of "Henschel's Black For- est" in Table Mound Township, Dubuque County. Iowa, accord ing to the recorded plats thereof, subject to easements of record (Said property being .shown upon the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, the boundaries of which proper ty are outlined in red thereon.t Section 2. That the premises herein annexed shall become a part of the thir- teenth voting precinct in the City of Du- buque. Iowa. Passed, adopted and approved this 19th day of September. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt Citv Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tuilv. Carried by the fol lowing vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tull-. Wertzberger. Nays none. August 19, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plats subdividing Block 6 and rnber 19,1977 497 Block 7 both in Phase 1 of `tone Hill Community No. 1, into Block H and redi viding Block 8 Phase One of Stone Hill Community into Lots I through 6. The property is located at the southwest corner of the intersection of Stone Ridge Drive and Windsor Avenue in the City of Dubuque. Iowa, as depicted on the attached map, The Planning and Zoning Commis- mon ommispion has voted to approve the final plats as submitted and recommends your fa vorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication he received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 385.77 Resolution Approving Plat of the Sub• division of Block 6 and Block 7, each in "Phase One of Stone Hill Commu- nity Subdivision No. 1", in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Block 6 and Block 7, each in "Phase One of Stone Hill Communitv Subdivision No. 1 in the City of Dubuque, Iowa is plat- ted as: Lots 1, 2. 3 and 4, each of the Subdivision of Block 6 in "Phase One of Stone Hill Community Subdivision No. 1". and Lots 1, 2. 3. 4 and 5, each of the Subdivision of Block 7 in "Phase One of Stone Hill Community Subdivision No. 1 each in the City of Dubuque, Iowa and, WHEREAS said plat has been exam- ined by the City Planning Commission and had its approval endorsed thereon; and, WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED 13Y THE CITY COUNCIL OF THE CITY OF DLiBUQUE, IOWA. Section 1. That the above described plxt be and the same is hereby approv ed and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. 498 3ecial Session, September 19,1977 Passed, adopted and approved this 19th day of September. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 348.77 Resolution Approving Plat of Block 8 in "Phase One of Stone Hill Community Subdivision No. 1" in the City of Dubu- que, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Block 6, Lot 2 of Block 7. Lot 3 of Block 7, Lot 4 of Block 7 and Lot 5 of Block 7. each in "Phase One of Stone Hill Com- munity Subdivision No. 1" in the City of Dubuque. Iowa, is platted as: Block 8 in "Phase One of Stone Hill Community Subdivision No. 1" in the City of Dubu. que, Iowa and. WHEREAS said plat has been exam- ined by the City Planning Commission and had its approval endorsed thereon: and. WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. S"flon 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en dome the approval of the City upon said plat. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas Mayor S(ackis. Councilmen Bradv. Pregler, Tull v. Wertzberger. Nays none. September 12, 1977 To the Honorable Mayor and Citv Council Enclosed are preliminary plans and specifications and an estimate for in- stallation of 12" water main on Fremont Avenue and a 16" water main on Cedar Cross Road. Gilbert 1). Chavenelle City Manager Councilman Wertzberger moved that the communication he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Peas -Mayor Stackis. Councilmen Brady, Pregler, Tully, WertzherKer. Nays-none, RESOLUTION NO. 387.77 Approval of Preliminary Estimate of specs. and plans for construction of 12" Fremont Water Main and IB" Cedar Cross Water Mains in the amount of $83.119.90, presented and read. Council- man Wertzberger moved adoption of the Resolution. Seconded by Council. man Pregler. Carried by the following vote: Peas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wert7herger. Nays none. (Necessity for Improvement) RESOLUTION NO. 388.77 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: I. The plan of such improvement 2. An estimate of the cost of improve. ment for the installation of a 12" water line on Fremont Avenue and a 16" water line on Cedar Cross Road. BE IT THEREFORE: RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall he deemed to have wai- ved all objections thereto. Said improvement shall he construct- ed and done in accordance wit h t he plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said impro- vement from Water Department's Im- provement Fund. rned Special Session, September 19,1977 The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of Septem- ber. 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved ap- proval of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. (FIXING DATE OF HEARING) RESOLUTION NO. 389.77 WHEREAS. the City Council of the City of Dubuque. Iowa, has given its pre. liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the installation of a 12" water line on Fre- mont Avenue and a 16" water line on Cedar Cross Road. BE IT THEREFORE RESOLVED that on the 3rd day of October, 1977, a public hearing will be at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspa• per published in the City of Dubuque. Iowa which shall be not less than four days nor more than twenty days prior to the day fixed for its consideration, and the City Clerk be and he is hereby direct- ed to have published the notice of pen- dency for said improvement. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved a- doption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none, RESOLUTION NO. 390.77 Authorizing the Execution of a Grant Agreement with the Economic Devel• opment Administration for Schmitt Harbor Municipal Boat Ramp WHEREAS, pursuant to the provi. sions of the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, the Economic Development Administration has ap- proved an application filed by the City of Dubuque to provide financial assistance for Schmitt Harbor Municipal Boat Ramp. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $41,155 with the Economic Development Admin- istration for EDA Project No. 05-51- 26668 Schmitt Harbor Municipal Boat Ramp. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Na N's -none. Abstain -Tully. RESOLUTION NO. 391.77 Resolution Approving Plat of Ramada Inn Place W HEREAS there has been filed with the City Clerk a plat in which All that part of Lot 1 of I.ot 2 of Hawkeye Stock Farm and vacated Division Street in Sections 27 and 28, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Dubuque County, Iowa, subject to easements and dedications of record; is platted as Lots 1 and 2 of Ramada Inn Place, as shown on the plat attach- ed hereto; and WHEREAS, said plat has been exam- ined by the Planning & Zoning Commis- 500 Adjourned Special Session, September 19,1977 sion and had its approval endorsed the reon; and, WHEREAS, said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Mayors Industrial Committee submitting a proposal from Dubuque Electric Motor Service Inc. for the purchase of Lot 4, Block 1 River. front Sub. No. 5 for approx. 1.2 acres, presented and read. Councilman Preg- ler moved that the communication be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 392.77 BE IT RESOLVED by the City Coun. cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Gene Kopp, 951 Main Street Neldia Jane Fitzgibbons, 1700 Central Ave. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 393.77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, that the follow- ing applications be approved and licen- ses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd. Dubuque (Also Sun- day Sales) 3434 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas. 926 Main Street William Baum (Also Sunday Sales) 500 Rhomberg Ave. Richard M. Richman (Also Sunday Sales) 1618 Central Avenue Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 394.77 WHEREAS. applications for Liquor Licenses were filed by the within named applicants and they have receiv. ed the approval of this Council; and WHEREAS, the premises to be occu pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE HE IT RE SOLVED by the City Council of j)u. buque. Iowa, that the Manager be au thorized to cause to be issued to the fol- lowing named applicants a Liquor Lic- ense. Adjourned Special Session, September 19,1977 501 CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Lid. Dubuque (Also day Salesl 3434 (lodge Street Sun CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, 926 Main Street William Baum (Also Sunday Sales) 500 Rhomberg Ave. Richard M. Richman (Also Sunday Sales) 1618 Central Avenue Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 395.77 WHEREAS. applications for Beer Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Holy Trinity Parish (Also Sunday Sales) 1700 Rhomberg Ave. CLASS "C" BEER PERMIT Ralph J. Grabow (Also Sunday Sales) 1050 University Ave. Passed, adopted and approved this 19th day of September. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. RESOLUTION NO. 398.77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to he occu. pied by such applicants were inspected and found to comply with the Ordinan. ces of this City and they have filed pro. per bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, that the Mana- ger be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Holy Trinity Parish iAlso Sunday Sales) 1700 Rhomberg CLASS "C" BEER PERMIT Ralph J. Grabow (Also Sunday Sales) 1050 University Ave. Passed, adopted and approved this 19th day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. At 9:53 P.M. Councilman Tully moved to go into Executive Session to discuss appointments to various Boards and Commission. Seconded by Council- man Wertzberger. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Council Reconvened in Regular Ses. sion at 10:23 P.M. Mayor Stackis announced the follow- ing appointments: Judith Schmidt to Advisory Commission; Name of Walter Graumann be withdrawn and replaced by Frieda Luther to Civil Service Com- mission expiring 3.31.82; Dale Neder- hoff to N.E. Area Crime Commission; Chas. Kurt, Elaine Kaufman, Jos. Back - es and Bob Sawvel to Housing Rehab. Commission; and Edna Thompson and Larry Lenning to Community Develop- ment Commission. Councilman Pregler moved ratification of the appointments. Seconded by Councilman Tully. Carried by the following vote: 502 Adjourned Special Session, September 19,1977 Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Advisory Commis sion requesting the Council to consider forming and supporting a Youth Com- mission, prevented and read. Council. man Brady moved that the communica tion be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. There being no further business, Councilman Tully moved to adjourn. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Leo F. Frommelt City Clerk Approved ... 1978 Adopted .... M............ arch 1 .3.x ... 1978 __� __1 Cu incilors AF,ST- ty yCie Session, October 3,1977 503 CITY COUNCIL OFFICIAL Regular Session, October 3,1977. Council met at 7:30 P.M.1C.D.T.1 Present Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such business as may properly come before the Meeting. Invocation was given by Father George Karnik, Head of Family Life Bureau of the Archdiocese and Associ. ate Pastor of Holy Ghost Church. Proclamations proclaiming month of October as "Property Identification Month"; October 11th & 12th as "Gour- met Cooking Days", October 31, 1977 as "Halloween Trick Or Treat Night"; and October 15th as "White Cane Safety Day" were read, approved andsigned by Mayor Stackis. Communication of Playground and Recreation Commission submitting min- utes of their meeting of September 12, 1977, presented and read. Councilman Pregler moved that the minutes be re- ceived and filed. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Werizherger. Nays none. Communication of Board of Dock Com- missioners submitting minutes of their meeting of August 17, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of Dubuque Transit Board submitting minutes of their meet- ing of September 6, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Sec- onded by Councilman Wertzberger. Car. ried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger, Nmys-none. Communication of Dubuque Airport Commission submitting minutes of their meeting of September 19, 1977, present ed and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Counrilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Commission of Housing Commission submitting minutes of their meeting of September 20,1977, presented and read. Councilman Pregler moved that the min. utes be received and filed. Seconded by Councilman Wertzberger. Carried by t he following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of DMATS submit. ting minutes of their meeting of August 25, 1977, presented and read. Council. man Pregler moved that the minutes be received and filed. Seconded by Council- man Wertzberger. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Councilman Pregler moved that the Dock Commission be directed to investi- gate property for the parking of Rob. ert's River Rides. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -Councilman Tully. Mayor Stackis moved that the opera- tion of Sail Boat Inc. be checked and re- ferred to the C ity Manager's office for in- vestigation and report — Possibly sub- ject to Sub -Lease. Seconded by Council- man Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Zoning Adminis- trator notifying Council of conditional use permits granted by the Zoning Board of Adjustment for 607 E. 22nd St., 3200 Asbury Rd., 24T.3 Broadway St. and 86 Hill St., presented and read. Coun- cilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of Finley Hospital by Charles R. Gilliam expressing thanks for cooperation received on the Hospital Bond Issue and advising of proper con- tacts to be made to expedite the Park- way Storm Sewer problem, presented and read. Councilman Wertzberger moved that the communication be re- ceived and filed and referred to City Manager. Seconded by Mayor Stackis. Carried by the following vote: 504 lar Session, October 3,1977 Yeas Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Communication of Iowa D.E.Q. suh milting construction permit for Water Main Extension on Aquin Street, pre rented and read. Councilman Wertzber ger moved that the communication he received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Communication of Robbe Ames sub- mitting her resignation from the Com munity Development Commission, pre- sented and read. Councilman Wertzber- ger moved that the communication he received and filed and accepted with re- gret. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of W. 11th Street Neighborhood Assn. by Betty Krieg, in- dicating dissatisfaction relative to per sons selected to serve on the Historic Preservation Commission, also urging appointment of a representative to their organization: also wishing toaddress the Council, presented and read. Councilman Pregler moved to sus- pend the rules to let anyone present ad. dress the Council if they so desire. Sec onded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Bob Fish, Betty Krieg and Ruth Nash spoke to the Council and challenged membership otCommission. Councilman Tully moved that the communication be received and filed and referred to Council. Seconded by Mayor Stackis. Carried by the following vote- Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of W. 11th St. Neigh borhood requesting Ruth Nash, Janice Zenner and Betty Krieg be allowed to serve on the Community Development Commission as representatives fr(.m the W. 11th St. Neighborhood, presented and read. Councilman Wertzberger moved that the communication he re ceived and filed and referred to Council. Seconded by Mayor Stackis. Carried by the following vole: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of Iowa D.E.Q. sub. mittinga report of inspection of the Was- tewaterTreatment Facility Final Grant, noting several deficiencies in the exist ing facility which must he corrected and recommending that final grant pay ments not be made until deficienciesand violations are resolved, presented and read. Councilman Wertzherger moved that the communication he received and filed and referred to the City Manager. Seconded by Mayor Stackis. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of Cable TV Commis tion advising that Donald R. Abitz is un able to accept appointment to the Com mission also that no action be taken by the Council at this time on Huston's re- quest for approval of the lease proposal. presented and read. Councilman Wertz berger moved that the communication be received and filed. Seconded by May. or Stackis. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Housing Commis- sion advising of selection of Charlotte Kelly as Chairperson, Douglas Pearce Vice Chairperson, Doris Ilingtgen Rep- resentative and requesting Council con. firmation, presented and read. Coun. cilman Wertzberger moved that the communication be received and filed and positions confirmed. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Eric A. Schulz re- questing permission to address the Council to formally present a suggested outline indicating a course of action on building defects and zoning misuse, pre stinted and read. Councilman Wertzber- ger moved that the communication be received and filed and referred to Coun- cil. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of 11th Street Neigh borho od Assn. being in favor of presale inspection of real property as a needed tool for consumer protection, presented and read. Mayor Stackis moved that the communication he received and filed. Seconded by Councilman Tully. Carried by the following vole: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear lar Session, October 3,1977 505 ings for the purpose of obtaining views on amending the Community Block Grant Agreement to provide $12,210. for siding, reroofing and insulating Du. buque Area Sheltered Workshop ifirst reading), presented and read. Mayor Stackis moved that the proof of publica- tion he referred to the Council Meeting of October 17, 1977 for a second presen- tation. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of list of Receipts and Ex- penditures, also list of claims for August,1977, presented and read. Coun. cilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzherger. Nays -none. September 26,1977 Honorable Mayor and City Council I am returning to you the petition of Michael O'Neill which brought to your attention that the location of speed limit changes was not posted on JFK Road. I am enclosing a copy of a letter from Chief O'Brien which indicates that a speed sign has been mounted on the west side of JFK just south of Asbury Road. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of John Gorsuch, in the amount of =450., for removal and re placement of two trees that were damag ed due to street salt used on Prospect Street, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Attornec for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays -none. Original Notice and petition for decla- ratory judgment from District Court to W. C. Ne umeister et al vs. City Develop ment Board. City Development Commit tee and City of Dubuque. Iowa, relative to annexation, presented and read. Councilman Wertzberger moved that the Notice and Petition he referred to the City Attorney for investigation and report. Seconded by Counciman Preg- ler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Councilman Pregler moved that the City Attorney be authorized to file no- tice of Appeal relative to annexation. Seconded by Councilman Tully, Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Councilman Pregler moved that the Verbal Report submitted by Attorney Russo he accepted and Chief O'Brien's case be closed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher of Notice of Public Hear- ing to amend the Code of Ordinances Zoning Ordinance by reclassifying por- tions of property on the west side of the 2300 Block of Central Ave. from C-2 Lo- cal Service Commercial District to C-3 Arterial Business Commercial District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Sec- onded by Councilman Wertzberger. Car- ried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. ORDINANCE NO. 67-77 AN ORDINANCE OF THE CITY OF DU- BUOUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF. ALSO KNOWN AS THE "ZONING ORDIN. ANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING PORTIONS OF PROP- ERTY ON THE WEST SIDE OF THE 2300 BLOCK OF CENTRAL AVENUE FROM C-2 LOCAL SERVICE COM- MERCIAL DISTRICT TO C-3 ARTERI- AL BUSINESS COMMERCIAL DIS. TRICT CLASSIFICATION, said Ordinance having been previously presented and read at. the Council Meet- ing of September 6, 1977, presented for ficial adoption. ORDINANCE NO. 67-77 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- 506 Regular Session, October 3,1977 BUQUE, IOWA, BE AMENDED BY RE VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDIN• ANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RE. CLASSIFYING PORTIONS OF PROP. ERTY ON THE WEST SIDE OF THE 2300 BLOCK OF CENTRAL AVENUE FROM C•2 LOCAL SERVICE COM- MERCIAL DISTRICT TO C-3 ARTERI• AL BUSINESS COMMERCIAL DIS- TRICT CLASSIFICATION NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cade of Ordinanr- es of the City of Dubuque, louw, be amended by revising Appendix A there- of also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, lova", torerlassifyfrom "C-2LocalSer- trice Commercial District"classification to "C -,Y Arterial Business Commercial District" classification, the following described real estate, to wit: Lot 1, Lot la, Lot 2, and Lot J in Krayer's Subdivision,• the West 50 feet of Lot 3 and the West 50 feet of Lot 4 in Srhaffner's Subdi vision; the North 4i of Lot 5, the North t/r ofLot band the North % of Lot 7 in Schaffner's Subdivi. sion; the West 40 feet of the East 165 feet of the North 80feet ofLot 5 in Brewery Addition; the East 100 feet of Lot 8 and the Fast 100 feet of Lot 4 of Schaffner's Subdi• vision; the East 125 feet afthe East 165 feet of the North 80feet of Lot 5 in Brewery Addition; the North ,96 feet of Lot 3 and all of Lot 4 in Brewery Addition; and all of Lot 1 of Valeria Place except the Westerly approxima. tely 180 feel thereof, all in tht City of Dubuque, lows Section 2. That the foregoing amend ment has heretofore been approved by the Planning anti Zoning Commission of the City ())'Dubuque, lows Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this Pith day of Or. tober, 1977. Leo F. Frommelt It 10/6 City Clerk Councilman Tully moved final adop tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler,Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear• ing to amend Code of Ordinances Zoning Ordinance by reclassifying portions of M.L. 237 and M.L. 243 from AG Agricul. tural District Classification to C3 Arte. rial Business Commercial District Clas sification, presented and read. No writ- ten objections were filed and no oral ob- jectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Car. ried by the following vote: Yens -Mayor Stackis, Councilmen Brady, Pregler,Tully, Wertzberger. Nays none. ORDINANCE NO. 68-77 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DU BUQUE. IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE. CLASSIFYING PORTIONS OF MINE. RAL LOT 237 AND MINERAL LOT 243 FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meet- ing of September 6, 1977, presented for final adoption. ORDINANCE NO. 68-77 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 PORTIONS OF MINERAL LOT 237 AND MINERAL LOT 243 FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO C3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION NOW THEREFORE BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Phal the ('ode of Ordtoanr es of the City of Dubuque. Iowa, br amended by revising Appendix thrt, of also known as the'Zoning Ordinanco Regular Session, October 3,1977 and Zoning Map of the Cify of Dubuque, Iowa" Ioreclassifyfrom "AGAgricultu- ra./District "classification to "C -B Arte. rial Business Commercial District "clas- sific-ation, the following described real estate, to wit: Lot 2 of the subdivision nfLot I of the subdivision of Lot 1 of Mine. ral Lot 287, and Lot 8 of Mineral Lot 243 in Section 27, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, loam. Section 2. That the foregoingamend- ment has hvrvtvkfore been approved by the Planning and Zoning Commission of the City of Dubuque, lou a. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 6th day of Oc- tober, 1977. Leo F. Frommelt City Clerk It 1016 Councilman Wertzberger moved final adoption of the Ordinance. Second. ed by Mayor Stackis. Carried by the fol- lowing vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, 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 Section 25-257 of said Code; providing that a vehicle dis- playing a valid parking sticker to park a motor vehicle upon those streets or por- tions of streets designated as two hour time zones and shall be exempt from sub- section (a) and (b) of Section 25-257 AND AN ORDINANCE of the City of Dubu- que, Iowa providing that the Code of Or - -s. City of Dubuque, Iowa, he amended by adding a Section to be num- bered 253713, providing for a vehicle dis playing a valid parking sticker to park a motor vehicle upon the streets of the City of Dubuque in Parking Meter Dis- tricts A, It and C and shall be exempt from the provisions of Section 25-327 and Section 25328, presented and read. Councilman Tully moved the Ordinances he tabled indefinitely. Seconded by 507 Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays,Caun . Iman Brady. Proof of Publication, certified to by the Publisher, of Noticeof Public Hearingtova. tate and dispose of a portion of Ruth Street abutting Lots 13 and Lots 1315 in King's Grove Addn., presented and read. No writ. ten objections were filed and no oral objec. tors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO.69.77 AN ORDINANCE VACATING A POR. TION OF RUTH STREET ABUTTING LOTS 1.3 AND LOTS 13.15 IN KING'S GROVE ADDITION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented at the Council Meeting of Sep- tember 19. 1977, presented for final adoption. ORDINANCE NO. 6P-77 AN ORDINANCE VACATING A POR- TION OF RUTH STREET ABUTTING LOTS 1-3 AND LOTS 13.15 IN KING'S GROVE ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, William P. Meyers as owner of Lots 1.8 and 18-15 in King's Grove Addition in the City of Dubuque, Iowa, has petitioned the City Council for the vacation of Ruth Street abutting Lots 1.8 and Lots 18.15 in King's Grove Addition in the City of Dubuque, Iowa, all above real estate situated in the City of Dubuque, Iowa, and WHEREAS. Cullen, Kilby. Carolan & Associates has prepared and submit- ted to the City Council said plats show- ing the said street, together with Lots 1- 5 and Lots 11.15 all in King's Grove Ad- dition in the City of Dubuque, Iowa, and assigned a number thereto and which shall hereafter be known and described as Lot A of vacated Ruth Street in King's Grove Addition in the City of Dubuque. Iowa, and WHEREAS, the City Council of Du- buque, Iowa has determined that this street is no longer required for public use and the vacation of said street known as Lot A of vacated Ruth Street in King's Grove Addition in the City of Dubuque, Iowa should be approved. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF D UB UQ IJE. 10 WA: 508 Regular Session, October 3,1977 Section 1. That said real estate de- scribed as Lot A of vacated Ruth Street in Kings Grove Addition in Dubuque, lotua be and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispose of said real estate described as Lot A of tarated Ruth Street abutting Lots ]-Sand Lots 13.15 in King's Grove Addition. Section 3. That the conveyance of said Lot A of vacated Ruth Street in King's Grove Addition in the CityofDu. baque, Iowa, be and the same is hereby approved upon payment of $200., and upon payment of coat of publication and filing cost. Passed, adopted, and approved this 3rd day of October, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: councilmen Leo F. Frommelt City Clerk Published officially in the Telegraph Herald this 6th day of October, 1977. Leo F. Frommelt City Clerk It 1016 Councilman Tully moved final adop. tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. RESOLUTION NO. 397-77 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published on September 23. 1977 in the City of Dubuque. Iowa. the City Council of the City of Dubuque, Iowa met on the 3rd day of October, 1977 at 7:301CDT1 in the City of Dubuque, City Hall, Dubuque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinaf. ter described to William P. Meyers. and WHEREAS, City Council of the City 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 de- scribed real estate to the above named party; NW THEREFORE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of inter- est of City of Dubuque, Iowa in and to, and the conveyance of vacated portion of Ruth Street, platted and described as: Lot "A" of vacated Ruth Street in Kings Grove Addition, in the City of Dubuque. Iowa to William P. Meyers he and the same is hereby approved for the purchase price of $200.00. plus costs of publication and recording fees, no ahstract of title will he furnished and conveyance shall be by Quit Claim Deed and said conveyance shall be subject to reservation by the City of Dubuque, Iowa of a perpetual easement for the full width of said vacat ed portion of street for the installation and maintenance of water and sewer mains and for the right of ingress and e gress therefrom to repair and maintain the same; Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said deed of con. veyance and the City Clerk be and he is hereby authorized and directed to de. liver said deeds of conveyance to the grantee 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 Re- corder. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council. man Wertzberger. Carried by the fol lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. September 27,1977 Honorable Mayor and City Council The City of Dubuque Planning and zoning Commission has held a public hearing on the petition of Dubuque De velopment, Incorporated, requesting R- 2 and R-3 Residential District classifica- tions on their 55 acre tract recently an. nexed to the City of Dubuque. This prop- erty contains a portion of the Siegert Farm located on Pennsylvania Avenue Immediately west of the proposed loci :ion of the Northwest Arterial. A lova .ion map is attached, illustrating the va Re lar Session,0ctober3,1977 509 rious portions proposed for R-2 and R-3 classifications. We have also attached a proposed or- dinance establishing those zoning elassi fications according to appropriate legal descriptions. The Commission has re viewed land use and transportation plans for the West Dubuque area, and has found that the proposed classill cations are appropriate. The Planning and Zoning Commission has recom- mended your approval of the reclassifi- cation ordinance. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Tully moved that the communication he received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, he amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying portions of the Dubuque Development, Inc. property from AG A gricultural District to R -Land R3 Residential District Classifications, presented and read. Councilman Tully moved that the reading just had he con. sidered the first reading of the Ordi- nance. Seconded by Councilman Preg- ler. ('arried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Councilman Tully 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- man Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Councilman Tully moved that a public hearing he held on the Ordinance on No- vemher 7, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub lish notice of the hearing in the manner required by law. Seconded by Council man Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. September 27,1977 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Dick An. thony requestingan R-211esidential Dis- trict classification on his property re- cently annexed to the City of Dubuque and located on the west side of Roosevelt Road northeast of Sisters of St.. Francis property. We have attached a location map and proposed ordinance setting forth the legal description of the subject property. The Commission has determined that the R-2 Residential District is consistent with zoning classifications in the Roose- velt Road area and will provide for the appropriate use of the Anthony prop- erty. The City of Dubuque Planning and Zoning Commission has unanimously ap- proved the establishment of t he R-2 Res- idential District and hereby recom- mends your approval of the attached or- dinance. City Planning and Zoning Commission Daniel Dieetemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, 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 the Anthony Property on Roosevelt Road from AG Agricultural District to R-2 Residential District Classification, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzherger. Nays -none. Councilman Tully moved that the rule requiring an Ordinance to he received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Pregler. Carried by the following vote: Peas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. 510 Regular Session, October 3.1977 Councilman Tully moved that a puhhi hearing he held on the Ordinance on No vember 7,1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall anc that the City Clerk he instructed to pub lish notice of the hearing in the manner required by law. Seconded by Council man Pregler. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. September 27.1977 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has held a public hearing on the establishment of a perma nent zoning classification on property recently annexed to the City of Dubuque, which is presently classified in the AG Agricultural District. The prop. erty is legally described as Lot 1 of 2 of 1 of 1 of 2 of 1 of Mineral Lot 244; Lot 2 of 2 of 1 of 1 of 2 of 1 of Mineral Lot 244; and Lot 1 of 18; and Lot 1 of 19 of Center Grove, all in the City of Dubuque, Iowa. The property contains 2.63 acres and is generally described as fronting the south side of U.S. Highway 20 (Dodge Street) between Cedar Cross Road and the Ramada Inn property. A location map is attached. Prior to its voluntary annexation, the subject property had been classified in a Commercial zoning district in Dubuque County. All other properties in the immediate vicinity, either incorporated or unincorporated, have also been classi- fied in Commercial or Light Industrial zoning districts. Existing land uses are consistent with these zoning classifies tions. Therefore, the City of Dubuque Planning and Zoning Comission has determined that the C-3 Arterial Busi ness District is an appropriate classifi. cation for the property. We have at- tached a proposed ordinance establish. ing this classification, with a recommen dation that it be adopted. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car rigid by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, be amended by revising Appendix A there of, also known as the "Zoning Ordinance and 7.oninizMap of the Citv of I►uhuyue. inwa". hp reclassifying the Tschiggfrie Horsefield Property on Dodge Street from AG Agricultural Dktrici toC 3 A tenal Business Ooi trict Classification, presented and read. Councilman Tully moved that the reading just had he con sidered the first reading of the Ordi nance. Seconded by Councilman Preg ler. Carried by the following vote: Yeas -Mayor Starkis, Councilmen Brady. Pregler,Tully. Wertzherger. Nays none. Councilman Tully 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 man Pregler. Carried by the following vote: Yeas Mavor Stackis. Councilmen Brady. Pregler. Tullv. Wertzberger. Nays none. Councilman Tully moved that a public hearing he held on the Ordinance on No vember 7. 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzherger. Nays -none. Petition of Dubuque Senior High School requesting permission toconduct a Homecoming Parade on October 14, 1977, presented and read. Councilman Wertzberger moved that the request he approved subject to coordination of the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays -none. Petition of Sacred Heart School et al requesting traffic signals al the intersec. tion of E. 22nd Street and Windsor A ve., presented and read. Councilman Wertz berger moved that. the petition be re- ceived and filed and referred to the City Manager and Traffic Department. Sec onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays none. Petition of Richard Fuerst et ux re questing vacation of a lot between Lot 155 in Hamm's Subdivision and Roose vett Street, presented and read. Coun. cilman Wertzberger moved that the pe lition be referred to the City Manager for investigation and report. Seconded by Councilman Pregler. Carried by the following vole: Regular Session,Oetober3,1977 Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of John W. Durcinni request. ing vacation and purchase of a vacated portion of Roosevelt Street abutting Lots 75 and 77, presented and read. Councilman Wertzberger moved that the petition he referred to the City Man- ager for investigation and report. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Delos A. Dorweiler re- questing that Kennedy Road he blocked off with harrels at 2105 Kennedy Rd. to stop unnecessary settling of his yard presented and read. Councilman Pregler moved that the petition be received and filed and referred to Council. Seconded by Mayor Stackis. Carried by the follow- ing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler. Nays, :ouncilmenTully, Wertzberger. Petition of Seventh Day Adventist re- questing permission to conduct their In - gathering program from October 5th to October 31st, presented and read. Coun. cilman Pregler moved that the request he approved subject to coordination of City Manager. Seconded by Mayor Stackis. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of William J. Baum request- ing refund of $75. on unexpired portion of Class "B" Beer Permit No. B-7412.76 discontinued business on September 26, 1977, presented and read. Councilman Pregler moved that the refund be grant- ed and City Auditor directed to issue proper warrant. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger, Nays -none. Petition of Church of the Nativity re- questing a refund of $225. on the unex Aired portion of Class "B" Beer Permit 23479 discontinued business on Septem- ber 12, 1977, presented and read. Coun- cilman Pregler moved that the refund be granted and City Auditor directed to is. sue proper warrant. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. Petition of Jim R. Jach & Robert My ers d/hla Dubuque Sports requesting a refund, in the amount of $150.. on unex pired portion of Class "B" Beer Permit SB -B-2297.77 discontinued business on September 20.1977, presented and read. Councilman Pregler moved that the re- fund he granted and City Auditordirect- ed to issue proper warrant. Seconded by Mayor Stackis. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of Women's Recreation Assn. Inc. requesting a refund of $225., on the unexpired portion of Class "B" Beer Permit No. B3409 & SB3409-77, dis- continued business on September 12, 1977, presented and read. Councilman Pregler moved that the refund be grant- ed and City Auditor directed to issue proper warrant. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt of proposals for construction and relocation of sanitary sewer and water mains for Five Flags Civic Center, presented and read. Councilman Wertz- berger moved that the proof of publica- tion he received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. September 28,1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10.00 a.m.. D.S.T., Monday, September 27,1977 for relocation of the sanitary sewer and wat- er main for the Five Flags. The lowest bids were entered by Tschiggfrie Excavating of Dubuque, Iowa. The bid for Alternate I was $61,080.77 which is 59% over the Engi- neer's Estimate. The bid for Alternate II Was $68.608.27 which is 58% over the Engineer's Estimate. I recommend that the Alternate I con. tract be awarded to Tschiggfrie Exca- cating Company. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved i hat the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays none. Abstain -Councilman Tully. 512 lar Session, October 3,1977 (Awarding Contract) RESOLUTION NO. 398-77 WHEREAS, sealed proposals have been submitted by contractors for the relocation of the sanitary sewer and water main for the Five Flags -Alternate I pursuant to Resolution No. 361 77 and notice to bidders published in a newspa per published in said City on September 9.1977: and WHEREAS, said sealed proposals were opened and read on September 27, 1977, and it has been determined that the bid of Tschiggfrie Excavating Com- pany in the amount of $61,080.77 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plansand specifica. tions. now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con. tract for the above mentioned improve- ment be awarded to Tschiggfrie Excav- ating Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 3rd day of October. 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzherger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Levy of Spe. cial Assessment and Intention of the Council to issue bonds to pay for con. struction of W. 32nd Street Sanitary Sewer from Carter Road westerly to J.F.K. Road, presented and read. Coun- cilman Pregler moved that the proof of Publication be received and filed. Ser onded by Councilman Wertzberger. Car ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. Statement of City Clerk certifying that notices of levy were mailed to prop. erty owners of record on September 22. 1977, subject to assessment of W. 32nd Street Sanitary Sewer, presented and read. Councilman Pregler moved that the Statement be received and filed. Ser onded by Councilman Wertzberger. Car ried by the following vote: Yeas-Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays -none. Communication of Thomas Steffen et ux objecting to assessment of 32nd Street Sewer because a portion of his land was taken, presented and read. Mayor Stackis moved that the objection he overruled and communication be re- ceived and filed. Seconded by Council. man Wertzberger. Carried by the fol lowing vote: Yeas Mayor Stackis. Councilmen Brady, Pregler,'ray, Wertzberger. Nays -none. SCHEDULE OF ASSESSMENT RESOLUTION Resolved by the City Council of f9ubuque, Iowa: That to pay for West 32nd Street Sanitary Sewer Extension (from Carter Road westerly toJ. F. Kennedy Road) by Tri-State Paving Co., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. SCHEDULEOF ASSESSMENTS West 32nd Street Sanitary Sewer f om Carter Rd. westerly to J.F.K. Owner, Lot, and Location City of Dubuque, Lot 1 1.1.1.2, Mineral Lot 38.5 Assessment City of Dubuque, Lot 1 1.2. Mineral Lot 382 255'23 *Herman & Agnes Stc:ines, Lot 1-11 Mineral Lot 382 885.34 50 Dale Edward & Marion Eliz. Hall, Lot 2, Mineral Lot 387 7,945.28 Dale Edward & Marion Eliz. Hall, Lot E. 50'.2-1, Mineral Lot 387 94x'28 Randy R. & Cynthia J. Laufenberg, Lot 2-2-2-1 except E. til)', a7'«.64 Mineral Lot 887 Arthur & Jeanette Hahlen, Lot 1.2-2.1 except E. 50', Mineral Lot 54826 387 Jean V. D. Hedrick, Lot 2.1-2-1 except E. 50', Mineral Lot 387 367.7« :36(3.3(1 Regular Session,Oetober3,1977 513 Carl P. & Amelia M. Dausener, Loi 1-1-21 except E.50% Mineral Lot 387 367.71 Carl 1'. & Amelia M. Dausener, Lot 1-12.1. Mineral Lot 387 2,081.98 Harold W. & Arlita F. Redmond, Lot 2 1 1 1. Mineral Lot 387 720,59 Rogi,r L. Arensdorf, Lot 1 2 1 1 1 1 1. Mineral Lot 387 1,102.95 Roger L. ArensdorL Lot 2 2 1 1 1 1 1, Mineral LM 387 141,79 William M. K utsch, Lot 2 1 1 1 1, Mineral Lot 387 1,284.73 Earl & Dorothy Gottschalk, Lot 1 1.1, Mineral Lot 389 804.43 Ronald L. & Shirley A. Waters, Lot 2-1.1, Mineral Lot 389 1,772,12 Herbert & Ruth Woller, Lot 2 1. Mineral Lot 389 1,756,24 John L. & Violet Srhubert, Lot 2.1 1, Mineral Lot 390 2,649.15 Cletus A. & Dorothy Finzel, Lot 2 1 1.1, Mineral Lot 390 & Lot 2 1, Mineral Lot 386 & Lot 2 of Mineral Lot 380 2,930.37 Carl & Christina Smith, Lot 2.1 2.1.1.1. Mineral Lot 390 & Lot 2-1, Mineral Lot 386 & Lot 2 of Mineral Lot 380 1.895.95 Donald & Idel G uler. Lot 2 1 1-2 1.1 1. Mineral Lot 390 & Lot2-1. Mineral Lot 386 & Lot 2 of Mineral Lot 380 1,616.43 Robert F. & Christine Schiessl, Lot 1 1.1-2.1.1-1, Mineral Lot 390 & Lot. 2 1, Mineral Lot 386 & Lot 2 of Mineral Lot 380 5,908.00 Francis M. & Frances C. Regenwether, Lot 11 -Block 1, Scenic Heights 1,379.92 Richard F. & Debra M. Hohnecker, Lot 10 -Block 1. Scenic Heights 1,121.86 Perly L. & Kathleen R. Reeg, Lot 9 -Block 1, Scenic Heights 992.54 Roger L. ArensdorL Lot 1.1 1 1 1.1, Mineral Lot 387 336.99 Clvde A. & Joann M. Boge. Lot 8 Block 1, Scenic Heights 947.45 Ruth C. Timmerman, Lot 7 Block 1, Scenic Heights 945.28 Blanchard J. & Beverly A. Kluesner, Lot 6 -Block 1. Scenic Heights 945.28 George P. & Carmelita M. Schmitt, Lot 5 -Block 1, Scenic Heights 945.28 Gust J. Cleopatra T. Mihal. Lot 4 -Block 1, Scenic Heights 945.28 Arthur & Joan Furlong, Lot 7 -Block 2, Scenic Heights 896.03 Patrick L. & Karen L. Dillon, Lot 8•Block 2, Scenic Heights 1.325.85 Verne & Eleanor Boyes, Lot 9 -Block 2, Scenic Heights 945.28 Cecil L. & Betty A. Moore, Lot 10 -Block 2. Scenic Heights 945.28 James J. & Joan M. Gruber, Lot I1•Block 2, Scenic Heights 945.28 Robert H. & Carol J. Richardson, Lot 12 -Block 2. Scenic Heights 921.65 Stewart E. & Marion M. McKinley, Lot 13 -Block 2, Scenic Heights 781.94 John R. & A nn K. Klaus, Lot I -Block 3, Scenic Heights 1,223.10 Martin Jr. & Eileen M. Arling, Lot 2 -Block 3, Scenic Heights 960.03 W illiam B. & Constance B. Misko, Lot 3 -Block 3, Scenic Heights 968.91 Hay F. & Dorothy J. Hall. Lot 4 -Block 3, Scenic Heights 898.02 Earl L. Jr. & Constance M. Rohr, Lot 5 -Block 3, Scenic Heights 8`58.88 Russell P. & Kaye E. Hammond, Lot 6 -Block 3, Scenic Heights 997i55 54 Leslie A. Kessler, Lot 7 Block 3, Scenic Heights 55 Harold J. & Rose Marie Noesges, Lot 3 -Block 1, Scenic Heights 945.28 945.28 James F. & Mary E. Link, Lot 2 -Block 1, Scenic Heights 931.10 Dennis K. & Karen Manhart, Lot 1 -Block 1, Scenic Heights 1,181.60 William L. & Norma J. Kraus, Lot 2 -7 -NE 14, Section 16 1,181.60 Walter & Virginia Jahnke, Lot 2-1.7-NE'l4, Section 16 Juanita Schlarman, Virginia Jahnke & Carol Nestaby und.'h int. each cont: John H. Kivlahan, Lot 1.1.7•NE'N, Section 16 1901.282 Steve Jr. & Imogene Dura, Lot 2-11, Brueck Sub. 1,004.64 Melvin A. & June E. Ward, Lot 2.2-1-11. Brueck Sub. 95908 Merlin J. & Marjorie Sweeney, Lot 1.1.11. Brueck Sub. 945.28 Thomas R. Steffen, Lot 10, Brueck Sub. 945.28 Leonard W. Thielen & Kathy Ann Rubel, Lot 9, Brueck Sub. 1,137.36 Ij Earl W. & Phyllis M, McClain, Lot 1, McClain Sub. 1,176.87 Earl W. & Phyllis M. McClain, Lot 11, McClain Sub. 1,248.81 Earl W. & Phyllis M. McClain. Lot 12, McClain Sub. 1,233.21 Earl W. & Phyllis M. McClain, Lot 19, McClain Sub, 2,244.00 Earl W. & Phyllis M. McClain. Lot 20, McClain Sub. 1-1.1.1.1-1.2.1-1, Highland Edmund 1'. & Lavern E. Maiers, Lot 15,566.31 Farm -2-11,710.96 Edmund P. & Lavern E. Maiers, Lot 21.1.1 1, Highland Form 514 Regular Session, October 3,1977 Edmund P. & Lavern E. Maiers, Lot 2.1.1.1.1-2.1.1, Highland Farm Edmund P. & Lavern E. Maiers, Lot 2.1 1 1 1-1 2.1.1, Highland Farm Wayne F. Maiers, Lot 2-1.2-1.1, Highland Farm Deficiencies to be paid by the City $Herman & Agnes Steines, Lot 1.1. Mineral Lot 382 All of which is assessed in proportion to special benefits conferred. 5.174 lin. ft. 10" vitrified tile pipe @$13.00 54 fin. ft 10" ductile iron pipe @$20.00 1.200 lin. ft. 8" vitrified the pipe ®$10.20 28 no. of 10" x 6" wye branches 0=25.00 15 no. of. 8" x 6" wye branches 0$15.00 231.7 lin. ft. Concrete manhole, hgt. in ft. of sidewall (4,$40.00 27 no. of Concrete manhole base. complete 0=100.00 27 no. of Manhole, complete ring & cover 0$115.00 2 no. of Drop manhole appurtenance @$200.00 1 no. of Manhole tap @ $50.00 40 sq. yd. Seeding ®$0.50 5,247.1 tons 34"Base Stone 0$5.10 1,061.66 tons I'/e" A.C. Binder course 0$19.85 1,017.84 tons 111z"A.C. Surface course 0$19.25 3,400 gals. Prime coat or tack coat 0$0.56 3,038.1 sq. yd. Seal coat - double application Co $0.98 1 Lump Extra work - A.C. patching 1 Lump Extra work - A.C. leveling 1 Lump Extra 8" C.M. pipe installed 1 Lump Reconstruction Brueek intersection Construction Cost Engineering & Inspection 5% - 52 days Easement Cost Project Cost Assessable City Share Deficiencies City Owned Lots Total City Share Passed, adopted, and approved this 3rd day of October, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 94.5.28 1,720.03 1,654.24 2.947.20 105.604.54 $67,262.00 1.080.00 12,240.00 700.00 225.00 9,268.00 2,700.00 3.105.00 400.00 -%.00 20.00 26,760.21 21,073.95 19,593.42 1,904.00 2,977.34 2,242.75 2.905.38 221.40 171.86 $174,900.31 9.361.44 762.70 1,135.26 $186.159.71 105,604.54 $80,555.17 2,947.20 940.57 $84,442.94 ATTEST: Leo r Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. RESOLUTION NO. 400-77 Resolution Providing for the Issuance Of Sewer Bonds for the Purpose of Providing for the payment of the As. sessed Cost of: West 32nd Street Sanitary Sewer from Carter Road wes. terly to J. F. Kennedy Road Whereas the contract heretofore en- tered into by the City of Dubuque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the comple- tion thereof to the City Council, and the City Council has ascertained the cost thereof and has determined that $105.604.54 of the cost thereof shall he assessed against the property subject to assessment therefor: and Whereas public notice, as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose Regular Session, Oetober8,1977 515 of providing for the payment of the as - sensed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the payment of the assessed cost of: West 32nd Street Sanitary Sewer from Carter Road wes- terly to J. F. Kennedy Road there may be issued Sewer bonds in the amount of 1100,000,00 in anticipation of the defer- red payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds: and shall bear the date of Octo- ber 1. 1977: and shall be numbered con- secutively: and they shall be numbered, divided into series, and he in such de- nominations and for such maturity dates as are shown in the following table: SeriesSond Denom. Maturity No. No. 1 1-10 $1,000.00 12-1.78 2 11.20 $1,000.00 12.1-79 3 21.30 $1,000.00 12-1.80 4 31.40 $1,000.110 12.1-81 5 41.50 $1,01)().1)() 12-1.82 6 51-60 $1,000.00 121.83 7 61.70 11,000.00 12.1.84 8 71-80 $1.000.00 12-1.85 9 81-90 $1,000.00 12.1.86 10 91100 $1.000.00 12.1-87 3. Said bonds shall bear interest at a rat, not to exceed seven per cent (7%1 per annum, payable annually in accord- ance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assess- ment funds. 5. Said bonds shall provide that they may he payable at any time prior to the maturity date stated therein at the op tion of the City of Dubuque and shall he in substantially the following form: No. Series Nn. CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of dollars with interest, thereon at the rate of per cent per annum, payable annually, on the presentation and surrender of the interest coupons hereto attached. lioth principal and in- terest of this bond are payable at the of fice of the City Treasurer in the City of Dubuilm-, in the Stale of Iowa. This bond ps oo ued by the City of Dubuque under and by virtue of Chapter 384 of the 1976 Code of Iowa, as amended, and the Resolution of said City duly passed on the aid day of October, 1977, being Resolution No. 400.77. This Bond is one of a series of 100 bonds, ail for $1,000.00 numbered from 1 through 100, all of like tenor and date, and issued for the purpose of: financing the deferred portion of the assessed coat of the construction of the West 32nd Street Sanitary Sewer from Carter Road westerly to J.F. Kennedy Read, as described in said Resolution, in said Ci. ty, which cost is payable by the abutting and adjacent property along said lin- provements and is made by law a lien on all of said property. It is payable only out of the Sewer Assessment Fund 1311 cre- ated by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things re- quired to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the as- sessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caus- ed this bond to he signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto af- fixed, this 3rd day of October, 1977. (SEAL) Mayor City Clerk (Form of Coupon) On the day of , the City of Dubu- que, Iowa, promises to pay to the bear- er, as provided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being months' interest due that date on its Bond No. dated - Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared and to execute said bonds and that the City Treasurer be and he is hereby instructed to register said bonds in it book kept for that purpose. 516 Regular Session, October 3,1977 7. That the City Treasurer is hereh� instructed to sell said bonds in the man ner provided by law, the proceeds o said sale to he placed in a special fund tc he known as Fund 1311 and paid out h) him the cost of said contract. 8. That the interest coupons attached to the bonds he signed with the facsi mile signature of the Mayor and coup tersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, begin ning with the second year after the pay- ment of interest due, these bonds shall be called and retired in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular U.S. Mail addressed to the last known ad dress of the purchaser. Passed, adopted, and approved this 3rd day of October, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council man Wertzberger. Carried by the fol. lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc. tion of a 12" Water line on Fremont Ave. and 16" water line on Cedar Cross Road, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Sec. onded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. (Necessity for Improvement) RESOLUTION NO. 388-77 WHEREAS, proposed plans, speci. fications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (D The plan of such improvement (2) An estimate of the cost of the im- provement for the installation of a 12" water line on Fremont Avenue and a 16" water line on Cedar Cross Road. HE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu tion have on file with the City Clerk, ob- jections to the amount of the cost of the improvement. they shall he deemed to have waived all objections thereto. Said improvement shall he construct. ed and done in accordance with the plans and specifications which have been approved by the City Council are now on file with the Citv Clerk. That the cost and expense of making said im provement will he paid from Water De partment's Improvement Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of September, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of October, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved final adoption of the Resolution, sec onded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzherger. Nays -none. Decision of Council upon objec tions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 401-77 WHEREAS, proposed plans and spe cifications and form of contract for the installation of a 12" water line on Fre: mont Avenue and a 16" water line on Cedar Cross Road have been approved by the City Council of the City of Du buque and public notice given as provid ed by Section 384 of the Code of Iowa, 1977, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 3rd day of October,1977; and WHEREAS, the City Council met in regular session this 3rd day of October, 1477, at 7:30 oMock P.M. at the Council Chamber~ in the City Hall for the pur Regular Session, October 3,1977 517 pose of hearing all interested parties and considering any and all ohiections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein describ- ed and proposed to he made; and WHEREAS, all interested parties have been given an opportunity to he heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob- jections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to I- made, he and the same hereby overru- led and such plans, specifications and form of contract heretofore approved are hereby adopted. RE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improve. ment be made a matter of permanent record in connection with said improve- ment. Passed, adopted, and approved this 3rd day of October,1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler,Tully, Wertzberger. Navy none. (Ordering Construction) RESOLUTION NO. 402-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE. that pursuant to a Resolution of Necessity No. 3R8-77 which was duly passed by this Council for the installa- tion of a 12" water line on Fremont Avenue and a 16" water line on Cedar Cross Road be and the same are hereby ordered and constructed by this Council upon its own motion and with or with. out the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE 1T FURTHER RESOLVED that the cost and expense of the said im provement he paid from the Water Works Improvement Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its pas- sage and adoption by the City Council. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler,Tully, Wertzberger. Nays none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Resolution of Necessity for the Replacement of Windows in City Hall, presented and read. Councilman Preg- ler moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis. Councilmen Preg- ler, Wertzberger. Nays -Councilman Brady. Abstain -Councilman Tully. (Necessity for Improvement) RESOLUTION NO.377•TT WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1)The plan of such improvement. (21 An estimate of the cost of the im. provement for the replacement of windows in City Hall, 13th & Central Avenue, Dubuque, Iowa BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, ob- jections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the 518 lar Session, October 3,1977 plans and specifications which have been approved by the City Council ary now on file with the City Clerk. Thai the cost and expense of making said im provement will be paid from the Loca Public Works Fund 51. The above resolution was introduced approved and ordered placed on file with the Citv Clerk this 19th day of September, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally, passed and adopted, as proposed. by the City Council this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: I.eo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Preg. ler, Wertzberger. Nays -Councilman Brady. Abstain -Councilman Tully. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 403-77 WHEREAS, proposed plans and spe- cifications and form of contract for the Replacement of windows in City Hall, 13th & Central Avenue, Dubuque, Iowa have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plana, specifications or con tract for or cost of such improvements, said time being this 3rd day of October, 1977; and WHEREAS, the City Council met in regular session this 3rd day of October, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun cil of the City of Dubuque, that all objec tions which have been made and filed to the plans. specifications, contract for or cost of said improvement herein describ- ed and proposed to he made, he and the same hereby overruled and such plans, specifications and form of contract here. tofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement he made a mat ter of permanent record in connect ion wit h said improvement. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council. man Wertzberger. Carried by the follow, wing vote: Yeas -Mayor Stackis, Councilmen Preg ler, Wertzberger. Nays -Councilman Brady. Abstain -Councilman Tull s (Ordering Construction) RESOLUTION NO. 404-77P BE 11' RESOLVED By THE CITY COUNCIL, OF THE CITY OF DUBLf- QUE THAT pursuant to a Resolution of Necessity No. 377-77 which was duly passed by this Council for the Replace• ment of windows in City Hall, 13th & Central Avenue, Dubuque, Iowa he and the same are hereby ordered and con. structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im provement be paid from the Local Public Works Fund 51. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall he in force and effect from and after its pas sage and adoption by the City Council. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen Session, October 3,1977 ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol lowing vote: Yeas -Mayor Stackis, Councilmen Preg- ler, Wertzberger. Nays -Councilman Brady. Abstain Councilman Tully. Proof of Publication certified to by the Publisher, of Notice of Public Hear- ing on Resolution of Necessity for con- struction of Seventeenth Street Storm Sewer, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Sec- onded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. A bstain-Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 380-77 WHEREAS, proposed plans, specifi. cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im provement for the construction of the Seventeenth Street Storm Sewer. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necesary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Local Public Works Fund 51. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of September, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally -passed and adopted, as proposed, by the City Council this 3rd day of Oc tuber, 1977. 519 Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved fi- nal adoption of the Resolution. Second- ed by Mayor Stackis. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. Decision of Council upon objec- t ions bjec-tions to plans, specifications, form of contract and cost of Improvements. RESOLUTION NO. 405-77 WHEREAS, proposed plans and spe- cifications and form of contract for the construction of the Seventeenth Street Storm Sewer have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of the Code of Iowa, 1977. pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 3rd day of October, 1977; and WHEREAS, the City Council met in regular session this 3rd day of October, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein describ- ed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob- jections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overrul- ed and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improve. 520 Session, October 3,1977 ment be made a matter of permanem record in connection with said improve ment. Passed, adopted. and approved thi! 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. (Ordering Construction) RESOLUTION NO. 406-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE THAT pursuant to a Resolution of Necessity No. 380-77 which was duly passed by this Council for the construe. tion of the Seventeenth Street Storm Sewer be and the same are hereby ordered and constructed by this Council upon its own motion and with or with. out the petition of property owners. All the work shall be constructed in accord. ance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from the Local Works Fund 51. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its Passage and adoption by the City Coun cil. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for reconstruct. tion of Flora Park Tennis Courts, pre sented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz. herger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays -none. Abstain -Councilman Tullv. (Necessity for Improvement) RESOLUTION NO. 374-77 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque. Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im provement. for the reconstruction of the Flora Park Tennis Courts. BE IT THEREFORE RESOLVED that the City Council on its own motion. deems it advisable and neeesary for the public welfare to make the herein men tinned improvement, and unless proper ty owners at the time of the final consid eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve. ment, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Local Public Works Fund 51. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of September, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of Oc- tober,1977. Passed, adopted, and approved this 3rd day of October. 1977, Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk