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Y Roll_37 Part 2Special Session, June 21, 1976 291 Published officially in the da Telegraph June, Herold Newspapery 1976. Leo F. Frommelt City Clerk It 6124 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None, Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing, to amend Zoning Ordinance No. 32.75 to provide a change in fee struc- ture for reclassification of property, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the timeset for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays— N,mr ORDINANCE NO, 23-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32.75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY REPEALING SUBSECTION 5 (a) AND 5 (c) OF SECTION 10-101 OF ARTICLE X THEREOF AND ENACTING NEW SUB- SECTIONS 5 (a) AND 5 (c) OF SEC- TION 10-101 OF ARTICLE X IN LIEU THEREOF TO PROVIDE A CHANGE IN FEE STRUCTURE FOR RECLAS- SIFICATION OF PROPERTY, said Ordinance having been previously presented and read at the Council Meeting of MaY 24, 1976, presented for final adoption. Councilman Stackis moved that the rule requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger Nays — None ORDINANCE NO. 23.76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE ''ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY REPEALING SUBSECTIONS 5 (a) AND 5 (c) OF SECTION 10-101 OF ARTICLE X THEREOF AND ENACTING NEW SUBSECTIONS 5(a) AND 5(c) OF SEC- TION 10-101 OF ARTICLE X IN LIEU THEREOF TO PROVIDE A CHANGE IN FEE STRUCTURE FOR RECLASSIFICA- TION OF PROPERTY. NOW THER- EFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That Ordinance No. 32.75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by repealing subsections 5 (a) and 5 (c) of Section 14101 of Article X thereof and enacting new subsections 5(a) and 5(c) of Section 14101 of Arti. cle X in lieu thereof as follows: ARTICLE X SCHEDULE OF FEES Section 10-101 Schecute of Fees 5. Requests for Reclassification of property: a. Requests to reclassify property located in the AG Agirculturul District No fee for application, only direct costs incurred in hearing and notice requirements. c. All other substantial reclassifica- tion requests as defined in Section R-103.3 $50.00 plus $10.00 for each acre or portion thereof not to exceed $100.00, plus direct costs incurred in hearing and notice requirements." Section 2. That the foregoing amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June, 1976. Leo F. Frommelt City Clerk It 6.24 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- 292 Special Session, June 21, 1976 ing to amend Zoning Ordinance No. 32-75 so as to reclassify three parcels of property lying in S% of M. L. 453 of northwest intersection of Bonson & Asbury Road, presented and read. No written objections were filed and no oral (,bjectors 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 Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 24-76 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 THREE PARCELS OF HEREINAFTER DESCRIBED PROP- ERTY LYING IN THE SOUTH Ya OF MINERAL LOT 453 IN THE CITY OF DUBUQUE, IOWA, AT THE NORTH- WEST INTERSECTION OF BONSON ROAD AND ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO THE R-1, R-2, AND R-3 RESIDENTIAL DIS- TRICT CLASSIFICATIONS, said Ordinance having been previously presented and read at the Council Meeting of May 24, 1976, presented for final adoption. Councilman Stackis moved that the rule requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 24-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY THREE PARCELS OF HEREINAFTER DESCRIBED PROPER- TY LYING IN THE SOUTH '/. OF MIN- ERAL LOT 453 IN THE CITY OF DUBUQUE, IOWA, AT THE NORTH- WEST INTERSECTION OF SONSON ROAD AND ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO THE R-1, R-2, AND R-3 RESIDENTIAL DIS- TRICT CLASSIFICATIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. i uit Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by Changing from -AG Agricultural District" classification, to "R-1 Residential District" classification, the following described real estate, to wit: Commencing, as the point of begin- ning, at the northwest corner of the South Half of said Mineral Lot 453; thence South 88 degrees 09' 30" East 810 feet, more or less, on the north line of the South Half of said Mineral Lot 453 to a point; thence South 03 degrees to 13'40" West 570 feet, more or less to a point; thence South 79 degrees East 470 feet, more or less to a point; thence South four degrees 54' 10" West 40 feet, more or less, to a point; thence South 3 degrees 13' 40" West 825 feet, more or less to a point on the northerly right-of-way line of the public highway; thence northwes- terly 670 feet, more or less, on the northerly right-of-way line of the public highway to a point; thence North 3 degrees 13' 40" West 480 feet, more or less, to a point, thence North 86 degrees 46' 20" West 562 feet, more or less, to the west line of the South Half of Said Mineral Lot 453; thence North 0 degrees 14'40" East 920 feet, more or less, to the point of beginning, in the City of Dubuque, Iowa, and containing 27.5 acres, more or less. Section 2. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "AG Agricultural District" classification to "R-2 Residential District" classification the following described real estate to wit: Commencing, as a point of reference, ut the northwest corner of the South Huff of said Mineral Lot 453; thence South 88 degrees 09' 30" East 810 feet, more or less, on the north line of the South Half of said Mineral Lot 453 to the point of beginning of the tract of land herein described: thence continuing South 88 degrees 09' 30" East 482 feet, more or less to u point; thence South 4 degrees 54' 10" West 648 feet, more or less to u point; thence North 79 degrees West 470 feet, more or less to a point; thence North 3 degrees 13' 40" Fast 570 Special Session, June 21, 1976 293 feet, more or less, to the point of beginning, in the City of Dubuque. Iowa, and containing 7 acres more or less. Section 3. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "AG Agricultural District" classfication to "R-3 Residential District" classification the following described real estate, to wit: Commencing, as the point of beginning, at the southwest corner of said Mineral Lot 453; thence North 0 degrees 14'40" East 400 feet, more or less, on the west line of said Mineral Lot 453 to a point; thence South 86 degrees 46' 20" East 562 feet, more or less, to a point; thence South 3 degrees 13' 40" West 480 feet, more or less, to the northerly right-of-way line of the public highway; thence North 83 degrees 26'40" West 537 feet, morn or less, to the west line of Lot 2 of Lot 1 of the West Half of the Northeast Quarter of said Section 21; thence North 0degrees 14'40" East 40 feet, more or less, to the point of begin- ning, in the City of Dubuque, Iowa, containing 5.5 acres, more or less. Suction 4. That the foregoing amend- ments have heretofore been approvwd by the Planning and -Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 21st day of June, 1976 Alvin E. Lundh Muyor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stuckis Councilmen ATTEST: Leo F. Frammelt City Clerk Published officially in the Telegraph Herald Newspuper this 24th day of June, 1976. Leo F. Frommelt 1 t. 6-24 City Clerk Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing so as to zone and classify territory recently annexed in Henschel's Black Forest in an R-2 Residential District, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 25-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, IN HENSCHEL'S "BLACK FOREST" IN AN R-2 DIS- TRICT, WHICH REAL ESTATE IS HER- EINAFTER DESCRIBED, said Ordinance having been previously presented and read at the Council Meeting of May 24, 1976, presented for final adoption. Councilman Stackis moved that the rule requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 25-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA IN HENSCHEL'S "BLACK FOREST" IN AN R-2 DIS- TRICT, WHICH REALESTATE IS HER- EINAFTER DESCRIBED, WHEREAS, the real estute herein- after described was recently annexed to, and became part of the City of Dubuque, Iowa, by Resolution No. 175-76 of the City Council, passed, ap- proved and adopted at its meeting of May 24, 1976. WHEREAS, the Plunning and Zoning 294 Special Session, June 21, 1976 Commission of the City of Dubuque Iowa, has approved and recommended that said territory recently annexed and her..-inafter described he zoned and classified as an "R-2 Residential District" NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by zoning and classifying recently annexed territory hereinafter described, as an "R-2 Residential District", to wit: "Lot 2 of Henschel's "Black Fo- rest", In Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof and consisting of 0.06 acres more or less." Section 2. That said territory be and the same shall be in and become part of the Thirteenth Voting Precinct of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 25th day of June, 1976. Leo F. Frommelt City Clerk I1 6i25 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of City Manager submitting an Ordinance creating the office of Public Works, presented and read. Councilman Stackis moved that the communication be tabled to the Council Meeting of July 6, 1976. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully Wertzberger. Nays — None. AN ORDINANCE creating the office of Director of Public Works, Providing the qualifications of said Office and the appointment of a Director of Public Works, presented and read. Councilman Stackis moved that the Ordinance be tabled to the Council Meeting of July 6, 1976. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 26-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 112 TO SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON BOTH SIDES OF SECOND STREET FROM BLUFF STREET TO THE ALLEY, EAST, presented and read. Councilman Stack - is moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 26-76 AN ORDINANCE AMENDING ORDIN. ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 112 TO SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON BOTH SIDES OF SECOND STREET FROM BLUFF STREET TO THE ALLEY, EAST, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3349 known as the "Traffic Code of Special Session, June 21, 1976 295 Dubuque Iowa", as amended, he and the same is hereby amended by enacting a new Subsection 112 to Schedule VI thereof as follows: "Schedule VI. 112. Both sides of 2nd Street from Bluff St. to the alley, east." Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June, 1976. Leo F. Frommelt City Clerk It 6.24 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 27-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 10 TO SECTION E SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND VEHICLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BLUFF STREET AND WEST 12th STREET, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. Councilman 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. ORDINANCE NO. 27-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 10 TO SECTION E SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND VEHICLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BLUFF STREET AND WEST 12th STREET, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, be and the some is hereby amended by adding a new Sub- section 10 to Section E of Schedule III thereof as follows: "Schedule 111. E. East Bound vehicles must stop before entering the intersection of: 10. Bluff Street and West 12th Street." Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June 1976. Leo F. Frommelt City Clerk It 6-24 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. ORDINANCE NO. 28-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 66-70 BY ADDING A NEW SECTION 20 THERETO TO PROVIDE THAT THE PROCEEDS FROM FEES CHARGED SHALL FIRST BE USED TO PAY DISPOSAL FEES TO DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. 296 Session, June 21, 1976 Nays — None. Councilman 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 Councilman Brady. Carred by the fol- lowing vote' Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. ORDINANCE NO. 26-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 66-70 BY ADDING A NEW SECTION 20 THERETO TO PROVIDE THAT THE PROCEEDS FROM FEES CHARGED SHALL FIRST BE USED TO PAY DISPOSAL FEES TO DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 66-70 be and the same is hereby amended by adding a new Section 20 thereto, as follows: "Section 20. The proceeds from the fees charged shall be used first of all to pay the disposal fees to Dubuque Metropolitan Area Solid Waste Agency which .are payable by the City of Dubuque. Iowa to said Agency pursuant to and in accor- dance with one certain Service Agreement entered into by and between Dubuque Metropolitan Area Solid Waste Agency and the City of Dubuque, Iowa, dated the 19th day of April, 1976." Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Richard Wertzberger Councilmen ATTEST: Leo F. Frornmelt City Clerk Published officially in the Telegraph Nennld Newspaper this 23rd day of June, 1976 Leo F. Frommelt City Clerk I t 6-23 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Richard Schiltz requesting permission to install street lights in Keystone Drive, presented and read. Councilman Wertzberger moved that the petition be received and filed and request approved. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Tom Auge et al (23 signers) requesting Council to take the neces- sary steps to improve the water pressure in Fulton St., King St., Greeley St. & Monroe St. area, presented and read. Tom Auge addressed the Council relative to the petition. Councilman Tully moved that the petition be referred to the City Manager and the Water Superintendent. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays —None. Petition of Northwestern Bell Tele. phone Co. requesting permission to ex- cavate at 22nd & Central to place buried telephone cables, presented and read. Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Alice B. Weber requesting a refund of $75.00, on the unexpired portion of Beer Permit for Emma Scherer, presented and read. Council- man Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque County Repub. lican Central Committee requesting permission to sell non-alcoholic bever- ages in the Town Clock area during the Bi -Centennial Activities from 1 A.M. 5:30 P.M. on June 26, 1976, presented and read. Councilman Tully moved that the request be approved subject to coordination of the Manager. Seconded the fol - by Mayor Lundh. Carried by lowing vote: Yeas — Mayor Lundh, Councilmen Stackis,'Cully. Nays — Councilman Brady. Special Session, June 21, 1976 297 Abstain — Councilman Wertzberger. Petition of Powers Land Co. request- ing permission to install six street lights in Asbury Springs Sub. st2, present- ed and read. Councilman Stackis moved that the petition be received and filed and request be approved. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Mrs. Louis Brown et al (16 signatures) requesting the installation of a street light between Needham and Prospect Streets, presented and read. Councilman Tully moved that the peti- tion be received and filed and request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of General Revenue Sharing Planned Use Report in anticipation of a revenue sharing payment of $465,925., 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 Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing for Amendment of Current City Budget to cover additional expenses for CETA and Five Flags Operation, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas— Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 218-76 A Resolution amending the current Budget for the Fiscal Year ending June 30, 1976 (as amended last on Sep- tember,1975.) BE IT RESOLVED by. the Council of the City of Dubuque, Iowa: Section 1. Following notice published June Itl, 1976, and the public hearing held June 21, 1976, the current budget (as previously amended) is amended as set out herein: Section 2. The cash balances and revenues estimates are amended as follows: General Fund, new total revenue es. timate, $5,306,455. Section 3. The following changes (transfers of appropriations between programs, and increases in total appro- priations) are hereby authorized: Human Development Program, Change Appropriation from $1,733,200 to $1,842,481. Passed this 21st day of June, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk I hereby certify the above transac- tions to be a true copy of the proceed- ings of the city council and the resolu- tions passed in the above matter, June 21, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Time and Place of Hearing to dispose of City owned Real Estate to Dubuque Met- ropolitan Area Solid Waste Agency Board, presented and read. No written objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 219-76 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on June 10, 1976, the City Council of the City of Dubuque, Iowa met on the 21st day of June, 1976 at 7:30 o'clock P.M. (C.D.T) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of in- 298 Special Session, June 21, 1976 teres[ of the City of Dubuque, Iowa in and to real estate, hereinafter described, which it had acquired for solid waste landfill purposes to Dubuque Met- ropolitan Area Solid Waste Agency; and WHEREAS. the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herein- after described real estate to Dubuque Metropolitan Area Solid Waste Agency; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Smillon 1. That the disposal of inter- est of the City of Dubuque, Iowa of its interest in and to: E 7h of the SEI/4 of NEI/4; and the NEI/4 of the SEI/4 of Section 1, Township 88 North, Range I East of the 5th P.M. in Vernon Township; and the NE'/. of NW'/4; Lot 1 of SEI/4 of NWyi, NW'/. of NWI/4; and SWI/4 of NW'/. of Section 6, Township 88 North, Range 2 East of the 5th P.M. in Table Mound Township all in Dubuque County, Iowa to Dubuque Metropolitan Area Solid Waste Agency for the total sum of 11309,919.83 be and the same is hereby approved, that an abstract of title will be furnished, the costs of publication will be paid by the City of Dubuque, Iowa and conveyance will be Quit Claim Deed. SecUon 2. That the Mayor and the City Clerk be and they are hereby au- thorized to execute said deed of con- veyance and the City Clerk be and he is hereby directed and authorized to deliver said deed of conveyance of the above described real estate to the here. inabove mentioned grantee upon receipt of the purchase price. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of June, 1976, Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council. man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Finding on the Environmental Projects to be un- dertaken under Title 1 of Housing and Community Development Act, present- ed and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 10, 1976 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque San Jose Pool Parking Lot and sidewalk has been completed in accor- dance with the City of Dubuque Plans and Specifications. 1, therefore, recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. FINAL ESTIMATE RESOLUTION NO. 220-76 WHEREAS, the contract for the San Jose Pool Parking Lot has been com- pleted and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque. That the cost of said improvement is hereby determined to be $21,510.62. That none of the cost thereof shall be assessable upon private property and $21,510.62 shall be paid from the Com- munity Development Fund of the City of Dubuque. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Special Session, June 21, 1976 299 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (A Resolution Accepting Improvement) RESOLUTION NO. 221-76 WHEREAS, the contract for the San Jose Pool Parking Lot and Sidewalk has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Community Development Fund in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 21 st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. To the Honorable Mayor June 11, 1976 and City Council This is to advise you that the South Dubuque Interceptor Sanitary Sewer has been substantially completed in accordance with plans and specifica- tions by Tschiggfrie Excavating of Dubuque, Iowa, Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. FINAL ESTIMATE RESOLUTION NO. 222-76 WHEREAS, the contract for the con- struction of South Dubuque Interceptor Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $266,779.86. That none of the cost thereof shall be assessable upon private property and $266,779.86 shall be paid from the Sani- tation Fund of the City of Dubuque. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (A Resolution Accepting Improvement) RESOLUTION NO. 223-76 WHEREAS. The contract for the construction of South Dubuque Inter- ceptor Sanitary Sewer has been com- pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Fund for the above de- 300 Session, June 21, 1976 scribed improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the publisher, of Notice to Contractors of the Receipt of Proposals for Demoli- tion and Removal of the Naval Reserve Buildings and Garage, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 16, 1976 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 a.m., Wednesday, June 16, 1976 for the demolition and removal of the Naval Reserve Buildings and garage. The lowest bid entered was entered by Phil- lip Mihalakis, 1575 Maple Street, Dubuque, Iowa. Their bid was 78% under the estimate. 1 recommend that the contract for the improvement be awarded to Phillip Mihalakis. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Awarding Contract) RESOLUTION NO. 224-76 WHEREAS, sealed proposals have been submitted by contractors for the Demolition and removal of the Naval Reserve Buildings and garage on Volunteer Drive. pursuant to Resolu. tion No. 187-76 and notice to bidders published in a newspaper published in said City on May 28, 1976 and June 4, 1976: and WHEREAS, said sealed proposals were opened and read on .lune 16, 1976, and it has been determined that the bid of Phillip Mihalakis of Dubuque, Iowa in the amount of $2,450.(x) was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Phillip Mihalakis and the Manager be and he is hereby directed to execute a contract 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, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor "Thomas A. Tully .Ir. Richard Wertzberger James E. Brady Emil Stackis Councilmen A"TTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for Con- struction of Glenwood Court Storm Sewer, presented and read. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 16, 1976 To the Honorable Mayor and City Council Pursuant to your instructions, waled proposals were received until 10:00 a.m., Special Session, June 21, 1976 C.D.T., Wednesday June 16, 1976 for the Glenwood Court Storm Sewer. The low bid was submitted by Tschiggfrie Excavating Company of Dubuque, Iowa, with a bid of 513,036.28. This bid is 1.23% over the Engineer's Estimate. 1 recommend that the contract for the storm sewer be awarded to Tschiggfrie Excavating Company of Dubuque. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Awarding Contract) RESOLUTION NO. 225-76 WHEREAS, sealed proposals have been submitted by contractors for the Glenwood Court Storm Sewer pursuant to Resolution No. 190-76 and notice to bidders published in a newspaper pub- lished in said City on May 28, 1976 and June 4, 1976; and WHEREAS, said sealed proposals were opened and read on June 16, 1976 and it has been determined that the bid of Tschiggfrie Excavating Company of Dubuque, IA in the amount of $13,036.28 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 therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im. provement be awarded to Tschiggfrie Excavating Company and the Manager be and he is hereby directed to execute a contract 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 and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis ATTEST: Councilmen Leo F. Frommelt City Clerk 301 Councilman Tully moved adoption of the resolution. Seconded by Council. man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 226-76 Authorising the execution of a Community Devolopmant Block Grant Agreement with the U.S. De"Mwd of Mousing and UAlan DwNopmenf WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, the City of Dubuque prepared and submitted an application for a Community Develop- ment Block Grant; and WHEREAS, the application has been approved for the City of Dubuque in the amount of =536,000 for a twelve month program period beginning July 1, 1976; and WHEREAS, a grant agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tend- ered the City of Dubuque; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development on June 9, 1976, for Dubuque's second year Community Development Block Grant Program is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Com- munity Development Block Grant Pro- gram agreement identified as Grant Agreement B -76 -MC -19-0004 for sub- mission to the U.S. Department of Community Development. Passed, approved and adopted this 21st day of June, 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. 302 Special Session, June 21, 1976 RESOLUTION NO. 227-76 Fixing the data of the Public Hear- ing for Neighborhood Inr- provernant Plans for certain Conr- mtmlty Development Project Areas WHEREAS, pursuant to Chapter 403 of the Code of Iowa, as amended, Neighborhood Improvement Plans have been prepared for certain Community Development Project areas; and WHEREAS, Section 403.5 of Code of Iowa, as amended provides that the Local Governing Body shall hold a pub- lic hearing on a Community Develop- ment Project (urban renewal project) prior to the approval of such a project; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk is hereby authorized and directed to pub- lish 3 Notice of Hearing in the form of Exhibit "A" attached hereto and made a part hereof for the following identified Community Development Projects. Washington Street Neighborhood Fourth Street Neighborhood Eleventh Street Neighborhood North Dubuque Neighborhood (Area 2A) Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" NOTICE OF HEARING Proposed Community Development Projects. Notice is hereby given in accordance with Section 403.5 of the Code of Iowa, as amended, that a public hearing will be conducted by the City of Dubuque on the following proposed Community Development Projects. Washington Street Neighborhood Fourth Street Neighborhood Eleventh Street Neighborhood North Dubuque Neighborhood (Area 2A) The public hearing will be held in City Council Chambers, City Hall, 13th and Central Avenue, Dubuque, Iowa at 7:30 PM on the 6th day of July 1976. All property owners shall take notict that the above identified projects in elude the areas bounded as follows Washington Street Neighborhood Beginning at corner of 11th Street and Central Avenue, then east to Elm Street, then north to 14th Street, then east to Sycamore Street, then north to 16th Street, then west to Elm Street, then north to 20th Street, then west to Cen- tral Avenue, then south to 11th Street. Fourth Street Neighborhood Beginning at corner of Dodge and Bluff Streets, then east to Iowa Street, then north to First Street, then west to the alley lying between Main and Iowa Streets, then north to Fourth Street, then west to Locust Street, then north to Ninth Street, then west to Prospect Street as extended, then south to Dodge and Bluff Streets. Eleventh Street Neighborhood Beginning at corner of Bluff and Ninth Streets, then north of 14th Street, then west to Alta Vista Street, then south to University Avenue, then east to Bluff Street. North Dubuque Neighborhood (Area 2A) Beginning at corner of 20th Street -and Central Avenue, then east to Elm Street, then north to 22nd Street, then east to Pinard Street as extended, then north to 27th Street, then west to Central Ave. nue, then south to Diagonal Street, then west to Broadway Street, then south to 24th Street, then east to Central Ave. nue, then south to 23rd Street, then west to North Main Street, then south to 22nd Street, then east to Central Ave. nue, then south to 20th Street. The purpose of this public hearing is to consider a proposal for the undertak- ing by the City of Dubuque, Iowa, of Community Development Projects under Chapter 403 of the Code of Iowa, as amended, with Community Develop- ment Block Grant funds and other fi- nancial assistance as available, to carry out plans for a program of rehabilitation and emergency repair of buildings. together with the provision of physical public improvements and limited cs p' sition which may be necessary a port rehabilitation activities. Any person or organization desicing to be heard will be given an opportunity to be heard at such meeting. Materials are available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa, and at the office of the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa, between 8:00 AM and 5:00 PM, Special Session, June 21, 1976 303 except Saturdays. Sundays and holidays. 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 228-76 Authorizing Submisslon of a Re- quest for Release of Funds for certain Community Development Block Grant Projects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on March 4, 1976 and completed an Envi- ronmental Assessment of a proposal (project) to purchase cleared land in the Downtown Urban Renewal Project, Iowa R-15, with Community Develop. ment Block Grant funds: and WHEREAS, pursuant to Resolution No. 72-76 adopted March 8, 1976, Public Notice of a "Finding of no significant effect on the environment" for the Proposal (project) was published March 9, 1976, in the Dubuque Telegraph Her. ald, a newspaper of general circulation, and provided for a public comment per. iod until 12:00 Noon, Wednesday, March 31, 1976; and WHEREAS, the City of Dubuque also convened an ad hoc committee on May 19, 1976, and completed an Environ. mental Assessment of the following identified proposals (projects). Avon Park Acquisition and Development Removal of architectural barriers which impede the mobility of the elderly and handicapped in the downtown area Restoration and Reconstruction of 11th Street Steps Construction of Steps in Jefferson Park; and WHEREAS, pursuant to Resolution No. 182-76 adopted May 24, 1976, Public Notice of a "Finding of no significant effect on the environment" for the Proposals (projects) was published May 25, 1976, in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public comment period until 12:00 Noon, Friday, June 18, 1976; and WHEREAS, Public Notice of a "Find. ing of no significant effect on the envi. ronment" for the proposals (projects) was sent by regular mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice: and WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified projects, now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the proposals (projects) shall continue to remain on file in the Office of the City Clerk, where said records may be,examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment on the 30th day of June, 1976, a request for release of funds to undertake the said Projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a re- sponsible Federal official under the Na. tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environ- mental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section S. That the Mayor of the City of Dubuque be and he is hereby au- thorized and directed to execute a Certification pertaining to the envi- ronmental review procedures. 304 Special Session, June 21, 1976 Section 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City of Dubuque intends to file a request on June 30, 1976, for Release of Funds for Certification of the following iden- tified projects to be undertaken with funds made available under Title I of the Housing and Community Development Act of 1974. Purchase of cleared land in the Downtown Urban Renewal Project, Iowa R-15, by the City of Dubuque Avon Park Acquisition and Development Removal of Architectural Barriers which impede the Mobility of the Elderly and Handicapped in the Downtown area Restoration and Reconstruction of Eleventh Street Steps Construction of Steps in Jefferson Park The City of Dubuque has made an Environmental Review Record for the projects, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa, where said records may be examined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 22nd day of July►, 1976. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Alvin E. Lundh. The mailing address for both the applicant and the Chief Ex- ecutive Officer is City Hall, 13th and Iowa, Dubuque, Iowa. The City of Dubuque will undertake the projects described above'with Block Grant funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Alvin E. Lundh, in his official capacity as Mayor, consent to accept the juris. diction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satis- fied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant funds and HUD will -have satisfied its responsibilities under the National En- vironmental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certifica- tion was not in fact executed by the Chief executive officer or other officer of applicant approved by HUD; or (b) that applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process. Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and m4y be addressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds Ob bases other than those stated above will not be considered by HUD. No objection received after the 22nd day of July, 1976, will be considered by HUD. 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 17, 1976 Honorable Mayor and Councilmen City Hall The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots 1 through 20 of Block 16 of "Sunrise Heights" Subdivision in the City of Dubuque, Iowa. The Commission has found theplat to be in conformance with the approved preliminary plat and the Subdivision Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration of Lots 1 through 20 of Special Session, June 21, 1976 305 Block 16 of "Sunrise Heights" Subdivi- sion subject to compliance with requirements of the City Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 229-76 Resolution approving the Plat of Block 16 in "Sunrise Heights" in the City of Dubuque WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 16 in "Sunrise Heights" in the City of Dubuque, Iowa, by James H. Richard and Darlene H. Richard: and WHEREAS, upon said plat appear streets to be known as Boyer Street and Cottonwood Court, together with cer- tain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Boyer Street and Cottonwood Court, together with the easements for public utilities as the same appear upon said Plat. be and the same are hereby accepted; Section 2. That the plat of Block 16 in "Sunrise Heights" 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 attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Boyer Street and Cot. tonwood Court with bituminous con. crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard spe- cifications; b. To install sanitary, sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch - basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where di- rected by the City Engineer and the City Manager; f. To construct the foregoing im- provements 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; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing construc- tion and maintenance at the solo ex- pense of the Subdivider, James H. Richard and Darlene H. Richard, as owner; i. To construct said improvements, except sidewalks, prior to May 1, 1978, and to construct the sidewalks prior to Mav 1, 1980; and further provided that said James H. Richard and Darlene H. Richard, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event James H. Richard and Darlene H. Richard, shall fail to execute the acceptance and fur- nish 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 accep. tance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll call this 21st day of June, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 306 Special Session, June 21, 1976 ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 229-76 We, the undersigned James H. Rich- ard and Darlene H. Richard having read the terms and conditions of the forego- ing Resolution No. 229-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 30th day of June, 1976. James H. Richard Darlene H. Richard TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 229.75 has been furnished by the owners. Dated at Dubuque. Iowa, this Ist day of July, 1976. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning and "Zoning Commission recommending ap- proval of plat of Block 6 of Arbor Oaks Subd., presented and read. Councilman Stackis moved that the communication be referred to the City Engineer and City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote. Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. A RESOLUTION approving the plat of Block 6 in Arbor Oaks Subd., pre- sented and read. Councilman Stackis moved that the communication be referred to the City Engineer and City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 18, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed Lots 1 through 16 of Block 1 of "Birch Acres', in the City of Dubuque, Iowa. The sub- ject property lies on the north side of Kelly Lane at its intersection with Fremont Avenue. The Commission has determined that the plat is in conformance with the Subdivision Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration of the final plat of Lots I through 16 of Block 1 of "Birch Acres". CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Wertzberger moved that Planning & Zoning be instructed to look as to zoning in the Fremont area, ob- ject in mind of problems which may be created in the area other than single family. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 230-76 RESOLUTION Approving Plat of Lots 1 through 16 of Block 1 in "Birch Acres" In the City of Dubuque, Iowa. WHEREAS, there: has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of "Birch Acres" in the City of Dubuque, Iowa is platted as: Lots I through 16 of Block 1 in "Birch Acres' in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. "The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- Special Session, June 21, 1976 807 dorse the approval of the City upon said plat. Passed, adopted and approved this 21st day of June, A.D., 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 231-76 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. Charles Adams, 20th and Jackson Street Dubuque Post No. 6, American Legion, 1306 Delhi Street Aquinas Institute School of Theology, 2570 Asbury Road Robert Beidler, 1122 Dodge Street Big "G" Steak House Inc. Plaza 20 William Hancock, 2205 Carter Road Birch Oil Co., 1281 Dodge Street Brian J. Vincent, 3305 Asbury Road William C. Brown Publishers, 2460 Kerper Blvd. Bunker Hill Pro Shop, Bunker Hill Road Burger King No. 1100, 1350 John F. Kennedv Road Carousel Snack Bar, 555 John F. Ken- nedy Road Edward Bailey, 1298 Main Street James Kachevas, 665 Dodge Street Richard J. Barton, 1450 Loras Blvd. Dubuque Mining Co., 555 John F. Ken- nedy Road Dubuque Marina Inc., New City Harbor Donald Plumley, 5th and Locust Dave Powers Ford Inc., 3600 Dodge Street William F. Dunne, Jones and Locust Streets Elks Lodge No. 297, 2699 John F. Kennedy Road Ray Fleckenstein, 3275 Central Avenue Anthony Habeger, 9th and Central Avenue Holiday Inn Motel, 1111 Dodge Street James Lange, 2600 Dodge Street Knights of Columbus, 781 Locust Street Kwik Food Texaco Station, 1075 Dodge Street Loras College, 1450 Alta Vista Street Marco's Italian & American Foods, 2022 Central Avenue Bert Hillary, 1413 Rockdale Road Nachtman Tire Co., 7th and Bluff Street Nesteby Mobil Service, 3200 Central Avenue Ponderosa Steak House, 2035 John F. Kennedy Road Michael F. Pusateri, 2560 Dodge Street Ramada Inn Motel, U.S. 20 at Mercer Drive Randall's Foodarama, 2600 Dodge Street Ring's Fine Food Restaurant Inc., 1185 Dodge Street Roshek's Dept. Store, 555 John F. Ken- nedy Road Sears Roebuck & Co., 300 South Locust Street Donna Ginter, 342 Main Street Stampfer's Dept. Store, Town Clock Plaza Francis J. Shanahan, 2501 Rhomberg Avenue Sunny Crest Manor, 2375 Roosevelt Street Thelma Lenstra, 410 West 8th Street Rita Schueller, Town Clock Plaza Tri-State Truck Center, 380 East 4th Street Jack Siefker, 1081 University Avenue Villiage Inn Restaurant, 1940 John F. Kennedy Road Woolworth's, 555 John F. Kennedy Road Zayre Snack Bar, 255 John F. Kennedy Road Andresen's United, 229 8th Avenue John C. Andresen, 555 John F. Kennedy Road Thomas E. Andresen, 1080 University Avenue George K. Arvanitis, 1958 Central Avenue A. Y. McDonald Mfg. Co., 12th and Pine Streets Theodore C. Bartmann, 450 West Locust Street Daniel W. Bauer, 351 Dodge Street Robert L. Becker, 2418 Central Avenue Beecher Co., Inc., 2399 White Street Beecher Co., Inc., 1691 Asbury Road Bishop Suburban Buffet of Dubuque, 555 John F. Kennedy Road Cremer's Grocery Co., 931 Rhomberg Avenue 308 Session, June 21, 1976 Creslanes Bowling Inc., 255 South Main Street Rudolph W. Dittmar, 1646 Asbury Road Donovan's Food Market, 1876 Central Avenue Dubuque Zephyr, U.S. 20 and J.F. Ken- nedy Road Victoria Ellis, 120 W. 4th Street Adella A. Ferring, 385 East 13th Street Grandview Drug, Inc., 486 North Grandview Avenue John J. Heiderscheit, 1278 Central Avenue LaVern Hennen, 3300 Asbury Road Holiday oil Dist. Inc., 1685 John F. Kennedy Road Holiday Oil Dist. Inc., 980 Dodge Street Holiday Oil Dist. Inc., 1401 Central Avenue Holiday Oil Dist. Inc., 605 Dodge Street Holiday Oil Dist. Inc., 400 Rhomberg Avenue Robert and Laverna Karr, 31 Locust Street Gerald C. Kirchberg, 3203 Jackson Street Kopple Market Inc., 1098 University Avenue Elizabeth Krajnovich, 481 Locust Street Leonard Oil Co., 1387 Dodge Street Marc's Big Boy -Dubuque, Plaza 20 Shopping Center Herman Meyer, 3350 Pennsylvania Avenue Shirley Mihalakis, 574 East 16th Street Nabors Drug No. 4, 1920 Elm Street Albert J. Ney and Dolores Roeth, 6th and Central Avenue James L. Norton, 902 Main Street Thomas M. Astgen, 1101 Rhomberg Avenue Ralph J. Grabow, 1050 University Avenue Vivian Heinz, 3301 Pennsylvania Avenue Thompson's Food Markets No. 1, 250 West 1st Street Earl E. Schumacher, 2204 Central Avenue Will -Co., Inc. 805 West 5th Street Thompson's Food Market No. 6, 1250 Iowa Street Thompson's Food Market No. 9, 51 West 32nd Street Thompson's Food Market No. 15, 1545 S. Grandview Avenue William O'Neill, 55 Locust Street Osco Drug Inc. No. 849,703 Main Street Thelma Paradiso, 3050 Asbury Road Pizza Hut, 2075 John F. Kennedy Road Joseph Reisdorf, 601 Rhomberg Avenue Patricia Revelle, 2776 Jackson Street Paul W. Schollmeyer, 176 Locust Street Albert J. Schulte, 1875 University Avenue Melvin A. Spiegelhalter, 10291/2 Main Street Earl Tegeler, 2311 Windsor Avenue Allen C. Tressel, 2528 Central Avenue Wareco System of Iowa, 700 Rhomberg Avenue Heron Inc., 709 University Avenue Welsh Enterprises Inc., 620 South Grandview Avenue Chuck N. Wong, 378 Main Street Eileen Wunder, 1046 Central Avenue William Allendorf, 125 West 9th Street Birch Oil Co., Inc., Jones and Locust Streets Rita Clancy, 201 East 22nd Street Country Kitchen, 3187 University Avenue D.B.Q. Inc., 4th and Locust Streets Dubuque Golf and Country Club, 1800 Randall Place Dubuque Municipal Airport, Table Mound Lorraine Fransen, 1100 Lincoln Avenue Imperial Lanes, Inc., 3505 Stoneman Road Nicholas J. Kass, 500 Rhomberg Avenue Donald Kies, 2620 University Avenue Lonas Inc., 620 East 16th Street Kenneth Jerome Love, 802 Central Avenue Michael J. Lucas, Jr., 1064 University Avenue Vincent W. Mescher, 1233 Rhomberg Avenue Catherine M. Meyer, 530 East 22nd Street Mr. Steak No. 121, 2660 Dodge Street Sally Jo Roy, 400 Central Avenue Raymond Ney, 2186 Central Avenue O'Hara Texaco, 70 South Locust Street Coletta A. Oyen, 1103 Iowa Street Palmer Drug, 2600 Dodge Street Joseph Polfer, 2612 Dodge Street Regal 8 Inn, 2680 Dodge Street Kenneth Stecklein, 2480 University Avenue Jospeh W. Sutter, 3195 Jackson Street William White, 1993 Asbury Road B. F. Willenborg, 1301 Rhomberg Avenue Donald Sand, 2364 Washington Street Donut Hut Ltd., 1555 John F. Kennedy Road Fraternal Order of Eagles, 1175 Century Drive Josephine A. Burke, 1445 Central Avenue John P. O'Hara, 855 Century Drive lvd Charles E. Draeger, 2095 Kerpe Gary Hanson, 1322 Central Avenue Joyce L. Moeller, 1604 Central Avenue Shirley L. Chidester, 2417 Rhomberg Avenue Merwin Rupp, 2297 University Avenue Special Session, June 21, 1976 309 Passed, adopted and approved this 21st day of June 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 232-76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Catherine M. Meyer, 530 East 22nd Street CLASS "C" BEER PERMIT Robert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Cremer Grocery Co., 731 Rhomberg Avenue Vivian Heinz, Oky Doky No. 7, 3301 Pennsylvania Ave. Welsh Enterprises Inc., Grandview Dairy Store, 620 S. Grandview Avenue Passed adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 233-78 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 oc. cupied by such applicants were inspect. ed and found to comply with the Ordi• nances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Catherine M. Meyer, 530 East 22nd Street CLASS "C" BEER PERMIT Robert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Cremer Grocery Co., 731 Rhomberg Avenue Vivian Heinz, Oky Doky No. 7, 3301 Pennsylvania Ave. Welsh Enterprises Inc., Grandview Dairy Store, 620 S. Grandview Ave. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 234-76 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 following applications be approved and Licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As - u mbly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Edward A. Bailey, Cavalier, 1298 Main Street Creslanes Bowling, Inc., (Also Sunday Sales), 255 South Main St. Fischer Bowling Lanes, (Also Sunday Sales), 880 Locust St. 310 Special Session, June 21, 1976 Hazel E. Koeller, Copper Kettle, 2987 Jackson St. Elizabeth Krajnovich, Betty and Nick's Tap, 481 Locust St. Kenneth Jerome Love, Grand Tap, 802 Central Ave. Albert Ney & Dolores Roeth. Park Square, 606 Central Ave. Eugene A. Otting, The Dip Tap, 1689 Elm St. Joseph E. Reisdorf, Ten Pin Tap, 601 Rhomberg Ave. Ritz Lounge Inc., 2126 Central Ave. Thelma Paradiso, Lux Club, 3050 As- bury Road Donald T. Sand, 2364 Washington St. John L. Savary, 827 Dodge St. Paul Schollmeyer, Paul's Tap, 176 Locust Melvin A. Spiegelhalter, Dubuque Bowling Lanes, 102915 Main St. Barney Willenborg, Barney's Inn, 1311 Rhomberg Ave. Eileen Wunder, Central Tap, 1046 Cen- tral Ave. Donna M. Ginter, Silver Dollar, (Sun- day Sales), 342 Main Street Heron Inc., Walnut Tap, 709 University Ave. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 235-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Edward A. Bailey, Cavalier, 1298 Main Street Creslanes Bowling, Inc., (Also Sunday Sales), 255 South Main St, Fischer Bowling Lanes, (Also Sunday Sales), 880 Locust St. Hazel E. Koeller, Copper Kettle, 2987 Jackson St. Elizabeth Krajnovich, Betty & Nick's Tap, 481 Locust St. Kenneth Jerome Love, Grand Tap, 802 Central Ave. Albert Ney & Dolores Roeth, Park Square, 600 Central Ave. Eugene A. Otting, The Dip Tap, 1689 Elm St. . Joseph E. Reisdorf, Ten Pin Tap, 601 Rhomberg Ave. Ritz Lounge Inc., 2126 Central Ave. Thelma Paradiso, Lux Club, 3050 As- bury Road Donald T. Sand, 2364 Washington St. John L. Savary, 827 Dodge St. Paul Schollmeyer, Paul's Tap, 176 Locust St. Melvin A. Spiegelhalter, Dubuque Bowling Lanes, 102915 Main St. Barney Willenborg, Barney's Inn, 1311 Rhomberg Ave. Eileen V ander, Central Tap, RA6 Cen- tral Ave. Donna M. Ginter, Silver Dollar, (Also Sunday Sales), 342 Main St. Heron Inc., Walnut Tap, 709 University Ave. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following Vote: Yeas -- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Wertzberger moved that the Council show support of an. nexation plan as submitted. Secorded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, y. Wertzberger. Nays — None. There being no further business, Councilman Brady moved to adjourn I Session, June 21, 1976 311 the Meeting to Thursday, June 24. 1976 at 4:00 o'clock P.M. Seconded by Coun- cilman Wertzberge.r. Carried by the fol- lowing vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved November 15, 1976 Adopted November 15, 1976 Adjourned Special Session, June 24, 1976 CITY COUNCIL OFFICIAL Adjourned Special Session, June 24, 1976 Council met at 4:00 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. City Manager Gilbert D. Chavene'le. Mayor Lundh read the call and stated that this is AN ADJOURNED MEETING OF JUNE 21, 1976, and that service thereof had been duly made and this Meeting is called for the purpose of CONSIDERING A PLAT ON ANNEX- ATION and acting upon such other business as may be properly brought before a Regular Meeting of the Council. Communication of Victor Sprengel meyer, Attorney for Iowa Northwestern Development Co., showing dissatisfac- tion at the handling of the plat of Block 6 of Arbor Oaks Subd., and feels that an explanation is due for the benefit of the public, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. .June Is, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Block 6 of "Arbor Oaks" Subdivision in the City of Dubuque, Iowa. The subject property lies north of Spring Valley Road on extensions of Fox Hollow Drive and Olde Country Lane. The Commission has determined that the plat is in conformance with the Subdivision Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration of the final plat of Block 6 of "Arbor Oaks" Subdivision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen 'fully, Wertzberger. Nays — Councilmen Brady, Stackis. RESOLUTION NO. 236-76 Resolution approving the Plat of Block 6 in "Arbor Oaks" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 6 in "Arbor Oaks" in the City of Dubuque, Iowa, by Iowa. Northwestern Development Company; and WHEREAS, upon said plat appear streets to be known as Fox Hollow Drive and Olde Country Lane, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Fox Hollow Drive and Olde Country Lane together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 6 in "Arbor Oaks" in the City of Dubuque. Iowa, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provid- ed the owners of said property herein named, execute their written accep. tance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Fox Hollow Drive and Olde Country Lane with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch. basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as oumed Special Session, June 24, 1976 313 require,i 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 im- provements 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 im- provements for a period of four (4) 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, Iowa -North- western Development Company, as owner; j. To construct said improvements, except sidewalks and street lighting prior to June 1, 1978, and to construct the sidewalks and street lighting prior to June 1, 1980; and further provided that said Iowa -Northwestern Development Company, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Iowa - Northwestern Development Company, shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and ap- proval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 24th day of June, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 236-76 We, the undersigned James A. Schwers and Carolyn E. Thompson having read the terms and conditions of the foregoing Resolution No. 236.76 and being familiar with the conditions ther- eof, hereby accept the same and agree to Perform the conditions required therein. Dated at Dubuque, Iowa, this 29th day of July, 1976. James A. Schwers President Carolyn E. Thompson Secretary -Treasurer TO: Leo F. Frommelt City Clerk This to certify that the security provided by the foregoing RESOLU- TION NO. 236-76 has been furnished by the owners. Dated at Dubuque, Iowa, this 29th day of July, 1976. Gilbert D. Chavenelle City Manager City Manager Councilman Brady moved that the resolution be tabled. Seconded by Councilman Stackis. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Councilmen Brady, Stackis. Nays — Mayor Lundh, Councilmen Tully, Wertzberger. MOTION FAILED. Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Tully, Wertzberger. Nays — Councilmen Brady, Stackis. Councilman Stackis moved that An Ordinance be prepared covering Surface Drainage in Subdivisions of the future. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 237-70 WHEREAS, Five Flags Civic Ceater has reached a point of development whereby it is indicated that the approval of the electorate is now necessary, and WHEREAS, the City Council of the City of Dubuque. Iowa declares its in- tent to hold a special election on August 17, 1976 for the purpose of permitting the electorate to pass upon the proposi- tion of issuing general obligation bonds for the purpose of defraying the expense of said Five Flags Civic Center. NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa: Sectlon t. That August 17, 1976 be and the same is hereby fixed as the date for a special election to be held upon the proposal to issue general obligation bonds to pay for the costs of the expense in connection with the construction and 314 Adjourned Special Session, June 24, 1976 improvement of Five Flags Civic Center, City of Dubuque, Iowa. Section 2. That the City Clerk be and he is herewith directed to file a certified copy forthwith with the Commissioner of Elections of Dubuque County, Iowa. Passed, approved and adopted this 24th day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. City Planner, Dan Dittemore, pre- sented Urban Growth Forecast — An- nexation Feasibility Analysis — Action Plan. June 23, 1976 Honorable Mayor and Councilmen You may recall that the City of Dubuque Planning and Zoning Com- mission had made a recommendation to you in March, 1976, urging your favor- able consideration of an annexation plan embracing a 12 -year growth perimeter. The Commission has also been aware of the evolving concept of a segmented annexation plan. A majority of Com- mission members have been briefed on this concept, to include a 5 -year growth perimeter for immediate action, fol- lowed by a second phase in 1980 to complete annexation of the area origi- nally recommended by us. It is the view of the Planning and Zoning Commission that the phased annexation plan is consistent with its original recommendation. We have no objection to your favorable considera- tion of this alternative. Richard P. Friedman Chairman City of Dubuque Planning and Zoning Commission Councilman Brady moved that the communication and Action Plan be received and riled and be made a Matter of Record. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Na vs — None. RESOLUTION NO. 238-76 A Resolution authorizing and ap- proving a petition to the City Development Board of Iowa for annexation of certain hereinafter described Territory to the Incor- porated City of Dubuque, Iowa WHERE?.S, the City Council has caused a study to be made of the con. tinuing development of the Dubuque urban area, and of the needs for the provision of municipal services to developing areas; and WHEREAS, such study has con- firmed that an annexation of territory to the City of Dubuque is appropriate and desirable; and WHEREAS, Chapter 1088, Acts of the 64th General Assembly of the State of Iowa, Sections 33 through 46 provide for the submission of a petition to the City Development Board of the State of Iowa for consideration of such annexation request; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That we, the City Council of the City of Dubuque, Iowa, do peti- tion the City Development Board of the State of Iowa for an annexation of ter- ritory in Peru, Dubuque, Table Mound, and Mosalem Townships in Dubuque County, Iowa, more specifically delin- eated upon Exhibit A, parts 1 through 4, hereto attached and made a part of this petition. Section 2. That the City Manager shall cause notice of this petition to be made to the City Development Board of the State of Iowa, together with such additional evidence and documentation as the Board may require; and to the Board of Supervisors of Dubuque County, Iowa; and to the East Central Intergovernmental Association. Passed, approved and adopted this 24th day of June, 1976, Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution and City Clerk be direct- ed to submit Copy of Resolution to all Adjourned Special Session, June 24, 1976 315 governmental bodies concerned. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays —Councilman Brady. Attorney Joe Zwack, spoke to the Council stating people should have some opportunity to talk to the Council, Expressing dissatisfaction, relative to adoption of proposed annexation plan. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved November 15, 1976 Adopted November 15, 1976 116 Special Session. June 29, 1976 CITY COUNCIL OFFICIAL Special Session, June 29, 1976. Council met at 10:00 A.M.(C.D.T.) Present — Councilmen Brady, Stackis, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Absent — Mayor Lundh. Mayor Pro -Tem Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of RECEIVING PROPO- SALS FOR THE CONSTRUCTION OF IMPROVEMENTS AND EXTENSIONS TO THE MUNICIPAL WATERWORKS PLANT AND SYSTEM and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher of Notice to Contractors of the Receipt of Proposals for the con- struction of Improvements and Exten- sions to the Municipal Waterworks, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro -Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. The following bids were presented and read: Item 1 - Water Treatment Plant Expansion Name of Bidder Amount of Barbarossa & Sons Inc. ... $4,453,000. Bay -Con Corporation ..... $4,186,000. J.P. Cullen & Sons ........ $3,837,322. Lysne Construction Inc. ... $5,024,000 PMW Construction Inc. ... $5,340, Item 2 - Water Plant Solids Handling Facilities With Vacuum Filters Name of Bidder Amount of Bid Barbarossa & Sons Inc. ... $2,362,000. Bay -Con Corporation ..... $2,545,000. J. P. Cullen & Son ........ $2,060,737. Lysne Construction Inc. ... $2,441,068. PMW Construction Inc. ... $3.150,000. Alternate Item 2 - Water Plant Solids Handling Facilities With Pressure Filters Name of Bidder Amount of Bid Barbarossa & Sons Inc. ... $2,750,000. Bay -Con Corporation ..... $2,745,000. J.P. Cullen & Son ......... $2,310,191. Lysne Construction Inc.... $2,636,835. PMW Construction Inc. ... $3,280,000. Councilman Wertzberger moved that the Bids be received and filed and referred to the Council and City Man- ager. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro -Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. There being no further business, Councilman Tully moved to adjourn the meeting to July 6, 1976, at 7:30 P.M. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Pro -Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Leo F. Frommelt City Clerk Approved November 15, 1976 Adopted November 15, 1976 Regular Session, July 5, 1976 31q Approved December 6, 1976 Adopted December 6, 1976 320 Meeting of July 6, 1976 CITY COUNCIL OFFICIAL Meeting of July 6, 1976. Adjourned special session of June 29, 1976 and regular session of July 5, 1976. Council met at 7:30 p.m. (C. D.T.) Present -Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Lundn read the call and stated that service thereof had been duly made and this meeting is called as AN AD- JOURNED SPECIAL SESSION OF JUNE 29th and also AN ADJOURNED REGULAR SESSION OF JULY 5, 1976, called for the purpose of acting upon such business as may properly come before the meeting. Proclamation from Dubuque Softball Hall of Fame Board requesting Mayor to proclaim August 6, 1976, as "Dubuque Softball Hall of Fame Day" was read and so proclaimed. State Representative Thomas Jo - chum congratulated the City on being a recipient of a "Community Betterment Road Sign" as evidence of Dubuque's participation in the 1976 Iowa Com- munity Betterment Program. Communication of Playground & Recreation Commission submitting minutes of their meetings of June 14, 1976 and June 28, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Airport Commission submitting minutes of their meeting of June 23, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting minutes of their meeting of June 15, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, -fully, Wertzberger. Nays — None. Communication of Board of Dock Commission submitting minutes of their meeting of June 23, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Citizens Advisory Commission submitting minutes of their meeting of June 22,1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communications of Iowa Depart- ment of Environmental Quality issuing construction permits for Water Treat- ment and Solids Handling Facilities AND Water Main Extension of Buena Vista Subdivision, presented and read. Councilman Tully moved that the com- munications be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dr. & Mrs. James O'Brien showing concern over the proposal to replace the Educational Channel 11 with the new extra charge per month channel, presented and read. Councilman Wertzberger moved that the communication be received and filed and referred to the TV Cable Com- mission, City Manager and City Solici- tor. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission advising that the City Attorney has been requested for advice as to proposed sale of R.R. Tracks at Gelatin and American Builders, presented and read. Councilman Wertzberger moved that the communication be referred to the City Manager. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission indicating concern for the program developed during the past six months and starting Meeting of July 6, 1976 to solicit programs for 1977 Budget and set August 30th as application deadline, presented and read. Councilman Wertzberger moved that the commu- nication he received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nav_ s — None. July 1, 1976 Honorable Mayor and Councilmen The petition of Mr. L. C:. Wolff regarding zoning classification of property on Sullivan Street has been pending before the City of Dubuque Planning and Zonning Commission, on your referral. This is to inform you that this matter is now considered to have been with- drawn due to non-payment of zoning application fees, as specified in Section I0-101 of Article X of the Zoning Ordi- nance No. 32-75. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 22, 1976 Honorable Mayor and City Council 1 submit for your consideration a contract for a street maintenance payment from the State Department of Transportation for the period of July 1, 1976 through June 30, 1977. The payment of $4,778.00 is the same amount paid to the city during the previous year. I request that you approve the agreement and authorize me to sign it on behalf of the city. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and City Manager authorized to sign Agreement. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 29, 1976 Honorable Mayor and City Council The City of Dubuque, Iowa and Wil- 321 liam F. Ewalt and Eva L. Ewalt com- menced an action against Dubuque County, Iowa, Wilfred Bahl, Raymond J. Scherrmann and Donald C. Meyers, members of the Board of Supervisors of Dubuque County, Iowa, Robert L. Didesch, administrative officer and Harold P. Meloy, Dubuque County Auditor claiming that the action of the majority of Board of Supervisors was arbitrary in rezoning certain property from Conservancy District to Heavy Industrial District to accommodate the operation of Edward D. Tschiggfrie, d/b/a Tschiggfrie Excavating, excavator. The matter was heard before L. J. Degnan, Judge, on the 15th day of April, 1976 and on the 23rd day of June, 1976, Judgment and Decree was rendered in favor of the defendants and against the plaintiffs. Costs have been assessed against the plaintiffs. Copy of the Judgement and Decree in Equity No. 82420 is attached hereto. R.N. Russo City Attorney City Attorney Russo addressed the Council and recommended no further action be taken. Mayor Lundh moved that the communication be received and filed and City Attorney's verbal recom- mendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. Notice of Claim of Emily J. Kowalski, in an undetermined amount, of personal injuries received in a fall on a defective sidewalk at 311 E. 22nd Street on June 3, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 2, 1976 Honorable Mayor and City Council I submit for your consideration an ordinance requiring vehicles travelling south on Oak Crest to stop at Berkley Street. The traffic committee has reviewed the proposal and 1 recommend the or- dinance to you. Gilbert D. Chavenelle City Manager 322 Meeting of July 6, 1976 Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 29-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE ' TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 11 TO SECTION F OF SCHEDULE III THEREOF TO PROVIDE THAT SOUTHBOUND VEHI- CLES ON OAK CREST DRIVE MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BERKLEY STREET, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 29-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 11. TO SECTION F. OF SCHEDULE III THEREOF TO PROVIDE THAT SOUTHBOUND VEHI- CLES ON OAK CREST DRIVE MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BERKLEY STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended be and the same is hereby amended by enacting a new Subsection 11. to Section F. of Schedule III thereof as follows: "Schedule Ill. F. Southbound vehicles must stop before entering the intersection of: 11. Berkley Street and Oak Crest Drive." Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of July 1976. Leo F. Frommelt City Clerk It 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 2, 1976 Honorable Mayor and City Council I submit to you an ordinance amend- ing the traffic ordinance so that 12th Street is properly described as a stop street. This revision is necessary because of the recently passed ordinance requiring eastbound vehicles travelling on 12th Street to stop at the intersection of Bluff Street. I request your favorable considera- tion of this ordinance change. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 30-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY REPEALING SECTION I OF SCHEDULE 11 THEREOF AND ENACT- ING A NEW SECTION I TO SCHEDULE 11 IN LIEU THEREOF TO PROVIDE THAT WEST 12th STREET BE DESIG- NATED A THRU STREET FROM THE WEST LINE OF CENTRAL AVENUE TO THE WEST LINE OF BLUFF STREET; THENCE TO THE WEST PROPERTY LINE OF GROVE TERRACE; GROVE Meeting of July 6, 1976 TERRACE TO THE NORTH LINE OF ARLINGTON STREET FROM 12th STREET; ARLINGTON STREET FROM GROVE TERRACE TO THE WEST LINE OF HIGHLAND PLACE, presented and read. Councilman Stackis Moved that the reading just had been considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. Councilman 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. ORDINANCE NO. 30-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY REPEALING SECTION 1 OF SCHEDULE 11 THEREOF AND ENACT- ING A NEW SECTION I TO SCHEDULE II IN LIEU THEREOF TO PROVIDE THAT WEST 12th STREET BE DESIG- NATED A THRU STREET FROM THE WEST LINE OF CENTRAL AVENUE TO THE WEST LINE OF BLUFF STREET: THENCE TO THE WEST PROPERTY LINE OF GROVE TERRACE: GROVE TERRACE TO THE NORTH LINE OF ARLINGTON STREET FROM 12th STREET: ARLINGTON STREET FROM GROVE TERRACE TO THE WEST LINE OF HIGHLAND PLACE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; SOCIlOn 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque. Iowa" as amended be and the same is hereby amended by repealing Section I of Schedule 11 thereof and enacting a new Section / to Schedule 11 in lieu thereof as follows: "Schedule 11 1. West 12th Street from the west line of Central Avenue to the west line of Bluff Street; thence to the west property line of Grove Terrace; Grove Terrace to the north line of Arlington Street from 12th Street. Arlington Street from Grove Terrace to the west line of High- land Place." 323 Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of July 1976. Leo F. Frommelt City Clerk It 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. June 17, 1976 To the Honorable Mayor and City Council Attached is an ordinance creating the office of Public Works. The Director of Public Works would be responsible for the construction and operation of all public works with the exception of the public water system. This person would be responsible for the management of all city activities relat- ing to engineering, street programs, storm and sanitary sewer maintenance and construction, waste water treat- ment and refuse operations and main- tenance of all city equipment. Your approval of this ordinance is requested. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 31-76 AN ORDINANCE CREATING THE OF- FICE OF DIRECTOR OF PUBLIC WORKS, PROVIDING THE QUALIFICATION OF SAID OFFICE AND THE APPOINTMENT OF A DI- RECTOR OF PUBLIC WORKS, said Ordinance having been previously presented and read at the the Council meeting of June 21, 1976, presented for final adoption. Councilman Stackis moved that the Meeting of July 6, 1976 reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. ORDINANCE NO. 31-76 AN ORDINANCE CREATING THE OF- FICE OF DIRECTOR OF PUBLIC WORKS, PROVIDING THE QUALIFICATION OF SAID OFFICE AND THE APPOINTMENT OF A DI- RECTOR OF PUBLIC WORKS. Section 1. There is hereby created the of fice of Director of Public Works of the City of Dubuque and said office shall be charged with the responsibility for con- struction and operation of public works, and shall have the responsibility for directing the activities of several divi- sions comprising the Public Works Department, including water system, engineering, street maintenance, sani- tary and storm sewerage, waste water treatment, refuse collection and dispo- sal and maintenance garage. Section 2. The Director of Public Works must be a person competent in public works with extensive knowledge of public works udministration, design construction and maintenance of streets, sewers and other public works facilities and services. Section 3. The City Manager of the City of Dubuque shall appoint a compe- tent person to fill the office of Director of Public Works. This person shall hold said office during the pleusure of the City Manager. Passed, approved and udopted this 6th day of July, 1976. Alvin E. Lundh Muyor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen A 71'EST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of July 1976 Leo F. Frommelt City Clerk It 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of Public Hear. ing to amend the Zoning Ordinance to extend the effective date of provisions regulating the parking and storage of vehicles within residential districts, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE. NO. 32-76 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 EXTEND THE EFFECTIVE DATE JF PROVISIONS, KNOWN AS SEC. TION 5-101.4 REGULATING THE PARKING AND STORAGE OF VEHI- CLES WITHIN RESIDENTIAL DISTRICTS, presented and read. Councilman Stackis moved that the reading just had been considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 32.76 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 Meeting of July 6, 1976 TO EXTEND THE EFFECTIVE DATE OF PROVISIONS, KNOWN AS SEC- TION 5-101.4 REGULATING THE PARKING AND STORAGE OF VEHI- CLES WITHIN RESIDENTIAL DISTRICTS NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by repealing Section 12-101, Effective Data of Ordinance Provisions, and by adopting a new Section 12-101, as follows: ARTICLE XII ADOPTION AND REPEAL OF CONFLICTING ORDINAN- CES Section 12-101 Effective Date of Or- dinance Provisions This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption, and publication as provided by law, except the provi- sions of Section 5-101.9 of this Ordi- nance regulating the parking and stor- age of vehicles within residential dis- tricts, which provisions shall be in force and effect beginning on October 1, 1976." Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 9th day of July 1976. Leo F. Frommelt It 7/9 City Clerk Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. To the Honorable Mayor July 2, 1976 and City Council The bids for the water plant expan- sion and solids removal handling facili- tates were $1,266,071 under the engi- neer's projections. As a result of this lower bid, the revenue bond issue can be 325 reduced from $7 million to $5.7 million, or $1300.0N) (see Exhibit 1). As a result of the reduced require- ments for revenue bond funds, the debt service for financing the project will be reduced. In recongnition of this reduc. tion in debt service cost, we are propos. ing reducing water rates $103,300 per year (Exhibit 2). This amendment to the rate structure represents a reduction of revenue of $2,066,000 over 20 years. In the amendment of our rate struc. ture, we are proposing changing the minimum charge from $2.00 to $1.90 per month. We are also proposing a reduc- tion in charges for the succeeding three steps in the rate structure. We believe this adjustment in rates is significant, particularly for those accounts now paying minimum bills. For example, a customer under our old rate structure, who was using 200 cubic feet per month would pay a minimum charge of $2.00. Under the proposed rate structure that same customer will be paying $1.90 per month, or a 5% reduction. The proposed rate structure also reflects a significant reduction in percentage increases for the other top steps of the rate structure. We would recommend the Council's favorable position on the proposed rate structure and adoption of an ordinance establishing these new rates. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Wertzberger moved to adopt City Manager's proposal on Ex- hibit2 as amended. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO, 33-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 15-76 BY REPEALING SECTION I AND SECTION 2 THEREOF AND ENACTING A NEW SECTION 21N LIEU THEREOF FIXING AND ESTAB- LISHING RATES TO BE CHARGED FOR THE FURNISHING OF WATER FOR RESIDENTIAL, COMMERICAL, INDUSTRIAL AND OTHER USES AND PURPOSES WITHIN AND WITHOUT THE CITY OF DUSUOUE, IOWA, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- 326 Meeting of July 6, 1976 dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays - None. Councilman 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 Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 33-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 15-76 BY REPEALING SECTION I AND SECTION 2 THEREOF AND ENACTING A NEW SECTION 2 IN LIEU THEREOF FIXING AND ESTAB- LISHING RATES TO BE CHARGED FOR THE FURNISHING OF WATER FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER USES AND PURPOSES WITHIN AND WITHOUT THE CITY OF DUBUQUE, IOWA, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 15-76 be and the same is hereby amended by repealing Section I thereof and enacting a new Section 1 in lieu thereof to provide as follows: "RATES FIXED" Section 1. Commencing with all meter readings on July 9th, 1976 the rates to be charged for water for res- idential, commercial, industrial and other uses and purposes by any person, firm or corporation supplying water within the corporate limits of the City of Dubuque, Iowa, shall be and they are fixed and determined as follows: (A) Water Rates for users within the City of Dubuque, Iowa, whose meters are read Monthly, shall be as follows: First 200 cubic feet per month, $1.50; Next 800 cubic feet per month, .75 per hundred cubic feet; Next 2,000 cubic feet per month. 75 per hundred cubic feet; Next 12,000 cubic feet per month, .57 per hundred cubic feet; Next 35,000 cubic feet per month, .50 per hundred cubic feet; Next 50,000 cubic feet per month, .43 per hundred cubic feet; and Over 1000X0 cubic feet per month, .38 per hundred cubic feet. The Minimum Monthly charge ac- cording to size of meters, shall be as follows: %6 1.50 allowance, 200 cubic feet 14^ 6.00 allowance, 800 cubic feet; 1" 10.00 allowance, 1,3011 cubic teet 11ti" 16.110 allowance, 2,100 cubic feet, 114" 20.00 allowance, 2,600 cubic feet; 2" 32.00 allowance, 4,600 cubic feet; 3" 64.00 allowance, 10,600 cubic feet; 4" 100.00 allowance, 16,800 cubic feet; 6" 200.00 allowance, 36,800 cubic feet; and 8" 320.00 allowance, 62,500 cubic feet. (B) Water rates for users within the City of Dubuque, Iowa, whose meters are read Bi -Monthly, shall be as follows: First 400 cubic feet per period, 53.00; Next 1,600 cubic feet per period .75 per hundred cubic feet; Next 4,000 cubic feet per period .75 per hundred cubic feet; Next 24,000 cubic feet per period, .57 per hundred cubic feet; Next 70,000 cubic feet per period, .50 per hundred cubic feet; Next 100,000 cubic feet per period .43 per hundred cubic feet; and Over 200,100 cubic feet per period, .38 per hundred cubic feet. The Minimum Bi -Monthly charge ac- cording to size of meter shall be as follows: %" $3.00 allowance, 400 cubic feet; 1i" 12.00 allowance, 1,600 cubic feet; I" 20.00 allowance, 2,600 cubic feet; 14" 32.00 allowance, 4,200 cubic feet; 144" 40.00 allowance, 5,300 cubic feet; and 2" 64.00 allowance, 9,310 cubic feet. Section 2. That Ordinance No. 15-76 be and the some is hereby amended by repealing Section 2 thereof and enacting a new Section 2 in lieu thereof to provide as follows: "Section 2. Commencing with all meter readings on and after July 9th, 1976, the rates to be charged for water supplied by the City Water Department to residential, commercial, industrial and other uses and purposes by any person, firm or corporation, outside the corporate limits of the City of Dubuque, Iowa shall be the some rates provided in Section 1, hereof plus an additional fifty (50%) per cent to the rates listed in Section 1, hereof ." Section 3. This ordinance shall be in full force and effect on July 9th, 1976 after its passage, adoption and publica- tion as required by law. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Meeting of July 6, 1976 327 ATTEST: Leo F. Frommelt City Clerk published officially in the Telegraph Herald Newspaper this 9th day of July 1976, Leo F. Frommelt City Clerk It 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Andy Frommelt request- ing consideration in the possible pur- chase of Lot 51 in Rosedale Addn., pre- sented and read. Councilman Stackis moved that the petition be received and filed and referred to the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Rotary Club requesting permission to conduct an Auction in the Town Clock Plaza either September 18th or 25th, 1976, presented and read. Councilman Wertzberger moved to suspend the rules to let an- yone present address the Council if they so desire, Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Mr. Don Osborne spoke to the Coun- cil relative to the petition. Councilman Tully moved that the petition be referred the the City Manager for recommendation. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Leo A. Adams et at (25 signatures) indicating that they are now in favor of resurfacing of English Lane during 1976 after reconsideration of being against resurfacing a previous Petition, presented and read. Paul Fitzsimmons and Tom Goodman of English Lane area addressed the Council relative to the petition. Mayor Lundh moved that the petition be received and filed and referred to the City Manager for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilman Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of John Glynn et al (9 signers) requesting installation of a street light between Pennsylvania & Illinois Streets, presented and read. Mayor Lundh moved that the petition be received and filed and Manager's recommendation for installation be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Anna Kenniker et al (191 signers), a group of senior citizens, requesting establishment of reduced water rates, presented and read. Coun- cilman Stackis moved that the petition be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Charles Hemmer et ux requesting vacation of alley behind Lots 11 & 12 in Watters Subdivision, pre- sented and read. Councilman Stackis moved that the petition be referred to the City Manager. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Jane Skelly, Clarke Social Board Chairperson, requesting permis- sion to conduct their Homecoming par- ade on October 9, 1976, presented and read. Mayor Lundh moved that the pe- tition be received and filed and ap- proved andreferred to the City Manager for coordination. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for recon- struction of Jackson Street from 12th to 22nd Street, presented and read. Coun- cilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. 328 Meeting of July 6, 1976 June 29, 1976 To the Honorable Mayor and City Council Pursuant to vour instructions, sealed proposals were received until 10:00 a.m., C.D.T., Friday .tune 25, 1976 for the reconstruction of Jackson Street from 12th Street to 22nd Street. The low bid was submitted by Tschiggfrie Excavating of Dubuque, Iowa with a bid of $74,586.23. This bid is 45.2% under the Engineer's Estimate. 1 recommend that the contract for the improvement be awarded to Tschiggfrie Excavating of Dubuque. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation approved. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Awarding Contract) RESOLUTION NO. 239.76 WHEREAS, sealed proposals have been submitted by contractors for the reconstruction of Jackson Street from 12th Street to 22nd Street pursuant to Resolution No. 195-76 and notice to bidders published in a newspaper pub- lished in said City on June 3, 1976; June 10, 1976 and June 17, 1976; and WHEREAS, said sealed proposals were opened and read on June 25, 1976, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque in the amount of $74,586.23 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 therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im. provement be awarded to Tschiggfrie Excavating, subject to the concurrence of the Federal Highway Administration and the Manager be and he is hereby directed to execute a contract 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 and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the fol. lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 1, 1976 Honorable Mayor and City Council In accordance with my letter of May 5, 1976, the enclosed resolution for ap. proval of the City of Dubuque 1975/76 fiscal year audit is submitted for your approval. G. D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 240-76 A resolution for approval of the City of Dubuque financial audit for the fiscal year beginning July 1, 1975, through June 30, 1976. WHEREAS, Section 11.18, Code of Iowa, provides that the financial condi- tion and transactions of all cities and city officials shall be examined at least once per year; WHEREAS, examinations may be made by the Auditor of the State, or in lieu thereof, the local governing body may employ certified public accoun- tants, registered in the State of Iowa; and so notify the Auditor of State within sixty days after the close of the fiscal year to be examined: NOW THEREFORE, BE IT RE. SOLVED that the Certified Public Ac- counting Firm of O'Connor, Brooks and Company of Dubuque, Iowa, be en- gaged to audit the financial condition and transactions of the WaterUtility, Parking and Sewage Facilities, for the Fiscal period beginning July 1, 1975, Meeting of July 6, 1976 through June 30, 1976; BE IT FURTHER RESOLVED that the Auditor of State be requested to examine the financial conditions and transactions for all other city funds and official transactions for the fiscal period beginning July 1, 1975, through June 30, 1976. Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 241-76 Authorizing the sale, Issuance and delivery of the project notes In the aggregate principal amount of $364,000 and the execution of requisition agreement no. 3-76 In connection with the Downtown Urban Renewal Project project no. Iowa R-15 WHEREAS, the City of Dubuque (therein called the "Lccal Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low -rent housing or redevelopment project(s) described in the Contract and herein called the "Project"; and 329 WHEREAS, pursuant to advertise- ment for the receipt of proposals for the purchase of the Third Series 1976 of Project Notes (herein sometimes called "New Project Notes") of the Local Issu. ing Agency aggregating $384,000, which appeared in a Notice of Sale published on June 8, 1976, and June 15, 1976, in the Telegraph -Herald in the City of Dubuque, Iowa, and in the Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said ad- vertisement, to wit: at Council Chambers, City Hall, 13th and Iowa, in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T. on June 22, 1976, which proposals are as follows: (See chart at bottom of page.) NOW THEREFORE, BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publication of the Notice of Sale and the form and contents thereof as so published are hereby, in all respects, approved, rat- ified and confirmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby deter- mines to borrow the sum of Three Hundred Eighty -Four Thousand Dollars ($384,000) and issue its negotiable Project Nntes therefor. Section 3. The Local Issuing Agency hereby ratifies and approves the form of each proposal hereinafter in this Section 3 enumerated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Name of Bidder Key City Bank and Trust Company, Dubuque, Iowa Bank of America NT & SA, San Francis- co, Bankers Trust Company, Continen- tal Illinois National Bank & Trust Com. pany of Chicago, Merrill, Lynch, Pierce, Fenner & Smith, Inc. Lhemical Bank, A.G. Becker & Lo., Mu- nicipal Securities, Inc. Salomon Brothers, Morgan Guaranty Trust Co, of New York Interest Principal premium Rate Amount 2.77% $384,000 0 2.93% $384,000 $8.00 3.09% $384,000 $3.00 3.09% $384.00 0 330 Meeting of July 6, 1976 Principal Interest Purchaser Amount Rate Key City Bank and Trust $384,000 2.77% Company, Dubuque, Iowa Section 4. Each Note shall be dated July 20, 1976, shall be payable as to both principal and interest to bearer, on November 12, 1976, and, pursuant to each proposal for the purchase of said Notes herein accepted, shall bear the rate of interest per annum, payable at Interest Denominations Rate maturity; shall bear the numbers and be in the denominations; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust company, as follows: Purchaser Numbers Key City Bank and Trust Company, Dubuque, Iowa 1.3 $100,000 $84,000 None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency impressed, imprinted or re- produced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause said Notes to be properly executed. Section S. Each such Note shall be in substantially the form of HUD -9010, which is incorporated herein by refer- ence, and shall be secured by an agreement entitled "Requisition Agreement No. 3-76" (herein called the "Requisition Agreement"), is substan- tially the form of HUD -9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Government. Section 6. The Requisition Agreement shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, im- printed or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and di- rected to cause the Requisition Agreement to be properly executed. Section 7. For the punctual payment of the principal of and interest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevoca- bly promises to pay any sums which may be received from the Government pursuant to the Requistion Agreement relating to such series of Project Notes Payable At $2.77% Key City Bank and Trust Company Dubuque, Iowa and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Issuing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contribu- tions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obligations", "Ad- vance Notes' or "Permanent Notes") as issued in connection with the Project are hereby irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and termin- ate when monies or investment securi- ties convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the prupose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent or agents forsuch Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with the provi- sions of the Requisition Agreement. Section 9. The City Treasurer is here- by authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substan- tially the form of HUD -9004, which is incorporated herein by reference, and to transmit therewith (a) the New Project Notes for which the addressee invent end ing agent for delivery and pay (b) a signature certificate and receipt, in accordance with the terms of said letter, Meeting of July 6, 1976 and to take such other actions as may be required to complete the delivery trans- action in accordance with the terms of the letter to the paying agent. passed, approved, and adopted this 6th day of July. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger .tames E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to file a request for release of funds for certification of certain projects from HUD, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Community Development Projects, presented and read. No written objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. .lune 29, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the proposal of the Community Develop- ment Department to undertake con- centrated residential rehabilitation pro- grams proposed for four neighborhoods, as follows: 1) West Fourth Street; 2) West Eleventh Street; 3) Washington Street Neighborhood, and 4) North Dubuque Neighborhood (partial). The Commission has found that the areas selected for residential rehabilita- tion are shown upon the Comprehen- sive Plan as residential areas, and that 331 the proposed program is therefore in conformance with that plan. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 242-76 Approving the Neighborhood Im- provement Plan for the Fourth Street Neighborhood Community Development Project WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may undertake projects for utilizing appropriate public and private resources to eliminate slums and to prevent the development or spread of slums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended that the governing body may approve a project if it finds that a. A feasible method exists for the loca- tion of families who will be displaced from the area into decent, safe and sanitary dwelling accommodations within their means and without un- due hardship to such families; b. The neighborhood improvement plans conform to the general plan of the municipality as a whole' ' and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the Fourth Street Neighborhood Commun- ity Development Project and encom- passing the area bounded and described as follows: Beginning at the intersection of the southerly right-of-way line of Dodge Street and the westerly right-of-way line of Bluff Street as extended; thence easterly along the southerly right-of-way line of 332 Meeting of July 6, 1976 Dodge Street to its intersection with the easterly right-of-way line of Iowa Street; thence northerly along the easterly right-of-way line of Iowa Street to its intersection with the northerly right-of-way line of First Street; thence westerly along the northerly right-of-way line of First Street to its intersection with the easterly right-of-way line of the alley between Main and Iowa Streets; thence northerly along the easterly right-of-way line of the alley between Main and Iowa Streets to its intersection with the northerly right-of-way line of Fourth Street; thence westerly along the northerly right-of-way line of Fourth Street to its intersec. tion with the easterly right-of-way line of Locust Street; thence north- erly along the easterly right-of-way line of Locust Street to its intersec. tion with the northerly right-of- way line of Ninth Street; thence westerly along the northerly right-of-way line of Ninth Street to its intersection with the easterly right-of-way line of Prospect Street as extended; thence southerly along a line from said intersection to the intersection of the southerly right-of-way line of Dodge Street and the westerly right-of-way line of Bluff Street as extended, which is the point of beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque has made preliminary studies of the loca- tion, physical condition of the struc- tures, land use and environmental con- ditions of the Fourth Street Neighbor- hood Community Development Project area and has determined that the area is a blighted and deteriorating area and that it is detrimental to the inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 46% of the structures were found to contain deficiencies, that 17% of the structures are in need of major repair, that 29% of the structures are in need of minor repair and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque A Neighborhood Im- provement Plan for the Fourth Street Neighborhood Community Develop- ment Project; and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be dis. placed as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, IA: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Fourth Street Neighborhood Com- munity Development Project area, it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area sub- stantially impairs or arrests the sound growth of the City by reason of deter- iorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the general plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for the revitalization of the Project area by private enterprise. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Meeting of July 6, 1976 RESOLUTION NO. 243-76 Approving the Neighborhood Im- provement Plan for the Eleventh Street Neighborhood Community Development Project WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may undertake projects for utilizing appropriate public and private resources to eliminate slums and to prevent the development or spread of slums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended, that the governing body may approve a project if it finds that a. A feasible method exists for the loca- tion of families who will be displaced from the area into decent, safe and sanitary dwelling accommodations within their means and without un- due hardship to such families; b. The neighborhood improvement plans conform to the general plan of the municipality as a whole ' ' '; and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the Eleventh Street Neighborhood Com- munity Development Project and en- compassing the area bounded and de- scribed as follows: Beginning at the intersection of the easterly right-of-way line of Bluff Street and the southerly right-of- way line of Ninth Street; thence northerly along the easterly right- of-way line of Bluff Street to its intersection with the northerly right-of-way line of Fourteenth Street; thence westerly along the northerly right-of-way line of Fourteenth Street (also known as Loras Boulevard) to its intersection with the westerly right-of-way line of Alta Vista Street; thence south. erly along the westerly right-of- way line of Alta Vista Street to its intersection with the southerly right-of-way line of University Avenue; thence easterly along the southerly right-of-way line of 333 University Avenue and the south- erly right-of-way line of Ninth Street to its intersection with the easterly right-of-way line of Bluff Street, which is the point of beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque has made preliminary studies of the loca- tion, physical condition of the struc. tures, land use and environmental con. ditions of the Eleventh Street Neigh- borhood Community Development Project area and has determined that the area is a blighted and deteriorating area and that it is detrimental to the inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 60% of the structures were found to contain deficiencies, that 13% of the structures are in need of major repair, that 43% of the structures are in need of minor repair and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque a Neighborhood Im- provement Plan for the Eleventh Street Neighborhood Community Develop- ment Project; and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion tound that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be dis- placed as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Eleventh Street Neighborhood Community Development Project area, it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area sub- stantially impairs or arrests the sound growth of the City by reason of deter- iorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan 4 Meeting of July 6, 1976 vq:tt the minutes of this meeting. S 3. That it is hereby found and letermined that the Neighborhood Plan for the Project area conforms to the general plan for the development of the City, as a whole. Secdon 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for the revitalization of the Project area by private enterprise. Passed, approved and adopted tors 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 244-76 Approving the Neighborhood Im- provement Plan for the Washing- ton Street Neighborhood Com- munity Development Project WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may under- take projects for utilizing appropriate public and private resources to elimi- nate slums and to prevent the develop- ment or spread of slums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating struc- tures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended, that the governing body may approve a project if it finds that a. A feasible method exists for the location of families who will be dis- placed from the area into decent, safe and sanitary dwelling accommoda. tions within their means and without undue hardship to such families; b. The neighborhood improvement plans conform to the general plan of the municipality as a whole • • •: and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the Washington Street Neighborhood Community Development Project and encompassing the area bounded and described as follows: Beginning at the intersection of the southerly right-of-way line of Eleventh Street and the westerly right-of-way line of Central Ave- nue; thence easterly along the southerly right-of-way line of Eleventh Street to its intersection with the easterly right-of-way line of Elm Street; thence northerly along the easterly right-of-way line of Elm Street to its intersection with the southerly right-of-way line of Fourteenth Street; thence east- erly along the southerly right- of-way line of Fourteenth Street to its intersection with the easterly right-of-way line of Sycamore Street thence northerly along the easterly right-of-way line of Sycamore Street to its intersection with the northerly right-of-way line of Sixteenth Street; thence westerly along the northerly right-of-way line of Sixteenth Street to its inter. section with the easterly right-of- way line of Elm Street. thence northerly along the easterly right- of-way line of Elm Street to its intersection with the northerly right-of-way line of Twentieth Street; thence westerly along the northerly right-of-way line of Twentieth Street to its intersection with the westerly right-of-way line of Central Avenue; thence souther- ly along the westerly right-of-way line of Central Avenue to its inter. section with the southerly right-of-way line of Eleventh enh Street, which is the point beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque has made preliminary studies of the loca- tion, physical condition of the struc- tures, land use and environmental con. ditions of the Washington Street Neighborhood Community Develop- ment Project area and has determined that the area is blighted and deteriorat- ing area and that it is detrimental to the Meeting of July 6, 1976 inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 74'%, of the structures were found to contain deficiencies, that 49% of the structures are in need of major repair, that 24% of the structures are in need of minor repair, and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque a Neighborhood Im- provement Plan for the Washington Street Neighborhood Community Development Project; and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be dis- placed as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Washington Street Neighborhood Community Development Project area, it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area sub- stantially impairs or arrests the sound growth of the City by reason of deter- iorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the general plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for the revitalization of the Project area by Private enterprise. Passed, approved and adopted this 6th day of July, 1976. Alvin E . Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Emil Stackis Councilmen 335 ATTEST: Leo Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council. man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. P.ESOLUTION NO. 245-76 Approving the Neighborhood Im- provement Plan for the North Dubuque Neighborhood Com - mu,, ity Development Project (Ana WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may undertake projects for utilizing appropriate public and private resources to eliminate slums and to prevent the development or spread of slums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended, that the governing body may approve a project if it finds that a. A feasible method exists for the location of families who will be dis- placed from the area into decent, safe and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; b. The neighborhood improvement plans conform to the general plan of the municipality as a whole ' ' and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the North Dubuque Neighborhood Com- munity Development Project (Area 2A) and encompassing the area bounded and described as follows: Beginning at the intersection of the Meeting of July 6, 1976 southerly right-oi-way line of Twentieth Street and the westerly right-of-way line of Central Ave- nue; thence easterly along the southerly right-of-way line of Twentieth Street to its intersection with the easterly right-of-way line of Elm Street: thence north along the easterly right-of-way line of Elm Street to its intersection with the southerly right-of-way line of Twenty -Second Street; thence east- erly along the southerly right-of- way line of Twenty -Second Street to its intersection with the easterly right-of-way line of the southerly extension of Pinard Street; thence northerly along the easterly right- of-way line of the southerly exten- sion of Pinard Street and along the easterly right-of-way line of Pinard Street to its intersection with the northerly right-of-way line of Twenty -Seventh Street; thence westerly along the northerly right -of-way line of Twenty -Seventh Street to its intersection with the westerly right-of-way line of Cen- tral Avenue; thence southerly along the westerly right-of-way line of Central Avenue to its intersec- tion with the northerly right of way line of Diagonal Street; thence westerly along the northerly right of -way line of Diagonal Street to its intersection with the westerly right-of-way line of Broadway Street; thence southerly along the westerly right-of-way line of Broadway Street to its intersection with the southerly right-of-way line of Twenty -Fourth Street; thence easterly along the southerly right- of-way line of Twenty -Fourth Street to its intersection with the westerly right-of-way line of Cen- tral Avenue; thence southerly along the westerly right-of-way line of Central avenue to its intersection with the northerly right-of-way line of Twenty -Third Street; thence westerly along the northerly right-of-way line of Twenty -Third Street to its intersection with the northerly extension of North Main Street: thence southerly along the northerly extension of North Main Street and along North Main Street to its intersection with the south- erly right-of-way line of Twenty - Second Street; thence easterly along the southerly right-of-way line of Twenty -Second Street to its intersection with the westerly right-of-way line of Central Ave. nue; thence southerly along the westerly right-of-way line of Cen. tral Avenue to its intersection with the southerly right-of-way line of Twentieth Street, which is the point of beginning. all in the City of Dubuque. State of Iowa: and WHEREAS, the City of Dubuque has made preliminary studies of the loca. tion, physical condition of the struc- tures, land use and environmental con. ditions of the North Dubuque Neigh. borhood Community Development Project (Area 2A) and has determined that the area is a blighted and deterior- ating area and that it is detrimental to the inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 48% of the structures were found to contain deficiencies, that 12% of the structures are in need of major repair, that 35% of the structures are in need of minor repair and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque a Neighborhood Im- provement Plan for the North Dubuque Neighborhood Community Develop- ment Project (Area 2A); and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as whole; and WHEREAS, it is not proposed that any individuals or families will be displaced as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the North Dubuque Neighborhood Community Development Project area (Area 2A), it is hereby found and deter. mined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area substantially impairs or arrests the sound growth of the City by reason of deteriorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan Meeting of July 6, 1976 with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the general Plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for the revitalization of the Project area by private enterprise. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 246-76 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Develop- ment Block Grant Projects WHEREAS, the City of Dubuque under dates of May 15, 1975, and June 9, 1976, entered into Grant Agreements B -75 -MC -19-0004 and B-76-MC-19-OOO4 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the Citv 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 projects hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: 337 SECTION 1. That the City Clerk be and he is hereby authorized and di. rected to publish a Notice of Finding of No Significant Effect on the Environ- ment for the following identified projects, and to make the Environ- mental Review Record for each of the said projects available for public in- spection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Rehabilitation Loan and Grant Pro. gram in Four Community Develop- ment Project Areas Emergency Home Repair Program in Four Community Development Project Areas Tool Lending Library Sponsored by Washington Tool Library, Inc., a non-profit corporation SECTION 2. That the City of Du- buque hereby declares its intent to adopt a resolution on August 2, 1976, authorizing the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds authorized under Title I of the Housing and Community Development Act of 1974, to undertake the projects. Passed, approved and adopted this 6th day of July. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community Development Block Grant Program, the City of Dubuque has prepared Notices of Finding of No Significant Effect on the Environment for the Projects iden- tified as follows to be undertaken under Title 1 of the Housing and Community Development Act of 1974. Rehabilitation Loan and Grant Program in Four Community Development Project Areas Emergency Home Repair Program in Four Community Development Project Areas Tool Lending Library Sponsored by Washington Tool Library, Inc., a non-profit corporation The City of Dubuque has found that these Projects have no significant effect 338 Meeting of July 6, 1976 on the environment based on the fol- lowing facts and reasons. I. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commitment of resources, known views of local groups, measures which can be instituted to lessen po- tential adverse impacts and to enhance the environment; 3. No loss of unique environmental resources; 4. No irreversible development trends; 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties possess- ing historical, archaeological, architec- tural or cultural significance. The City of Dubuque has made an Environmental Review Record for each of the Projects, and has placed these records on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa. These environ- mental records are available for ex- amination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dubuque intends to request the U.S. Department of Housing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Friday, July 30, 1976, addressed to Alvin E. Lundh, Mayor of the City of Dubuque, City Hall, 13th and Iowa Streets, Dubuque, Iowa 52001. Dated and Published July 7, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Citizens Advisory Committee, by Howard O. Hagen, ex- pressing various concerns of the Com- mission members as to the use of the City Hall Building, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Mayor Lundh further moved that the proposal to house City Government be referred to the Advisory Commission for further study. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. A RESOLUTION approving and en- dorsing Dubuque Advisory Commis- sion's recommendations and urging public official support, covering fire- arms control presented and read. Councilman Stackis moved that the resolution be tabled to the Council Meeting of July 19, 1976. Seconded by Mavor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Nays — None. June 30, 1976 To the Honorable Mayor and City Council Enclosed please find the preliminary plans, specifications, and estimate for the reconstruction of the Cooper Street Steps. 1 would recommend that the project be divided into two phases, the first of which would be the reconstruction of the steps and sidewalk upon the property presently owned by the City of Dubuque. The second phase would in- clude the deeding of the two and one- half lots to the City for use as a park- way, and the subsequent clearing of brush and undergrowth in the pathways leading from the steps to the northeast corner of the parkway. Phase I would be done by a private contractor at an estimated cost of $9,562.80. Phase 11 could start in late summer and would initially be effected using CETA personnel in the clearing of brush and in preliminary pathway con- struction. The remainder of the path- way construction would be completed during the next fiscal year. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Meeting of July 6, 1976 Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Paul Gruber addressed the Council relative to the Cooper Street Steps Project. RESOLUTION NO. 247-76 PRELIMINARY APPROVAL of plans, specifications, form of contract, plat and etc. for the construction of Cooper Place Steps from West Fifth Street to Cooper Place, in the estimated amount of $9,562A0, presented and read. Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 248-76 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The steps to be improved. 2. The width of such improvement, and the size and kind of sewers. 3. 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. Cooper Place Steps from West Fifth Street to Cooper Place. BE 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 herein men- tioned 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, 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 prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid out of Revenue Sharing Fund. The above resolution was introduced, approved and ordered placed on file 339 with the City Clerk this 6th day of July, 1976. Approved and placed on file for final action. Approved; Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Fixing date of hearing) RESOLUTION NO. 249-76 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 247-76 given its preliminary 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 construction of: Cooper Place Steps from West Fifth Street to Cooper Place and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August 1976, a public hearing will be held at 7:30 o'clock P.M. DST in the Council Chamber in the City of Dubuque at which time persons may appear and make objection to the proposed plans and specifications and proposed form of contract t9 the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper published in the city of Dubuque, no less than four nor more than 20 days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. 340 Meeting of July 6, 1976 Passed, adopted and approved this 6th day of July. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 250-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a resolution of necessity No. 248-76 which was duly passed by this Council, for the construction of: Cooper Place Steps from West Fifth Street to Cooper Place be and the same are hereby or- dered 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 accor- dance 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 from Revenue Sharing Funds after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to Proceed has been issued. 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 Council. Passed, adopted and approved this 6th day July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. June 21, 1976 To the Honorable Mayor and City Council We are submitting for your approval the preliminary estimates, Schedule of Valuation and proposed assessment, plans and specifications and Resolution of Necessity for the following project: West 32nd Street Sanitary Sewer, from Carter Road westerly to John F. Kennedy Road. We recommend that the final plans and specifications as submitted be accepted. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 251-76 APPROVAL OF PRELIMINARY ES. TIMATE of plans, specifications, form of contract, plat and schedule, etc., for the construction of West 32nd Street Sanitary Sewer from Carter Road west- erly to J. F. Kennedy Road, in the es- timated amount of $224,870.58, present- ed and read. Councilman Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 252-76 BE IT RESOLVED by the City COun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets number I to 4 inclusive, are hereby determined to be the schedule of proposed assessments for the City of Dubuque. Iowa, West 32nd Street Sani- tary Sewer Extension, and the valua- tions set out therein are hereby approved. Meeting of July 6, 1976 ADOPTED THIS 6th DAY OF July 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 253-76 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Each lot proposed to be assessed together with a valuation fixed by the council. 2. 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. 3. In each case the amount thereof which is estimated to be assessed against each lot, for the West 32nd Street Sanitary Sewer Extension. BE 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 herein men- tioned 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 proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been 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 assessed upon and against gill Privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount 341 provided by law, property will be as. sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of July, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Fixing date of hearing) RESOLUTION NO. 254-76 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolu- tion No. 251-76 given its preliminary 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 West 32nd Street Sanitary Sewer and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August 1976, a public hearing will be held at 7:30 o'clock P.M. C.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against 342 of July 6, 1976 any lot and to the passage of the proposed Resolution of Necessitv and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, no less than four nor more than 20 days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Discussion of possible shelf projects relative to public works on the Coun- tercycle Bill including Potting House Greenhouse, Tennis Courts, Industrial Island Fill, Roosevelt and Marshal Parks, Urban Renewal, Sidewalk Pro- gram, Storm Sewers, City Garage, San- itary Sewers and Street Lighting were held. COUNCIL RECESSED AT 9:45 P.M. RECONVENED AT 9:54 P.M. July 2, 1976 Honorable Mayor and City Council I have reviewed the bids received for the construction for the Water Plant Expansion and the Solids Handling Facilities and recommend that con- tracts for these improvements be awarded to the J.P. Cullen & Son Con- struction Corporation who submitted the low bid. The J.P. Cullen bid was: Plant Expansion ...... $3,837,322 Solids Handling ....... 2,060,737 $5,898,059 Also, included in the bid is a deduction of $100,000 from the bid price if both projects are awarded to the Cullen Corporation. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady. Stackis, Tully. Wertzberger. Nays — None. RESOLUTION NO. 255-76 RESOLUTION providing for the award of contracts for furnishing improvements and extensions to the municipal waterworks plant and system. WHEREAS pursuant to notice pub- lished in the manner and form required by law, bids and proposals were received by the City of Dubuque. Iowa, on June 29, 1976, for the construction of improvements and extensions to the municipal waterworks plant and system in and for said City, consisting generally of Item 1 (Water Treatment Plant Ex- pansion) and Item 2 (Water Plant Solids Handling Facilities), together with necessary appurtenances and accessor- ies, all in accordance with the plans and specifications theretofore prepared by Henningson, Durham & Richardson, Engineers, Omaha, Nebraska, and Cul- len, Kilby, Carolan & Associates, P.C., Dubuque, Iowa, and filed with the City Clerk on May 10, 1976; and WHEREAS all of said bids and proposals have been carefully con- sidered and it is necessary and advisable that provision be made for the award of contracts for the construction of said improvements and extensions; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That it is hereby found, determined and declared that the bid of J.P. Cullen & Son Construction Corpor- ation of Janesville, State of Wisconsin, in the amount of $3.837,322. for Item (Water Treatment Plant Expansion) of the improvements and extensions to the municipal waterworks plant and system of the City of Dubuque. Iowa, as provided for in the plans and specifica- tions referred to in the preamble hereof, is for the best interests of the Citv of Dubuque, Iowa, and same is hereby accepted. found, Section 2. That it is hereby determined and declared that the bid of Meeting of July 6, 1976 J.P. Cullen & Son Construction Cor- poration, of Janesville. State of Wis- consin, in the amount of $2,060,737 for Item 2 (Water Plant Solids Handling Facilities with Vacuum Filters) of the improvements and extensions to the municipal waterworks plant and system of the City of Dubuque, Iowa, as provided for in the plans and specifica- tions referred to in the preamble hereof, is for the best interests of the City of Dubuque, Iowa, and same is hereby accepted. Section 3. That it is hereby found, determined and declared that each of the bids accepted in the preceding sec- tions of this resolution is fully respon- sive to the original plans and specifica- tions for these improvements as prepared by Henningson, Durham & Richardson, Engineers, and Cullen, Kilby, Carolan & Associates, P.C., as referred to in the preamble hereof, and as filed with the City Clerk on May 10, 1976. Section 4. That the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Dubuque, Iowa, with the abovemen- tioned contractors for constructing the above described improvements and extensions in the amounts hereinabove stated and to affix the corporate seal of said City to said contracts, said con- tracts to be in the form provided in the plans and specifications referred to in the preamble hereof. Section S. That all resolutions and orders or pans thereof in conflict here- with be and the same are hereby repealed to the extent of such conflict. Passed and approved July 6, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 6, 1976. Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 256-76 RESOLUTION to fix a date for the initiation of proceedings for the Issuance of $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa. WHEREAS the City of Dubuque, in Dubuque County, Iowa, did heretofore 343 establish a municipal waterworks plant and system in and for said City which has for many years been supplying water and water service to said City and its inhabitants, and the management and control of said plant and system is vested in the City Council of said City and no board of trustees has ever been created for this purpose; and WHEREAS, for the purpose of de- fraying the cost of necessary im• provements and extensions to the municipal waterworks plant and system of said City, Water Revenue Bonds, 1962 Series, of said City were heretofore issued under date of October 1, 1962, of which bonds in the amount of $105,000 are now outstanding, numbered 296 to 400, inclusive, of the denomination of $1000 each, bearing interest at the rate of Two and eighty-five hundredths per cent (2.85%) per annum and maturing on December 1, 1976, and accumulated revenues of the plant and system are now on hand in an amount sufficient to pay the principal of all of said out- standing bonds and all interest which will accrue thereon at and prior to ma- turity; and WHEREAS, in order to make it pos- sible for the City to pay the cost of additional improvements and exten- sions which must now be constructed to maintain and operate the plant and system in an efficient manner, said ac- cumulated revenues are being ordered set aside in a special escrow account pledged solely and only for the payment of said bonds and interest, and there are no other bonds or obligations now out- standing which are payable from the revenues of said utility; and WHEREAS it has been found essen- tial, necessary and desirable that addi- tional improvements and extensions to said municipal waterworks plant and system be constructed consisting gen- erally of: 1. Water Treatment Plant Expansion, complete with aerators, upflow clar- ifiers, rapid sand filters, chemical feed systems, control system, pneumatic chemical handling system and exist- ing plant modifications, electrical and mechanical; 2. Water Plant Solids Handling Facili- ties with Filters, complete filter building with filters complete as specified, pumps, tanks, conveyors, motor control center, sludge thicken- ing clarifiers with dome covers, waste backwash water pumps, sludge blow - down pumps, lift station with wet well and clear water return pumps, elec- trical and mechanical; 344 Meeting of July 6, 1976 all as contemplated by plans and specifications therefor prepared by Henningson. Durham & Richardson, Inc., Engineers, Omaha, Nebraska, and Cullen, Kilby, Carolan & Associates, P.C., Dubuque. Iowa, and now on file in the office of the City Clerk, the estimat- ed costs whereof are $5,898,059, and it is necessary that said City issue its reve- nue bonds to pay the cost, to the amount of $5,700,000, of constructing said improvements and extensions; and WHEREAS for the purpose of paying the cost of said improvements and ex- tensions, to the amount of $5,700,000, all as foresaid, it is proposed to issue at this time Water Revenue Bonds, 1976 Series, of said City in the amount of $5,700,000 which shall be payable from the net revenues of the municipal waterworks plant and system of said City, but be- fore proceedings for the issuance of such bonds are initiated it is necessary to fix a date of meeting of this City Council at which it is proposed to take action for this purpose and to give notice thereof as required by Section 384.83 of the Code of Iowa, 1975, as amended; NOW, THEREFORE, Be It and It is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Council meet on the 19th day of July, 1976, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., at which time and place proceedings will be instituted and action taken for the issuance of Water Revenue Bonds, 1976 Series, of said City in the principal amount of $5,700,000 for the purpose of paying the cost, to that amount, of constructing improvements and exten- sions to the municipal waterworks plant and system of said City, as referred to in the preamble hereof. Section 2. That the City Clerk is hereby directed to give notice of the proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by publication at least once not less than four (4) nor more than twenty (20) days before the date of said meeting in the "Telegraph Herald", a legal news- paper published in the City of Dubuque, Iowa, and having a general circulation in said City. Said notice shall be in substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF WATER REVENUE BONDS, 1976 SERIES The City Council of the City of Dubuque, Iowa, will meet on the 19th day of July, 1976, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., at which time and place proceedings will be instituted and action taken for the issuance of $5,700,000 Water Revenue Bonds, 1976 Series, of said City for the purpose of paying the cost, to that amount, of constructing improvements and exten- sions to the municipal waterworks plant and system of said City as contemplated by plans and specifications now on file in the office of the City Clerk of said City. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but said bonds, together with any additional bonds of said City as may be hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable solely and only from the future net revenues of the municipal waterworks plant and system of said City At the time and place fixed for said meeting, as set forth above, the City Council of said City will receive oral or written objections from any resident or property owner of the City. By order of the City Council of the City of Dubuque, Iowa, this 6th day of July, 1976. Leo F. Frommelt City Clerk Section 3. That all orders or resolu- tions, or parts of orders or resolutions in conflict herewith be and the same are hereby repealed. Section 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed, for further consideration of the matters herein set forth. Passed and approved July 6, 1976. Alvin E. Lundh Mayor Attest: Leo F. Frommelt City Clerk Recorded July 6, 1976. Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 2s7.76 BE IT RESOLVED by the City COun- Meeting of July 6, 1976 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. Bar -X Inc., 2616 Windsor Avenue Earl G. Corbett, 408 West Locust Street Douglas L. Schlickman, 90 S. Locust Street John Dunbar, 504 Central Avenue Alice H. Erschen, 2617 University Avenue Mary K. Ford, 1027 Rhomberg Avenue Frank and John George, 1481 Dodge Street John F. Glynn, 760 East 16th Street The Great Atlantic and Pacific Tea Co., 3333 Asbury Road Douglas Heinen, 113 Main Street Montgomery Ward, 555 John F. Ken- nedy Road M. F. Morett, 3198 Central Avenue Richard J. Ring, 115 West I lth Street William H. Lammer, 2126 Central Avenue Lowrie E. Smith, 521 E. 22nd Street Trausch Baking Company, 25 Main Street Jerry Turner, 431 Rhomberg Avenue University of Dubuque - Peter Com- mons, 2050 University Avenue University of Dubuque - Student Union, 2050 University Avenue Merlin F. Heiar, 1900 Washington Street Clarence R. Jones, 1618 Central Avenue Julien Motor Inn, 200 Main Street R. & S. Enterprises, Inc., 485 Central Avenue Kathleen Wedig, 1399 Jackson Street Clarke College, 1550 Clarke Drive Dorothy R. Hentges, 2412 Central Avenue Steve Smith, 1105 University Avenue K -Mart Store 4018, 2600 Dodge Street Gary Schroeder, 2195 Central Avenue Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 345 RESOLUTION NO. 258-76 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 following applications 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 Clarence Richard Jones, Myers Tavern, 1618 Central Avenue Michael F. Pusateri, 2560 Dodge Street Cyril N. Meitl, Idle Hour, 1555 Central Ave. Passed, adopted and approved this 6th day of July 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — Councilman Tully: on Clar- ence Jones RESOLUTION NO. 259-76 WHEREAS, applications for Liquor Licenses were riled by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Clarence Richard Jones, Myers Tavern, 1618 Central Avenue Michael F. Pusateri, 2560 Dodge Street Cyril N. Meitl, Idle Hour, 1555 Central Ave. 346 of July 6, 1976 Passed, adopted and approved this 6th day of July 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt Citv Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — Councilman Tully, on Clar- ence Jones. I At 11:15 P.M. Councilman moved to go into Executive Session to discuss the Caradco Plant negotiations and Personnel. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mavor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. COUNCIL RECONVENED IN REGULAR SESSION AT 11:55 P.M. There being no further business, Councilman Wertzberger moved to ad- journ this meeting to the Council Meet- ing of July 19, 1976, at 7:30 P.M. in the Councit Chambers at City Hall. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved December 6, 1976 Adopted December 6, 1976 Special Session, .luly 12, 1976 34' CITY COUNCIL OFFICIAL Special Session, July 12. 1976. Council Met at 7:30 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady. Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Stackis. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is Called for the PUR- POSE OF ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THE MEETING. At 7:43 P.M. Councilman Tully mCto go into Executive Session to di the Caradco situation. Seconde Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully. Wertzberger. Nays — None. Absent — Councilman Stackis. Council Reconvened in Regular Ses- sion at 9:04 P.M. No public statement was issued. There being no further business, Councilman Tully moved to adjourn this meeting to July 20, 1976 at 4:00 P.M. in the Council Chambers at City Hall. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Leo F. Frommelt City Clerk Approved December 6, 1976 Adopted December 6, 1976 348 Adjourned Special Session, July 19, 1976 CITY COUNCIL OFFICIAL Adjourned Special Session, July 19, 1976, Council Met At 7:30 P.M. (C.D.T.) Present — Mayor Lundh. Council- men Stackis, Tully, Wertzberger. City Manager Giibed D. Chavenelle. Absent — Councilman Brady. Mavor Lundh read the call and stated that this meeting is AN ADJOURNED MEETING OF JULY 6, 1976, called for the purpose of CONDUCTING A HEAR- ING ON THE. ISSUANCE OF $5,700,000. WATER REVENUE BONDS and acting upon such other business as may properly come before a Regular Meeting of the Council. Mr. Randy Nigg and Dave Bonnett presented a progress report on the Five Flags Civic Center Referendum. Mayor Lundh accepted a special cita- tion Casualty Record Award for the City's achievement in the reduction of Pedestrian Fatalities from AAA. Communication of Dubuque '76 Inc. Board of Directors and Frank Licciardi requesting to make an official presenta- tion of the Seven Commissioned Bicen- tennial paintings, presented and read. Mr. Dennis Naughton submitted a history report relative to the seven paintings as accomplished by Frank Licciardi and constituting an official presentation of the seven commissioned Bicentennial paintings. Councilman Tully moved that the communication of Dubuque '76 Inc. Board of Directors be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Board of Dock Commissioners submitting minutes of their meeting of July 6, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of June 30, 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis. Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Rehabilitation Commission submitting minutes of their meeting of July 13, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of July 7, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Playground & Recreation Commission submitting minutes of their meeting of July 12, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Policy Committee of Dubuque Metropolitan Area Trans- portation Study submitting minutes of their meetings of April 22nd and June 24th, 1976, presented and read. Council- man Stackis moved that the minutes be received and filed. Seconded by cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Phyllis Tabak protesting the use of Channel 11 by KDUB, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Cable Commission and Teleprompter, e Seconded by Councilman Tully. by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Adjourned Special Session, July 19, 1976 349 July 19, 1976 To the 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 conduct- ed written examinations on May 11, 1976 and physical agility tests on June 15, 1976, for applicants to the FIRE DEPARTMENT. The following named applicants are hereby certified and are to be con- sidered for appointment in the following order: Laubscher, Robert K. Jr. Gau, Edward Alan Miller, Richard J. Loewen, Roger J. Hanten, Richard Berkley, Jon J. Kutsch, Patrick L. Jewett, William D. Lawler, Donald W. S. Carolyn Farrell John E. Hess Ray E. Harris Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of July 1976. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 19, 1976 To the 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 conduct- ed written examinations on April 27, 1976 and agility tests on June 8th & 9th, 1976, for applicants to the POLICE DEPARTMENT. The following named applicants are hereby certified and are to be con- sidered for appointment in the following order. Ferro, Glen R. Hanten, Richard O. Tenny, Phillip W. Giesmann, Paula D. Fischer, Francis M. Washburn, Kenneth D. Huekels, Join J. Berkley, Jon J. Golinvaux, Charles J. King, William R. We also have a second list of ten persons who have passed in reserve, next highest in standing in order of their grade that can be certified, if the above list is exhausted within one year. Sr. Carolyn Farrell John E. Hess Raymond E. Harris ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of July 1976. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 14, 1976 To the Honorable Mayor and Members of the City Council 1 have approved the following Sidewalk Construction Bonds and de- sire to have your approval of same. William Lugrain, $1000. Midwestern Casualty & Surety Co. from July 21, 1976 to July 21, 1977. M. F. Goerdt Construction Com- pany, U.S. Fidelity & Guaranty Com- pany, from June 24, 1976 to June 24, 1977. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 14,1976 Honorable Mayor and City Council I return to you the letter from the Dock Commission about the sale of track material near the Keystone Gela- tin Company. Mr. Ernest Roarig has investigated the value of the material and found it to be $8,000 to $9,1100. 350 Adjourned Special Session, July 19, 1976 If the material is to be sold, I recom- mend that the Dock Commission ad- vertise for bids to purchase the material and that a minimum acceptable bid be set at $8,500. 1 have sent a copy of this letter to the Dock Commission. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and procedure to advertise for bids be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 16, 1976 Honorable Mayor and Councilmen We herewith transmit six (6) copies of the completed "Annexation Study" narrative report. The report is a sum- mary and consolidation of information and materials presented to you at your three prior sessions that dealt with this matter. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzberger moved that the communication and Study be received and filed, referred to Council and Planning & Zoning Commission commended for work well done. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Dock Board recommending sale of property in Riverfront Subdivision Industrial Park to Thermo King Sales & Services, pre- sented and read. Councilman Stackis moved that the communication be referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Dubuque Area In- dustrial Development Corporation signed by Mayor Lundh, Dock Board Commissioner Moldenhauer, and Exec. Director Dorothy of DAIDC proposing certain actions for sale of Lot 9, Block I of Riverfront Sub. No. 5, 2.131 acres to Thermo King Sales & Service Co., Sale price of $44,535.36, presented and read. Councilman Stackis moved that the proposal be approved and communica. tion be referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Notice of Personal Injury Claim of Dolores Henkels, in the amount of $15,000., for injuries received in a fall on a defective sidewalk at 965 Main St. on May 27, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Notice of Car Damage Claim of Paula Kay Haas and Margaret L. Schueller, in the amount of $606.92, also expense incurred by driver of offending car, and City be requested to hold them harmless as the result of a City Employee turning on a City Water Hydrant at Marion & Cherokee Streets causing the street to become slippery on May 21, 1976, pre- sented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 12, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed amendment to Ordinance No. 32.75, known as the Zoning Ordinance and ZoningM hi f the City Dubuque, Iowa, ch proposes to repeal the requirement of public hearing on matters subject to variance and to direct the B notes of Adjustment to post the property tless than seven (7) days prior to the public meeting, with the prominent placement of a sign noting variance pending and the time and place of the meeting. Further, the Board shall be required to send certified mail notification to owners of property abutting the property for which variance is sought. Adjourned Special Session, July 19, 1976 351 The Commission has found the amendment appropriate and recom- mends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried b_y the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Section 6-107.3, Section 6.107.4 and Section 6-107.6 of Article VI thereof and enacting a new Section 6-107.3, Section 6-107.4 and Section 6-107.6 of Article VI in lieu thereof, to repeal the requirement of public hearing and notice to any property owners other than abutting property owners and to include the posting of property on mat- ters subject to the issuance of a var- iance, presented and read. Councilman Stackis 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 Lundh, Councilman Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 12, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on three amendments to the text of the Zoning Ordinance, which amendments propose that: 1) Section 4.119.5 Which prohibited residential use of property in Light Industrial Districts be repealed; 2) en4ctment of a new Section 5.102.3 which would establish yard setback requirements in Commercial and Light Industrial Districts; and 3) the repeal of Section 5.106 and the enactment of a new Section 5-106 to permit residential dwellings in Com- mercial and Light Industrial Districts. The amendments to the Ordinance text, which are attached, are designed to promote a compatible co -existence of business and residential uses in older neighborhoods with mixed-use characteristics. The City Planning and Zoning Com- mission has found the proposed amend- ments to be appropriate and recom- mend your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Subsection 1 of Section 4-119.5 of Article IV which prohibited Residential Use of property in the Light Industrial District, presented and read. Councilman Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 5-102.3 of Article 350 Adjourned Special Session, July 19, 1976 If the material is to be sold, I recom- mend that the Dock Commission ad- vertise for bids to purchase the material and that a minimum acceptable bid be set at $8,500. 1 have sent a copy of this letter to the Dock Commission. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and procedure to advertise for bids be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 16. 1976 Honorable Mayor and Councilmen We herewith transmit six (6) copies of the completed "Annexation Study" narrative report. The report is a sum- mary and consolidation of information and materials presented to you at your three prior sessions that dealt with this matter. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzberger moved that the communication and Study be received and filed, referred to Council and Planning & Zoning Commission commended for work well done. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Dock Board recommending sale of property in Riverfront Subdivision Industrial Park to Thermo King Sales & Services, pre- sented and read. Councilman Stackis moved that the communication be referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Communication of Dubuque Area in- dustrial Development Corporation signed by Mayor Lundh, Dock Board Commissioner Moldenhauer, and Exec. Director Dorothy of DAIDC proposing certain actions for sale of Lot 9, Block I of Riverfront Sub, No. 5, 2.131 acres to Thermo King Sales & Service Co., Sale price of $44,535.36, presented and read. Councilman Stackis moved that the proposal be approved and communica. tion be referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Notice of Personal Injury Claim of Dolores Henkels, in the amount of $15,000., for injuries received in a fall on a defective sidewalk at 965 Main St. on May 27, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Notice of Car Damage Claim of Paula Kay Haas and Margaret L. Schueller, in the amount of $606.92, also expense incurred by driver of offending car, and City be requested to hold them harmless as the result of a City Employee turning on a City Water Hydrant at Marion & Cherokee Streets causing the street to become slippery on May 21, 1976, pre- sented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 12, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed amendment to Ordinance No. 32-75, known as the Zoning Ordinance and Zoning Map of the City Dubuque, Iowa, which proposes to repeal the requirement of public hearing on matters subject to variance and to direct the Board of Adjustment to post the property not less than seven (7) days prior to the public meeting, with the prominent placement of a sign noting variance pending and the time and place of the meeting. Further, the Board shall be required to send certified mail notification to owners of property abutting the property for which variance is sought. Adjourned Special Session, July 19, 1976 351 The Commission has found the amendment appropriate and recom- mends your favorable LANNINGtAND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa", by repealing Section 6.107.3, Section 6.107.4 and Section 6-107.6 of Article VI thereof and enacting a new Section 6.107.3, Section 6-107.4 and Section 6-107.6 of Article VI in lieu thereof, to repeal the requirement of public hearing and notice to any property owners other than abutting property owners and to include the posting of property on mat- ters subject to the issuance of a var- iance, presented and read. Councilman Stackis moved that the reading just had he considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilman Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Honorable Mayor July 12, 1976 and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on three amendments to the text of the Zoning Ordinance, which amendments propose that: 1) Section 4.119.5 Which prohibited residential use of property in Light Industrial Districts be repealed; 2) enactment of a new Section 5.102.3 which would establish yard setback requirements in Commercial and Light Industrial Districts; and 3) the repeal of Section 5-106 and the enactment of a new Section 5-106 to permit residential dwellings in Com- mercial and Light Industrial Districts. The amendments to the Ordinance text, which are attached, are designed to promote a compatible co -existence of business and residential uses in older neighborhoods with mixed-use characteristics. The City Planning and Zoning Com- mission has found the proposed amend- ments to be appropriate and recom- mend your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Subsection 1 of Section 4-119.5 of Article IV which prohibited Residential Use of property in the Light Industrial District, presented and read. Councilman Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 5-10'2.3 of Article 352 Adjourned Special Session, July 19, 1976 V to establish yard setback require- ments in Commercial and Light Indus- trial Districts, presented and read. Councilman Stackis 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 — Mavor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by repealing Section 5-106 of Article V thereof, and enacting a new Section 5-106 of Article V in lieu thereof to provide for Residential Dwellings in Commercial and Light Industrial Dis- tricts, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 13, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed amendment to Ordinance No. 32-75, known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, to reclassify a one and one-half block area in the Washington Street Neighborhood from H -I Heavy Industrial District to LA Light Industrial District classification. The subject properties lie in an area bounded by East 14th Street on the north, by Washington Street on the west, by East 13th Street on the south and on the east by the alley between Elm Street and the railroad tracks. The proposed change to the Zoning Map is intended to promote a more compatible co -existence of business and residential uses in this part of the Washington Street Neighborhood. The Commission was also informed of interest in expanding the Light Indus. trial zone to a larger area than originally petitioned. Their decision was to restrict the area of change to the one and one. half blocks noted above. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully. Nays — Councilman Wertzberger. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to reclassify hereinafter described properties, bounded on the North by East 14th Street, on the West by Wash- ington Street. on the South by East 13th Street and on the East by the alley lying between Elm Street and the Rail- road Track, from the H -I Heavy Indus- trial District to the L -I Light Industrial District Classification, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully. Nays — Councilman Wertzberger. Absent — Councilman Brady. Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully. Nays — Councilman Wertzberger. Absent — Councilman Brady. July 12, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the request of Mr. Dale Wernecke to provide for a Planned Unit Development designation on his property lying in an R-4 Residential Adjourned Special Session, July 19, 1976 District. The subject 4.85 acre parcel is described as Lot 3 of Lot I of Lot 1 of Lot I of Lot I of Lot 2 of Highland Farm, and Lot 2 of Lot 2 of Lot 2 of St. Rose Place in the City of Dubuque, Iowa. The proper- ty lies on the west side of Chaney Road between Asbury Road and Kaufmann Avenue. The Commission has examined the Preliminary Development Plan for the proposed Planned Unit Development and has found that it is in conformance with the City's Comprehensive Plan and meets the requirements for Planned Unit Development designation. The City Planning and Zoning Commission recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", which amendment shall establish a Planned Unit Development designation on Property hereinafter described lying in a R-4 Residential District in "Highland Farm" in the City of Dubuque, Iowa, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Petition of Emil L. Hoffmann, requesting an opportunity for purchase of City -owned Lot adjacent to 1893 Wood Street, presented and read. Councilman Tully moved that the peti- tion be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady Petition of Peoples Natural Gas requesting permission to excavate in the street at 556 Clarke Drive, presented and read. Councilman Stackis moved that the request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Petition of Dubuque Packing Co. requesting vacation of property abut- ting E. 16th Street, also a piece located in E. 17th Street, Maple Street and part of 18th Street, said properties bounded on all sides by Packing House Property, presented and read. Councilman Stackis moved that the petition be referred to the City Manager for proper proceed- ings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Petition of St. Patrick's Church requesting refund of $225.00 on unex- pired portion of Class "B" Beer Permit No. B-5041, discontinued business on July 13. 1976, presented and read. Councilman Stackis moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Petition of George W. Pohlen, Tri- State Softball Tournament, requesting refund of $225.00 on unexpired portion of Class "B" Beer Permit No, B-5717, discontinued business on June 26, 1976, presented and read. Councilman Stackis moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis. Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 260-76 WHEREAS, the Dubuque Advisory Commission, at the request of this Council, has undertaken a study of Firearms Control, and WHEREAS, the Dubuque Advisory Commission, after said study, has recommended that the prime respon- 354 Adjourned Special Session, July 19, 1976 sibility for gun controls should lie with the state and federal governments, to assure uniform justice; and WHEREAS, the Dubuque Advisory Commission has recommended that the Police Department and the judicatory be urged to uphold the present firearms laws with equal and just enforcement; and WHEREAS, the Dubuque Advisory Commission has recommended to the Council that they support the manda- tory sentencing of those convicted of armed crimes to prison. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that: 1. They approve and endorse the fore- going Dubuque Advisory Commis- sion's recommendations. 2. The appropriate public officials be so advised of this resolution and be urged to give support to these recommendations. Passed, approved and adopted this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 16, 1976 To the Honorable Mayor and City Council The Cedar Cross Road, in the area between People's Natural Gas and the Hansel property, is now being widened and improved. The road is being widened to 48 feet and the County has been asked by the developer to par- ticipate in half of the cost of the base for the improved road, The city has been asked to participate in the development of the other one-half of the road. The estimated cost to the city would not exceed $13,800. The development of this section of Cedar Cross Road complies with the long range plans for the development of a road systems in this area. The road also falls within the area considered for annexation. We feel now is the appro- priate time to participate in the development of the facility and recom. mend to the City Council that they adopt a resolution authorizing the ex- penditure of up to $13,800 for this project. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 261-76 WHEREAS, it is proposed that Cedar Cross Road will be improved with a six-inch asphalt treated base and curb and gutter, which improvement on said roadway shall commence at a point at the northerly property line of Lot 3 of Hansel's Addition in Dubuque Town- ship, Dubuque County, Iowa and ter- minating at the south property line of Lot 3 of Hansel's Addition in Dubuque Township Dubuque County, Iowa and which improvements are proposed to be made by Hansel Builders Inc. the developer; and WHEREAS, it has been agreed by and between Dubuque County, Iowa and the City of Dubuque, Iowa that the costs for the asphalt base shall be borne and paid for equally by Dubuque County and the City of Dubuque, Iowa to be borne equally for said portion of road- way 1000 feet long and 44 feet wide, and in no event shall the City's share exceed the sum of $13,800.00. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Smtton 1. That the improvement of Cedar Cross Road with a six-inch as. phaltic treated base be and the same is hereby approved, and that the payment of the City's share of such improvement, in an amount not to exceed $13,800.00, be and the same is hereby approved and that the payment of said amount shall be made to Dubuque County, Iowa upon certificate duly filed with the En- gineer's Office as to the final Engineer's determination of cost. Section 2. The expenditure of said funds for the improvement of Cedar Cross Road is deemed in the public interest. Passed, adopted and approved this Adjourned Special Session, July 19, 1976 355 19th day of JulAylvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 262-76 Resolution correcting Resolution No. 47-76 approving the Plat of Blocks 1 through 7 each In "Phase One of Stone Hill Community Subdivision No. 1" In the City of Dubuque, Iowa WHEREAS, Resolution 47.76, Sec- tion 5,referred to Stone Hill Community Association which was a scrivener's error; and, WHEREAS, Resolution 47-76, Sec- tion 5, should have referred to Stone Hill Development Corporation; and WHEREAS, Stone Hill Development Corporation did accept RESOLUTION NO. 47.76 and agree to perform the conditions required therein and also furnished the security provided for in Resolution 47.76; and, NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: 1. Resolution 47-76 is hereby corrected by the deletion from Section 5 of the words Stone Hill Community As- sociation, and the substitution of the words Stone Hill Development Cor- poration; all other provisions of said Resolution 47-76 are hereby ratified and affirmed. 2. Stone Hill Development Corpora- tion has already provided the security required by RESOLUTION 47-76 and no additional security shall be required. Passed, adopted, and approved by unanimous recorded roll call this 19th day of July, A.D. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis ATTEST: Councilmen Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO - 262 -76 We, the undersigned STONE HILL DEVELOPMENT CORPORATION hav- ing read the terms and conditions of the foregoing Resolution 262-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 26th day of July, A.D. 1976. Stone Hill Development Corporation By George E. Deininger Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 263-76 Authorizing publication of notice of Environmental Review Findings for Certain Community Develop- ment Block Grant Projects WHEREAS, the City of Dubuque under date of June 9, 1976 entered into Grant Agreement B -76 -MC -19-0004 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 projects hereinafter to be described to be fi- nanced with Community Development Block Grant Funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con. sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No Sig- nificant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for each of the said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Comiskey Park improvements in- cluding reconstruction of a tennis court, relocation of play areas, construction of a warming house, 356 Adjourned Special Session, July 19, 1976 installation of plantings and other minor improvements, Various pub- lic improvements including tree plantings and curb, alley and other miscellaneous street repair and re- placement items in four community development project areas and in two other neighborhoods. Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its first meeting after August 5, 1976, auth- orizing the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds authorized under Title 1 of the Housing and Com- munity Development Act of 1974, to undertake the projects. Passed, approved and adopted this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community Development Block Grant Program, the City of Dubuque has prepared Notices of Finding of No Significant Effect on the Environment for the Projects iden- tified as follows to be undertaken under Title 1 of the Housing and Community Development Act of 1974. Comiskey Park improvements in- cluding reconstruction of a tennis court, relocation of play areas, construction of a warming house, installation of plantings and other minor improvements. Various public improvements in- cluding tree plantings and curb, alley and other miscellaneous street repair and replacement items in four community development project areas and in two other neighborhoods. The City of Dubuque has found that these Projects have no significant effect on the environment based on the fol- lowing facts and reasons. I. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commitment of resources, known views of local groups, mea- sures which can be instituted to less- en potential adverse impacts and to enhance the environment; 3. No loss of unique environmental resources; 4. No irreversible development trends; 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties possessing historical, archaeological, architec. tural or cultural significance The City of Dubuque has made an Environmental Review Record for each of the Projects, and has placed these records on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque Iowa. These environ- mental records are available for ex. amination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dubuque intends to request the U.S. Department of Housing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Thursday, August 5, 1976, addressed to Alvin E. Lundh, Mayor of the City of Dubuque, City Hall, 13th and Iowa Streets, Dubuque Iowa 52001. Dated and Published July 20, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 264-76 Endorsing July 24, 1976 as "Jean Marie Cardinal Day" WHEREAS, Saturday, July 24, 1976, has been designated as "Jean Marie Cardinal Day"; and WHEREAS, such project has called upon the vast resources of the inhabi- tants of this community to respond in making such event a success; and WHEREAS, the City Council of the City of Dubuque, Iowa, does wholeheartedly endorse said civic ef- fort; and WHEREAS, the City Council of the City of Dubuque, Iowa, desires to go on record in commiting its spiritual assis- tance to the end that said project may Adjourned Special Session, July 19, 1976 357 enjoy a citywide and nationwide acceptance and participation: now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Council, City of Dubuque, does hereby proclaim the day of July 24, 1976 as "Jean Marie Cardinal Day". Section 2. That the City Council, City of Dubuque, urges every citizen and inhabitant of this community to join in this worthwhile project and to par- ticipate in this community event to the end that each one may take a vital share in this cummerative event. Section 3. That the City Council, City of Dubuque, does formally go on record in commiting its spiritual support to this community effort and encourages all inhabitants of this community to lend whatever assistance is necessary to make this effort of nationwide significance. Passed, adopted and approved this 19th day of July. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 13, 1976 To the Honorable Mayor and City Council The construction of the School Signal Improvement Project, T-735- 7(5)-84-31, Contract No. 1, has been substantially completed in accor- dance with plans and specifications by Paulson Electric Company of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. FINAL ESTIMATE RESOLUTION NO. 265-76 WHEREAS, the contract for the School Signal Improvement Project, T-735.7(5)-84-31, Contract No. I has been completed and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $40,495.60. That None of the cost thereof shall be assessable upon private property and $40,495.60 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 267-76 WHEREAS, the contract for the School Signal Improvement Project, T-735-7(5)-84-31, Contract No. 1 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund issued upon the above described improvement in amount 358 Adjourned Special Session, July 19, 1976 equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 13, 1976 To the Honorable Mayor and City Council The construction of the School Sig- nal Improvement Project, T-735- 1(6)-84-31, Contract No. 2, has been substantially completed in accor- dance with plans and specifications by Paulson Electric Company of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilman Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. FINAL ESTIMATE Resolution No. 266-76 WHEREAS, the contract for the School Signal Improvement Project, T -735-I(6)-84-31, Contract No. 2 has been completed and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $53,647.35. That None of the cost thereof shall be assessable upon private property and $53,647.35 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 268-76 WHEREAS, the contract for the School Signal Improvement Project, T-735-1(6)-84-31, Contract No. 2 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund Issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Adjourned Special Session, July 19, 1976 359 Julv 1, 1976 To the Honorable Mayor and City Council The construction of the University Avenue Pedestrian Crosswalk has been substantially completed in accordance with plans and specifications by Moldt Electric Services, Inc. of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. FINAL ESTIMATE RESOLUTION NO. 269-76 WHEREAS, the contract for the con- struction of: University Avenue Pedes- trian Crosswalk has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore. BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $6,815.48. That None of the cost thereof shall be assessable upon private property and $6,815.48 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tullv moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. (A R"olutlon Accepting Improvement) RESOLUTION NO. 270-76 WHEREAS, the contract for the con- struction of: University Avenue Pedes- trian Crosswalk has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil 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. BE IT FURTHER RESOLVED, that the Citv Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund upon the above described improvement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt Citv Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 14, 1976 To the Honorable Mayor and City Council Enclosed are the plans and specifica- tions for the construction of the Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sullivan. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. July 7, 1976 To the Honorable Mayor and City Council 1 hereby submit the attached sheets No. I to 4, inclusive, showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to 360 Adjourned Special Session, July 19, 1976 the W.P.L. of Sullivan Street. Submitted July 16, 1976. Michael A. Koch Acting City Engineer Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 271-76 BE 1T RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets no. 1 to 4, inclusive, are hereby deter- mined to be the schedule of proposed assessments for the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sullivan Street, and the valuations set out therein, are hereby approved. Adopted this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 272-76 Preliminary Approval of plans, specifications, form of contract, plat and schedule for the construction of City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sul- livan Street, in the estimated amount of $49,838.09, presented and read. Council- man Tully moved adoption of the res- olution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. (Necessity for Improvement) RESOLUTION NO. 273-76 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The street to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation 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 be assessed against each lot, for the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street. BE 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 herein men- tioned 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 proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been 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 assessed upon and against all privately owned propertv lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Fund. Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a con- tract has been performed and accepted and the proceeds thereof used to pay he contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file Adjourned Special Session, July 19, 1976 361 with the City Clerk this 19th day of July, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully ,Ir Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved approval of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. (Fixing date of hearing) RESOLUTION NO. 274-76 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 272.76 given its preliminary 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 construction of the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of August 1976, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assess- ment for the proposed improvement may appear and make objection to the Proposed plans and specifications and Proposed form of contract and at the same time to the boundaries of the Proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the Passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be Published in some newspaper published in the city of Dubuque, the first of which shall be not less than 10 days prior to the day fixed for its consideration and un. less property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of .1uly, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully. Wertzberger. Nays — None. Absent — Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice of Meeting for the issuance of Water Revenue Bonds, in the amount of =5,700,000., 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 Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 275-76 A RESOLUTION authorizing and providing for the Issuance and securing the payment of $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa, under the provi- sions of Sections 384.80 at seq. of the Code of Iowa, for the purpose of defraying the cost of Im- provements and extensions to the municipal waterworks plant and system in and for said City and providing for the collection, se- gregation and distribution of the revenues of such plant and system. WHEREAS the City of Dubuque, in Dubuque County, Iowa, did heretofore establish a municipal waterworks plant and system in and for said City which has for many years been supplying water and water service to said City and its inhabitants, and the management and control of said plant and system is vested in the City Council of said City 362 Special Session, July 19, 1976 and no board of trustees has ever been created for this purpose; and WHEREAS, for the purpose of de- fraying the cost of necessary im- provements and extensions to the mu- nicipal waterworks plant and system of said City, Water Revenue Bonds, 1962 Series, of said City were heretofore issued under date of October 1, 1962, of which bonds in the amount of $105,000 are now outstanding, numbered 296 to 400, inclusive, of the denomination of $1000 each, bearing interest at the rate of Two and eighty-five hundredths per cent (2.85%) per annum and maturing on December 1, 1976, and accumulated revenues of the plant and system are now on hand in an amount sufficient to pay the principal of all of said outstand- ing bonds and all interest which will accrue thereon at and prior to maturity; and WHEREAS, in order to make it possi- ble for the City to pay the cost of addi- tional improvements and extensions which must now be constructed to maintain and operate the plant and system in an efficient manner, said ac- cumulated revenues are being ordered set aside in a special escrow account pledged solely and only for the payment of said bonds and interest, and there are no other bonds or obligations now out- standing which are payable from the revenues of said utility; and WHEREAS it has been found essen- tial, necessary and desirable that addi- tional improvements and extensions to said municipal waterworks plant and system be constructed consisting gen- erally of: 1. Water Treatment Plant Expansion, complete with aerators, upflow clar- ifiers, rapid sand filters, chemical feed systems, control system, pneumatic chemical handling system and exist- ing plant modifications, electrical and mechanical; 2. Water Plant Solids Handling Facili- ties with Filters, complete filter building with filters complete as specified, pumps, tanks, conveyors, motor control center, sludge thicken- ing clarifiers with dome covers, waste backwash water pumps, sludge blow - down pumps, lift station with wet well and clear water return pumps, elec- trical and mechanical; all as contemplated by plans and specifications therefor prepared by Henningson, Durham & Richardson, Inc., Engineers, Omaha, Nebraska, and Cullen, Kilby, Carolan & Associates, P.C., Dubuque, Iowa, and now on file in the office of the City Clerk, the estimat- ed costs whereof are $5,898,059, and it is necessary that said City issue its reve- nue bonds to pay the cost, to the amount of $5,700,000, of constructing said improvements and extensions; and WHEREAS a notice of the intention of this City Council to take action for the issuance of said $5,700,000 Water Revenue Bonds, 1976 Series, of said City has heretofore been duly published and a public hearing has been held on the issuance of said bonds and no oral or written objections have been filed or made; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That for the purpose of defraying the cost of improvements and extensions to the municipal waterworks plant and system of said City, as referred to in the preamble hereof, there be and there are hereby authorized to be issued one thousand one hundred forty (1140) negotiable interest bearing revenue bonds of said City of Dubuque, in the principal amount of $5,700,000, each of which shall be known and de. signated as a "Water Revenue Bond, 1976 Series", bearing date of July 1, 1976, numbered from 1 to 1140, inclusive, of the denomination of $5000 each. The bonds of said issue shall bear interest from the date thereof at the rate of Seven and one-half per cent (7-1h%) per annum or at such lower rate or rates as may be determined at the public sale of said bonds, all of such interest being payable January 1, 1977, and semian- nually thereafter on the first days of July and January of each year until the principal thereof is paid. Said bonds shall mature in numerical order on July 1, of each of the respective years as follows: Year Amount Bond Numbers 1977 $100,000 1- 20 1978 200,000 21- 60 1979 200,000 61- 100 1980 200,000 101. 140 1981 200,000 141. 180 1982 200,000 181- 220 1983 200,000 221- 260 1984 250,000 261. 310 1985 250,000 311. 360 1986 250,000 361. 410 1987 300,000 411. 470 1988 300,M) 471- 530 1989 300,0(X) 531- 590 1990 350,000 591. 660 1991 350,000 661- 730 1992 400,000 731. 810 Adjourned Special Session, July 19, 1976 363 1993 400,000 811- 890 1994 400,0(10 891- 970 1995 400,000 971-1050 1996 450,000 1051.1140 provided, however, that bonds num. bered 661 to 1140, inclusive, shall be redeemable by said City prior to matur- ity 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 date on or after July 1, 1990, upon terms of par and accrued interest plus a premium of three percent (3%) of the principal amount of any of such bonds called for redemption. In the event any of said bonds are called for redemption prior to maturity as aforesaid notice of such redemption, identifying the bond or bonds to be redeemed, shall be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York. All of such bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, 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, or, at the option of the holder, at a bank or trust com- pany located in the City of Des Moines, Iowa, or in the City of Chicago, Illinois, or in the City of New York, New York, as may be mutually agreed upon between the original purchaser of the bonds and the City, or, if agreement is not reached between the City and the purchaser, at a bank or trust company to be named by the City having a com- bined capital and surplus of not less than :10,000,000 which has a trust department regularly engaged in the business of acting as paying agent for bonds and coupons. All of said bonds and the interest thereon, together with any additional bonds as may hereafter be issued and outstanding from time to time ranking on a parity therewith under the conditions hereinafter set forth governing the issuance of such additional parity bonds, shall be payable solely from the "Water Revenue Bond Sinking Fund", hereinafter created, and shall be a valid claim of the holder thereof only against said fund, and none Of said bonds shall be a general obliga- tion of said City nor payable in any manner by taxation, but the tx>nds here- in authorized to be issued, together with any additional bonds as may be hereafter issued ranking on a parity therewith, shall be payable, both as to principal and interest, solely and only from the future net revenues of said municipal waterworks plant and system pledged therefor as hereinafter provided. Section 2. That upon presentation at the office of the City Treasurer of said City of any of said bonds same may be registered as to the principal in the name of the owner on the books in his office, such registration to be noted on the reverse side of the bonds by the City Treasurer, and thereafter the principal of such registered bonds shall be pay- able only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to the City Treasurer with a legal assignment duly acknowledged or proved. Regis- tration of any such bonds shall not affect the negotiability of the coupons thereto attached but such coupons shall be transferable by delivery merely. Section 3. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUSUOUE CITY OF DUBUQUE WATER REVENUE BOND, 1976 SERIES Number $5000 KNOW ALL MEN BY THESE PRES- ENTS: That the City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, or if this bond be registered as to principal as hereinafter provided then to the registered holder hereof, in the manner hereinafter specified, the sum of Five Thousand Dollars ($5000) on the first day of July, 19..., and to pay interest on said sum from the date hereof at the rate of ...... per cent (.......96) per annum, payable January 1, 1977, and seminan- nually thereafter on the first days of July and January in each year until said principal sum is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be and become applicable hereto, all such interest as may accrue on and prior to the maturity of this bond to be paid only upon presentation and sur- render of the interest coupons hereto attached as they severally become due; 364 Adjourned Special Session, July 19, 1976 both principal and interest being pay- able in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa, or, at the option of the holder hereof, at the .............Bank, in the City of ............... This bond and the series of which it is a part are issued by said City pursuant to and in strict compliance with the provisions of Sections 384.80 et seq. of Chapter 384 of the Code of Iowa, 1975, and all other laws amendatory thereof and supplemental ,hereto, and in con- formity with a resolution of the City Council of said City duly passed on the 19th day of July, 1976, as amended. For a more complete statement of the basis upon which this revenue bond has been issued and additional revenue bonds ranking on a parity therewith may be issued and outstanding, a description of the source of payment of all such revenue bonds, and a statement of the rights, duties and obligations of the City of Dubuque and the rights of the holders of the revenue bonds, reference is made to said resolution. This bond is one of a series of bonds of like tenor and date (except interest rate and maturity), numbered from I to 1140, inclusive, issued for the purpose of de- fraying the cost of improving and ex- tending the municipal waterworks plant and system in and for said City. This bond and the series of which it forms a part, together with any additional bonds as may be hereafter issued and out- standing from time to time ranking on a parity therewith under the restrictions and conditions set forth in the resolu- tion authorizing said series as referred to in the preceding paragraph, are payable solely and only out of the future net revenues of said municipal water- works plant and system, a sufficient portion of which has been ordered set aside and pledged for that purpose. This bond is not a general obligation of said City nor payable in any manner by taxation or from other funds. Said City convenants it will fix such rates for the services furnished by said plant and system and will collect and account for income and revenues therefrom suf- ficient to promptly pay the principal of and interest on this bond and the series of which it is a part and any additional bonds as may from time to time be outstanding ranking on a parity therewith as the same will become due, and to create and maintain a reasonable reserve therefor. The City of Dubuque reserves the right to call and redeem bonds of this issue numbered 661 to 1140, inclusive, prior to maturity in whole, or from time to time in part in inverse order of ma- turity (less than all of one maturity to be selected by lot) on any interest payment date on or after July 1, 1990, upon terms of par and accrued interest plus a premium of three per cent (3%) of the principal amount thereof. In the event any of said bonds are called for redemption prior to maturity as afore- said, notice of such redemption, iden. tifying the bond or bonds to be redeemed, will be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York. Such of said bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the City Treasurer, such registration being noted hereon by the City Treasurer, and after such registration no transfer shall be valid unless made on said books and similarly noted on the bond, but it may be dis- charged from such registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The regis- tration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And It Is Hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part, have existed, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this bond does not exceed or violate any constitutional or statutory limitation or provision. IN TESTIMONY WHEREOF, said City of Dubuque, by its Citv council, as caused this bond to be signed by ts Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be ex- ecuted with the facsimile signature of said City Clerk, which official by the execution of this bond does adopt as and for his own proper signature shis facsimile signature appearing on Adjourned Special Session, July 19, 1976 coupons, this first day of July. 1976. ...I ................. Mayor ATTEST: City Clerk (Form of Coupon) The Treasurer of the City of Dubuque, Iowa, will pay to bearer out of the future revenues of its municipal waterworks plant and system ........................ Dollars ($..........) on ........... 19....., at the office of the City Treasurer, Dubuque, Iowa, or, at the option of the holder hereof, at the .......................Bank, in the City of .........., as provided in and for interest then due on the Water Revenue Session, July 19, 1976 365 Bond, 1976 Series, of said City, dated July 1, 1976, No . ................... ...................... City Clerk The issuance of the bonds herein authorized shall be duly recorded in the office of the City Treasurer of the City of Dubuque and, as required by Section 384.83 of the Code of Iowa, 1975, as amended, a certificate of such record- ing shall be printed on the back of each bond in the following form: "The issuance of this bond has been duly and properly recorded in my office as of the first day of July, 1976. ..................... Treasurer of the City of Dubuque, Iowa" (Form for registration to be printed on the back of each bond) Date of In Whose 919nature of Registration Name Registered CityTreaeurer ........................ .............. ....................... ....... I................ .............. ....................... ........ I............... Section 4. That said bonds shall be signed by the Mayor and attested by the City Clerk, with the seal of the City affixed, and the interest coupons at- tached thereto shall be executed by said City Clerk by his facsimile signature, andsaid official, by the execution of said bonds, shall adopt as and for his own proper signature his facsimile signature appearing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him duly recorded as to issuance as provided by law, and said Treasurer shall sign the certificate hereinbefore set out in Section 3 and endorsed upon the back of each of said bonds and deliver said bonds to the purchasers thereof, upon payment of the purchase price, same to be at least par and ac- crued interest. The proceeds received by the sale of said bonds, exclusive of ac. crued interest, together with a sufficient amount of money from other sources to Pay the cost of this project, shall be set apart and placed in a fund separate and apart from the general funds of said City and to be designated as the "1976 Wa- terworks Construction Fund", which is hereby ordered created, and shall be applied to defraying the cost of con. structing the improvements and exten- sions to the municipal waterworks plant and system of said City as referred to in the preamble hereof. All moneys in said Construction Fund shall be kept sepa- rate and apart from all other funds of the City and shall be held and used solely to pay the cost of constructing the im- provements and extensions referred to in the preamble hereof. The cost of engineering and legal services, the cost of surveys, designs and other necessary and incidental expenses, shall be deemed items of cost of construction. Within sixty (60) days after the comple- tion of the improvements and exten- sions and after all costs in connection therewith shall have been paid, the en- gineers in charge of supervising the construction shall certify to the City Council the fact that such work has been completed according to the plans and specifications therefor and that all costs have been paid, and thereafter if any funds remain in the Construction Fund, the same shall be transferred to the "Depreciation, Extension and Im- provement Fund", hereinafter created. All sums received as accrued interest and any premium as may be received in the issuance and sale of the bonds shall be paid into the "Water Revenue Bond Sinking Fund", hereinafter created. All of the proceeds of the sale of the bonds shall be and constitute trust funds for the purposes hereinabove provided and there is hereby created a lien upon such moneys, until so applied, in favor of the holders of said bonds. All payments from the Construction Fund for con. struction work, materials or equipment shall be made only upon estimates ap- proved by the consulting engineers in 366 Special Session, July 19, 1976 charge of the project and by the City Council. The City Council of the City of Dubuque, Iowa, covenants and agrees with the purchasers and holders of the bonds herein authorized that the prin- cipal proceeds of the sale of said bonds shall be devoted to and used with due diligence for the completion of the facilities for which said bonds are here- by authorized to be issued. The City Council represents and certifies that: (1) the said City has heretofore incurred a substantial binding ob- ligation with respect to said facili- ties; said binding obligation com- prising engineering fees and con- tracts for materials and for the construction of the improvements and extensions in the amount of not less than 2-1h% of the estimated total cost of said facilities; (2) the City Council expects that over 85% of the spendable proceeds of said bonds (including investment proceeds) will be expended on or before July 1, 1978, for the purpose of paying the cost of said facilities, said date being within three years following the date of issue of said bonds; (3) work on the said facilities has proceeded and is expected to Proceed with due diligence to completion; (4) said facilities have not been and are not expected to be sold or oth- erwise disposed of in whole or in Part prior to the last maturity of said bonds; (5) all of the principal proceeds of the bonds are needed for the pur. pose stated in the form of bond above set out, including expenses incidental to such purpose and to the issuance of the bonds; and (6) to the best of the knowledge and belief of the City Council there are no facts, estimates or circum. stances that would materially change the conclusions and repre- sentations set out in this section. The City Council also certifies and further covenants with the purchasers and holders of said bonds from time to time outstanding that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in connection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any other sources, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated or proposed thereunder, including Sections 1.103-13 and 1.103-14 of the Income Tax Regulations (26 CFR Part 1), as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City Council reserves the right, how- ever, to make any investment of such moneys permitted by state law if, when and to the extent that said Section 103(d) or regulations promulgated there- under shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters. result in making the interest on said bonds subject to federal income taxation. Section S. That so long as any of the bonds herein authorized to be issued or any other bonds ranking on a parity therewith are outstanding said mu- nicipal waterworks plant and system shall continue to be operated as a revenue producing undertaking. The rates charged by the City of Dubuque, Iowa, to customers of said plant and system, including the municipality, shall be such rates as will be sufficient to pay for the operation and maintenance of said plant and system, and to pay the principal of and interest on the bonds herein authorized and any additional bonds which may be hereafter issued ranking on a parity therewith as they mature and to create and maintain -a reasonable reserve therefor as herein. after provided in Section 9 of this res- olution. It is agreed that the City need not charge itself for water and water service so long as the revenues of the municipal waterworks plant and system are otherwise adequate to meet all the requirements of this resolution. Section 6. That from and after the issuance of the bonds hereby authorized the income and revenues of said plant and system shall be set aside into a separate and special fund to be desig- nated as the "Water Revenue Fund" which shall be used in maintaining and operating said plant and system, and after payment of the proper and neces- sary operation and maintenance ex- penses, the remaining net revenues shall, to the extent hereinafter provided, be used to pay the principal of and interest on the bonds as herein autho- rized and any additional bonds ranking Adjouned Special Session, July 19, 1976 367 on a parity therewith as may be issued and outstanding under the restrictions and conditions specified in Section 14 hereof, and to create and maintain the several separate funds hereinafter established. Section 7. There shall be and there is hereby created a special fund to be designated as the "Waterworks Opera. tion and Maintenance Fund" into which on the first day of each month there shall be set apart and paid an amount which with any unexpended balance therein is considered necessary and suf- ficient to pay the reasonable current expenses of operating and maintaining said plant and system for the current month. Aftersaid first day of the month further payments may be made into said fund from the "Water Revenue Fund" but only if and to the extent necessary to pay such operation and maintenance expenses actually accrued and payable and to the extent that funds for such purpose are not then available for transfer from the "Surplus Fund" hereinafter ordered created. Saeon 8. There shall be and there is hereby created and there shall be main- tained an account to be. known as the "Water Revenue Bond Sinking Fund". sometimes hereinafter referred to as the "Sinking Fund", into which there shall be set aside from the future net reve- nues of said plant and system such por- tion thereof as will be sufficient to pay the interest upon and principal of the bonds at any time outstanding as the same become due, and it is hereby de- termined, covenanted and agreed that the minimum amount to be so set aside into said Sinking Fund during each month of each year, commencing August 1, 1976, shall be not less than as follows: A sum equal to one-tenth (I/ 10th) of the principal of all of said bonds maturing on the July 1 next suc- ceeding plus a sum equal to one- fifth (1i5th) of the interest becom. ing due on the next succeeding interest payment date on all of the then outstanding bonds issued pur- suant to this resolution and bonds ranking ona parity therewith until there has been accumulated in said Sinking Fund an amount equal to the full amount of the next suc. ceeding Principal payment and in. terest Payment on said bonds ma. turing on or prior to the next suc- ceeding July first; provided, how- ever, that no further payments need be made into said Water Revenue Bond Sinking Fund when and so long as the amount therein is suf- ficient to retire all of said bonds then outstanding and to pay all interest to become due thereon prior to such retirement. If and to whatever extent any addi- tional bonds are hereafter issued by said City ranking on a parity with the bonds herein authorized to be issued as per- mitted and provided for in Section 14 hereof, provision shall be made for ad- ditional payments to be made each month into said Water Revenue Bond Sinking Fund from the net revenues of the municipal waterworks plant and system sufficient to pay maturing in- stallments of principal of and interest on said additional bonds. Such payments into said Water Revenue Bond Sinking Fund shall be made in equal monthly installments on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday, then such payments shall be made on the next succeeding secular day. Such Water Revenue Bond Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying the interest on and principal of the bonds herein authorized to be issued and any additional bonds as may be hereafter issued and outstanding ranking on a parity therewith and for no other pur- pose. If at any time there be a failure to pay into said Sinking Fund the full amount above stipulated, then an amount equivalent to the deficiency shall be set apart and paid into said Sinking Fund from the net revenues of said municipal waterworks plant and system as soon as available and same shall be in addition to the amount oth- erwise required to be so set apart and paid into said Sinking Fund. Section 9. There shall be and there is hereby created a special fund to be known and designated as the "Bond and Interest Reserve Fund" into which, commencing August 1, 1976, there shall be set apart and paid from the balance of the net revenues remaining after first making the required payments into the "Water Revenue Bond Sinking Fund" the sum of $6250 on the first day of each month in each year until such time as all of the bonds herein authorized and bonds ranking on a parity therewith have been paid in full as to both prin- cipal and interest or funds sufficient therefor have been set aside and pledged for that purpose. All moneys credited to said Reserve Fund shall be used for the payment of the principal of and interest on the bonds authorized to be issued 368 Adjoumed Special Session, July 19, 1976 under the terms of this resolution and bonds ranking on a parity therewith whenever for any reason the funds on deposit in the "Water Revenue Bond Sinking Fund" are insufficient to pay such principal and interest when due; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of the principal and interest falling due in any succeeding fiscal year for both principal of and interest on the then outstanding bonds issued pursuant to this resolution and bonds ranking on a parity therewith may be used to purchase any of said bonds then outstanding at not exceed- ing par and accrued interest or to call and redeem such bonds as may be then subject to redemption prior to maturity in the manner hereinbefore provided, or such excess may be transferred to the "Depreciation, Extension and Im- provement Fund", hereinafter created, upon order of the City Council. Section 10. There shall be and there is hereby created a special fund to be known and designated as the "De- preciation, Extension and Improvement Fund" into which there shall be set apart and paid each year from the balance of the net revenues remaining after first making the required payments into the "Water Revenue Bond Sinking Fund" and the "Bond and Interest Reserve Fund" the sum of $10,000 on the first day of each month of each fiscal year, or such higher amounts as the City Council may fix from time to time. All moneys credited to said De- preciation Fund shall be used or ac- cumulated to pay any extraordinary cost of maintaining the plant and system in an efficient operating condition or to repair the same, and to pay the cost of constructing additional improvements or extensions to the plant and system, and any balance therein in excess of $500,000 may be transferred to the "Surplus Fund"; provided, however, that the moneys on deposit in said De- preciation Fund shall be transferred and credited to the "Water Revenue Bond Sinking Fund" whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this resolution or bonds ranking on a parity therewith, or shall be transferred and credited to the "Bond and Interest Reserve Fund" whenever any deficiency may exist in said Fund. Section II. That there shall be and there is hereby created a special fund to be known and designated as the "Sur. plus Fund" into which there shall be set apart and paid all of the net revenues remaining after first making the required payments into the "Water Revenue Bond Sinking Fund", the "Bond and Interest Reserve Fund" and the "Depreciation, Extension and Im- provement Fund". All moneys credited to said "Surplus Fund" shall be trans. ferred and credited to the "Water Revenue Bond Sinking Fund" whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this res. olution, or bonds ranking on a parity therewith, or shall be transferred and credited to the "Bond and Interest Re- serve Fund" whenever any deficiency may exist in said Bond Reserve Fund, and may be used to pay necessary oper- ating and maintenance expenses, to pay the cost of additional improvements and extensions to the plant and system, or for any purpose lawfully directed by the City Council, including the establish- ment of an Operation and Maintenance Reserve Fund in an amount adequate to pay operation and maintenance ex- penses for up to three months. Section 12. All moneys held in the several separate Funds created under the terms of this resolution, including the "1976 Waterworks Construction Fund", shall be deposited in lawful de- positories of the City and shall be contin- uously held and secured as provided by the laws of the State of Iowa relating to the depositing, securing and holding of public funds, and all such deposits ex- ceeding the maximum amount insured by the F.D.I.C. in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value or may be invested in direct obligations of the United States Government maturing at a date on or before the time when the City Council estimates the proceeds thereof will be needed for the purpose for which ac- cumulated, which date in the case of the Sinking Fund shall be considered to be not less than five (5) days prior to the next maturity of principal or interest respectively for which said fund was set aside, and in the case of the Bond and Interest Reserve Fund shall be con- sidered to be not more than five years from the date of investment, and in any event such Government securities shall be sold whenever the proceeds thereof are needed for the purposes of the Fund for the account of which the investment was made: provided. however, that Adjourned Special Session, July 19, 1976 369 none of said funds shall be invested in any manner which would cause the bonds herein authorized to be classified "arbitrage bonds" as referred to in Sec- tion 4 of this resolution. All moneys on deposit in the "Water Revenue Bond Sinking Fund" and the "Bond and In- terest Reserve Fund" shall be kept in a combined bank account, separate from all other bank accounts, and shall be segregated on the books of the City_ Section 13, That the City of Dubuque hereby covenants and agrees with the holder or holders of said bonds, or any of them that may from time to time be outstanding, that it will faithfully and punctually perform all duties with reference to the municipal waterworks plant and system required and provided by the Constitution and laws of the State of Iowa, that it will segregate the revenues of said plant and system and make applications thereof in accordance with the provisions of this resolution, and that it will not sell, lease, mortgage or in any manner dis- pose of said plant and system, including any and all extensions and additions that may be made thereto, until all the bonds herein authorized shall have been paid in full, both principal and interest, or unless and until provisions shall have been made for the payment of said bonds and interest thereon in full; provided, however, that the City, in the manner provided and to the extent per- mitted by law, may dispose of any property which in the judgment of the City Council is no longer useful or profitable in the operation of the mu. nicipal waterworks plant and system noressential to the continued operation thereof and when the sale thereof will not operate to reduce the revenues to be derived from the operation of the plant and system, and the proceeds of any sale or disposal or property shall be deposit- ed in the "Depreciation, Extension and Improvement Fund" created under the Provisions of Section 10 of this resolu- tion. If in any fiscal year while any of the bonds of this issue are outstanding the net revenues of the plant and system available therefor are not equal to the amount hereinbefore required to be paid into the "Water Revenue Bond Sinking Fund", into the "Bond and Interest Re. serve Fund" and into the "Depreciation, Extension and Improvement Fund" for said year, then the City shall forthwith employ a recognized consulting engi. neer to examine the operation of the Plant and system and the allocation of revenues and report thereon with recommendations for such im- provements in connection with such operation and allocations as he deems proper. Such report shall be completed and filed with the City Council as a part of its official records within 120 days of his employment and the City Clerk shall send a copy thereof to the original pur. chaser of the bonds by registered mail within ten days after such filing. Section 10. The bonds hereby au- thorized and from time to time outstand- ing shall not be entitled to priority or preference one over the other in the application of the net revenues of said municipal waterworks plant and sys- tem, regardless of the time or times of the issuance of such bonds, it being the intention that there shall be no priority among the bonds authorized to be is- sued under this resolution regardless of the fact that they may have been ac- tually issued and delivered at different times. Said City of Dubuque hereby covenants and agrees that so long as any of the bonds issued pursuant to this resolution are outstanding and unpaid no other bonds or obligations payable from the net revenues of said municipal waterworks plant and system will be issued except upon the basis of such additional bonds or obligations being subject to the priority of anv bonds then outstanding under the provisions of this resolution; provided, however, that said City of Dubuque hereby reserves the right and privilege of issuing additional bonds or obligations from time to time payable from the net revenues of said plant and system and ranking on a par- ity with the bonds herein authorized or permitted to be issued as may be then outstanding, in order to pay the cost of future improvements and extensions to said plant and system, or for refunding any bonds or obligations issued for ac- count of said plant and system, but only if the net revenues of said plant and system for the preceding fiscal year as shown by the official audit for that year (with adjustments as hereinafter provided) were equal to at least 135% of the maximum amount that will become due in any fiscal year for both principal of and interest on the bonds then out- standing and the bonds or obligations then proposed to be issued prior to the longest maturity of any of the then outstanding bonds, and provided also that all payments hereinbefore required to be made into the separate special Funds created under the terms of this resolution are current, and the interest payment dates for any such additional bonds or obligations shall be semian- nually on January I and July I of each 370 Adjourned Special Session, July 19, 1976 year, and the principal maturities of such additional bonds or obligations shall be on July 1 of any year in which any of such principal is scheduled to become due. The terms "net revenues" or "net earnings" are defined as gross revenues less operating expenses which shall in- clude salaries, wages, cost of mainte- nance and operation, materials and sup- plies, and insurance, as well as all other items as are normally included under recognized accounting practices, but shall not include allowances for de- preciation in the value of physical properties, and the amount of gross revenues aforesaid may be adjusted by an independent consulting engineer not in the employ of the City and not other- wise interested in the municipal water- works plant and system of said City or the improvements or extensions there- to, so as to reflect any revision in the schedule of rates and charges being imposed at the time of the issuance of any such additional bonds and adjust the net revenues as if the increased rates had been in effect during the whole of the preceding fiscal year. Such adjust- ment shall be evidenced by a certificate of the independent consulting engineer, a copy of which shall be filed with the City Clerk. Bonds issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be subject to the foregoing restrictions provided the bonds being refunded ma- ture within three months of the date of such refunding and no other funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to the restrictions of this resolution. Section 15. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain insurance for the benefit of the holders of the bonds issued hereunder of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business and all moneys received for losses under such insurance policies, except public liability, shall be used in making good the loss or damage in respect of which they were paid either by repairing the property damaged or replacing the property destroyed, or if not so needed, shall be deposited in the "Depreciation, Extension and Im- provement Fund". The payment of premiums for all insurance policies required under the provisions of this section shall be considered an operation and maintenance expense. The City of Dubuque agrees that so long as any of the bonds herein au- thorized or anv bonds ranking on a par- ity therewith remain outstanding it will keep proper books of record and ac- count, separate from all other municipal records and accounts, showing com- plete and correct entries of all transac. tions relating to said municipal water- works plant and system, and that the holders of any of said bonds shall have the right at all reasonable times to in- spect the plant and system and all records, accounts and data relating thereto. The City shall require the per- son in charge of the plant and system to make quarterly reports to the City Council on the operation of the plant and system, including a statement of the receipts and disbursements and the al- location of moneys to the se,:eral separate funds as required by this res- olution with comparable information for the same quarter of the then last preceding year, and a summary of each such report shall be promptly mailed to the original purchaser of the bonds here- by authorized. The City further agrees that it will within ninety (90) days fol- lowing the close of each fiscal year cause an audit of such books and ac- counts to be made by a certified public accountant not in the regular employ of the City showing the receipts and dis- bursements for account of the muni- cipal waterworks plant and system and that a copy of such audit will be for- warded to the original purchaser of the bonds herein authorized and summaries thereof will be forwarded to any holder of any of the bonds authorized to be issued under the terms of this resolution upon request. Each such audit, in addi. tion to whatever matters may be thought proper by the accountant to be included thereir, shall include the following: (a) A statement in detail of the income and expenditures of the municipal waterworks plant and system for such year, and for the next prior year. (b) A balance sheet for the current year. (c) The accountant's comments regarding the manner in which the City has carried out the requirements of this resolution, and his recommen- dations for any changes or im- provements in the operation of the plant and system. (d) A list of all the insurance policies in force at the end of the year, setting out as to each policy the amount of Adjourned Special Session, July 19, 1976 371 the policy, the risks covered, the name of the insurer and the expi- ration date of the policy. (e) The number of customers served by the municipal waterworks plant and system at the beginning and at the end of the period and the a number of gaandllons pumped All expenses incurred in the making of the audits required by this Section shall be regarded as a maintenance and operation expense. Sectlon 16. The provisions of this resolution shall constitute a contract between the City of Dubuque and the holders of the bonds herein authorized to be issued as may from time to time be outstanding and after the issuance of any of said bonds no change, variation or alteration of any kind of the provi- sions of this resolution may be made in anvmannerexcept as hereinafter in this section provided until such time as all of said bonds issued hereunder and inter. est thereon shall have been paid in full. The holders of two-thirds in principal amount of the bonds and parity bonds at any time outstanding (not including in any case any bonds which may then be held or owned by or for the account of the City, but including such refunding bonds as may be issued for the purpose of refunding any of the bonds herein authorized if such refunding bonds shall not then be owned by the City) shall have the right from time to time to consent to and approve the adoption by the City Council of the City of a resolu- tion or resolutions modifying or amending any of the terms or provisions contained in this resolution: provided, however, that this resolution may not be so modified or amended in such manner as to: (a) Make any change in the maturity or redemption terms of the bonds. (b) Make any change in the rate of interest borne by any of the bonds. (c) Reduce the amount of the principal payable on any bond. (d) Modify the terms of payment of principal of or interest on the bonds, or any of them, or impose any condi- tions with respect to such payment. (e) Affect the rights of the holders of less than all of the bonds then outstanding. (0 Reduce the percentage of the prin- cipal amount of bonds the consent of the holders of which shall be required to effect a further modification. Whenever the City shall propose to amend or modify this resolution under the provisions of this section, it shall (1) Prior to the publication of the notice hereinafter provided in (2), cause notice of the proposed amendment to be mailed to each of the holders of revenue bonds registered as to principal at the address appearing on the registration books and also to the original purchaser or purchasers of the revenue bonds, and (2) cause notice of the proposed amendment to be published one time in a financial newspaper or journal pub- lished in the City of New York, New York. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory resolution is on file in the office of the City Clerk for public inspection. Whenever at any time within one year from the date of the publication of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the bonds and parity bonds then outstanding as in this section defined, which instrument or in- struments shall refer to the proposed amendatory- resolution described in said notice, and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the City Council may adopt such amendatory resolution and such resolution shall become effective. If the holders of at least two-thirds in aggregate principal amount of the bonds and parity bonds outstanding as in this section defined, at the time of the adoption of such amendatory resolu- tion, or the predecessors in title of such holders, shall have consented to and approved the adoption thereof as herein provided, no holder of any bonds whether or not such holder shall have consented to or shall have revoked any consent as in this section provided, shall have any right or interest to object to the adoption of such amendatory res- olution or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or re- strain the City from taking any action pursuant to the provisions thereof. Any consent given by the holders of a bond pursuant to the provisions of this section shall be irrevocable for a period of six months from the date of such consent and shall be conclusive and binding upon all future holders of the same bond during such period. Such consent may be revoked at any time after six months from the date of such consent by the holder who gave such consent or by a successor in title by filing notice of such revocation with the 372 Adjourned Special Session, July 19, 1976 City Clerk, but such revocation shall not be effective if the holders of two-thirds in aggregate principal amount of the bonds outstanding as in this section defined shall have, prior to the attempt- ed revocation, consented to and ap- proved the amendatory resolution referred to in such revocation. The fact and date of the execution of any instrument under the provisions of this section may be proved by the cer- tificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgements of deeds within such jurisdiction, that the persons sign- ing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit or a wit- ness to such execution sworn to before such officer. The amount and numbers of the bonds held by any person executing such instrument and the date of his holding the same may be proved by the affidavit of such person or by a cer- tificate executed by any responsible bank or trust company showing that on the date therein mentioned such persons had on deposit with such bank or trust company the bonds described in such certificate. Section 17. If any section, paragraph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its passage and approval. Section 18. That all resolutions or orders or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 276-76 RESOLUTION directing the adver- tisement of $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa. WHEREAS pursuant to proper proceedings the City of Dubuque in Dubuque County, Iowa, has heretofore determined it to be necessary and advi- sable to construct improvements and extensions to the municipal waterworks plant and system of said City; and WHEREAS said City contemplates the issuance of $5,700,000 Water Revenue Bonds, 1976 Series, for the purpose of paying the cost of con- structing said improvements and ex. tensions, and it is necessary and for the best interests of said City that said bonds be offered for sale at this time; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That Water Revenue Bonds, 1976 Series, of said Citv in the amount of $5,700,000 be offered for sale pursuant to advertisement, said bonds to be dated July 1, 1976, with interest payable January 1, 1977, and semian- nually thereafter on the first days of July and January of each year, and to mature serially and in numerical order on July 1 of each of the respective years as follows: Year Amount Year Amount 1977 $100,0()0 1987 $300,000 1978 200,000 1988 300,000 1979 200 000 1989 300,000 1980 200,000 1990 350.000 1981 200,000 1991 350,000 1982 200,000 1992 400,000 1983 200,000 1993 400,000 1984 250,000 1994 400,000 1985 250,000 1995 400,000 1986 250,000 1996 450,000 but with the right reserved to the City to call and redeem the bonds maturing in the year 1991 to 1996, inclusive, prior to maturity in whole, or from time to time in part in inverse order of ma- turity and within a maturity by lot, on any interest payment date on or after July 1, 1990, on terms of par and ac- crued interest to the date of redemp- tion plus a premium of three per cent (3%) of the principal amount of any of such bonds called for redemption. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more successive weeks and on the same day of each week in the "Telegraph -Herald", a legal newspaper printed, published and of general cir- culation in Dubuque County, Iowa, such notice to state that bids will be received and acted upon by this Council at a meeting to be held at the Council Chambers in the City Hall, in theCitY of Adjourned Special Session, July 19, 1976 373 Dubuque, Iowa, at 1:00 o'clock P.M., on the 5th day of August, 1976. Section 3. That the City Clerk is further authorized to prepare such cir- culars for further advertisement as may be deemed advisable, in order to afford due publicity to the sale of said bonds. Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 277-76 RESOLUTION calling an election on the proposition of Issuing bonds for the purpose of con- structing a Civic Center, WHEREAS it is deemed necessary and advisable that the City of Dubuque, in Dubuque County, Iowa, construct and equip a Civic Center and acquire a site therefor in said City, for which purpose it will be necessary to borrow money and issue bonds of said City; and WHEREAS the construction and equipment of this Civic Center and the acquisition of a site therefor constitutes a "city enterprise" and a "general cor- porate purpose" within the meaning of Section 384.24 of the Code of Iowa, 1975, as amended; and WHEREAS the estimated cost of constructing and equipping said Civic Center and of acquiring a site therefor is $3,7tK1,000 and before this project can be carried out and before bonds of said City may be issued to cover the expense thereof, the question must be presented to the voters of said City for their ap- proval as required by Section 384.26 of the Code of Iowa, 1975, as amended; and WHEREAS under the provisions of Section 47.2 of the Code of Iowa, 1975. "amended, the County Commissioner of Elections is charged with the re. sponsibility of conducting all elections and he has approved the submission of this bond proposition at a special City election to be held on Tuesday, August 17, 1976, and has determined that voting machines shall he used at said election; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section I. That a special municipal election is hereby called and ordered to be held in and for the City of Dubuque, Iowa, on Tuesday. the 17th day of AUGUST, 1976, at which there shall be submitted to the voters of said City the following proposition, to wit: Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? Section 2. That for said election on said proposition the City shall be divid- ed into twenty-five precincts, the boun- daries of which shall be delimited by Ordinance No. 28-72 of said City. The polls shall be kept open from seven o'clock A.M. until eight o'clock P.M. and the polling places within the respective election precincts shall be as follows: Prec. Code Polling Places 1st 1 Marshall School — 1450 Rhomberg Ave. 2nd 2 Dubuque County Court- house — 720 Central Ave. 3rd 3 Sacred Heart School — 2211 Queen Street 4th 4 Christensen's Greenhouse — 2635 Windsor Ave. 5th 5 Holy Ghost School — 2901 Central Ave. 6th 6 Fulton School — 2540 Central Ave. 7th 7 Audubon School — 535 Lincoln 8th 8 Fire Station — West 18th & Central Ave. 9th 9 Amalgamated Meat Cut- ters Union Bldg. — 1111 Bluff 10th 10 Mercy Hospital Nurses Home — 252 Peabody lith 11 Bryant School — 1280 Rush 12th 12 YMCA Dodge & Booth Streets 13th 13 Washington Jr. High School — 51 No. Grandview 14th 14 Fire Station No. 4 — University & Atlantic 15th 15 Lincoln School — 1101 West 5th Street 16th 16 Jackson School — 715 West Locust 17th 17 Dubuque Senior High School — 19M Clark Dr. 374 Adjourned Special Session, July 19, 1976 18th 18 Irving School — 2520 Pennsylvania Ave. 19th 19 Kennedy School — 2135 Woodland Drive 20th 20 Hempstead High School — 3715 Pennsylvania Ave. 21st 21 Eisenhower School — 3170 Spring Valley Road 22nd 22 Wahlert High School — 2005 Kane Street 23rd 23 Wahlert High School — 2005 Kane Street 24th 24 No. 5 Engine House — 689 So, Grandview 25th 25 St. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road The polling place for the Absentee Ballot and Special Voters Precinct will be at the Dubuque County Courthouse in the City of Dubuque, Iowa. Section 3. That as required and provided for by Sections 49.53 and 384.26 of the Code of Iowa, 1975, as amended, the County Commissioner of Elections is hereby authorized, em- powered and instructed to issue a pro- clamation and notice of election on said proposition and of the time and places thereof, by publication of such notice in the "Telegraph -Herald", a legal news- paper published in said City of Dubuque, Iowa, and having a general circulation therein. As provided by Sec- tions 49.53 and 384.26 of the Code of Iowa, 1975, as amended, such notice shall be published in said newspaper at least once not less than four (4) nor more than twenty (20) days prior to the day of the election and shall show all public measures, including the bond proposition, to be voted upon at said election, the date of the election, the hours the polls will be open and the precincts and polling places for the election. Said notice shall be in sub- stantially the following form: NOTICE OF SPECIAL ELECTION ON CIVIC CENTER BOND PROPOSITION DUBUQUE, IOWA PUBLIC NOTICE is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on Tuesday, the 17th day of August, 1976, at which there will be submitted to the qualified voters of said City, to be by them voted upon, the proposition of issuing bonds of said City in an amount not exceeding $3,700,000 for the purpose of constructing and equipping a Civic Center and acquiring a site therefor in said City. At said election voting machines will be used for the submission of the afore- said proposition and ballots prepared therefor will have the proposition print- ed thereon in substantially the following form: (Form of Ballot) (Notice to Voters: For an affirma. tive vote on any question submit. ted upon this ballot, pull down the lever above the word "Yes". For a negative vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? The polls for said election will be open from seven o'clock A.M. until eight o'clock P.M. of said day. For said election the City will be divided into twenty-five election precincts, the boundaries of which shall be as delimited by Ordinance No. 28.72 of said City, and said precincts and the respective polling places therefor will be as follows: Proc. Code Polling Places 1st I Marshall School — 1450 Rhomberg Ave. 2nd 2 Dubuque County Court- house — 720 Central Ave. 3rd 3 Sacred Heart School — 2211 Queen Street 4th 4 Christensen's Greenhouse — 2635 Windsor Ave. 5th 5 Holy Ghost School — 2901 Central Ave. 6th 6 Fulton School — 2540 Central Ave. 7th 7 Audubon School — 535 Lincoln 8th 8 Fire Station — West 18th & Central Ave. 9th 9 Amalgamated Meat Cut- ters Union Bldg. — till Bluff 10th 10 Mercy Hospital Nurses Home — 252 Peabody lith Il Bryant School — 1280 Rush 12th 12 YMCA Dodge & Booth Streets 13th 13 Washington Jr. High School — 51 No. Grandview 14th 14 Fire Station No. 4 — University & Atlantic 15th 15 Lincoln School — 1101 West 5th Street 16th 16 Jackson School — 715 West Locust Adjourned Special Session, July 19, 1976 375 17th 17 Dubuque Senior High School — 1800 Clark Dr. 18th 18 Irving School — 2520 Pennsylvania Ave. 19th 19 Kennedy School — 2135 Woodland Drive 20th 20 Hempstead High School — 3715 Pennsylvania Ave. 21st 21 Eisenhower School — 3170 Spring Valley Road 22nd 22 Wahlert High School — 2005 Kane Street 23rd 23 Wahlert High School — 2005 Kane Street 24th 24 No. 5 Engine House — 689 So. Grandview 25th 25 St. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road The polling place for the Absentee Ballot and Special Voters Precinct will be at the Dubuque County Courthouse in the City of Dubuque, Iowa. All qualified voters of said City are hereby notified to appear at said elec. tion, each to vote at the polling place for the election precinct in which such voter resides, or permitted by statute. This notice is given by order of the City Council of the City of Dubuque, Iowa, and the County Commissioner of Elections, pursuant to Chapters 47, 49, 376 and 384 of the Code of Iowa, 1975, as amended. DATED at Dubuque, Iowa, this ..... day of ......., 1976. ..........I ................. County Commissioner of Elections Salon 4. That voting machines shall be used for said election and the County Commissioner of Elections is authorized and directed... to cause ballots for vot. ing on said proposition to be prepared in such size as will permit the same to be inserted in the proper place in each voting machine in substantially the fol- lowing form: (Fore: of Ballot) (Notice to Voters: For an affirma- tive vote on any question submitted upon this ballot, pull down the lever above the word "Yes". For a nega- tive vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque. Iowa, issue its bonds in an amount not exceeding the amount of $3.700,000 for the purpose of constructing and equiPPing a Civic Center and ac. quiring a site therefor in said City? The County Commissioner of Elec. tions is authorized and directed to have the ballots for absent voters prepared on yellow colored paper in substantially the following form, with his facsimile signature in the space provided therefor on the back of the ballot: (Face of Ballot) (Notice to Voters: For an affirma- tive vote on any question submitted upon this ballot make a cross (x) mark on check (✓) in the square after the word "Yes". For a nega- tive vote make a similar mark in the square following the word "No".) SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? (Back of Ballot) Official Absent Voters Ballot for Bond Proposition Special Election, Dubuque, Iowa August 17, 1976. (Facsimile Signature) County Commissioner of Elections Absentee Ballot and Spacial Votes Precinct County Courthouse, Dubuque, Iowa Section S. That for said election the Precinct election officials in the respec- tive election precincts shall be appoint- ed by the County Commissioner of Elections as required by Sections 49.12 and 49.13 of the Code of Iowa, 1975, as amended. Section S. That upon the closing of the polls for said election the precinct election officials therefor shall file reports of the results of the vote on said proposition with the County Commis- sioner of Elections in order that such results may be referred to the County Board of Supervisors at its meeting to be held on the next Monday after said election at the County Courthouse, Dubuque, Iowa, at 9:00 o'clock A.M. for the purpose of canvassing and declaring the results of said election, as required and provided for by Section 50.24 of the Code of Iowa, 1975, as amended. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section S. That this resolution be in force and effect immediately upon its passage and approval. 376 Adjourned Special Session, July 19, 1976 Passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 278-76 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. Leonard "Jack" Crane, 2245 J.F.K. Rd. Eska Co., 2400 Kerper Blvd. John P. Mihalakis, 2095 Kerper Blvd. Merchants Hotel, 304 Main St. Milk House (Ed Tegeler), 2850 Burling- ton St. Helen Spielman, 2401 Windsor Ave. Robert Broughton, 205 Locust Street Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzbergrer Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Application of Transfer of Beer Per- mit by Dubuque Jaycees from 1023% Main Street to McAleece Field for July 29th to August 15th and September I I th & 12th, 1976, presented and read. Coun. cilman Tully moved that the transfer be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 279-76 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 "C" BEER PERMIT Earl Tegeler, d/b/a Milk House, 2850 Burlington St. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- men Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 280-76 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 oc- cupied by such applicants were inspect- ed and found to comply with the Ordi- nances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Earl Tegeler, d/b/a Milk House, 2850 Burlington St. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Adjourned Special Session, July 19, 1976 377 Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Rradv RESOLUTION NO. 281-76 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 following applications 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 Patricia Revelle, d/b/a Choral Club, 2776 Jackson Street Sally Josephine Roy, d/b/a Corner Tavern, 400 Central Avenue Roger R. Piekenbrock, d/b/a The Red- stone, 504 Bluff Street Parochetti Enterprises Inc., d h a Dave's Point After, 2600 Dodge Street CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Sun- day Sales), 701 Dodge Street Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tullv Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 282-76 WHEREAS, applications for Liquor Licenses were filed by the within named Applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc. cuPied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia Revelle, d/b/a Choral Club, 2776 Jackson Street Sally Josephine Roy, d/b/a Corner Tavern, 400 Central Avenue Roger R. Piekenbrock, d/b/a The Red. stone, 504 Bluff Street Parochetti Enterprises, d/b/a Dave's Point After, 2600 Dodge Street CLASS "B" (MOTEL -HOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Sunday Sales), 701 Dodge Street Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Councilman Stackis moved that the Mayor be authorized to communicate with the City Development Board transmitting annexation report and ex- pressing unanimous opinion of Council favoring November 2nd as election date on annexation. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. At 8:55 P.M. Councilman Wertzberger moved to go into Executive Session to consider appointments to Boards & Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis. Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Council Reconvened in Regular Ses- sion at 9:07 P.M. 378 Adjourned Special Session, July 19, 1976 Mayor Lundh moved that the follow- ing appointments be affirmed and approved: Dr. Frank E. Ceccarelli to the Plumb- ing Board, term expiring I1-2-80; Charles Oberembt, Ray Kluck and Roy Sprengelmeyer to the Electrical Ex- amining Board, ternIs expiring 7.12-80; Paul Uhlrich, Mike Cahill and Walter Johnson to the Electrical Appeal Board. terms expiring 7-12.80. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. There being no further business. Councilman Wertzberger moved to ad- journ. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Leo F. Frommelt City CIerk Approved December 6, 1976 Adopted December 6, 1976 CITY COUNCIL OFFICIAL Adjourned Special Session, July 20, 1976. Council Met at 4:00 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Stackis at Roll Call. Mavor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THE MEETING. Councilman Tully 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 Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Al Gatena of 1806 Glendale Ct. stated to the Council - This is poor example of an open meeting; No large manufac- turer would be interested in downtown congested area; Caradco should not have preferred treatment; Council ideas are not wrong, however mature; Tax- payer's money should not be used on a gamble; City government should not become involved in private enterprise; Suggesting to table the situation for a two year period. Councilman Stackis entered the Council Chambers at 4:07 P.M. George Stackis spoke to Council stating Caradco could sell as warehous- ing; Main objective now is to find jobs for 500 people; It is not a bail out. Allan Thorns addressed the Council saying 500 jobs are being considered for Session, 20, 1976 379 employment; Consider,Community Development Funds in that particular area; Areas in the Community are thin at the present time; Peosta area is not a local tax base; Flexibility could be put into the tax base. Bob Dorothy stated the purchase of Caradco Buildings is not as a bail out for Caradco; Requesting to look at it strict- ly as a business proposition; Will need 400 acres within the next 15 years; 91n acres is land in the bank. Mrs. Sacco representing the League of Women Voters, questioned Where will money come from; Is Council being pressed in a short period of time? She had received a lot of calls opposed to purchase of Caradco; People should be fully aware of situation; Suggesting to buy some time after referendum on Civic Center and annexation; Possible have a survey thru Advisory Commission. Councilman Brady moved to make an offer to Caradco at the present price per acre as on Industrial Island. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Wertzberger. Nays — Councilmen Stackis, Tully. At 5:18 P.M. Councilman Tully moved to go into Executive Session for dis- cussing price and enter into negotia- tions. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays Councilman Brady. Councilman Brady did not attend Ex- ecutive Session. Council reconvened in Regular Ses- sion at 5:35 P.M. Mayor Lundh made the following statement: "City Council has offered Mr. Day of Caradco the price suggested 380 Adjourned Special Session, July 20, 1976 at the table. At this time further discus- sions for purchase of Caradco is finished". Councilman Tully moved to cease negotiations with Caradco for property about to be vacated. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh. Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. There being no further business. Councilman Stackis moved to adjourn Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clecck Approved December 6, 1976 Adopted December 6, 1976 December 6 Ado .................... 19 ................................. .......... r.. ........... Councilmen Atte Clerk Regular Session, August 2, 1976 CITY COUNCIL OFFICIAL Regular Session, August 2, 191 Council Met At 7:30 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose of act- ing upon such business as may properly come before the Meeting. Tim Stockman spoke to the Council on pollution. A Proclamation proclaiming Monday, August 9, 1976 as "Jose Cardenal Day" in Dubuque, Iowa was approved and signed by the Mayor. Communication of Community Development Commission submitting minutes of their meeting of July 13, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Airport Commission submitting minutes of their meeting of July 8, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of July 21, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meetings of July 8th and July 16, 1976, Presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Commis - 381 sion submitting minutes of their meet- ing of July 20, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of July 27, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of State Historical Department of Iowa informing the City that Washington Park has been recom- mended by the State Nominations Review Committee for inclusion in the National Register of Historic Places, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notices of Expiration of Right of Redemption and for Taking Tax Deed for the following properties "Lots 14 and 15 in Kings Grove Addition in the City of Dubuque, Iowa; Lot 2 of the Subdivision of Lot I of Block 13 of Steger Heights in the City of Dubuque, Iowa; North 34 feet of the Westerly 100 feet of Lot 7 of the Subdivision of City Lots 438, 439 and part of 676 in the City of Dubuque, Iowa; Lot 2 of the Subdivision of Lot "B" in Cooper's Subdivision of Out Lot 727 in the City of Dubuque, Iowa; and Lot 99 in Belmont Addition in the City of Dubuque, Iowa", presented and read. Councilman Tully moved that the No- tices be referred to the City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 29, 1976 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 Code of Iowa, of the 1975 Code of Iowa the Civil Service Com- mission conducted BUS OPERATOR examinations on July 28, 1976. The following named applicants have 382 Session, August 2, 1976 passed the written examinations and are hereby certified for appointment as follows: Schlickman, Douglas L. 98% Tischhauser, Roger D. 92% Ostert, Gary L. 90% Driscoll, Roger J. 86% Laughlin, Robert E. 86% Nicol, Gary A. 86% Vize, Lawrence A. 86% Stone, Wayne D. 84% Merz, Dennis R. 82% Evans, Jeffrey L. 80% The above list of certified applicants constitutes the first ten to be considered for appointments. We have a second list of nine applicants that have passed the required percentage of 70%, next high- est in standing, which can be considered if the above list of the aforementioned ten applicants is exhausted within one year. Sr. Carolyn Farrell Chair person John E. Hess Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 29th day of July 1976. Z.D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and be made a matter of record. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 29, 1976 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provisions of Chapter 400, Code of Iowa, of the 1975 Code of Iowa the Civil Service Com- mission conducted HEATING INSPEC- TOR I examinations on July 28, 1976. The following named applicant passed the written examination and is hereby certified for appointment. Ehlers, Thomas G. 74% Sr. Carolyn Farrell John E. Hess Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 29th day of July 1976. Z.D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and be made a matter of record. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Peoples Natural Gas serving notice of a general gas rate increase to an average of 6.47% to be effective on and after August 28, 1976, presented and read. Councilman Tully moved that the communication be received and filed and referred to the City Solicitor to file resistance. Second• ed by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 23, 1976 Mr. Leo F. Frommelt City Clerk Attached is the original assignment of the Bicentennial paintings. I thought that you should have it in your file. Gilbert D. Chavenelle City Manager ASSIGNMENT For valuable consideration received, Dubuque'76, Inc., an Iowa Corporation. does hereby sell, transfer and assign to the City of Dubuque, Iowa, all its right, title and interest in and to the series of Bicentennial Paintings, being comprised of Paintings Nos. 1 through 7, and enti- tled respectively as follows: "New Beginnings", "Dubuque Gothic (Democratic Caucus)", "Citizens and the Flag (Another Opening, Another Show)", "Circumnavigators - '76", "In Search of a Song". "A Love of Land and Community", "Homage to a Visionary This Assignment includes but is not limited to all copyrights and reproduc- tive rights, and all other rights. The Assignor further warrants that it has made no transfer, assignment, pledge, sale, encumbrance or other disposition of any kind of the personal property above mentioned, which has not been previously discharged. DUBUQUE '76, INC., BY Dennis Naughton President AND Arnold N. Honkamp Treasurer STATE OF IOWA DUBUQUECOUNTY On this 19th day of July. 1976, before Regular Session, August 2, 1976 383 me, the undersigned, a Notary Public in and for said County and said State, personally appeared Donnie Naughton and Arnold N. Honkamp, to me person- ally known, who, being by me duly sworn, did say that they are the Pre- sident and Treasurer, respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dennis Naughton and Arnold N. Hon- kamp, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said cor- poration, by it and by them voluntarily executed. James A. Reynolds Notary Public in and for said State Councilman Lundh moved that the communication be received and filed and Assignment be made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 27, 1976 Honorable Mayor and City Council I am returning to you the petition of the Dubuque Rotary Club for an auction sale at Town Clock Plaza to be held on September 18th or alternately on Sep- tember 25th. I recommend that the petition be granted. In support of this recommen- dation, 1 am enclosing a letter from Harold Zimmerman who investigated the request. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be granted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilman Brady, Stackis, Tully, Wertzberger. Nays — None. Honorable Mayor July 22, 1976 and City Council 1 herewith submit the reports of the City Treasurer, Finance Director, Water Superintendent, Health Department, and a list of claims paid, for the month of June 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 22, 1976 Honorable Mayor and City Council 1 herewith submit a certified copy of the audit of the City of Dubuque Water Department for the period July 1, 1975 - June 30, 1976, by O'Connor, Brooks and Company. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 28, 1976 Honorable Mayor and Members of the City Council Please be advised that I have ap- proved the following General Liability and Workmen's Compensation policies for Merle Goerdt d/b/a M.F. Goerdt Construction Co. from April 26, 1976 to April 26, 1977, Policy No. GA 795451 and WC 505952, and request filing approval. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of Dan Harkey, in the amount of =75,000., for personal injuries received as the result of beating by police officers on May 31, 1976, at Maas Park, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Suit by William L. Beau- champ Sr., in the amount of $11,680., for personal injuries received in a fall on an ice covered sidewalk at 8tH Rose Street on January 30. 1976, presented and read. Councilman Wertzberger moved that the Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried 384 Regular Session, August 2, 1976 by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 29, 1976 Honorable Mayor and Councilmen The question has been posed to the City Council, City of Dubuque, Iowa, by way of numerous inquiries and com- plaints arising out of or connected with the announcement by Teleprompter of Dubuque, that it proposes to delete present Channel 11 from its current channel listing serving the Dubuque, Iowa audience in order to accommodate the new or regenerated T.V. station KDUB. Teleprompter proposes to carry the KDUB system on the said Tele- prompter system in lieu of the present Channel 11. For your information Channel 11 presently and for some time heretofore is listed as WHA T.V. Madi- son, and is designated as an Educational station. The question posed appears to be whether or not such substitution of channel should be permitted by Tele- prompter Company and whether or not there is any legal basis for resisting such a proposed move or change. According to the company's own de- scription of channel listing the present system carries twelve channels, chan- nels being numbered two (2) through thirteen (13) inclusive. Channel II is described as serving WHA T.V. Madis- on, Wisconsin and designated as an Educational Channel. The Teleprompter Company in letter of August 9, 1974, in the third paragraph thereof relates the fact that the com- pany started off with five channels in 1955, then in 1974 increased the broad- cast channels to twelve which included two Chicago independent stations relayed by common carrier micro -wave and in addition and by means of time sharing, Teleprompter carried a total of thirteen broadcast signals plus three additional local area originated services. In a recent conference with the com- pany representative Mr. Chaveuelle in- quired upon what basis the proposed substitution or change in station was being made or founded, and was such proposed change based upon some regulations or rule to which the com- pany was bound to adhere? Mr. Chavenelle was advised in my presence by the Teleprompter Company repre- sentative that the determination of selecting which station or channel to delete in order to accommodate the new KDUB signal was soley within the dis. cretion of the company. In examining the file pertaining to the companys position of this matter, the present posture of the company does not appear to be consistent with repre- sentations made by it heretofore. You will recall that in support of its application for a rate increase, the letter from the company August 9, 1974, referred to the present twelve channel signals as above outlined. Notes of meeting between Teleprompter Com- pany representatives and members of the City Council and City Manager of February 1, 1975, show it was then un- derstood and acknowledged that the company would provide or guarentee to operate a system of twelve channel capacity. Thereafter on February 6, 1975, in response to the work session of Fe- bruary I, 1975, Company Counsel, for and on behalf of the Teleprompter Company, wrote to the Mayor and the City Council a letter wherein it was stated that Teleprompter system of Dubuque at that present time was a twelve channel capacity system and Teleprompter would continue to main- tain a twelve channel capacity system and carry the existing channels, unless prevented from doing so for reasons beyond the legal control of Tele- prompter such as acts of God, storms, Floods, ice, wind, lightning, power failures, cessation by stations, common carrier failures, accidents and FCC Regulations. The foregoing communications to the City Council was in the opinion of this writer a material representation to sup- port a petition for a rate increase, which petition was submitted to the City Council by Teleprompter Company. It is the opinoin of this writer that City Council, City of Dubuque, Iowa, had a right to rely on such material represen- tation in making its determination whether or not to grant a rate increase. It appears that in fact after the letter of February 6, 1975, that the City Council, City of Dubuque, Iowa did grant a rate increase. The unilateral position or posture of the Teleprompter Company at this time in providing that it will remove one of the existing channels (Channel 11), in order to accommodate the signal of the new KDUB station in lieu thereof, in the opinion of this writer constitutes a var- iance from said material representation. In conclusion it is the opinion of this writer that in the event that the City Council determines or decides to twelve require the company to carry the Session, August 2, 1976 385 nel capacity system and carry the exist- ing channels, that it would have a legal basis to do so based on the material representations heretofore made to the City Council as a basis for petition for rate increases. Attached hereto is machine copy of letter of August 9, 1974, copy of notes of meeting of February 1, 1975, and letter of February 6, 1975 and Telepromoter Company listing of channels are at- tached hereto. R.N. Russo City Attorney Councilman Wertzberger moved that the communication be received and filed and referred to the TV Cable Com- mission. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. July 29, 1976 To the Honorable Mayor and City Council In the budget hearings for FY '77 we expressed needs for increasing revenue from our sewage rental funds by about $300,000. We are now submitting an ordinance with revised rates for your adoption that will increase annual revenue by $291,700 (Exhibit 1). Revenue for the operation and main- tenance of the sanitary sewer system originates from two sources (Exhibit 2). First, the large customers have in- dividual contracts with the City and have paid a percentage of the capital costs of the treatment facility and will continue to pay operating and mainten- ance costs annually. The second source of revenue is from all other accounts connected to the sanitary sewer system. The need for additional revenue emanates for two reasons: first, on the completion of the present im- provements at the treatment plant the annual maintenance and operating costs will increase and, secondly, the City has been fortuitous in the past four years of receiving retroactive payments from the State in an amount approach- ing $300,000 annually. Those payments were used for operating purposes. The last of these payments was received in FY'76(Exhibits 3 & 4). The new rates have been adjusted by the same amount for all rate steps. We believe this concept for the adjustment of the sewage rates is equitable con- sidering the non -industrial volume han- dled by the plant and the characteristics of the sewage is essentially the same all times of the year. We would request your adoption of the attached ordinance incorporating the new rate structure. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. AN ORDINANCE amending Ordin- ance No. 35-57 by repealing subsection a. of Section 4 thereof and enacting a new subsection a. of Section 4 in lieu thereof; by repealing subsection b. of Section 4 thereof and enacting a new subsection b. of Section 4 in lieu thereof; by repealing subsection c. 5 of Section 4 thereof and enacting a new subsection c. 5 of Section 4 in lieu thereof; by repealing Section 8 thereof and enacting a new Section 8 in lieu thereof to provide for revision of Schedule of Rates, to provide for minimum sewage rental charges and to provide for penal- ty for failure to pay such charges; and repealing Ordinance No. 65-68, present- ed and read. Councilman Stackis moved that the Ordinance be tabled to the Council Meeting of September 7, 1976, at 7:30 o'clock P.M. in the Council Chambers. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Lions Club requesting use of parking lot at McAleece Field for September 7, 1976, sponsoring a circus, presented and read. Councilman Stackis moved that the request be approved subject to coordination of the City Manager. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Iowa Grotto Ass'n. requesting permission to conduct a par- ade on October 9th, 1976, presented and read. Councilman Stackis moved that the request be approved subject to coordination of the City Manager. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of St. Anthony's Parish requesting permission to close Rosedale Ave. on September 26, 1976 from 10 o'clock A.M. to 8 o'clock P.M. to con- duct their Fall Festival, presented and 386 Regular Session, August 2, 1976 read. Councilman Stackis moved that the request be approved subject to coordination of the City Manager. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Hempstead High School Student Government group requesting permission to conduct a Homecoming Parade on October 1, 1976, presented and read. Councilman Stackis moved that the request be approved subject to coordination of the City Manager. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of A. J. Smith et al (32 signers), residents on Jackson Street in the 20th and 21st Street area, requesting removing of regulatory signs prohibit- ing parking after 12 A.M. on alternate days of the week provided for street cleaning, presented and read. Councilman Stackis moved to su- spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Mark Gilligan of 2139 Jackson Street, spoke to the Council relative to the Petition. Councilman Lundh moved that the petition of A. J. Smith be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of St. Anthony Messenger requesting permission to solicit magazine subscriptions as in previous years, presented and read. Councilman Stackis moved that the request be granted subject to final approval of the City Manager. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of "The Power of Prayer Inc." requesting permission to conduct a power of prayer procession in coopera- tion with local churches on Sunday, October 3, 1976, presented and read. Councilman Stackis moved that the request be granted subject to final ap- proval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construe. tion of Cooper Place Steps from W. 5th St. to Cooper Place, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Stackis Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Mr. Paul Gruber objected to the proposed plans and specs, as submitted. NO FURTHER ACTION TAKEN ON THE PROJECT. Councilman Wertzberger moved that the Engineering Department sub. mit another proposal, specs. and con- tract coming down the land as proposed, and grading for path and park area. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 283.76 Authorizing Submission of a Request for Release of Funds for Certain Com- munity Development Block Grant Projects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on June 23, 1976 and completed an Environ- mental Assessment of the following identified proposals (projects) with Community Development Block Grant funds; and Rehabilitation Loan and Grant Program in Four Community Development Project Areas Emergency Home Repair Program in Four Community Development Project Areas Tool Lending Library Sponsored by Washington 'Fool Library, Inc., a nonprofit corporation. WHEREAS, pursuant to Resolution No. 246-76 adopted July 6, 1976, Public Notice of a "Finding of no significant effect on the environment" for the proposal (project) was published July 7, 1976, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976; and WHEREAS, Public Notice of a "Find. Regular Session, August 2, 1976 387 ing of no significant effect on the envir- onment" for the proposals (projects) was sent by regular mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified projects; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the proposals (projects) shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment on the 10th day of August, 1976, a request for release of funds to undertake the said Projects. Stiction 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmen. tal issues. Stiction 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section S. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Certifica- tion pertaining to the environmental review procedures. Section S. That the City Clerk be and he is hereby authorized and directed to Publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City of Dubuque intends to file a request on August 10, 1976, for Release of Funds for Certification of the following iden- tified projects to be undertaken with funds made available under Title 1 of the Housing and Community Development Act of 1974. Rehabilitation Loan and Grant Program in Four Community De- velopment Project Areas Emergency Home Repair Program in Four Community Development Project Areas Tool Lending Library Sponsored by Washington Tool Library, Inc., a non-profit corporation The City of Dubuque has made an Environmental Review Record for the projects, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa, where said records may be examined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 26th day of August, 1976. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Alvin E. Lundh. The mailing address for both the applicant and the Chief Ex- ecutive Officer is City Hall, 13th and Iowa Streets, Dubuque, Iowa. The City of Dubuque will undertake the projects described above with block grant funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Alvin E. Lundh, in his official capacity as Mayor, consent to accept the juris- diction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satis- fied. The legal effect of the certification 388 Regular Session, August 2, 1976 is that upon its approval, the City of Dubuque may use the block grant funds and HUD will have satisfied it s respon- sibilities under the National Environ- mental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certifica- tion was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD; or (b) that applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process. Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and may be addressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objection received after the 26th day of August, 1976, will be considered by HUD. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. RESOi UTION NO. 284-76 WHEREAS, the MAYOR'S INDUS- TRIAL COMMITTEE, composed of At Lundh, Mayor, Wayne Moldenhauer, Chairman Board of Dock Commis. sioners, and Robert Dorothy, Director of Dubuque Area Industrial Develop- ment Corporation, recommended to the City Council of City of Dubuque on July 19,1976 that the application to purchase certain City owned real estate by Ther- mo King Sales & Service of Dubuque. Inc. for the purpose of erecting a build- ing thereon of approximately 15,000 square feet for the purposes of man. ufacture, offices and parts room, be approved; and WHEREAS, City Council of the City of Dubuque, Iowa has examined said application and recommendation by the MAYOR'S INDUSTRIAL COMMITTEE and find that the sale of said real estate should be approved; and WHEREAS, said real estate sought to be purchased by Thermo King Sales & Service of Dubuque, Inc. is described and known as: Lot 9 of Block 1 of "RIVER FRONT SUBDIVISION NO, 5" in the City of Dubuque. Iowa, an area of approx- imately 2.131 acres. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application of THERMO KING SALES & SERVICE OF DUBUQUE, INC. to purchase a parcel of city -owned real estate in the City of Dubuque, Iowa which real estate is described and known as: Lot 9 of Block I of "RIVER FRONT SUBDIVISION NO. 5" in the City of Dubuque. Iowa, an area of approx. imately 2.131 acres be and the same is hereby approved upon the following terms and conditions: 1. That the said real estate be sold to Thermo King Sales & Service of Dubuque, Inc. for the construction and erection of a building thereon approximately 15,000 square feet in size to provide for manufacturing purposes, office space, conveniences and parts room. 2. That the sale price for said real es. tate shall be $20,908.80 per acre or $44,556.65 for the total purchase price, with ten percent thereof being paid as down payment, receipt whereof is hereby acknowledged by the City. 3. That construction of said building shall be commenced within one (1) year from date of delivery of deed and the passage of this Resolution and shall be completed within twenty- four (24) months of delivery of deed and upon failure so to do or failure to make improvements to the land within eighteen (18) months by Ther- mo King Sales & Service of Dubuque. Inc., purchaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all build- ings, yards, parking lots, fences and ancillary improvements shall be con- structed in conformance with City codes, and manufacturing processes carried out in accord with City Ordinances. 5. That the City of Dubuque. Iowa retains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. SoaWn 2. That the City Clerk be and he is hereby authorized and directed to Regular Session. August 2, 1976 389 publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution and that a Public Hearing be held on September 7, 1976, at 7:30 o'clock P.M. in the Council Chamber at City Hall. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Resolution of Necessity for Con- struction of W. 32nd Street Sanitary Sewer from Carter Road to J.F.K. Road, presented and read. Verne Boyes, Wm. Misko, Karen Dil- lon voiced objections to construction of sewer for various reasons. Cecil Mohr stated if program is to continue, put in dogleg, would grant easement. S. McKinley stated he had no trouble with his septic tank. Atty. Joseph J. Bitter, representing Agnes Steines and Herman Steines, stated no benefits received from sewer for payment of assessment, rough terrain. Clyde Boge and Earl Rohr also stated objections to the construction of the sewer. James Gruber addressed the Council as being in favor of the sewer; Most economical time is now; Prepared to give easement; If sewer does not go in, no easement. Gus Mihal felt that City is obligated to provide City sewer and water and is in favor of services. Coun. cilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Statement of City Clerk certifying that notices of public hearing were mailed by certified mail to property owners of record subject to assessment to pay for cost of constructing W. 32nd Street Sanitary Sewer, presented and read. Councilman Stackis moved that the Statement be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Petition of Verne Boyes et al (9 signers) objecting to construction of sanitary sewer presently proposed for Brueck Road & Blasen Drive, presented and read. Councilman Stackis moved that the petition be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Petition of H. Redmond objecting to construction of W. 32nd Street Sanitary Sewer, presented and read. Councilman Stackis moved that the petition be received and filed. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — Norte, (Ntucesslty for Improvement) RESOLUTION NO. 253-76 WHEREAS, proposed plans. specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be assessed together with a valuation fixed by the council. 3. 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. a. In each case the amount thereof which is estimated to be assessed against each lot, for the West 32nd street Sanitary Sewer extension. BE 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 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 proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have Regular Session, August 2, 1976 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 be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of July. 1976, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECIFICA- TIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 285-76 WHEREAS, proposed plans and specifications and form of contract for the West 32nd street Sanitary Sewer Extension 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, 1975 as amended 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 --,,& „nprovements, said time being this 2nd day of August, 1976; and WHEREAS, the City Council met in regular session this 2nd day of August, 1976, 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 de- scribed 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 objections 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 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, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Stackis. (Ordering Construction) RESOLUTION NO. 286-76 BE IT RESOLVED by the City Court cil of the City of Dubuque that pursuant to a resolution of necessity No. 253.76 which was duly passed by this Council, for the construction of West 32nd street Sanitary Sewer Extension be 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 Regular Session, August 2, 1976 391 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 special assessments against the private - Iv owned property lying within the as- sessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of sewer bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law the said improvements shall be completed on or before 60 days after notice for completion has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and Of immediate necessity shall bein force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr Richard Wenzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wenzberger. Nays — Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of Finding of no significant effect on the Environment for various projects under Title 1 of Housing & Community Development Act. presented and read. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wenzberger. Nays — None. Honorable Mayor July 29, 1976 and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 18 of "Buena Vista" Subdivision lying at the north- west intersection of Asbury Road and Bonson Road in the City of Dubuque, Iowa. The Commission has found the plat to be in conformance with the Subdivision Regulations of the City of Dubuque, Iowa and recommends your favorable consideration of Lots 1 through 18 of "Buena Vista" Subdivision subject to compliance with the requirements of the City Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wenzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wenzberger. Nays -- Nome. RESOLUTION NO. 287-76 Resolution Approving the Plat of Buena Vista Subdivision No. 1 in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as BUENA VISTA SUB- DIVISION NO. 1 in the City of Dubuque, Iowa, by Carl J. Burbach and Mary Ann Burbach, and WHEREAS, upon said plat appear streets to be known as La Vista Court, Seville Drive, and Hacienda Drive, together with certain public utility ea- sements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: 392 Regular Session, August 2, 1976 Section 1. That the dedications of La Vista Court, Seville Drive, and Hacien- da Drive, together with the new ea- sements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of BUENA VISTA SUBDIVISION NO. I 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 attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface La Vista Court, Seville Drive, and Hacienda Drive with bituminous concrete, or with concrete paving with integral curb, and to construct concrete curb and gutters on the west side of Bonson Road, all in accordance with City of Dubuque standard specifications. b. To install sanitary sewer m9ins and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch - basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct all improvements in compliance with any and all applica- ble City of Dubuque Specifications and as approved by the City Engineer; g. To maintain the foregoing im- provements for a period of four (4) years from date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Subdividers, Carl J. Bur- bach and Mary Ann Burbach, as owners; i. To construct said improvements, ex- cept sidewalks, prior to June 1, 1978, and to construct the sidewalks prior to June 1, 1980; j. To install in accordance with City Specification, boulevard street light. ing within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision; and further, provided that said Carl J Burbach and Mary Ann Burbach, a: owners of said Subdivision, secure thr performance of the foregoing condi- tions by providing security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Carl J. Burbach and Mary Ann Burbach shall fail to execute the acceptance and fur- nish 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 accep- tance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll call this 2nd day of August. A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 287-78 We, the undersigned Carl J. Burbach and Mary Ann Burbach having read the terms and conditions of the foregoing Resolution No. 287-76 and being familiar with the conditions thereof, hereby ac. cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 6th day of August, 1976. Carl J. Burbach Mary Ann Burbach TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 287-76 has been furnished by the owners. Dated at Dubuque. Iowa, this 10th day of August, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved adoption of the resolution. Seconded by Council. man Wertzberger Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO, 288-76 WHEREAS the Dubuque City Coun. cil desires to: 1. Increase the efficiency of Dubuque's council-manager form of government. 2. Improve coordination within city staff. 3. Improve information flow from city Regular Session, August 2, 1976 staff to City Council and to the community. 4. Develop a capability for a continual in-house organizational and func- tional review and analysis in city hall, and WHEREAS the assistance of qualified individuals in the fields of government, business and the academic community would be beneficial to the analysis and study of Dubuque's city government, and WHEREAS the Dubuque community abounds with the requisite talent to accomplish said study, THEREFORE BE IT RESOLVED that the Dubuque City Council hereby creates the Dubuque Municipal Government Task Force to study and to recommend organizational and procedural changes within Dubuque's council-manager form of government. Passed, adopted and approved this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved approval of concept and adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilman Brady, Stackis, Tully, Wertzberger. Nays — None. Mayor Lundh moved to consider further changes at the next Council Meeting in an Executive Session. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 289-76 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 Peru to sell Cigar- ettes and Cigarette Papers within said City. Mister Donut, 914 Dodge Street Pete Sfikas, 401 Central Avenue Randall's F'oodarama =2, 2013 Central Avenue Richard Schurbun, 1091 Main Street Passed, adopted and approved tills 2, 1976 393 2nd day of August 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 2W76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT The Church of the Nativity, 1225 Alta Vista St. Columbkille Church, 1240 Rush Street John P. Frangos, 1236 Iowa Street Women's Recreation Assn., Inc., McAleece Ball Field CLASS "C" BEER PERMIT Randalls International, 2013 Central Avenue Passed, adopted and approved this 2nd day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 291-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the Regular Session August 2, 1976 Yeas — Mayor Lundh. Councilmen Brady, Stackis. Tully, Wertzberger Nays — None. RESOLUTION NO. 292-76 WHEREAS. applicatir,ns 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 following Applications tie 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 James .1. Klducr, 1646 Asbur) Road Pete S. Sfikas, 401 Central Avenue Imperial Lanes, Inc., 3505 Stoneman Road Passed, adopted and approved this a -td Uv it 3..gust A -S Y.v:n "-.ustth Nay rnr nimnas k ? uhv .:r R:Ctar3 'Aer^ :times E. 3radr Emil Scant s Counczimen ATTEST Lens F Frommen Citv Clerk CowtcIman Stuns Moved actamlar. of the rewiutsnn. Seconded Iv ,none- man Tony Carried by ate 'niinw-n¢ 7rSta'' Ye" — Mawr r .indh-,Sunc.hr- Hrady. Stackis. ` . .; .—.-rserza• RESOLUTION NO 293-78 '10-HEREAS. applicata ns for ui::_ - Lrenses rere filed by c:se wahat name appitcants and they hasr,. re-ceived the approv at of this Counts!: and %'HEREAS. the premises to be -)c- capted by such appitunts were snsp. tected and found to comply with :tae State Law and all City Ordinances reievant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Councs; :;f Dubuque. Iowa. that the Manager be authorized to cause to be issued to the following named applicants a Lqucr Licens.^ CLASS '•C' (COMMERCIAL) BEER AND L1000A LICENSE James 1 Kia.er. 1646 Asbury R;au Pete S Sfikas, 401 Central Avenue Imperial Lanes. Inc.. 3505 Stoneman. Road Passed, adopted and approved this 2nd day of August 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council* man Tully. Carried by the follocaing vote. Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. At 10 20 P.M. Councilman Tully moved to go into Executive Session to discuss appointments to Commissions and Personnel. Seconded by Council- Regular Session, August 2, 1976 395 man Wertzberger. Carried by the fol lowing vote: Yeas — Mayor Lundh. Councilmen Brady. Stackis. Tully. Wert zberger Nays — None. Council reconvened to Regular Ses- sion at 10:43 P.M. Mayor Lundh announced the reap- pointment of Chester Solomon to the Dubuque Transit Trustee Board for a rear term expiring 7-30-82. Counctlma Stackis moved ratification of the ap. pointment. Seconded by Councilman Tully. Caned by the following vote. / Yeas — Mayor Lundh, Councilmen Stackis. Tully. Wertzberger. Nays — Councilman Brady. There being no further business.- Councilman usiness-Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Caned by the following vote: Yeas — Mavor Lundh, Councilmen Brady. Sackrs, Tully, Wertzherger. Nays — None. Leo F. Frommelt City Clerk Approved January 17, 1977 Adopted January 17, 1977 396 Session, August 5, 1976 CITY COUNCIL OFFICIAL Special Session, August 5, 1976. Council met at 1:00 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Tully. City Manager Gilbert D. Chavenelle. Absent -- Councilmen Stackis, Wertzberger. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for THE PUR- POSE OF ADOPTING A RESOLUTION PROVIDING FOR THE SALE AND AWARD OF $5,700,000 WATER REVENUE BONDS. 1976 SERIES, AND APPROVING AND AUTHORIZING THE AGREEMENT OF SUCH SALE AND AWARD, and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Sale of $5,700,000 Water Revenue Bonds, 1976 Series, City of Dubuque, Iowa, present- ed and read. Mayor Lundh moved that The following sealed bids were received: the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully. Nays — None. Absent — Councilmen Stackis, Wertzberger. Mayor Lundh called for open or oral bids and receiving none, moved that oral bidding be closed. Seconded by Councilman Tully. Carried by the fol. lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully. Nays — None. Absent — Councilmen Stackis, Wertzberger. Mayor Lundh moved that the sealed bids received be opened and read. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully. Nays — None. Absent — Councilmen Stackis, Wertzberger. Investment Rating. Moodvs Investors Service, Inc. .. At $5,700,000 CITY OF DUBUQUE, IOWA Water Revenue Bonds, 1976 Series Date of Sale: August 5, 1976 B adders John Nuveen & Co., Inc.-Chlc000 and Merrill Lynch, Pierce, Fenner & Smith. Inc NY and Weeden & Co . Inc. -San Francisco -Joint Managers Becker & Cowme. Inc. Des Moines Doin, Kalman & Quail, Inc.-Dovenvort Show, McDermott & Co. Des Moines Kirchner, Moore and Company Denver Channer Newman Securities Co. Chicago R. G. Dickinson & Co. -Des Moines First Mid America, Inc. -Omaha Loewei & Co., Inc. -Milwaukee The First Boston Corporation New York and Blyth 1000001 1977 Net Price Coupon Rates Interest 100.0030 1977 5.70% 5.6906% 1978-88 61/2% $3,994.879 1989 5.90% Reinholdt & Gardner -St. Louis AWARDED 1990.93 5.70% 1977 78 1994-96 5.00% The First Boston Corporation New York and Blyth 1000001 1977 Eastman Dlllon &Co., Inca New York and Cor letun D. 1918-83 Behr Co. Des Moines Joint Managers1984 1989 Jesup & Lamont Municipal Securities New York 1985 88 Hutchinson, Shockev, Erlev & Co. -Chicago 1989 Bacon, Whipple & Co. -Chicago Iwo 9: Van Kampen Sauerman, Inc.-Chicogo ISWJ Reinholdt & Gardner -St. Louis 1994 96 Salomon Brothers -New York 100 0214 1971 86 1987 19BB 89 1990 93 1994 96 Goldman. Sachs & Co. New York and Wh11e, Weld & 100.0001 1977-87 Co. -New York Joint Managers 1988 Hornblower & Weeks -Hemphill, Noves, Inc. -NY 1989 Dean Witter & Co., Inc. -San Francisco 1990.91 Hutchinson, Shockev, Erlev & Co. -Chicago 1917 Bacon, Whipple & Co. -Chicago 1993 Van Kampen Sauerman, Inc.-Chicogo 1994-46 Reinholdt & Gardner -St. Louis Lehman Brothers, Inc. -New York and Loeb, Rhoades 100,0019 1977 78 & Co. New York Jointly 1979 198083 1984 1985.89 1990-91 1993.94 1995-96 5'i% 5.6913% 61:7% $3,995,34 5.80°-4 61,7% 5`2% S. so% 5.90% 5.000,. 63/.0:0 S 7075% 5.70% s4,006,708 51"2% 5 70% s'. .. 6': 2 ' 5.7281% 6.00"b $4,011,150 S.90% S.W% 5.90% 6.00% 5.00% 634% 51/7% 63/.% 5.90% SI/2% 5.90% 6.00% 51/4% 5 7334% $4,014,845 Special Session, August 5, 1976 397 Donoldson. Lufkin & .lenretle Securities Coro. NY Ion o0n0 1997777 1979.77 S.00% 600% 6h% S.73412% 61,025.330 1979 5.711% 1990.92 61S% 1993 6.W% 1991•% S.00% Bache HOIWV Stuart. Inc. -New York -Manager Paine, Webber, Jackson & Curtis, Inc. -New York L. F. Rothschild & Co. -New York Kldder, PeobodV 6 Co., Inc. -New York Wouteriek & Brown, Inc.-Chlc000 McDonald & Comoonv-Cleveland Reynolds Securities, Inc. -New York Stem Brothers & Co.-Komgs City Piper, Jaffray & Hopwood, Inc. -Minneapolis Robert W. Baird & Co., Inc. -Milwaukee George K. Baum & Company, Inc -Kansas City The Illinois ComponvrMeCormiek, Inc.-Chicogo The Milwaukee Company -Milwaukee Communication of Paul D. Speer & Associates Inc. recommending that the bid of John Nuveen & Co. Incorporated be accepted and bonds awarded to that bidder at par plus accrued interest, plus a premium of $171.00 for the interest coupons shown in the bid, being a net interest rate of 5.6906%, presented and read. Councilman Tully moved that the recommendation of Paul D. Speer & Associates Inc. be approved. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas -Mayor Lundh, Councilmen Brady, Tully. Nays -None. Absent -Councilmen Stackis. Wertz- berger. RESOLUTION NO. 294-76 Resolution providing for the sale and award of $5,700,000 Water Reven- ue Bonds. 1976 Series. and ap- proving and authorizing the agreement of such sale and award. Whereas notice of sale of $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the Provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a new- spaper published and of general cir- culation in said County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by None: consisting of par and accrued interest plus a premium of None with the bonds to bear interest at the following rates per annum: YNr M li t diel Year o1 Interest histurlty Rate Maturity Rate None and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid sub. mitted by John Nuveen & Co. Incor- porated, consisting of par and accrued 100.0067 1977.77 W'2% 5.7911% 199 S.10% (1,067,165 1979 6.60% 1990-9a 6.70% 1993.94 6.00% I99S•96 5.00% interest plus a premium of $171.00, with the bonds to bear interest at the follow- ing rates per annum: Year of Interest Year of Interest IYfatur8y Rate Maturity Rate 1977 5.70% 1987 6.50% 1978 6.50% 1988 6.50% 1979 6.50% 1989 5.9o% 1980 6.50% 1990 5.70'6, 1981 6.50% 1991 5.71W6 1982 6.50% 1992 5.70% 1983 6.50% 1993 5.70% 1984 6.50% 1994 5.00% 1985 6.50% 1995 5.00% 1986 6.50% 1996 5.00% NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being advised in the premises it is hereby determined that the bid of John Nuveen & Co. In- corporated for the purchase of $5,700,000 Water Revenue Bonds, 1976 Series, as advertised, bearing interest at the rates specified in the preamble her- eof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said John Nuveen & Co. Incorporated. Section 2. That the form of agreement of sale of said bonds to John Nuveen & Co. Incorporated be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized and directed to accept and execute said agreement for and on behalf of the City of Dubuque, Iowa, anti to affix the corporate seal of said ('n%, thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved August 5, 1976. Alvin E. Lundh Mayor Attest: Leo F. Frommelt City Clerk Recorded August 5, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh, Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully. Nays — None. Absent — Councilmen Stackis. Wertzberger. Councilman Tully moved that the Citv Clerk be directed to return good faith checks to the unsuccessful bidders. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully. Nays — None. Absent — Councilmen Stackis, Wertzberger. There being no further business. Councilman Tully moved that the meeting adjourn. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Tully. Nays — None. Absent — Councilmen Stackis, Wertzberger. 5, 1976 Leo. F. Frommelt City Clerk Approved January 17, 1977 Adopted January 17, 1977 w ATT City Special Session, CITY COUNCIL OFFICIAL special Session, Aupst 16, 1976. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady. Stackis, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called fuer the PUR- POSE OF CONDUCTING PUBLIC HEARINGS ON VARIOUS ZONING ORDINANCES and acting upon such other business as may properly come before a Regular Meeting of the Council. A Proclamation proclaiming that September 8, 1976 be known as "World literacy Day in Dubuque" was signed and approved by Mayor Lundh. League of Women Voters submitted a petition entitled "Presidential Debates: Equal Time for Issues" and requested Mayor and Council signatures. Council members signed the petition as pre- sented by Judie Fjellman of the League. Communication received from the City of Grafton, Illinois. addressed to the Mayor, expressed appreciation of plaque received from canoeists during the Jean Marie Cardinal canoe trip, presented and read. Mayor Lundh ex- pressed gratification for the good will created by the canoe trip to St. Louis and moved that the communication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 295-76 Fair P►oclsmatlon WHEREAS, the 23rd Annual Dubuque County Fair is being held this year Tuesday. August 17, 1976 to Sun• day, August 22, 1976, inclusive, and WHEREAS, the Dubuque County Fair has developed into one of the out- standing 4•H Youth, Agricultural and Commercial Expositions of Dubuque County and the Dubuqueland area, and WHEREAS, the Dubuque County Fair Association, its officers and direc- tors are to be commended for their efficient operation of this community enterprise, NOW, THEREFORE, BE IT RE- SOLVED by the City Council of Dubuque. Iowa, that the period of August 17, 1976 to August 22, 1976 be 16, 1976 399 and is hereby proclaimed as Dubuque County Fair Week, and the Proclama. tion thereof duly published in the record of the proceedings of this Council. Roll call resulting as follows: ayes, Brady, Lundh, Stackis, Tully, Wertzberger. Nays — None. Resolution was declared adopted this 16th day of August, 1976. Alvin E. Lundh Mayor 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Cable Advisory Committee recommending endor- sement of Mr. McCullough's suggestion to remove WOC Channel 6 (Davenport) from the line-up instead WHA -ll (Madison PBS), presented and read. Councilman Stackis moved to su. spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully. Wertzberger. Nays — None. Ed McCullough, Manager of Tele- prompter, addressed the Council stating very little reaction to the proposed change had been made. Councilman Stackis moved that the communication of Cable Advisory Committee be received and filed and approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Rehabilitation Commission submitting minutes of their meeting of August 3. 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meeting of July 14, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. 400 Session, August 16, 1976 Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Transit Trustee Board submitting minutes of their meeting of July 29. 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Communication of Community Development Commission submitting minutes of their meeting of August 10, 1976, presented and read. Councilman Stackis moved that the minutes be received and riled. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of UAW Local 94 objecting to removal of Station WHA from Cable TV, presented and read, Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the months of March, April and May, 1976, presented for approval. Councilman Stackis moved that the Council Proceedings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of List of Receipts and Expenditures, also list of Claims paid for the month of June, 1976, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 12, 1976 Honorable Mayor and City Council 1 request permission to attend the International City Management As- sociation meeting in Toronto, Sep- tember 26.29, Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 12, 1976 To the Honorable Mayor and City Council The Office of Revenue Sharing each year requires the recipient governmen. tai unit of revenue sharing funds to submit a report identifying how revenue sharing funds were expended. By Sep- tember 1 of this year the Office of Revenue Sharing requires that we report to them use of revenue sharing for the period July 1, 1975 to June 30, 1976. Attached is a copy of the report that we will be submitting to the Office of Revenue Sharing. This report must be published in the local newspaper for the benefit of the citizens of the community. You are requested to authorize the City Manager to sign this report and to direct the City Clerk to publish in the local newspaper. After publication the report will be forwarded to the Office of Revenue Sharing. Gent M. Wittenberg Acting Assistant City Manager Councilman Stackis moved that the communication be received and filed and authority granted. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 10, 1976 Honorable Mayor and Members of the City Council We have approved the following policies and bonds and desire to have your approval for filing same. PUBLIC LIABILITY POLICY Ken Schromen Policy No. GA796181 Bituminous Casualty Corporation to July 1, 1977. SIDEWALK CONSTRUCTION BONDS Fischer Inc. of Dubuque, The North River Insurance Co., Bond No. 798646, to July 26, 1979 $1000. Bullock Company Inc. Aetna Casualty & Surety Co. to July 23, 1977 Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Mayor Lundh. Carried by the following vote: Special Session, August 16, 1976 401 Yeas — Mayor Lundh, Councilmen Brady. Stackis. Tully, Wertzberger. Nays — None. Communication of Library Director, William Fullmer, advising of adoption of a revised penalty and fee financial structure effective September 6. 1976, new and old schedule submitted, pre- sented and read. Councilman Stackis moved that the communication be received and CTed and referred to the Budget. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully. Wertzberger. Nays — None. July 30, 1976 Honorable Mayor and City Council Claim was filed against the City of Dubuque, Iowa on May 20, 1976 by Richard LaMour of 1770 Glen Oak, this city, and alleging damages to his ba- sement carpeting on March 15. 1976 as the result of a leaking water meter. Said claim was referred to the City Attorney's office who has made an in- vestigation thereof and finds no legal responsibility or negligence on the part of the City of Dubuque. Accordingly, it is the recommendation of the City At- torney that said claim be denied. Original claim is returned herewith R.N. Russo City Attorney Councilman Stackis moved that the communication be received and filed and recommendation of denial be ap- proved. Seconded by Mayor Lundh. Carried by the following vote: YOU — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear. ing, to amend Zoning Ordinance No. 32.75 by repealing subsection I of Sec- tion 4.119.5 of Article IV which Prohibited residential use of property in the L-1 Light Industrial District, pre- sented and read. No written objections were filed at the time set for the hearing. Councilman Stackis moved that the Proof of publication be received and riled. Seconded by Mayor Lundh. Car - rind by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays _ None. ORDINANCE NO. 3446 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA'', By REPEALING SUBSECTION 1 OF SEC- TION 4-119.5 OF ARTICLE IV WHICH PROHIBITED RESIDENTIAL USE OF PROPERTY IN THE L -I INDUSTRIAL DISTRICT, said itnLnance having been previously presented at the Council Meeting of July 19, 1976. presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis. Nays — Councilmen Tully, Wertzberger. Councilman 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 Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — Councilmen Tully, Wertz- berger ORDINANCE N0, 34-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE ''ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY REPEALING SUBSECTION 1 OF SEC- TION 4-119.5 OF ARTICLE IV WHICH PROHIBITED RESIDENTIAL USE OF PROPERTY IN THE LIGHT INDUS- TRIAL DISTRICT NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32.75, kn,,,k n as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by repealing subsection 1 of Section 4-119.5 of Arficle 1V thereof, as follows: "ARTICLE IV -DISTRICT REGULATIONS Section 4-119 L-1 Light Industrial District Regulations 4-119.5 Prohibited Uses 1) Residential use, except for a watchman or custodian residing on the premises. " Section 2. That the foregoing amend- ment has heretofore been uppruved by the Planning and Zoning Commission of the City of Dubuque. Iowa. 402 Special Session, August 16, 1976 Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of August 1976. Leo F. Frommelt City Clerk I t 8120 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — Councilmen Tully. Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 by enacting a new Section 5.102.3 of Article V to establish yard setback requirements in Commercial and Light Industrial Districts, presented and read. No written objections were filed at the time set for the hearing. Atty. James Reynolds questioned the side yard requirements in the Ordinance as a representative of Merwyn Ellis, who has a shop located on two fronts, Diamond Street and Central Avenue. He was of the opinion that Ellis would be hurt on front yard requirements. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Mayor Lundh. Car ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 35-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY EN- ACTING A NEW SECTION 5-102.3 OF ARTICLE V TO ESTABLISH YEAR SET -BACK REQUIREMENTS IN COM- MERCIAL AND LIGHT INDUSTRIAL DISTRICTS, said Ordinance having been previously presented at the Council Meeting of July 19, 1976, presented and read. Councilman Stackis moved that the reading just had he considered the first reading of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 35-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75. KNOWN AS THE ''ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY ENACT- ING A NEW SECTION 5-102.3 OF AR- TICLE V TO ESTABLISH YARD SET- BACK REQUIREMENTS IN COMMER- CIAL AND LIGHT INDUSTRIAL DISTRICTS NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32.75. known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", be and the same is here by amended by enacting a new Section 5-102.3 of Article V. as follows: "ARTICLE V—SUPPLEMENTARY DISTRICT REGULATIONS Section 5-102 General Provisions Section 5-102.3 Yard Setback Re. quired in Certain Commercial and Light industrial Districts Within any Commercial (C) Dis- trict or Light Industrial District (LI), any new structure or use of land hereafter established on a lot abutting an occupied residential structure shall be required to pro- vide a front yard setback equal to the front year setback of such abutting residential structure, or equal to the average setback where such property is abutted on two sides by occupied residential structures; providing further that such front yard setback shall not be required to exceed 15 feet unless so provided by the regulations of the applicable zoning district. Any new structure or use of land here- after established on a lot abutting an occupied residential structure shall be required to provide u side yard or rear yard opposite such Special Session, August 16, 1976 abutting residential structure so that the distance between struc- tures shall be not less than 6 feet." gnpon 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of August 1976. Leo F. Frommelt City Clerk 118120 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Lundh. Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32.75 by repealing Section 5-106 of Arti- cle V thereof and enacting a new Sec. tion 5.106 of Article V in lieu thereof to Provide for Residential Dwellings in Commercial and Light Industrial Dis- tricts, presented and read. No written objections were filed at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, We rtzberger. Nays — None. ORDINANCE NO. 36-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE ''ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA," BY REPEALING SECTION 5-106 OF ARTI- CLE V THEREOF, AND ENACTING A NEW SECTION 5-106 OF ARTICLE V IN LIEU THEREOF TO PROVIDE FOR RE- SIDENTIAL DWELLINGS IN COM. MERCIAL AND LIGHT INDUSTRIAL DISTRICTS, said Ordinance having been previousIN 403 presented at the Council Meeting of July 19, 1976, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger, Nays — Councilmen Tully. Councilman 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 Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — Councilman Tullv. ORDINANCE NO. 36-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE ''ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA," BY REPEALING SECTION 5-106 OF ARTI- CLE V THEREOF, AND ENACTING A NEW SECTION 5-106 OF ARTICLE V IN LIEU THEREOF TO PROVIDE FOR RE- SIDENTIAL DWELLINGS IN COM- MERCIAL AND LIGHT INDUSTRIAL DISTRICTS NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by repealing Section 5-106 of Article V thereof, and enacting a new Section 5-106 of Article V in lieu thereof, as follows: "ARTICLE V -SUPPLEMENTARY DISTRICT REGULATIONS Section 5-106 Residential Dwelling Permitted in Commercial and Light In- dustrial Districts Within any C-1, C-2, C-3, C4, C-5, or L -I District residential dwellings shall be permitted in accordance with ap- plicable standards of the ORA district, except that not less than one off-street parking space must be provided foreach dwelling unit. Residential uses in the C-5 district Shull be exempted from off- .hret purking requirements." Section 2. That the foregoing amend- ment hus heretofore been approved by the Plunning and Zoning Commission of the City of Dubuque Iowa. Passed, approved and adopted this 404 Special Session, August 16, 1976 161h day of August, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herold Newspaper this 20th day of August, 1976. Leo F. Frommelt City Clerk I 18120 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 which amendment shall establish a Planned Unit Development designa- tion on property in Highland Farm and St. Rose Place lying in an R-4 Residen. tial 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 Stackis moved that the proof of publication be received and filed. Seconded by Mayor Lundh. Car• ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 12, 1976 Honorable Mayor and Councilmen We herewith transmit six copies of the Preliminary Development Plan for the petition of Mr. Dale Wernecke requesting Planned Unit Development designation on his property on Chaney Road. The matter now stands before you at public hearing for your meeting of August 16, 1976. At that time, the Council will be asked to consider apply. ing the PUD designation to Mr. Wer. necke's property, now classified in the R-4 Residential District. You should understand that such designation is specific to the enclosed plan, which will be reviewed in more detail at your pub. lic hearing. If there are any further questions regarding the procedural requirements for Planned Unit Development designa. tion, as set forth in the Zoning Ordin- ance No. 32.75, we would be happy to respond to them at your meeting. Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None ORDINANCE NO. 37-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32.75, KNOWN AS THE "ZONING ORDIN. ANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ESTABLISH A PLANNED UNIT DEVELOPMENT DE. SIGNATION ON PROPERTY HEREIN. AFTER DESCRIBED LYING IN AN R-4 RESIDENTIAL DISTRICT IN "HIGH- LAND FARM" IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented at the Council Meeting of July 19, 1976, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Councilman 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 Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 37-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ESTABLISH A PLANNED UNIT DEVELOPMENT DE- SIGNATION ON PROPERTY HEREIN- AFTER DESCRIBED LYING IN AN R-4 RESIDENTIAL DISTRICT IN "HIGH- LAND FARM" IN THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedlon 1. Thut Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa" be and the same is hereby Special Session, August 16, 1976 405 amended by establishing a "Planned Unit Development" designation on property in an "R-4 Residential Dis- Mct", which real estate is described, to wit: Lot 3 of Lot I of tot 1 of Lot I of Lot I of Lot 2 of Highland Farm. and Lot 2 of Lot 2 of Lot 2 of St. Rose Place ull in the City of Dubuque, lova and containing 4.85 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 subject to the requirements of Section 4.110.11.3 of Ordinance No. 32-75. known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa" whereby final adoption of the "Planned Unit Development" designa- tion is contingent upon submission of a Final Development Plan. by the developer, within six (6) months of the effective date of this Ordinance, and further, that failure by the developer to comply with the requirements as set forth herein, shall automatically revert the property to its former "R4 Residen- tial District" classification. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of August, 1976. Leo F. Frommelt It8i20 City Clerk Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following Vole. Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear - mg to amend Zoning Ordinance No. 32,75 so as to reclassify properties bounded on the north by E. 14th Street, on the west by Washington Street, on the south by E. 13th Street, and on the vast by the alley lying between Elm Street and the Railroad Track, from H -I Heavy Industrial District to L-1 Light Industrial District Classification, pre- sented and read. No written objections were filed at the time set for the hearing. %'ouncilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Brady moved to refer to Planning & Zoning Commission for further rezoning study from 12th Street to 13th Street, Elm Street and alley east of Elm Street. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully. Wertzberger. Nays — None. ORDINANCE NO. 38.76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE. IOWA". SO AS TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTIES, BOUNDED ON THE NORTH BY EAST 14TH STREET. ON THE WEST BY WA. SHINGTON STREET, ON THE SOUTH BY EAST 13TH STREET AND ON THE EAST BY THE ALLEY LYING BETWEEN ELM STREET AND THE RAILROAD TRACK, FROM THE H-1 HEAVY INDUSTRIAL DISTRICT TO THE L -I LIGHT INDUSTRIAL DISTRICT CLASSIFICATION, said Ordinance havrng been previously presented at the Council Meeting of July 19, 1976, presented and read. Councilman Stackis 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 Lundh, Councilmen Brady, Stackis, Tully. Nays — Councilman Wertzberger. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — Councilman Wertzberger. ORDINANCE NO. 38-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, 406 Special Session, August 16, 1976 KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA SO AS TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTIES, BOUNDED ON THE NORTH BY EAST 14TH STREET, ON THE WEST BY WA- SHINGTON STREET, ON THE SOUTH BY EAST 13TH STREET AND ON THE EAST BY THE ALLEY LYING BETWEEN ELM STREET AND THE RAILROAD TRACK, FROM THE H-1 HEAVY INDUSTRIAL DISTRICT TO THE L -I LIGHT INDUSTRIAL DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA" Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "H-1 Heavy Industriul District" classification to "L-1 Light Industrial District" classification the following described real estate, to wit: North 4 Lot 122 East Dubuque Addi- tion; South 1a Lot 122 East Dubuque Addition; North 14 Lot 123 East Dubuque Addition; South 1i Lot 123 East Dubuque Addition: North 4 Lot 124 East Dubuque Addition; South 17 Lot 124 East Dubuque Ad- dition; North 20' of Lot 125 East Dubuque Addition; Lot 1 and Lot 2 of Bradley 1Vashington Street Place; Lot 141 East Dubuque Addition; Lot 140 East Dubuque Addition; North 44 Lot 139 East Dubuque Addition: South ih Lot 139 East Dubuque Ad- dition; North 44 Lot 138 East Dubuque Addition; South 4 Lot 138 Eust Dubuque Addition; North 44 Lot 137 East Dubuque Addition; South 'n Lot 137 East Dubuque Addition; Lot I of Lot 192 East Dubuque Ad- dition; Lot 2 of Lot 192 East Dubuque Addition; North 4 of Lot 193 East Dubuque Addition; South 'n of Lot 193 East Dubuque Addi tion; North 44 of Lot 194 East Dubuque Addition; South 44 of Lot 194 East Dubuque Addition; North 44 of Lot 195 East Dubuque Addi- tion; South 1: of Lot 195 East Dubuque Addition; North 44 of Lot 196 Eust Dubuque Addition; South 44 of Lot 196 East Dubuque Addi- tion; all in the City of Dubuque, Iowa. Section 2, That this amendment has heretofore been approved by the Plan. ning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of August, 1976. Leo F. Frommelt City Clerk It8120 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — Councilman Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing by repealing Section 6-107.3, Section 6.107.4 and Section 6.107.6 of Article VI thereof and enacting a new Section 6.107.3, Section 6.107.4 and Section 6-107.6 of Article VI in lieu thereof to repeal the requirement of public hear- ing and notice to any property owners other than abutting property owners and to include the posting of property on matters subject to the issuance of a variance, 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 Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None ORDINANCE NO. 39-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE 'ZONING ORDIW ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA BY REPEALING SECTION 6-107.3, SEC- TION 6-107.4 AND SECTION 6-107.6 OF ARTICLE VI THEREOF AND EN- ACTING A NEW SECTION 6-107.3, SECTION 6-107.4 AND SECTION 6-107.6 OF ARTICLE VI IN LIEU THER- EOF, TO REPEAL THE REQUIREMENT OF PUBLIC HEARING AND NOTICE TO ANY PROPERTY OWNERS OTHER Special Session, THAN ABUTTING PROPERTY OWNERS AND TO INCLUDE THE POSTING OF PROPERTY ON MAT- TERS SUBJECT TO THE ISSUANCE OF A VARIANCE, said Ordinance having been previously presented at the Council Meeting of July 19. 1976, presented and read. Councilman Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 39-78 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA''. BY REPEALING SECTION 6-107.3, SEC- TION 6.107.4 AND SECTION 6-107.6 OF ARTICLE VI THEREOF AND EN- ACTING A NEW SECTION 6-107.3, SECTION 6-107.4 AND SECTION 6-107.6 OF AFTICLE VI IN LIEU THER- EOF, TO REPEAL THE REQUIREMENT OF PUBLIC HEARING AND NOTICE TO ANY PROPERTY OWNERS OTHER THAN ABUTTING PROPERTY OWNERS AND TO INCLUDE THE POSTING OF PROPERTY ON MAT- TERS SUBJECT TO THE ISSUANCE OF A VARIANCE NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA" Section 1. Phut Ordinance No. 32-75, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa', be and the same is hereby amended by repealing Section 6-107.3, Section 6.107.4 and Section 6.107.6 of Article VI thereof, and by enacting a new Section 6.107.3, Section 6-107.4 and Section 6.107.6 of Article VI in lieu ther• eof. as follows: "Article Vl Section 6.107.3 Procedure for Can. s,derati ., of inApplication for Variance Followg receipt of a completed ap. plication for a variance, and any additional information required by "W a 16, 1976 407 the Board pursuant to Section 6.107.2, the Board shall, with due diligence, consider such application at a public meeting. Notice of the time and place of the meeting shall he made by the Board by certified mail notification to all owners of property abutting the property for which variance is sought, and that no less than seven (7) days prior to the public meeting the subject property shall be posted with the prominent placement of a sign not- ing variance pending and the time and place of the public meeting. However, where the notice and hearing requirements of this Article are in excess of that required by State law, such requirements are intended to be directory only and not mandatory or jurisdictional and failure to meet such extra Procedural requirements shall not invalidate any action subsequently taken by the Board. At the public meeting, all interested parties shall be afforded a reasonable opportun- ity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the Board. Section 6.107.4 Standards for Granting a Variance No Variance from the provisions of this ordinance shall be granted un- less or until the Board determines on the basis of specific information presented at a public meeting or contained in the application for such variance that each of the fol- lowing conditions is present. 6.107.4.1 Literal enforcement of the provi- sions of this ordinance would inflict substantial and unnecessary hard- ship upon the applicant. 6.107.4.2 Such condition of hardship arises from unique or special characteris- tics of the property involved, and was not brought about by the ap- plicant himself. 6.107.4.3 Literal enforrement of the provi- sions of this ordinance would de- prive the applicant of rights com- monly enjoyed by other properties in the same district. 6.107.4.4 The variance requested is the minimum variance that would al- low a reasonable use of the land or structure involved. 6.107.4.5 408 Special Session, August 16, 1976 Granting the requested variance will not confer upon the applicant a special privilege or right that is denied by this ordinance to other land or structures in the same district. 6-107.4.6 Granting the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the sur- rounding area or detrimental to the public welfare. Section 6-107.6 Decisions and Records The Board shall render a written decision on an application fora variance within sixty (60) days after the close of the public meet- ing. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any conditions or restrictions imposed pursuant to 6407.5 of this Section. The Board shall maintain complete records of all action with respect to applications for a variance..' "Seeilon 2. That the foregoing amendment has heretofore been approved by the Planning and Zon- ing Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 16th day of August, 1976, Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of August, 1976. Leo F. Frommelt City Clerk It8120 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 13, 1976 To the Honorable Mayor and City Council 1 recommend approval of the Eagle Foods proposal to construct a pad and compactor container on Harrison Street right-of-way, behind their store on Locust Street. Harrison Street has a 64 foot right- of-way with concrete paving 40 feet wide centered in the right-of-way. The proposed compactor will sit 7' - 6" on our property which keeps it behind curb lines. 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 40-76 AN ORDINANCE AUTHORIZING JACOBSON REALTY COMPANY TO CONSTRUCT CONCRETE PAD FOR LOCATION OF COMPACTOR, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. ORDINANCE NO. 40-76 AN ORDINANCE AUTHORIZING JACOBSON REALTY COMPANY TO CONSTRUCT CONCRETE PAD FOR LOCATION OF COMPACTOR. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Jacobson Realty Company as owners of the premises known as N. 140' of Lot 4 of Block D Industrial Sub. in the City of Dubuque. Iowa be, and they are hereby granted the revocable permit and authority to construct and rnuintuin pad and crom- pactor under the terms and conditions set forth in this Ordinance. Sectlon 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 City Munuger, and in accordance with all applicable stute and federal laws and Special Session, August 16, 1976 409 regulations, and the Ordinances of the City of Dubuque. 99dW 3. That the permission herein granted is expressly conditioned on per- mittgs agreement to: s) Assume any and all liability for damages to persons orproperty which may result from the existence, loca- tion, installation, construction or maintenance of said concrete pad and compactor; b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the city of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said concrete pad and compactor sus- tained by any person or persons. caused by accident or otherwise, to defend at its own expenses and on behalf of said City any claim against the City of Dubuque ansing out of the location, installation, existence. con- struction or maintenance of concrete pad and compactor and to pay rea- sonable attorney fees therefor; C) To indemnify and hold City of Dubuque free and harmless from any and all claims, loss liability and ex- pense for injuries to third persons or damages to property of third persons, or for damage to any property of City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facili- ty, work or improvement permitted 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 suc- cessors 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 concrete pad and compactor and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said con- crete pad and compactor, at permittees expense and dispose of the same, and the permitees shall huve no claim against the City or its agents for damages resulting from the removal of said concrete pod and compuctor. 89000n S. Permittees covenant mrd agree that the revocable permit herein granted dues not constitute an approval of the design, erection, location, con- struction, repair or maintenance of said facility and said permittee hereby covenants 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, de- sign, repair and maintenance of the facility herein permitted. Soctlon 6. This Ordinance shall become effective and the rights her- eunder accrue to Jacobson Realty Co. when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permit- tees by acceptance endorsed on this Ordinance. Passed, approved and adopted this 16th day of August. 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 40-76 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 40.76 hereby, for themselves, their successors or assigns, as owners of the abutting property. accept the same and agree to be bound by the conditions and agreements ther- ein contained to be performed by permittees. Dated: August 21, 1976 BY: Jacobson Realty Inc. President or Vice -President or Property Owner BY: Francis J. O'Connor Vice President INDEMNITY AGREEMENT Lucky Stores, Inc., as Lessee of the subject property, agrees to indemnify and hold harmless JACOBSON REAL- TY COMPANY from all loss, damages or expenses in connection with the obliga- tion which JACOBSON REALTY COM- PANY is assuming by virtue of the ex- ecution of this Ordinance. LUCKY STORES, INC. By: Leon W. Roush Its Vice President Published officially in the Telegraph Herald Newspaper this 7th day of Sep- 410 Special Session, August 16, 1976 tember 1976. Leo F. Frommelt City Clerk It9/7 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 296-76 WHEREAS, plat dated June 9, 1976, prepared by Bartels, LeMay, Haas & Fay Engineering Company covering a por- tion of vacated Hickory Street in the City of Dubuque, Iowa now platted, described and known as: Lot 1 "A" of Block 5, "Dubuque Packing Company Addition" in the City of Dubuque, Iowa having presented to the City Council of the City of Dubuque, Iowa, copy of said plat is hereto attached; and WHEREAS, said plat conforms to the Iowa laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, lows: Section 1. That the plat dated June 9, 1976 prepared by Bartels, LeMay. Haas & Fay Engineering Company covering a portion of vacated Hickory Street in the City of Dubuque, Iowa now platted, described and known as Lot 1 "A" of Block 5. "Dubuque Packing Company Addition" in the City of Dubuque, Iowa be and the same is hereby approved and that the Mayor and City Clerk of the City of Dubuque, Iowa be and theyare hereby authorized and directed to ex- ecute 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 directed to file said plat and this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of August, 1976, Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. AN ORDINANCE vacating Lot 1 "A" of Block 5, "Dubuque Packing Company Addition" in the City of Dubuque, Iowa (Formerly known as Hickory Street), for sale to Dubuque Packing Company in the amount of $500., presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilman Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman 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 Councilman Tully. Carried by the fol- lowing vote. Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman Stackis moved that a public hearing be held on the Ordinance on September 7, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. RESOLUTION NO. 297-76 WHEREAS, plat dated August 6,1976, prepared by Bartels, McMahan, LeMay, Haas and Baule Engineering Company, covering a vacated portion of Kerper Boulevard adjacent to Lot 1 of Block 8 and Lot 1 of Lot 2 of Lot 2 of Block 8, each in "Riverfront Subdivision No. 3" in the City of Dubuque, Iowa which portion of Kerper Boulevard is now platted, described and known as: Lot A, Block 8 in "River Front Subdivision No. 3" in the City of Dubuque. Iowa having been presented to the City Council of the City of Dubuque, Iowa, copy of which plat is hereto attached; and WHEREAS, said plat conforms to the Iowa laws and statutes pertaining thereto; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat dated August 6, 1976 prepared by Bartels, McMahan, Special Session, August 16, 1976 411 LeMay, Haas and Baule Engineering Company covering a vacated portion of Ketper Boulevard adjacent to Lot I of Block 8 and Lot 1 of Lot 2 of Lot 2 of Block 8, each in "Riverfront Subdivision No. 3" in the City of Dubuque, Iowa now platted, described and known as: Lot A, Block 8 in River Front Subdivision No. 3" in the City of Dubuque. Iowa be and the some is hereby approved and that the Mayor and City Clerk of the City of Dubuque, Iowa be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. AN ORDINANCE vacating Lot A, Block B in "River Front Subdivision No. 3" in the City of Dubuque, Iowa being a Portion of Kerper Boulevard adjacent to Lot 1 of Block 8 and Lot I of Lot 2 of Lot 2 of Block 8, each in said "Riverfront Subdivision No. 3" in the City of Dubuque, Iowa, for sale to Dubuque Packing Company in the amount of $100•, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman 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 Councilman "Pully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman Stackis moved that a public hearing be held on the Ordinance on September 7, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. RESOLUTION NO. 298-76 WHEREAS, plat dated June 9, 1976, prepared by Bartels, LeMay, Haas and Fay Engineering Company covering Lot 300 A in East Dubuque No. 2 (formerly a part of Maple Street), Lot 300 B in East Dubuque No. 2 (formerly a part of East Seventeenth Street) and Lot 300 C in East Dubuque No. 2, (formerly a part of East Eighteenth Street) all in the City of Dubuque. Iowa having been presented to the City Council of the City of Dubuque, Iowa, copy of said plat is hereto attached: and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa: Section 1. That the plat dated June 9, 1976 prepared by Bartels. LeMay, Haas and Fay Engineering Company cover- ing the real estate hereinabove de- scribed be and the same is hereby ap- proved and that the Mayor and City Clerk of the City of Dubuque, Iowa be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque. Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to File said plat and this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: 412 Special Session, August 16, 1976 Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. AN ORDINANCE vacating Lot 300 A in East Dubuque No. 2 (Formerly a part of Maple Street), Lot 300 B in East Dubuque No. 2 (formerly a part of East Seventeenth Street), and Lot 300 C in East Dubuque No. 2 (Formerly a part of East Eighteenth Street), all in the City of Dubuque, Iowa, for sale to Dubuque Packing Company in the amount of $750., presented and read, Councilman Stackis 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 Lundh, Councilman Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman Stackis moved that a public hearing be held on the Ordinance on September 7,1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Petition of Peoples Natural Gas requesting permission to excavate in ten year street, Loras Blvd. between Cox & Belmond, presented and read. Coun- cilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the fol lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of American Diabetes Assn. Inc. requesting permission to conduct a Bike -A -Thou on September 26 from 12 P.M. to 5 P.M., presented and read. Councilman Tully moved that the request be granted subject to coordina- tion of City Manager. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Human Rights Commission requesting Council to ap- point Mr. Dave Davis as Human Rights Delegate to Community Development Commission, due to resignation of Jim Goetzinger, presented and read. Coun- cilman Brady moved that the petition be received and filed and appointment be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Mary A. Miller requesting a refund of $633.75 on unexpired portion of Beer -Liquor License No. C-5190, ex- piring April 30, 1977, presented and read. Councilman Tully 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Public Hearing on No- tice of Pendency of Resolution of Necessity for the construction of the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from Mt. Loretta To Sullivan Street, presented and read. Dallas Murphy addressed the Council objecting to paving of English Lane due to former objections at a prior hearing. Tom Goodman spoke as being in favor of construction. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Statement of City Clerk certifying that notices of hearing were mailed by certified mail to property owners of record obligated to pay for cost of con- structing 1976 Asphalt Paving Project No. 2: English Lane from Mt. Loretta to.Sullivan Street, presented and read. Councilman Tully moved that the sta- tement be received and filed, Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Special Session, August, 1976 Communication of Laverne .l. Schiltz, not objecting to the paving of English Lane, but objecting to the method of assessment, presented and read. Coun- cilman Wertzberger moved that the City Manager be directed to commun- icate with the objector. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 273.76 WHEREAS, proposed plans. specifications form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessments limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation 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 be assessed against each lot, for the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street. BE 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 herein men- tioned improvement, and unless Property owners at the time of the final consideration of this proposed resolu- tion have on rile with the City Clerk objections to the amount of the Proposed assessments, they shall be deemed W have waived all objections thereto. Said improvements shall be con aructit'd 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 llI be el s d upon and against all y owned property lying within d,*Mable distance provided by law and 'n an amount not to exceed the amount u st 16, 1976 413 provided by law, property will be as. sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Fund. Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a con- tract has been performed and accepted and the proceeds, thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of July, 1974; RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the Citv Council this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved final adop• tion of the resolution. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Decision of Council upon objections to plans. specifications, form of contract and cost of improvements RESOLUTION NO. 299-75 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1976 Asphalt Pav- ing Project No. 2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sullivan Street. Have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 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 16th day of August, 1976: and WHEREAS, the City Council met in special session this 16th day of August, 1976, 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 414 Special Session, August 16, 1976 considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed 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 objections 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 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, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Ordering Construcldon) RESOLUTION NO. 300-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a resolution of necessity No. 273-76 which was duly passed by this Council, for the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sullivan Street. Be 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 A 16, 1976 the cost and expense of the said im. provements be paid for by levying special assessments against the private- ly owned property lying within the as- sessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according th the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the R.U.T. Funds. Payment will be 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 completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 days after notice to proceed has been issued. 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 Council. Passed, adopted and approved this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development submitting resolution authorizing submission of a request for release of funds for Comiskey Park & various other public improvements, presented and read. Councilman Brady moved that the communication be received and filed. Seconded by Coun. cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 301-76 Authorizing Submission of a Request Special Session, August 16, 1976 415 for Release of Funds for certain Community Development Block Grant Projects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on July 14, 1976 and completed an Environ- mental Assessment of the following identified proposals (projects) with Community Development Block Grant funds; and Comiskey Park Improvements Various Public Improvements including tree plantings and street repair and replacement WHEREAS, pursuant to Resolution No. 246.76 adopted July 19, 1976, Public Notice of a "Finding of no significant effect on the environment" for the proposal (project) was published July 20, 1976, in the Dubuque Telegraph He- rald, a newspaper of general circulation, and provided for a public comment per- iod until 12:00 Noon, Monday, August 16,1976; and WHEREAS, Public Notice of a "Find- ing of no siginificant effect on the en- vironment" for the proposals (projects) was sent by regular mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Ho- using and Urban Development for release of funds under the said Act to carry out the above identified projects; now therefore BE IT RESOLVED By the City Coun- cil of the City of Dubuque, Iowa: Siactlon 1. That the Environmental Review Record for each of the proposals (projects) shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested party. SOCUon 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment on the 25th day of August, 1976, a request for release of funds to undertake the said Projects. S"Uon 3. That the Mayor of the City of Duhuyue is hereby authorized to consent to assume the status of a re. sponsible Federal official under the Na. tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmen. t a l Issues. Secdon 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Sfttlon S. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Certifica- tion pertaining to the environmental review procedures. Secdon 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City of Dubuque intends to file a request on August 16, 1976, for Release of Funds for Certification of the following iden- tified projects to be undertaken with funds made available under Title I of the Housing and Community Development Act of 1974. Comiskey Park Improvements Various Public Improvements including tree plantings and street repair and replacement The City of Dubuque has made an Environmental Review Record for the projects, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque. Iowa, where said records may be. examined and copied between the hours of 8:00 AM and 5:00 PM, Mondav 416 Special Session, August 16, 1976 through Friday until 5:00 PM on the 10th day of September, 1976. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Alvin E. Lundh. The mailing address for both the applicant and the Chief Exec- tutive Officer is City Hall, 13th and Iowa Streets, Dubuque Iowa. The City of Dubuque will undertake the projects described above with block grant funds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Alvin E. Lundh, in his official capacity as Mayor, consent to accept the juris- diction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satis- fied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the block grant funds and HUD will have satisfied its respon- sibilities under the National Environ- mental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certifica- tion was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD: or (b) that applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process. Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and may be addressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objection received after the 10th day of Sep- tember, will be considered by HUD. Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 9, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 12 of Asbury Springs Subdivision 3 in the City of Dubuque, Iowa. The subject property lies on the west side of Judson Drive north of its intersection with Hillcrest Road. The Commission has found the plat to be in conformance with the Subdivision Regulations of the City of Dubuque, Iowa and recommends your favorable consideration subject to compliance with the requirements of the City En- gineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Brady moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wert zberger. Nays — None. RESOLUTION NO. 302-76 Resolution Approving the Plat of As- bury Springs Subdivision No. 3 in the City of Dubuque, Iowa WHEREAS, there has been riled with the City Clerk a plat of the Subdivision to be known as ASBURY SPRINGS SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA, by David J. Powers and Paul W. Powers, d/b/a Powers Land Company. A Partnership; in the City of Dubuque, Iowa: and WHEREAS, upon said plat appear streets to be known as Pasadena Drive and Martha Court, together with cer- tain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW, THEREFORE, BE 1T RE. SOLVED by the City Council of the City of Dubuque, Iowa: "ctlon 1. That the dedications of Pasadena Drive and Martha Court, together with the new easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Special Session, August 16, 1976 417 Section 2. That the plat Of ASBURY SPRINGS SUBDIVISION NO.3 IN THE CfTYOF 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 attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specification; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager. f. To construct all improvements in compliance with any and all applica- ble City of Dubuque Specifications and as approved by the City Engineer.- g. ngineer;g. To maintain the foregoing im- provements for a period of four (4) years from date of their acceptance by the City of Dubuque. Iowa; h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Suddivider, Powers Land Company, A Partnership, as owners; i. To construct said improvements, ex- cept sidewalks, prior to August 1, 1978, and to construct the sidewalks Prior to August 1, 1980; j. To install in accordance with City Specification, boulevard street light- ing within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision; and further provided that said Powers Land Company, A Partnership, as owners of said Subdivision, secure the Performance of the foregoing condi• tions by providing security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Da%rd J. Powers and Paul W. Powers, d b a Powers Land Company, A Partnership, shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and ap- proval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 16th day of August. A.D., 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO, 302-76 We, the undersigned David J. Powers and Paul W. Powers having read the terms and conditions of the foregoing Resolution No. 302.76 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 16th day of August, 1976. (sign.) David J. Powers(sign.) Paul W. Powers To: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 302-76 has been furnished by the owners. Dated at Dubuque, Iowa, this Ist Day of September, 1976. Gilbert D. Chavenelle City Manager Councilman Brady moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 303.76 Resolution approving Financial Reports of the City of Dubuque, Iowa, Fire and Police Retirement Systems for the Fiscal Year ended June 30. 1976. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Si•eNon 1. That the Financial reports of the Board of Trustees of the City of Dubuque Fire Pension Fund and the Fire Retirement System also of the Police Pension and Retirement System 418 Special Session, August 16, 1976 for the year ended June 30, 1976, having been submitted to the City Council of Dubuque Iowa, be and the same is her- eby approved. Section 2. That a true copy of such Financial report is hereby ordered transmitted to the Commissioner of Insurance of the State of Iowa, within five (5) days of adoption of this resolution. Passed, adopted and approved this 16th day of August, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved aodption of the resolution. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 304-76 Resolution approving contracts for Furnishing and Erecting Im- provements and Extensions to the Municipal Waterworks. WHEREAS pursuant to notice and hearing, bids were received on June 29, 1976, by the City of Dubuque, Iowa, for furnishing and erecting improvements and extensions to the municipal water- works plant and system in said City as called for in plans and specifications theretofore filed with the City Clerk on May 10, 1976; and WHEREAS this Council has here- tofore determined that the Bid of J.P. Cullen & Construction Corporation of Janesville, Wisconsin, in the amount of $3,765,322,00, for Item 1 (Water Treat- ment Plant Expansion) is for the best interests of the City of Dubuque, Iowa, and the bid of J.P. Cullen & Son Con- struction Corporation of Janesville, Wisconsin, in the amount of $2,032,737.00 for Item 2 (Water Plant Solids Handling Facilities with Vacuum Filters) is for the best interests of the City of Dubuque, Iowa, and awards have heretofore been made to said con- tractors for the construction of said improvements and extensions; and WHEREAS contracts in the form provided in said plans and specifica- tions have been executed by said con- tractors, which said contracts have been signed by the Mayor and attested by the City Clerk on behalf of the City of Dubuque. Iowa, and satisfactory performance bonds have been filed by said contractors; NOW, THEREFORE, BE IT AND 1T IS HEREBY RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the contract between the City of Dubuque, Iowa, and J.P. Cullen & Son Construction Corpora• tion in the amount of $3,765,322.00, dated August 16, 1976, for Item I (Water Treatment Plant Expansion) of the im. provements and extensions to the mun- icipal water works of said City as provided for in the plans and specifica- tions referred to in the preamble hereof, and the performance bond filed in con- nection therewith are hereby approved. Section 2. That the contract between the City of Dubuque, Iowa, and J.P. Cullen & Son Construction Corp., in the amount of $2,032,737.00, dated August 16, 1976, for Item 2 (Water Plant Solids Handling Facilities with Vacuum Filters) of the improvements and ex- tensions to the municipal waterworks of said City as provided for in the plans and specifications referred to in the preamble hereof, and the performance bond filed in connection therewith are hereby approved. • Section 3. That all resolutions and orders or parts thereof in conflict herewith be and the same are hereby repealed. Passed and approved August 16, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded August 16, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 305-76 Resolution to Authorize the Execution of an Escrow Agreement to provide for the payment of $105,000 Water Revenue Bonds. 1962 Series, of the City of Dubuque, Iowa. WHEREAS the City of Dubuque, Iowa, heretofore issued its Water Revenue Bonds, 1962 Series, in the principal amount of $400,000. dated Oc tober 1, 1962, of which bonds in the Special Session, August 16, 1976 419 amount of $105.00(► are presently out- under the terms of said escrow numbered 296 to 400, inclu. agreement, the City Treasurer shall, and standing, sive, of the denomination of $1000 each, he is hereby directed to, apply the same bearing interest at the rate of Two and to the payment of the principal of and eightydive hundredths percent (2.85'6) accrued interest on said Water Revenue per annum and maturing on December Bonds, 1962 Series, which mature on 1,1976; and December 1, 1976, as referred to in Sec- WHEREAS accumulated revenues of tion 1 hereof and in said escrow the municipal waterworks plant and agreement. system are now on hand in an amount Section 4. That all orders or resolu- sufficient to pay the principal of said tions or parts thereof in conflict bonds and the interest which will herewith be and the same are hereby become due thereon on December 1, repealed. 1976, and in order to make it possible for passed and approved August 16, 1976. said City to pay the cost of additional Alvin E. Lundh improvements and extensions which Mayor must now be constructed to maintain ATTEST: and operate the plant and system in an Leo F. Frommelt efficient manner, it is necessary and City Clerk advisable that said accumulated reven- ues be set aside in a special trust fund Recorded August 16, 1976. account pledged solely and only and to Leo F. Frommelt constitute a sinking fund for the full City Clerk payment of said bonds and interest; and August 16, 1976 WHEREAS it is contemplated that American Trust & Savings Bank the foregoing funds, aggregating Dubuque. Iowa $106,496.25, will be deposited in escrow Gentlemen: with the American Trust & Savings I . There is deposited with you Bank in the City of Dubuque. Iowa, and herewith for the account of the City of applied to the payment and retirement Dubuque. Iowa, accumulated net of said outstanding Water Revenue revenues of the municipal waterworks Bonds, 1962 Series, on December 1, plant and system of said City in the 1976; amount of $106,496.25 which sum is to NOW, THEREFORE, BE IT AND IT be retained by you and deposited in a IS HEREBY RESOLVED by the City special trust account to be used solely Council of the City of Dubuque, Iowa, and only for the purpose of paying the as follows: principal of and interest on the follow - Section t.That the Mayor, City Clerk ing described bonds of the City of and City Treasurer be and they are Dubuque Iowa: hereby authorized and directed to $105,000 Water Revenue Bonds. 1962 deposit accumulated revenues of the Series, dated October 1, 1962, num- municipal waterworks plant and system bered 296 to 400, inclusive, of the Of the City of Dubuque. Iowa, in the denomination of $1000 each, bear - amount of $106,496.25 in a special ing semiannual interest at the rate escrow account with the American of Two and eighty-five hundredths Trust & Savings Bank, Dubuque, Iowa, percent (2.8546) per annum, and with instructions to invest the same in maturing on December 1, 1976. United States Government securities 2. The following amounts will be due maturing on an appropriate date so that the proceeds thereof be and owing for the account of interest will available to the City Treasurer to and principal on said Water Revenue Bonds, 1962 Series, indicated below: pay accrued in- terest on and the $105,000 as principal of said outstanding Water Revenue Bonds. 1962 series, which mature Date Amt. For Devember 1, 1976 $1,496.25 Interest on December 1,1976. December I. 1976 105,000 Principal 81WUOn 2. That the form 3. You are authorized and directed to of escrow agreement hereto attached as Exhibit A be and the same is hereby purchase from the funds on deposit in the aforesaid trust account direct ob- approved and the Mayor, City Clerk ligations issued by the United States of and City Trea• surer arehereby authorized to execute the same for America having maturity or face values equal to ttie amount required to pay the and on behalf of the City of Dubuque, Iowa. foregoing suns on said date and matur- 8ctlon 3 That as and when the Proceeds of the investment ing immediately prior to the above mentioned date. As and when the Unit - of said funds made avai4tbleto ed States Government securities ma. the City Treasurer ture, you are authorized to cash the . ft 420 Special Session, August 16, 1976 same and deposit the proceeds thereof in a special trust account to be made available to the City Treasurer of the City of Dubuque Iowa, for the sole and only purpose of paying the principal of and interest on the above described bonds. It is agreed that upon such funds being made available to the City Trea- surer of the City of Dubuque, Iowa, the bank shall assume no further respon- sibility for the proper application of the proceeds of said United States Govern- ment securities. Any interest which may be received by you as Trustee on the foregoing obligations of the United States of America is to be remitted to the City Treasurer of the city of Dubuque, Iowa, as and when received by you. 4. You and the City of Dubuque, Iowa, recognize that the holders from time to time of the above described bonds and of the Water Revenue Bonds, 1976 Se- ries, of said City which are being cur- rently issued by the City to pay the cost of necessary improvements and exten- sions to the municipal waterworks plant and system of said City have a beneficial and vested interest in the obligations of the United States to be purchased and held by you as herein provided and in the provisions of this agreement. You and the City further recognize that the Water Revenue Bonds, 1976 Series, of said City will have been delivered to and accepted by the holders thereof in reliance upon the irrevocable character of this agreement. it is, therefore, reci- ted, understood and agreed that this agreement shall not be subject to revocation or amendment until its provisions shall have been fully carried out. 5. Your fees and costs for and in car- rying out the provisions of this agreement have been fixed at $100.00 which amount is to be paid to you at or prior to the time of the issuance of the Water Revenue Bonds, 1976 Series, her- einbefore referred to, and is not to be a charge on or payable from the funds deposited with you hereunder or the proceeds of any principal or interest collected by you on the government obligations purchased by you pursuant to the terms of this agreement. 6. You shall hold all funds deposited with you hereunder and all obligations purchased with such funds pursuant to this agreement, including all money received by you from the collection of principal of and interest on such obliga- tions, in a special fund and separate trust account wholly segregated from all other funds and securities deposited with you, and you shall never commin. gle such securities or money with other money or securities. Your undertaking to hold, invest and disburse the funds deposited herewith in the manner above described will be evidenced by your endorsement hereon to that effect, executed on your behalf by an authorized officer. CITY OF DUBUQUE, IOWA Alvin E. Lundh Mayor Gerald Hird City Treasurer ATTEST: Leo F. Frommelt City Clerk Receipt of the above sum in the fore. going escrow and the undertaking of the American Trust & Savings Bank to hold the same, invest the same and retain and disburse the proceeds there- of, as hereinbefore stated, is hereby acknowledged. American Trust & Savings Bank Leo J. Meier Sr. Vice -Pres. Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 11, 1976 To the Honorable Mayor and City Council The enclosed agreement provides for participation by the Iowa Department of Transportation in the construction of a left turn lane and signal modification to the intersection of Highway 20 and Wacker Drive. With the opening of the Ramada Inn at this location, and the increased traffic making the left turn onto Mercer Street, we have experienced a severe increase in traffic accidents. We propose to install a separate left turn lane and will provide a protected left tum movement to alleviate the left turn accident problem. The project is estimated at $14,600, with the State's share being a maximum of $6,500. 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 Lundh, Councilmen Special Session, August 16, 1976 421 Brady, Stackis, Tully. Wertzberger. Nays — None. RESOLUTION NO. 306-76 Resolution Authorizing execution of an Agreement between the City of Dubuque, Iowa and the Iowa Department of Transportation relating to the installation of a MM turn lane and signal modification at US 20 and Wacker Drive. BE 11 RESOLVLU, that the Mayor and City Clerk be and they are hereby authorized and directed to execute agreement number 76-U-072 with the Iowa Department of Transportation for the installation of a left turn lane and traffic signal modifications at the inter- section of US 20 and Wacker Drive. Passed, approved, and adopted this 16th day of August, 1976. Alvin E. Lundh Mayor James E. Brady Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Brady left the Council Chambers at 9:15 P.M. August 11, 1976 To the Honorable Mayor and City Council Due to construction delays and bonding requirements, the opening of the new Dubuque Metropolitan Area Solid Waste Agency landfill has been moved to August 23,-19716, We have been operating the City Island facility on a temporary permit issued by the Depart- ment of Environmental Quality. This temporary permit was to cover the in- terim period until the new site would become available on July 1, 1976. Since the new site is still not available. DEQ is requiring the issuance of an amended temporary permit to operate the City Island site until August 23, 1976. We have been given verbal ap- proval for operating the facility during this interim period. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilmen Brady. RESOLUTION NO. 307-76 Resolution authorizing the signing of an amended temporary permit from the Iowa Department of En- vironmental Duality for the Opera- tion of the City Island Landfill. BE IT RESOLVED, that the Mayor be and he is hereby authorized and direc- ted to execute amended temporary per- mit number D1.31 with the Department of Environmental Quality for the con- tinued operation of the City Island Landfill to August 23, 1976. Passed. approved, and adopted this 16th day of August. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: txo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 308-76 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 Herbert F. Bisping, 1401 Elm Street Clark Oil and Refining Corp, 1005 Dodge Street Sandra J. Kress, 1400 Central Avenue Passed, adopted and approved this 16th day of August 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- 422 Special Session, August 16, 1976 man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 309-76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Securities Building Corporation, Long John Silver's, 1500 John F. Kennedy Road CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Road Dubuque Packing Company, 16th and Sycamore Street Passed, adopted and approved this 16th day of August 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the Resolution. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 310-76 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 oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Securities Building Corporation Long John Silver's, 1500 John F. Kennedy Road CLASS "C" BEER PERMIT The Great Atlantic and Pacific Tea Co., Inc., 3333 Asbury Road Dubuque Packing Company, 16th and Sycamore Streets Passed, adopted and approved this 16th day of August 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Brady. RESOLUTION NO. 311-76 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 following applications 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 John F. Glynn, 760 East 16th Street James R. Bainbridge, 1375 Locust Street American Veterans WW 11 Koren -Viet. nam, 36 West 4th Street Melvin A. Spiegelhalter (Sunday Sales), 10291/1 Main Street Passed, adopted and approved this 16th day of August 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Special Session, August 16, 1976 423 Ab RESOLUTION NO. 312-76 WHEREAS, applications for Liquor licenses were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE John F. Glynn, 760 East 16th Street James R. Bainbridge, 1375 Locust Street American Veterans WWII Korean - Vietnam, 36 West 4th Street Melvin A. Spiegelh alter (Sunday Sales), IOM Main Street Passed, adopted and approved this 16th day of August. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Lea F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady Councilman Tully moved that the Planning & Zoning Commission be requested to draft an Ordinance dealing with development of new Industrial Zones. Seconded by Mayor Lundh. Car< ried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. At 8:25 P.M. Mayor Lundh moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Tully. Carried by the following vote: _ Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wen zberger. Nays — None. Absent — Councilman Brady. Council Reconvened in Regular tit• sign at 9:42 P.M. Mayor Lundh announced the follow. ing appointments To the newly formed Dubuque Municipal Government Task Force - Wm. Wood, M.J. Tully, Wm. J. Lux, Richard Clark, and John L. White; Reappointed to the Housing Commis- sion for term expiring 8-17.78- Charlotte Kelly, Douglas Pearce and Wm. Wat- ters. Councilman Stackis moved ra- tification of the appointments. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Naps — None. Absent — Councilman Brady. Councilman Tully moved Plan 1 - City Manager be requested to explore proposals to subsidize employees released by Caradco, who are employed by other Dubuque emplovers, as soon as possible and Plan 2 - Dubuque Task Force of Industrial coordinating Rebate Plan -Rebating pan of cost of land pur- chased by Industries based on number of employees they hire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilmen Brady There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully. WerW' erger. Nays — None. Absent — Councilman Brady. Leo F. Frommelt City Clerk Approved January 17, 1977 Adopted January 17, 1977 424 Special Session, August 20, 1976 circ COUNCIL OFFICIAL Special Session, August 20, 1976. Council met at 3:45 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Stackis, Tully. City Manager Gil- bert D. Chavenelle. Absent -- Councilmen Brady. Wertzberger. Mavor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of AMENDING A RESOLUTION ENTITLED ''A RESOLUTION AUTH• ORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $5,700,000 WATER REVENUE BONDS. 1976 SERIES, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF SEC- TION 384.80 ET SEG. OF THE CODE OF IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF IM- PROVEMENTS AND EXTENSIONS TO THE MUNICIPAL WATERWORKS PLANT AND SYSTEM IN AND FOR SAID CITY AND PROVIDING FOR THE COLLECTION SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH PLANT AND SYSTEM", and acting upon such other business as may properly come before a Regular Meeting of the Council. RESOLUTION NO. 313.76 A Resolution amending a resolution entitled "A Resolution authorizing and providing for the issuance and securing the payment of $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa, under the provi- sions of Sections 384.80 et seq. of the Code of Iowa, for the purpose of defraying the cost of im- provements and extensions to the municipal waterworks plant and system in and for said City and providing for the collection, se- gregation and distribution of the revenues of such plant and system." WHEREAS it is necessary and advi- sable that the municipal waterworks plant and system of the City of Dubuque, Iowa, be improved and ex- tended through the expansion of the water treatment plant and the con. struction of water plant solids handling facilities; and WHEREAS the estimated cost of said improvements and extensions is $5,898,059 and it is necessary that said City issue its revenue bonds to pay the cost, to the amount of $5,700,000, of said improvements and extensions; and WHEREAS notice of the intention of this City Council to take action for the issuance of $5,700,000 Water Revenue Bonds, 1976 Series, of said City was published on July 9, 1976, in the "Tele. graph Herald" and a public hearing on the issuance of said bonds was held on July 19. 1976; and WHEREAS no oral or written objec- tions of any kind were filed or made at said public hearing and on July 19, 1976, this City Council adopted Resolution No. 275-76, entitled "A Resolution authorizing and providing for the is- suance and securing the payment of $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa, under the provisions of Sections 384.80 et seq. of the Code of Iowa, for the purpose of defraying the cost of im- provements and extensions to the municipal waterworks plant and system in and for said City and providing for the collection, segregation and dis- tribution of the revenues of such plant and system"; and WHEREAS on August 5. 1976, said bonds were sold at public sale to John Nuveen & Co. Incorporated upon terms of par and accrued interest plus a premium of $171.00, with the bonds maturing in the years 1977 and 1990 to 1993, inclusive, bearing interest at the rate of Five and seventy -hundredths per cent (5.70%) per annum, the bonds ma- turing in the years 1978 to 1988, inclu- sive, bearing interest at the rate of Six and one-half per cent (6-1h%) per an- num, the bonds maturing in the year 1989 bearing interest at the rate of Five and ninety -hundredths per cent (5.90%) per annum, and the bonds maturing in the years 1994 to 1996, inclusive, bear- ing interest at the rate of Five per cent (5%) per annun; and WHEREAS the purchaser of the bonds and the City have agreed that the alternate paying agent for the bonds shall be The Northern Trust Company. in the City of Chicago, Illinois, and it is necessary and advisable that the re- solution hereinbefore referred to be amended to conform the details of this bond issue to the terms of sale; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Section 1 of the re- solut.on referred to in the preamble hereof be and the same is hereby amended to read as follows: Special Session, August 20, 1976 425 "Secgon 1. That for the purpose of defraying the cost of improvements and extensions to the municipal water- works plant and system of said City, as referred to in the preamble hereof. there be and there are hereby authorized to be issued one thousand one hundred fortv (1140) negotiable interest bearing revenue bonds of said City of Dubuque. in the principal amount of $5,700,000, each of which shall be known and de- signated as a "Water Revenue Bond, 1976 Series". bearing date of July 1, 1976, numbered from 1 to 1140, inclu- sive, of the denomination of $5000 each. The bonds of said issue shall bear in- terest from the date thereof at the rates hereinafter specified, all of such interest being payable January 1, 1977, and semiannually thereafter on the first days of July and January of each year until the principal thereof is paid. Said bonds shall mature in numerical order on July 1 of each of the respective years and shall bear interest at the rates as follows: Year Amt. Bond Rab of Nos. Interest 1977 $100,131N) 1- 20 5.70% 1978 2000M) 21- 60 6'1% 1979 200.000 61- 100 6': i% 1980 22,0110 101. 140 6"J% 1981 200,11011 191. 180 6,2% 1982 200,000 181. 220 6'z% 1983 2013,000 221- 260 6,2% 1984 250,000 261- 310 6'z% 1985 250,000 311- 360 6'2% 1986 250.000 361- 410 6':% 1987 3(N),(1110 411- 470 6'-z% 1988 300d)U0 471. 530 6'2% 1989 300,1100 531- 590 5.90% 1990 350.000 591. 660 5.70% 1991 350,000 661- 730 5.70% 1992 400,000 731. 810 5.70% 1993 400,000 811- 890 5.70% 1994 400,000 891- 970 5% 1995 400,000 971-1050 5% 1996 450,000 1051.1140 5% Provided, however, that bonds num- bered 661 to 1140, inclusive, shall be 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 date on or after July 1, 1990, upon terms of par and accrued interest plus a premium of three per cent (3%) of the principal amount of any of such bonds called for redemption. In the event any of said bonds are called for redemption prior to maturity as aforesaid notice of such redemption, identifying the bond or bonds to be redeemed, shall be pub- lished at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York. All of such bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, 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, or, at the option of the holder, at The Northern Trust Company in the City of Chicago, Illi- nois. All of said bonds and the interest thereon, together with any additional bonds as may be hereafter issued and outstanding from time to time ranking on a parity therewith under the condi- tions hereinafter set forth governing the issuance of such additional parity bonds, shall be payable soley from the "Water Revenue Bond Sinking Fund", hereinafter created, and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxation, but the bonds herein authorized to be is- sued, together with any additional bonds as may be hereafter issued rank- ing on a parity therewith, shall be payable, both as to principal and inter- est, solely and only from the future net revenues of said municipal waterworks plant and system pledged therefor as hereinafter provided." Section 2. That Section 3 of the re- solution referred to in the preamble hereof be and the same is hereby amended to read as follows: "Section 3. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND, 1976 SERIES Number ......... $5000 KNOW ALL MEN BY THESE PRE- SENTS: That the City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, or if this bond be regis- tered as to principal as hereinafter provided then to the registered holder hereof, in the manner hereinafter specified, the sum of Five Thousand Dollars (15000) on the first day of July, 426 Special Session, August 20, 1976 19....., and to pay interest on said sum from the date hereof at the rate of .............. percent ( ......I.......%) per annum, payable January I, 1977, and semian- nually thereafter on the first days of July and January in each year until said principal sum is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be and become applicable hereto, all such interest as may accrue on and prior to the maturity of this bond to be paid only upon presentation and sur- render of the interest coupons hereto attached as they severally become due; both principal and interest being pay- able in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa, or, at the option of the holder hereof, at the Northern Trust Company, in the City of Chicago, Illinois. This bond and the series of which it is a part are issued by said City pursuant to and in strict compliance with the provisions of Sections 384.80 et seq. of Chapter 384 of the Code of Iowa, 1975, and all other laws amendatory thereof and supplemental thereto, and in con- formity with a resolution of the City Council of said City duly passed on the 19th day of July, 1976, as amended. For a more complete statement of the basis upon which this revenue bond has been issued and additional revenue bonds ranking on a parity therewith may be issued and outstanding, a description of the source of payment of all such revenue bonds, and a statement of the rights, duties and obligations of the City of Dubuque and the rights of the holders of the revenue bonds, reference is made to said resolution. This bond is one of a series of bonds of like tenor and date (except interest rate and maturity), numbered from 1 to 1140, inclusive, issued for the purpose of defraying the cost of improving and extending the municipal waterworks plant and system in and for said City. This bond and the series of which it forms a part, together with any addi- tional bonds as may be hereafter issued and outstanding from time to time ranking on a parity therewith under the restrictions and conditions set forth in the resolution authorizing said series as referred to in the preceding paragraph, are payable solely and only out of the future net revenues of said municipal waterworks plant and system, a suf- ficient portion of which has been or- dered set aside and pledged for that purpose. This bond is not a general obligation of said City nor payable in any manner by taxation or from other funds. Said City covenants it will fix such rates for the services furnished by said plant and system and will collect and account for income and revenues therefrom sufficient to promptly pay the principal of and interest on this bond and the series of which it is a part and any additional bonds as may from time to time be outstanding ranking on a parity therewith as the same will become due, and to create and maintain a reasonable reserve therefor. The City of Dubuque reserves the right to call and redeem bonds of this issue numbered 661 to 1140, inclusive, prior to maturity in whole, or from time to time in part in inverse order of ma- turity (less than all of one maturity to be selected by lot) on any interest payment date on or after July I, 1990, upon terms of pay and accrued interest plus a premium of three per cent (3%) of the principal amount thereof. In the event any of said bonds are called for redemption prior to maturity as afore- said, notice of such redemption, iden- tifying the bond or bonds to be redeemed, will be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York. Such of said bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provid- ed shall cease to bear interest from and after the date as of which they are called for redemption. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the City Treasurer, such registration being noted hereon by the City Treasurer, and after such registration no transfer shall be valid unless made on said books and similarly noted on the bond, but it may be dis- charged from such registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part, have existed, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Session, August 20, 1976 427 bond does not exceed or violate any constitutional or statutory limitation or provision. IN TESTIMONY WHEREOF, said City of Dubuque, by its City Council. has caused this bond to be signed by its Mayor and attested by its City Clerk. with the seal of said City affixed, and the coupons hereto attached to be ex- ecuted with the facsimile signature of said City Clerk, which official by the execution of this bond does adopt as and for his own proper signature his facsimile signature appearing on said coupons, this first day of July. 1976. ....... ............. Mayor ATTEST: City Clerk (Form of Coupon) No.......... f .......... The Treasurer of the City of Dubuque, Iowa, will pay to bearer out of the future revenues of its municipal waterworks plant and system ....................... Dollars I$............) on ............ 19 ....... at the office of the City Treasurer, Dubuque, Iowa, or, at the option of the holder hereof at The Northern Trust Company, in the City of Chicago, Illinois, as provided in and for interest then due on the Water Revenue Bond, 1976 Series, of said City, dated July I, 1976, No......... City Clerk The issuance of the bonds herein authorized shall be duly recorded in the office of the City Treasurer of the City of Dubuque and, as required by Section 384.83 of the Code of Iowa, 1975, as amended, a certificate of such recording shall be printed on the back of each bond in the following form: The issuance of this bond has been duly and properly recorded in my office as of the first day of July, 1976. Treasurer of the Crt of Dubuque, Iowa' (Form for registration to be panted on the back of each bond) le of In Whose Sig. of / 'gis. Name Regis. City Treas. cion 3. That the resolution ed to in the preamble hereof, as amended hereby, be and the same is hereby ratified and confirmed in all respects and that all action heretofore taken in connection with the sale and award of the bonds therein authorized is hereby ratified and confirmed in all respects. Section 4. That all resolutions or orders or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved August 20, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded August 20, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully. Nays — None. Absent — Councilmen Brady, Wertzberger. There being no further business, Councilmen Tully moved to adjourn. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully. Nays — None. Absent — Councilmen Brady. Wertzberger. Adopted January 17, 1977 Adopted January 17, 1977 2S Special Session, CITY COUNCIL OFFICIAL Special Session, September 3, 1976. Council met at 4:15 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger, City Manager Gilbert n. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of AMENDING RESOLUTION NO. 238.76 AUTHORIZING AND APPROV- ING A PETITION TO THE CITY DEVELOPMENT BOARD OF IOWA FOR ANNEXATION OF CERTAIN TER- RITORIES TO THE CITY and acting upon such other business as may properly come before a regular meeting of the Council. September 3, 1976 Honorable Mayor and Councilmen We have enclosed a proposed Re- solution to amend your Annexation Petition. That original petition was received by the City Development Board on August 9, 1976, and was approved subject to fulfillment of certain conditions. One of the conditions asked for confirmation of joint maintenance agreements on road- ways that would be partially included within the annexation. We have discussed this situation with the County Engineer and it is his opin- ion that such proposed joint mainten- ance conditions are contrary to state law. We share the view that conditions of roadway jurisdiction and mainten- ance responsibilities, implied by our original petition, would be potentially cumbersome. In order that this matter be resolved to the satisfaction of the City Development Board, we are proposing that your original petition be amended to include certain roadway rights-of-way as are shown on the ex- hibits accompanying the attached Resolution. The proposed Resolution also in. cludes a correction by way of deleting one platted lot now known to be within the City of Asbury. We recommend your favorable con- sideration of the Resolution. Daniel Dittemore City Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen ber 3, 1976 Brady, Stackis, Tully, Wertzberger, Nays — None. RESOLUTION NO. 314-76 A Resolution amending Resolution No. 238-76, known as the "Annex- ation Petition of the City of Dubuque, Iowa", so as to request that certain hereinafter delineated road rights-ol-way shall be made a part of the Territory Included with In the Annexation Petition, and making other corrections to such Petition WIil Rf,.\S, the City Council of the c u 0 Dubuque. Iowa has made a pe- tition t, the City Development Board of Iowa f;ir annexation of certain territor- ,, urthin Dubuque County, Iowa; and WHEREAS, the City Development Board of Iowa has requested a clar- ification of the jurisdictional status of certain public roadways abutting the territory to be annexed; and WHEREAS, it has been found that inclusion of such roadways within the territory to be annexed will most satis- factorily resolve the jurisdictional sta- tus of such roadways; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Develop- ment Board of Iowa be and it is hereby petitioned to include within the terri- tory to be considered for annexation, pursuant to Resolution No. 238-76, cer- tain public roadways as shown upon Exhibit A, Parts 1 and 2, hereto attached. Section 2. That the territory proposed for annexation, pursuant to Resolution No. 238-76, be amended so as to delete property described as Lot I of Kloser Place in Section 20, T89N, R2E of the 5th Principal Meridian, as such property appears upon the public record as a part of the incorporated City of Asbury, Iowa. Passed, approved and adopted this 3rd day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Special Session, September 3, 1976 429 Brady. Stackis. Tully, Wertzberger. Nays — None. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Dan Dittemore, City Planner, and Mr. Lynch of City Development Board, ad- dresssd the Council relative to change in Annexation Map and Mayor was served notice of hearing on proposed annexation. At 4:29 P.M. Mayor Lundh moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stack LS, Tully, Wertzberger. Nays — None. Council reconvened in Regular Ses- sion at 4:55 P.M. Mayor Lundh announced the follol< ing appointments: Frank Noonan to Municipal Govern- ment Reorganization Task Force; Ri- chard Friedman, as City Representative, to the Development Board; and Wayne Norman, Jackie Merritt, Wm. Wood- ward, Mike Reilly, Dave Bonnett, Randy Nigg, and Alvin Lundh & James Brady (representing Council), to the Civic Center Committee to get Civic Center under construction. Councilman Wertzberger moved ratification of the appointments. Seconded by Mayor Lundh,. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Councilman Wertzberger moved that Council Meetings be set for the 1 st & 3rd Mondays of each month and after by Mavor discretion. Seconded by Coun- Gilman Tully. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. There being no further business, Councilman Stackis moved to adjourn. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt Citv Clerk Approved February 7, 1977 Adopted February 7, 1977 430 Regular Session, September 6, 1976 CITY COUNCIL OFFICIAL Regular Session, September 6, 1976. No Members of the Council being present, the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved February 7, 1977 Adopted February 7, 1977 Regular Session, September 7, 1976 431 CITY COUNCIL Adjourned Regular Session, Sep- tember 7, 1976. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Tully. Mayor Lundh read the call and stated that service thereof had been duly made and this meeting is called as AN AD- JOURNED REGULAR MEETING OF SEPTEMBER S. 1976, for the purpose of acting upon such business as may properly come before the Meeting. Proclamations proclaiming Sep- tember 8, 1976 as "National Cancer Day", Week of September 12 thru 18, 1976 as "Dubuque Symphony Orchestra Week", and Week of October 10 thru 16, 1976 as "Children With Leaming Di- sabilities Week", were approved and signed by Mayor Lundh. Communication of John Edmonds, as Eagle Scout, submitting a map of the Catfish Creek area showing various points of pollution, presented and read. Councilman Brady moved that the communication be received and filed and referred to the Engineering Depart- ment. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of August 10, 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Planning & Zon- ing Commission submitting minutes of their meetings of August 18 and Sep- tember 1, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dock Commission submitting minutes of their meetings of August 5 and August 11, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Airport Commis. sion submitting minutes of their meet- ing of August 12, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Playground & Recreation Commission submitting minutes of their meeting of August 16, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Housing Commis- sion submitting minutes of their meet- ing of August 17, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully, Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of August 24, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communicaition of Iowa Department of Environmental Quality acknowledg- ing receipt of Standard Specifications for Sanitary Sewer Construction in the City as requested by them, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communications of Iowa Depart. 432 Regular Session, September 7, 1976 ment of Environmental O.uality issuing Construction Permit No. 76-442-W for Water Main Extension in Arbor Oaks, Block 6, and Construction Permit No. 76.632.5 for Sanitary Sewer Extension of west 32nd Street, presented and read. Councilman Stackis moved that the communications be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Building Commis- sioner Feyen submitting copy of min- utes of Board of Zoning Adjustment of meeting of August 19, 1976 indicating decision on two conditional use permits which is now a requirement under Zon- ing Ordinance No. 32.75, Section 6.106.6, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Park Board requesting that David J. Willoughby has requested to be excused as a member of the Community Development Commis- sion because of conflicting meeting dates and further requesting that Thomas G. Schrup be appointed as a replacement, presented and read. Councilman Brady moved that the communication be received and filed and appointment be approved. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of East Central In. tergovernmental Ass'n. advising receipt Of Annexation Petition of the City from the Iowa City Development Board and have initiated an A-95 Review of the Proposal, presented and read. Council- man Stackis moved that the commun- ication be received and riled. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Community Development Commission submitting names for membership on the Commis- sion, presented and read. Councilman Wertzberger moved that the commun. ication be received and filed and referred to Council. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Citizens Advisory Commission advising of the resignation of Charles A. Hilgert and recommending that Mr. Hilgert be replaced by Mr. Diech, presented and read. Councilman Wertzberger moved that the commun. ication be received and filed and referred to Council. Seconded by Mayor Lundh. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Mayor Lundh, Councilman Wertzberger. Nays — Councilmen Brady, Stackis. Absent -- Councilman Tully. Proof of Publication, certified to by the Publisher, of General Revenue Sharing, Actual Use Report, as of June 30, 1976, presented and read. Council- man Stackis moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 1, 1976 To the Honorable Mayor and Members of the City Council The following policies have been ap- proved for filing and we wish to have your approval of same. GENERAL LIABILITY POLICY Louis Buechel, Policy ICC 977729 U.S. Fidelity & Guaranty Co., from August 25, 1976 to August 25, 1977 SIDEWALK CONSTRUCTION BOND Hartmann Construction Co., Bond No. 29451 Midwestern Casualty & Surety Co., from August 21. 1976 to August 21. 1977. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher, of Public Notice advising public a file a request for release of funds under Title 1 of the Housing and Regular Session, September 7, 1976 433 Community Development Act, present- ed and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. August 27, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has received four (4) petitions for reclassification of property as follows: 1) The Commission will hold a public hearing at their meeting of Sep- tember 15, 1976 on the petition of Mr. William Heitzman to reclassify Lot 1 of 3 and Lot I of 4 in John P. Mettel Subdivision No. 2 from R-5 Residen- tial District to OR -1 Office Residential District classification. The property is located on the north side of Asbury Road in the 3400 block and it is the intent of the applicant to construct an office building on the property if the zoning classification is granted. See map attachment No. 1 2) The Commission will review the request of Mr. Steve Bisenius at their meeting of September 15, 1976, to reclassify 15 lots in A.P. Woods Addi- tion from R-2 Residential District to R-3 Residential District to permit the applicant to construct multiple -unit structures on the property which is located north of Kirkwood aLt its in- tersection with Blake Street. See map attachment No. 2 3) At their meeting of September 15, 1976 the Commission will review the petition H -R -W Associates to reclas- sify property lying south and west of the southwest comer of the intersec- tion of Hillcrest Road and John F. Kennedy Road from C-3 Arterial Bu- siness Commercial District to C-6 Planned Commercial District clas- sification to permit the owner to develop a shopping center on the property. See map No. 3 4) The Commission will review the request of Mr. Don Staley at its meet- ing of September 15, 1976 for expan- sion of an existing C-2 Commercial District to include two lots now zoned R-5 Residential District classification to permit construction of a profes- sional office -building. The subject property fronts on the south side of Asbury Road in the 3400 block and extends south to Dana Drive. See map attachment No.4 The four petitioners have met the ap. plication and zoning fee requirements of the City of Dubuque Zoning Ordinance No. 32-75. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 1, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. William Giese for restoration of commercial or industrial zoning classification to his property known as Lot 49 of Glendale Addidition in the City of Dubuque, Iowa. This property is a single lot locat- ed at the southeast corner of the inter- section of 30th and Elm Streets, and had been classified in the heavy industrial district in the predecessor Zoning Or- dinance No. 3-34. Many of the nearby residential property owners were present at the public hearing to express their opposi- tion to the proposed reclassification to the C-1 Neighborhood Commercial Dis- trict. There was extensive discussion of the conditions on the property between the Commission, property owner, and near -by residents. The Commission has determined that the continued use of the property is pro- tected by the legal non -conforming use status of that lot, and that future plans for converting that property to a park- ing lot may be implemented through Conditional Use provisions of the R-3 Residential District. In this regard, the Commission has found that the rights to reasonable use of the property are sus- tained in the present zoning classifica- tion and that a conversion to the C-1 District or other Commercial or Indus- trial Districts would diminish the pro- tection afforded to adjoining residential properties. Therefore, the recommen- dation of the Planning and Zoning Commission is to retain Lot 49 in Glendale Addition in its present R-3 Residential zoning classification. We request that you approve this 434 Regular Session, September 7, 1976 recommendation. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Coordinator Harry Neustadt requesting permission for the Jean Marie Cardinal Canoe Committee to address the Council and to present gifts received by the can- oeists, presented and read. Councilman Brady 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 Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. C. Robert Justmann, Kerin Molden- hauer, Jody Reilly and Rex Wellman, members of the Canoeists' Committee spoke to the Council on the Jean Marie Cardinal canoe trip from Dubuque to St. Louis; Left Dubuque July 24 and arrived at St. Louis, Missouri on August 7th. Also stated Mississippi Valley has a heritage that dates back to Civil War and requested that canoe participants be put in the record. Councilman Brady moved that the communication of Harry Neustadt be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Honorable Mayor August 31, 1976 and City Council 1 herewith submit the reports of the City Treasurer, Finance Director, Health Department, Water Superinten- dent, as well as a list of claims paid, for the month of July, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that. the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Honorable Mayor September 1, 1976 and City Council Some weeks ago you considered the petition of Mr. William L. Meyers for the city to make the necessary arran- gements to increase the water pressure at his residence. A suggestion was made by Mr. Hail that the pressure could be increased in the area by adjusting the water distribution system for an es- timated $8,000 cost. The matter was again referred to the city manager for further investigation. After again investigating the matter, it is my recommendation that we do not increase the water pressure and that Mr. Meyers' petition be denied 1 am enclos. ing a letter from Mr. Joe Hail which describes the investigation and sub- stantiates my recommendation. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be referred to the City Solicitor for an opinion. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notices of Expiration of Right of Redemption and taking Tax Deed on Lot 1 of Sub. of Lots 48 and 49 in Bel. levue Addn., Lot 72 E. Langworthy Addn., of Part of M.L. 320; Lot 56 and N. 48' of Lot 57 in A. Stine's Sub. of M.L. 471 and 472; and Lot 2 of 1 and Lot 2 of 2 of Cushings Addn., presented and read. Councilman Stackis moved that the Notices be received and filed and referred to the City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 3, 1976 Honorable Mayor and City Council It is requested that Leo Frommelt be authorized to sign city papers for the city manager during my absence, Sep- tember 23 . 30, 1976. The papers will largely consist of authorized purchase orders and payment of vouchers. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the Regular Session, September 7, 1976 435 communication be received and filed and request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 2, 1976 To the Honorable Mayor and City Council in response to your directive to seek an alternate alignment for the Cooper Street steps, we offer the following narrative. We began with the premise of a con- crete sidewalk which would run diagonally across the properties being donated by Mrs. Gilmore. The beginning point of such an alignment would be indentical to that previously proposed, however, approximately one-half the distance down the hill we would angle in a northeasterly direction, following the existing contours of the hillside wher- ever possible. The termination point would be the northeast corner of the property, where a set of stairs would connect to the present sidewalk along 5th Street. We have prepared a detailed estimate of the construction cost for such an alignment based upon the actual bids received on the previous section. We estimate that the following work would be required: 1,243 square feet of 4" sidewalk $ 4,039 147 steps ................... 8,085 577 feet of handrail .......... 8,078 6 street lights ............... 5,260 Total $25,462 It should be realized that this cost is exclusive of any future park develop- ment and landscaping costs abutting the sidewalk. The previous alignment provided for the concrete sidewalk and stairs to be constructed totally on property now owned by the City, at a cost of $11,471. Under that proposal expenditures for a more rustic pathway through the park and surrounding landscaping would be required at a later date. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed and referred to Councilman Brady for study. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 1. 1976 To the Honorable Mayor and City Council 1 am enclosing a letter from the Landscape Architectural Department of Iowa State University. The Landscape Architectural Department of the University is making a proposal for conducting a study and making recom. mendations for evaluating and manag. ing the bluff areas in the City of Dubuque. The program would he conducted in the fall of 1976. The City would be re- sponsible for reimbursing the Universi. ty for travel and living expenses. The estimated cost to the City for the pro- gram would be about $1000. You will note in the proposal that the University is suggesting a pilot study be conducted in a selected area or areas of the City. Enclosed also is a letter from Daniel Dittemore in which he makes reference to the Gruen Plan in which the subject of conservation of the bluffs of Dubuque was recommended. Also, you will note in Mr. Dittemore's letter that when the new zoning ordinance was adopted, consideration was given to a conservation overlay district to be in- corporated into the zoning ordinance at a future time. Plans for the development of Cooper Place are being submitted to the Council in a separate communication for this meeting. From all indications, the cost for the development of cooper Place far exceeds the amount of money budgeted for the project in FY 76. As an alternate, consideration may be given to the en- gagement of the Landscape Architec- tural Department of Iowa State Univer- sity for a pilot study in this general region. Possibly, as a result of the study, a more definitive and clear-cut program would be available for consideration in the development of the park. 1 would request your approval to en- gage the services of the Landscape Ar- chitectural Department of Iowa State University for this pilot study and would also request your authorization to com- mit $1,000 from the General Fund to reimburse Iowa State. An amendment to the FY 78 budget would be submitted to you at a later date. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed and study for $1010. be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. 436 Regular Session, September 7, 1976 Nays — None. Absent — Councilman Tully. Communication of R. Dean Rampson of 1158-60 University Avenue, objecting to the general nuisances in existence in the area as the result of operation of Gomer's Tavern, presented and read. Mrs. Ray Rampson addressed the Council relative to the communication objecting to noise pollution, foul lan- guage and inability to sleep before 1:30 A.M. Councilman Wertzberger moved that the communication be received and riled and meeting be set for September 9, 1976 at 6:00 P.M. in the Council Chamber with the Council and residents of the area. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Airport Commis- sion advising of the expiration of term of office of Stacey Murdock on September 14th and requesting his re -appointment, presented and read. Councilman Stackis moved that the communication be received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notice of personal injury claim of Velma H. Wild, in the amount of $45.65, for injuries received in a fall in a loose graveled crosswalk at University & Air Hill on August 9, 1976, presented and read. Councilman Stackis moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notice of personal property claim of Nancy A. Jochum, in the amount of $12.00, as the result of a fall in loose gravel on sidewalk on W. 8th Street Hill on August 19, 1976, presented and read. Councilman Stackis moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notice of Claim of General Casualty Co. requesting reimbursement of car damage claim, in the amount of =70.50, exercising subrogation rights, in behalf of Bernard Middendorf as the result of paint damage by city employees while car was parked on 7th Street across from Washington Park, presented and read. Councilman Stackis moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notice of Cross Claim by Paula Kay Haas and Margaret L. Schueller, demand of Cross Defendants, City of Dubuque and Leonard link as an em- ployee, for equitable contribution toward any judgment which may be entered in favor of Plaintiff David G. Swan as the result of an auto collision., presented and read. Councilman Stackis moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notice from State Automobile & Ca- sualty Underwriters placing City on notice as to an accident involving Miss Malena Kay Moser, who was struck by a vehicle at S. Grandview Ave. on July 7, 1976, while alighting from a bus driven by a member of the Recreation Depart- ment, presented and read. Councilman Stackis moved that the Notice be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Notice of Claim of Richard M. Beecher, of Waterloo. Iowa, in the amount of $310.32 for car damages in- curred as the result of driving over a bent road sign at the corner of frontage road and Devon Drive on August 28, 1976, presented and read. Councilman Stackis moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by Regular Session, September 7, 1976 437 the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. proof of Publication, certified to by the Publisher, of Notice of Vacation and Sale of Lot A Block 8 in River Front Sub. No. 3 to Dubuque Packing Company, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. ORDINANCE NO. 41-76 AN ORDINANCE VACATING LOT A, BLOCK 8 IN "RIVER FRONT SUBDIVI- SION NO. 3" IN THE CITY OF DUBUQUE, IOWA. BEING A PORTION OFKERPER BOULEVARD ADJACENT TO LOT 1 OF BLOCK 8 AND LOT 1 OF LOT 2 OF LOT 2 OF BLOCK 8, EACH IN SAID "RIVERFRONT SUBDIVISION NO. 3" IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of August 16, 1976, presented for final adoption ORDINANCE NO. 41-76 AN ORDINANCE VACATING LOT A, BLOCK 8 IN "RIVER FRONT SUBDIVI- SION NO. 3" IN THE CITY OF DUBUQUE, IOWA BEING A PORTION OFKERPER BOULEVARD ADJACENT TO LOT 1 OF BLOCK 8 AND LOT 1 OF LOT 2 OF LOT 2 OF BLOCK 8, EACH IN SAID "RIVERFRONT SUBDIVISION NO. 3" IN THE CITY OF DUBUQUE, IOWA WHEREAS, Lot A, Block 8 in 'River Front Subdivision No. 3" in the City of Dubuque, Iowa being a portion of Kerper Boulevard adjacent to Lot 1 of Block 8 and Lot I of Lot 2 of Lot 2 of Block 8, each in said "Riverfront Sub- division No. 3" is no longer needed for street purposes, and Dubuque Packing Company has petitioned for the acqui- sition of said lot; and WHEREAS, Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vacation of said described real estate; and WHEREAS, the City Council of the City of Dubuque, Iowa deems it in the best public interest that said above described real estate be vacated subject to the conditions and provisions herein- after set forth and that disposal thereof to Dubuque Packing Company be approved: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation of Lot A. Block 8 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa being a portion of Kerper Boulevard adjacent to Lot 1 of Block 8 and Lot 1 of Lot 2 of Lot 2 of Block 8, each in said "Riverfront Subdivision No. 3" in the City of Dubuque, Iowa be and the same is her- eby approved. Section 2. That the disposal of inter- est of the City of Dubuque, Iowa in and to said Lot A, Block 8 in 'River Front Subdivision No. 3" in the City of Dubuque, Iowa, as shown on plat dated August 6, 1976, a copy of which is hereto attached and made a part hereof, be disposed of to the Dubuque Packing Company subject to and on the fol- lowing conditions: 1. That the sale price of said real estate shall be One Hundred ($1110.00) Dollars, that the buyer shall pay the publication costs, that no abstract of title shall be fur- nished and conveyance shall be by Quit Claim Deed. 2. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. be and the same is hereby approved. Section 3. That the City Clerk be and he is hereby ordered and directed to publish notice as is by law required. Passed, approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST.- Leo TTEST:Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 13th day of Sep- tember, 1976. Leo F. Frommelt City Clerk !19/13 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carred by the following vote: 438 Regular Session, September 7, 1976 Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. RESOLUTION NO. 315-76 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published in the City of Dubuque. Iowa, on August 19, 1976, the City Council of the City of Dubuque, Iowa met on the 7th day of September, 1976, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described, to Dubuque Packing Company; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Packing Company: NOW THEREFORE BE 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 the following described real estate, to -wit: Lot A. Block 8 in River Front Sub- division No. 3 in the City of Dubuque, Iowa, to DUBUQUE PACKING COMPANY be and the same is hereby approved for the total purchase price of $100.00 and payment of costs of publication, and other good and valuable consideration subject to the following terms and conditions: I. That the sale price of said real estate shall be One Hundred ($100.00) Dol- lars, that the buyer shall pay the pub- lication costs, that no abstract of title shall be furnished and conveyance shall be by Quit Claim Deed. 2. That the City of Dubuque, Iowa retains a perpetual easement for the existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. Sactlon 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Dubuque Packing Company upon receipt of the purchase price in full. Sfttlon 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. Proof of Publication certified to by the Publisher, of Notice of Vacation and Sale of Lot "A" of Block 5 Dubuque Packing Company Addn., (Formerly known as Hickory Street), to Dubuque Packing Company, 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 Stackis moved that the proof of publication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. ORDINANCE NO. 42-76 AN ORDINANCE VACATING LOT 1 "A" OF BLOCK 5, "DUBUQUE PACK- ING COMPANY ADDITION" IN THE CITY OF DUBUQUE, IOWA (FORMER- LY KNOWN AS HICKORY STREET), said Ordinance having been previously presented and read at the Council Meeting of August 16, 1976, presented for final adoption. ORDINANCE NO. 42-76 AN ORDINANCE VACATING LOT 1 "A" OF BLOCK 5, "DUBUQUE PACK- ING COMPANY ADDITION" IN THE CITY OF DUBUQUE, IOWA (FORMER- LY KNOWN AS HICKORY STREET) WHEREAS, Lot 1 "A" of Block 5, "Dubuque Pocking Company Addition" in the City of Dubuque, Iowa, (formerly Hickory Street) is no longer needed for Street purposes, and Dubuque Packing Company has petitioned for the acqui- sition of said Lot, and; WHEREAS, Planning and Zoning Commission, City of Dubuque, Iowa, Regular Session, September 7, 1976 439 has approved the vacation of said de- scribed real estate, and, WHEREAS, the City Council, City of Dubuque, Iowa deems it in the best public interest, that said above de- scribed real estate be vacated subject to the conditions and provisions herein. after set forth and that disposal thereof to Dubuque Packing Company be approved NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the vacation of Lot I "A" of Block 5, "Dubuque Packing Company Addition" in the City of Dubuque Iowa, be and the same is her- eby approved. Section 2. That the disposal of inter- est of the City of Dubuque, Iowa, in and to said Lot I "A" of Block 5, "Dubuque Packing Company Addition" in the City of Dubuque. Iowa be disposed of to Dubuque Packing Company subject to and on the following conditions be and the same is hereby approved: 1. City of Dubuque, Iowa retains Q. y and all easements for utilities in and to said street, together with the right of ingress and egress for the purpose of repair and mainten. ance of said utilities, including, but not limited to, water, storm sewer and sanitary sewer. 2. The above described real estate is within the affected area of the proposed Freeway and in the event that the City of Dubuque, Iowa, constructs said Freeway the Dubuque Packing Company shall grant to the City of Dubuque, Iowa, the necessary rights and interest in and to said property for the purpose of erection and construction of said Freeway. Grantee understands, and does herewith so acknowledge, that part of the conveyed premises may be needed by Grantor at sometime in the future for the erection and con- struction and maintenance of a Freeway and to that end Grantor reserves the absolute right, in the exercise of sound engineering prin- ciples, to locate on such needed part of the conveyed premises such Freeway, and in the event that such Freeway shall be constructed above ground level, then in such event, Grantor shall have the absolute right to locate on the part of the conveyed premises such piers or columns as shall be necessary to support such Freeway, and Grantor shall not be required to compensate Grantee in any way by reason of the locations of such Free way orpiers or columns supporting same. Grantee covenants and agrees that upon written notice from Grantor, it will promptly remove any im. provements made by Grantee upon the conveyed premises that would obstruct or impede or interfere with the location of such Freeway or piers or columns supporting some. The Grantor shall have, and does hereby reserve, and Grantee does hereby grant, a perpetual right, easement and right of entry to Grantor for the purposes of instal- lation, maintenance and repair of same. 3. Premises herein conveyed are subject to existing easements for storm sewer, sanitary sewerand easement for utilities, including, but not limited to, water, which Grantee agrees and covenants not to interfere with or encroach upon. 4. That the sale price shall be in the sum of Five Hundred ($500.00) that the buyer shall pay publication costs and that no abstract of title shall be furnished and conveyance shall be by Quit Claim Deed. Section 3. That the City Clerk be and he is hereby ordered and directed to publish notice as is by law required. Passed, approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 13th day of Sep- tember, 1976. Leo F. Frommelt City Clerk 89113 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. RESOLUTION NO. 316-70 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published in the City of Dubuque. Iowa, on August 19, 1976, the City 440 Regular Session, September 7, 1976 Council of the City of Dubuque, Iowa met on the 7th day of September, 1976, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider proposal to dispose of interest of the City of Dubuque. Iowa in real estate, hereinafter described to Dubuque Packing Company; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Packing Company: NOW THEREFORE BE 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 the following described real estate, to wit: Lot 1 "A" of Block 5 "Dubuque Packing Company Addition" in the City of Dubuque, Iowa, (formerly known as Hickory Street) TO DUBUQUE PACKING COMPANY be and the same is hereby approved for the total purchase price of $500.00 and payment of costs of publication, and other good and valuable consideration subject to the following terms and conditions: 1. City of Dubuque, Iowa retains any and all easements for utilities in and to said street, together with the right of ingress and egress for the purpose of repair and maintenance of said utilities, including, but not limited to, water, storm sewer and sanitary sewer. 2. The above described real estate is within the affected area of the Proposed Freeway and in the event that the City of Dubuque. Iowa, con- structs said Freeway the Dubuque Packing Company shall grant to the City of Dubuque, Iowa, the necessary rights and interest in and to said Property for the purpose of erection and construction of said Freeway. Grantee understands, and does herewith so acknowledge, that part of the conveyed premises may be needed by Grantor at sometime in the future for the erection and construction and maintenance of a Freeway and to that end Grantor reserves the absolute right, in the exercise of sound engin- eering principles, to locate on such needed pan of the conveyed premises such Freeway, and in the event that such Freeway shall be constructed above ground level, then in such event. Grantor shall have the absolute right to locate on the part of the conveyed premises such piers or columns as shall be necessary to sup- port such Freeway, and Grantor shall not be required to compensate Gran. tee in any way by reason of the loca. tion of such Freeway or piers or columns supporting same. Grantee convenants and agrees that upon written notice from Grantor, it will promptly remove any improvements made by Grantee upon the conveyed premises that would obstruct or im- pede or interfere with the location of such Freeway or any piers or columns supporting same. The Grantor shall have, and does hereby reserve, and Grantee does hereby grant, a perpe- tual right, easement and right of entry to Grantor for the purposes of instal. lation, maintenance and repair of same. 3. Premises herein conveyed are sub- ject to existing easements for storm sewer, sanitary sewer and easement for utilities, including, but not limited to water, which Grantee agrees and covenants not to inte•fere with or encroach upon. 4. That the sale price shall be in the sum of Five Hundred ($500.00) Dol- lars, that the buyer shall pay publica- tion costs and that no abstract of title shall be furnished and conveyance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Dubuque Packing Company upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. Proof of Publication, certified to by Regular Session, September 7, 1976 4.41 the Publisher, of Notice of Vacation and Sale of Lot 300A (Part of Maple Street). Lot 3008 (Part of E. 17th Street), Lot 3WC (Part of E. 18th Street), all in East Dubuque No. 2, 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 Stackis moved that the proof of publication be received and filed. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. ORDINANCE NO. 43-76 AN ORDINANCE VACATING LOT 300A IN EAST DUBUQUE NO. 2 (FORMERLY A PART OF MAPLE STREET, LOT 3000 IN EAST DUBUQUE NO. 2 (FORMERLY A PART OF EAST SEVENTEENTH STREET), AND LOT 300C IN EAST DUBUQUE NO. 2 (FORMERLY A PART OF EAST EIGHTEENTH STREET) ALL IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of August 16, 1976, presented for final adoption. ORDINANCE NO. 43-76 AN ORDINANCE VACATING LOT 300 A IN EAST DUBUQUE NO. 2 (FOR- MERLY A PART OF MAPLE STREET, LOT 300 B IN EAST DUBUQUE NO. 2 FORMERLY A PART OF EAST SEVEN- TEENTH STREET), AND LOT 300 C IN EAST DUBUQUE NO. 2 (FORMERLY A PART OF EAST EIGHTEENTH STREET) ALL IN THE CITY OF DUBUQUE, IOWA WHEREAS, Lot 300 A in East Dubuque No. 2 (formerly a part of Ma - pie Street), Lot 300 B in East Dubuque No. 2 (formerly a part of East Seven- teenth Street) and Lot 300 C in East Dubuque No. 2 (formerly a part of East Eighteenth Street) all in the City of Dubuque, lowu is no longer needed for street purposes, and Dubuque Packing Company has petitioned for the acqui- sition of said lots; and WHEREAS, Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vacation of said described real estate; and WHEREAS, the City Council of the City of Dubuque, Iowa deems it in the best public interest that said above de- scribed real estate be vacated subject to the conditions and provisions herein- after set forth and that disposal thereof to Dubuque Packing Company be approved: NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the vacation of Lot 300 A in East Dubuque No. 2 (formerly a part of Maple Street), Lot 300 B in East Dubuque No. 2 (formerly a part of East Seventeenth Street) and Lot 300 C in East Dubuque No. 2 (formerly a part of East Eighteenth Street) all in the City of Dubuque, Iowa be and the same is her- eby approved. Section 2. That the disposal of inter- est of the City of Dubuque, Iowa in and to said Lot 300 A in East Dubuque No. 2 (formerly a part of Maple Street), Lot 300 B in East Dubuque No. 2 (formerly a part of East Seventeenth Street)and Lot 300 C in East Dubuque No. 2 (formerly a part of East Eighteenth Street) all in the City of Dubuque, Iowa be disposed of to Dubuque Packing Company subject to and on the following conditions, be and the same is hereby approved: 1. City of Dubuque, Iowa retains any and all easements for utilities in and to said streets together with the right of ingress and egress for the purpose of repair and maintenance of said utilities, including, but not limited to, water, storm sewer and sanitary sewer. 2. The above described real estate is within the affected area of the proposed freeway and in the event that the City of Dubuque, Iowa con- structs said freeway the Dubuque Packing Company shall grant to the City of Dubuque. Iowa, the necessary rights and interest in and to said property for the purpose of erection and construction of said freeway. Grantee understands and does hereby so acknowledge, that part of the con- veyed premises may be needed by Grantor at sometime in the future for the erection and construction and maintenance of a Freeway and to that end Granto reserves the absolute right, in the exercise of sound engin- eering principles, to locate on such needed part of the conveyed premises such Freeway, and in the event that such Freeway shall be constructed above ground level, then in such event, Grantor shall have the absolute right to locate on the part of the conveyed premises such piers or columns as shall be necessary to sup- port such Freeway. and Grantor shall not be required to compensate Gran- tee in any way by reason of the loca- tion of such Freeway or piers or columns supporting same. Grantee covenants and agrees that upon writ- ten notice from Grantor, it will 442 Regular Session, September 7, 1976 promptly remove any improvements made by Grantee upon the conveyed premises that would obstruct or im- pede or interfere with the location of such Freeway orany piers or columns supporting same. The Grantor shall have, and does hereby reserve, and Grantee does hereby grant, a perpe- tual right, easement and right of entry to Grantor for the purposes of instal- lation, maintenance and repair of some. 3.Premises herein conveyed are subject to existing easements for storm sewer. sanitary sewer and ea- sement for utilities, including, but not limited to, water, which Grantee agrees and covenants not to interfere with or encroach upon. (.That the sale price shall be in the sum of Seven Hundred Fifty ($750.170) Dollars and that the buyer shall pay publication cost and that no abstract of title shall be furnished by sellerand conveyance shall be by Quit Claim Deed Section 3. That the City Clerk be and he is hereby ordered and directed to publish notice as is by law required. Passed, approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 13th day of Sep- tember 1976. Leo F. Frommelt City Clerk lt9/13 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. RESOLUTION NO. 317-76 WHEREAS, pursuant to Resolution and published notice of time and place of heating, published in the Telegraph - Herald, a newspaper of general circula- tion published in the City of Dubuque. Iowa, on August 19, 1976, the City Council of the City of Dubuque. Iowa met on the 7th day of September, 1976, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider Proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described to Dubuque Packing Company; and WHEREAS, City Council of City of Dubuque. Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Packing Company: NOW THEREFORE BE 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 the following described real estate, to wit: Lot 300A in East Dubuque No. 2 (formerly a part of Maple Street). Lot 300B in East Dubuque No. 2 (formerly a part of East Seven- teenth Street) and Lot 30DC in East Dubuque No. 2 (formerly a part of East Eighteenth Street) all in the City of Dubuque, Iowa. to DUBUQUE PACKING COMPANY be and the same is hereby approved for the total purchase price of $750.00 and payment of costs of publication, and other good and valuable consideration subject to the following terms and conditions: I City of Dubuque, Iowa retains any and all easements for utilities in and to said streets together with the right of ingress and egress for the purpose of repair and maintenance of said utilities, including, but not limited to, water, storm sewer and sanitary sewer. 2 The above described real estate is within the affected area of the proposed Freeway and in the event that the City of Dubuque, Iowa con- structs said Freeway the Dubuque Packing Company shall grant to the City of Dubuque, Iowa the necessary rights and interest in and to said property for the purpose of erection and for the purpose of erection and construction of said Freeway. Gran- tee understands, and does hereby so acknowledge, that part of the con- veyed premises may be needed by Grantor at sometime in the future for the erection and construction and maintenance of a Freeway and to that end Grantor reserves the absolute right, in the exercise of sound engin. eering principles, to locate on such needed part of the conveyed premises such Freeway, and in the event that such Freeway shall be constructed above ground level, then in such event. Grantor shall have the absolute right to locate on the part of the Regular Session, September 7, 1976 443 conveyed premises such piers or columns as shall be necessary to sup- port such Freeway, and Grantor shall not be required to compensate Gran- tee in any way by reason of the loca- tion of such Freeway or piers or columns supporting same. Grantee covenants and agrees that upon writ- ten notice from Grantor, it will promptly remove any improvements made by Grantee upon the conveyed premises that would obstruct or im. pede or interfere with the location of such Freeway or any piers or columns supporting same. The Grantor shall have, and does hereby reserve, and Grantee does hereby grant, a perpe- tual right, easement and right of entry to Grantor for the purposes of instal- lation, maintenance and repair of same. 3. Premises herein conveyed are sub- ject to existing easements for storm sewer, sanitary sewer and easement for utilities, including, but not limited to, water, which Grantee agrees and covenants not to interfere with or encroach upon. 4. That the sale price shall be in the sum of Seven Hundred Fifty ($750.00) Dollars and that the buyer shall pay publication costs and that no abstract of title shall be furnished by seller and conveyance shall be by Quit Claim Deed. S"don 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Dubuque Packing Company upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved, and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Nays — None. Abstain — Councilman Wertzberger. Absent — Councilman Tully. August 19, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on an amendment to Zoning Ordinance No. 32.75 which proposes to repeal Section 6-106.3 and enact a new Section 6-106.3 to include a requirement that the Board of Adjustment post property and send certified mail no- tification to abutting property owners in matters pertaining to issuance of a Conditional Use Permit. The Commission has found the amendment to be appropriate and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed and recommendation approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa' by repealing Section 6-106.3 of Article VI thereof and enacting a new Section 6-106.3 of Article VI in lieu thereof, to include the posting of property and notice to abutting property owners on matters subject to the issuance of a Conditional Use Permit, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Councilman 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 Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Councilman Stackis moved that a public hearing be held on the Ordinance on October 4, 1976, at 7:30 o'clock P.M. 444 Regular Session, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish required byhlawearing in Secondedthe by manner req Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 1, 1976 To the Honorable Mayor and City Council Attached is an ordinance regulating the disposal of sewage and waste into the public sewers in the City of Dubuque; regulating the construction of septic tanks and other private sewage disposal systems and providing penal- ties for violation of the ordinance. The new ordinance will be an updat- ing of ordinance No. 35, Ordinance No. 38.55, and Ordinance No. 39.57. ordin- ance No. 35 was adopted prior to 1919 and was an ordinance requiring the making of connections to sanitary sewers when those facilities became available. This ordinance stated that every resident located within 200 feet of the sewer, after receiving notice from the Board of Health, must make con- nection to the public sewer thirty (30) days after receiving such notice. Ordin- ance No. 38-55 covered the construction of septic tanks and other private sewage disposal systems. Ordinance No. 39.57 provided for the regulation for disposal of sewage and wastes into public sewers of the City of Dubuque and any penal- ties that would be related to the viola- tion of the ordinance. The proposed ordinance submitted to the City Council incorporates the fea- tures of all three ordinances. The ordin- ance does stipulate that when a public sewer becomes available, and the build- ing sewer is within 200 feet of the public sewer, that the owner is given sixty (60) days to make connection to the public sewer. The new ordinance also makes Provisions for the installation and in- spection of septic tanks and treatment facilities, The ordinance provides for the regulation of the types of material that can be discharged into the public sewer. The new ordinance will be. in com- pliance with EPA regulations. As a con- dition of the Federal Grant for the con- struction of the Wastewater Treatment Facility, and associated trunk lines, Pump and pipe systems. EPA has requested that we upgrade our sewage usage ordinance. The new ordinance does incorporate Provisions of the amended ordinances 7, 1976 and does place more rigid restrictions on the type of sewage permitted to be dis- charged into the City's sanitary sewer system. Your adoption of the new ordinance is requested. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. ORDINANCE NO. 44-76 AN ORDINANCE REGULATING THE DISPOSAL OF SEWAGE AND WASTES INTO PUBLIC SEWERS OF THE CITY OF DUBUQUE, REGULATING THE CONSTRUCTION OF SEPTIC TANKS AND OTHER PRIVATE SEWAGE DIS- POSAL SYSTEMS, PROVIDING PEN- ALTIES FOR THE VIOLATION THER- EOF, AND PROVIDING FOR THE REPEAL OF ORDINANCES NUMBERS 38-55 AND 39-57, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Councilman 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 Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tullv. ORDINANCE NO. 44-76 AN ORDINANCE REGULATING THE DISPOSAL OF SEWAGE AND WASTES INTO PUBLIC SEWERS OF THE CITY OF DUBUQUE, REGULAT- ING THE CONSTRUCTION OF SEPTIC TANKS AND OTHER PRIVATE SEWAGE DISPOSAL SYSTEMS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND PROVID- ING FOR THE REPEAL OF ORDIN- ANCES NUMBERS 38-55 AND 39-57. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT ARTICLE I Unless the context specifically in Regular Session, September 7, 1976 445 dicates otherwise, the meaning of terms used in this ordinance shall be as follows: Section 1. "BOD" (denoting Bio- chemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20"C. expressed in milli- grams per liter. Section 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the build- ing wall. Section 3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. Section 4. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. Section 5. "Garbage" shall mean solid wastes from the domestic and commer- cial preparation, cooking, and dispens- ing of food and from the handling, stor- age, and sale of produce. Section 6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade or busi- ness as distinct from sanitary sewage. Section 7. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of sur- face or ground water. Section 8. "Person" shall mean any individual, firm, company, association, society, corporation or group. Section 9. "pH" Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Section 10. "Properly Shredded Gar- bage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions nor- mally prevailing in public sewers, with no particle greater than one -half (44) inch in any direction. Section 11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. Section 12. "Sanitary Sewer" shall mean u sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Section 13. "Sewage" shall mean a combination of the water -carried wastes from residences, business build. ings, institutions, and industrial estab- lishments, together with such ground, surface, and storm waters as may be presented. Section 14. "Waste Water- Treatment Facility" shall mean any arrangement of devices and structures used for treat- ing sewage. Section 1S. "Sewage Works" shall mean all Facilities for collecting, pump. ing, treating, and disposing of sewage. Section 16. "Sewer" shall mean a pipe or conduit for carrying sewage. Section 17. "Shall" is mandatory; "May" is permissive. Section 18. "Slug" shall mean any discharge of water, sewage, or indus- trial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty- four (24) hour concentration or flows during normal operation. Section 19. "Storm Drain" shall mean a sewer which carries storm and surface waters and drainage, but ex- cludes sewage and industrial wastes, other than unpolluted cooling water. Section 20. "City Manager" shall mean the City Manager or his designee of the City of Dubuque, Iowa. Section 21. "Suspended Solids" shall mean solids that either flout on the surface of, or ure in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Section 22. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. Section 23. "Contributor" refers to any person, firm or corporation respon- sible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the City's sewer system. ARTICLE 11 Section 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Dubuque, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste, except in accor- dance with the provisions of this Ordinance. Section 2. It shall be unlawful to discharge to any natural outlet within the City of Dubuque, or in any area under the jurisdiction of suid city, uny sewage or other polluted waters, except where suitable treatment has been 448 Regular Session, September 7, 1976 ped in accordance with subsequent pons of this Ordinance. Section 3. It shall he unlawful to intended or used for the disposal of sewage, except in accordance with the provisions of this Ordinance. Seellon 4. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, nght-of•way or easement in which there is now located or may in the future be located within 200 feet of the property line thereof, a public sanitary sewer of the City, is hereby required at his ex- pense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of the City of Dubuque. Ordionriee No. 48-70 requiring the making of connections with sanitary sewers and providing for the manner of making such connections. ARTICLE III Section t. Where a public sanitary sewer is not available under the provi- sions of Article 11. Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Ordinance. Scalar 2. Before commencement of construction of a private sewage dispo- sal system the owner shall first obtain a written permit signed by the City Man- ager. The application for such permit shall be made on a form furnished by the City, and in addition shall include the following items: a. Plan detailing the location and de- sign of the septic tank and secondary treatment system. b. The location of any wells or water distribution system within 200 feet of the premises. c. The person who will do the work. d. Percolation tests and an engineering evaluation of the soil conditions by a registered Professional Engineer in the State of Iowa. e. Other information as deemed neces- sary by the City Manager. The permit form shall state that the issuance of said installation permit is conditioned upon the applicant comply- ing with all provisions of Article III and specifically with Section 7 which states as follows: "When a public sewer becomes uvailu ble, the building sewer shall he connected to suid sewer within six- ty (60) days from date of written notification by the City Manager and the private disposal system abandoned in accordance with Section R of Article III of this Ordinance." A permit and inspection fee of thirty ($30) dollars shall be paid to the City at the time the application is sled. Section 3. If the City Manager, after an inspection of the premises and plans, shall find: a. That the location and design is in accordance with the regulations of the Iowa State Department of Envir- onmental Quality. Iowa State Department of Health and the City of Dubuque Health Department; h. That the disposal system is adequate for the premises to be served: c. That it is not likely to create a nuisance to abutting property: and d That there is no public sewer within 200 feet of the premises, he shall issue a permit, therefore, and advise the Plumbing Inspector. This permit fora private sewage disposal system shall not become effective until the instal- lation is completed to the satisfaction of the City Manager. He shall be al- lowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City Manager when the worse is ready for final inspection. and before any underground portions are covered. The inspection shall be made within 24 hours, exclusive of Saturdays, Sundays and holidays, of the receipt of notice by the City Manager. Section 4. Notwithstanding the provisions of this Ordinance no such disposal system shall be connected to any house drainage system except in accordance with the provisions of the ordinances regulating plumbing. Section S. The type, capacities, loco - tion, and layout of a private with rill disposal system shall comply requirements of the Iowa State Depart- ment of Environmental Quality, the Iowa State Department of Health and the City of Dubuque Health Deport- ment. No permit shall be issued for any private sewage disposal system em- ploying subsurface soil absorption facilities where the area of the lot is less than 15,000 square feel. Noittedseptic to tank or cesspool shall be pe is - (.hurt (. to uny natural outlet. Section 6. The owner shall operate and maintain the private sewage dispo- sul facilities in a sanitary manner at all times. at no expense to the city. Section 7. When a public sewer Regular Session, September 7, 1976 447 becomes available, the building sewer shall be connected to said sewer within sixty (60) days from date of written notification by the City Manager and the private disposal system abandoned in accordance with Section 8 of Article III of this Ordinance. Section 8. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article 111, Sec- tion 3, a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned in accordance with instructions from the City Manager. Section 8. No statement contained in this article shall be construed to inter- fere with any additional requirements that may be imposed by the City of Dubuque Health Department. Section 10. The City Manager shall have the right during reasonable hours and upon the consent of the occupant to enter any building or permises in the discharge of his official duties to make any inspection, reinspection, or test, that is reasonably necessary to protect health, safety and welfare. Where the building or premises is unoccupied the consent of the owner shall be obtained. Section 11. If the City Manager has reasonable cause to believe that any individual sewage disposal system con- stitutes an extereme hazard to persons or property, he shall have the right to enter immediately and inspect such sewage disposal system and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied, and whether or not per- mission to inspect has been obtained. Section 12. In the event the City Manager, in proceeding to enter any premises for the purpose of making an inspection to carry out the provisions of this regulation shall be refused entry, a complaint may be made under oath to any court of competent jurisdiction and said court shall thereupon issue its order authorizing the City Manager to enter such place for the purpose of making such inspection. Section 13. Whenever the City Man• ager determines that there are reason- albe grounds to believe that there has been a violation of any provision of this regulation or any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall: a. Be in writing. b. Include a statement of the reasons why it is being issued, citing the provisions of the regulation involved. c. Allow 10 days for the performance of any act it requires. d. Be served upon the owner or his agent or the occupant, as the case may require; provided that such no- tice shall be deemed properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the premises affect- ed by the notice; or if he is served with such notice by any other method authorized under the laws of the State of Iowa. e. State that unless a condition de- scribed is corrected within the time specified therein, any permit issued under this regulation may be su- spended, revoked, or court action initiated. Section 14. Any person aggrieved by any order made by the City Manager shall the right to appeal to the Dubuque City Council by filing a written notice of such appeal with the Dubuque City Council within ten ()0) days of the date of such order. If such a notice is filed, the Dubuque City Council shall set a time and place for a hearing, and notify the party that has filed the appeal. The notice of the hearing shall be sent by certified mail. The Dubuque City Council, by majority vote, shall modify, withdraw, or order compliance with said order. The aggrieved party may appeal any order of the Dubuque City Council to the District Court of Dubuque County, Iowa, within twenty (20) days of the date of such order. ARTICLE IV Section 1. The construction of and the connection of the building sewer to and into the public sewer shall conform to the requirements of the plumbing ordinances or other applicable rules and regulations of the city. Section 2. All costs and expense in- cident to the installation and connection of the building sewer shall be borne by the owner. The owner shall idemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. ARTICLE V Section 1. No person shall discharge or cause to be discharged any storm- 448 ar Session, September 7, 1976 water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, floor drains used for collecting storm water, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. gectlan 2. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically desig- nated as storm sewers. or to a natural outlet approved by the City Manager. industrial cooling water or unpolluted process waters may be discharged, on approval of the City Manager to a storm seweror natural outlet. 89ctia+ 3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: a. Any gasoline, benzene, naphthu. fuel oil, or other flammable or explo- sive liquid, solid, or gas. b. Any waters or wastes containing toxic or poisonous solids, liquids. gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any waste water treatment process, con- stitute a hazard to humans or an. imals, create a public nuisance, or create any hazard in the receiving waters of the Waste Water Treat- ment Facility, including but not limit- ed to cyanides in excess of two (2) mg/l as CN in the wastes as dis- charged to the public sewer. c. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. d. Solid or viscous substances in quan- tities or of such size capable of caus- ing obstruction to the flow in sewers. or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders. sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes. cups, milk containers, etc. either whole orground by garbage grinders. e. Any waters or wastes having BOD greater than 300 parts per million b) weight, or (2) containing more than 350 parts per million by weight 01 suspended solids, or (3) having or average daily flow greater than Percent of the average influent at thi Waste Water Treatment Facility Shall be subject to the review of th City Manager. Where necessary in the opinion of the City Manager, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the bio- chemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per mil- lion by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertin- ent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Manager and no construction of such facilities shall be commenced until said approvals are obtained in writing. Sec*in 4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the City Manager that such wastes can harm either the sewers, waste water treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. in forming his opinion as to the acceptability of these wastes, the City Manager will give cor sideration to such factors as the quanti- ties of subject wastes in relation to f low$ and velocities in the sewers, materials of construction of the sewers, nature of the waste water treatment process, capaci- ty of the Waste Water Treatment Facility. and other pertinent factors. The substances prohibited are: a. Any liquid or vapor having a tem- perature higher than one hundred fifty (150)° F (65°C) b. Any water or waste containing fats, wax, grease, or oils, whether emul- sified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two 5 Ftwo (32) and one hundred fifty ( )* and 65'C). c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three- fourths (ti) horsepower (0.76 hp me- tric) or greater shall subject to the review and app Manager. d. Any waters or wastes containing strong acid iron pickling wastes. or concentrated plating ons whether neutralized or not. e. Any waters for wasf es containing tan e: a toxic or Po Session, September 7, 1976 449 wastes exceeding an excessive chlor- ine requirement to such degree that any such material received in the composite sewage at the waste water treatment works exceeds the limits established by the City Manager for such toxic substances shall be limited to the following average quantities in the sewage as it arrives at the treat- ment plant and at no time shall the hourly concentration at the Waste Water Treatment Facility exceed three (3) times the average concentration. Iron as Fe 15 mg/ 1 Chromium as Cr (hexavalent) 5 mg/ 1 Copper as Cu 3 mg/1 Zinc as Zn 2 mg/ 1 Chlorine Demand 30 mg/ 1 f. Any waters or wastes containing phenols or other taste -or odor producing substances, in such con- centrations exceeding the limit of 0.05 mg/1 established by the City Man- ager as necessary after treatment of the composite sewage to meet the requirements of the State, Federal or other public agencies or jurisdiction for such discharge to the receiving waters. g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Manager in compliance with ap- plicable State or Federal regulations. h. Any waters or wastes having a pH in excess of 10.0 i. Materials which exert or cause: 1. Unusual concentrations of inert su- spended solids (such as, but not limit- ed to Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). 2. Excessive discoloration (such as, but not limited to, dye wastes and vege- table tanning solutions). 3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the Waste Water Treatment Facilities. 4. Unusual volume of flow or concen- tration of wastes constituting "slugs" as defined herein. j. Waters or wastes containing sub- stances which are not amenable to treatment or reduction by the waste water treatment processes employed, or are amendable to treatment only to such degree that the Waste Water Treatment facility effluent cannot meet the requirements or other agen- cies having jurisdiction over dis- charge to the receiving waters. Section 5. If any waters or wastes are discharged, or are proposed to be dis- charged to the public sewers, which waters contain the substances or po. sesses the characteristics enumerated in Section 4 of this Article, and which in the judgment of the City Manager, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Manager may: a. Reject the wastes, b. Require pretreatment to an accep- table condition for discharge to the public sewers, c. Require control over the quantities and rates of discharge, and/or d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. If the City Manager permits the pre- treatment or equalization of waste flows. the design and installation of the plants and equipment shall be subject to the review and approval of the City Manager and subject to the requir- ements of all applicable codes, ordin- ances and laws. Section 6. Where preliminary treat- ment or flow -equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Section 7. When required by the City Manager, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters, sampling equipment, and other appurtenances in the building sewer to facilitate observation, sam- pling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City Manager. The manhole shall be installed by the owner at his own expense, and shall be main- tained by him so as to be safe and accessible at all times. Section tt. All measurements, tests. and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be deter. mined in accordance with the latest edition of "Standard Methods for the Examination of Water and Waste Water," published by the American Public Health Association and shall be determined at the control manhole provided, or upon suitable samples ta- ken at said control manhole. In the 450 Regular Session, manhole shall be considered to be the nearest down- stream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the 9ewage works and to determine the existence of hazards to life, limb and party. Section 9. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an indus- trial waste of unusual strength or char- acter may be accepted by the city for treatment, subject to payment ther- efore, by the industrial concern. ARTICLE VI Section 1. No person shall malicious- ly, willfully, or negligently break, damage, destroy. uncover, deface, or tamper with any structure, appurten- ance, or equipment which is a part of the sewage works. ARTICLE VII Section 1. The City Manager and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of in- spection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The City Manager or his representatives shall have no authority to inquire into any processed including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point or other industries beyond that point hav- ing a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Section 2. While performing the necessary work on private properties referred to in Article V11, Section I above, the City Manager or duly auth- orized employees of the city shall ob- serve all safety rules applicable to the Premises established by the company. Section 3. The City Manager and other duly authorized employees of the city bearing proper credentials and in- dentification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and vt work, if any, on said ea- ber 7, 1976 sement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. ARTICLE Vlll Section 1. Any person found to be violating any provision of this Ordin- ance except Article VI shall be served by the City with written notice stating the nature of the violation and providing a ten (JO) day limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice. permanently ceaseall violations. Section 2. Any person who shall con- tinue any violation beyond the time limit provided for in Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding $100.00 for each violation or be imprisoned for not more than thirty (30) days. Each day in which any such violation shall continue shall be deemed a separate offense. Section 3. Any person violating any of the provisions of this Ordinance shall become liable to the city for any ex- pense, loss, or damage occasioned the city by reason of such violation. ARTICLE IX Section 1. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid, or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof Section 2. Ordinance No. 3ti-55 and Ordinance No. 39-57 and all Ordinances or parts of Ordinances or Resolutions in conflict with the provisions of this Or- dinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect ten days from and after its final passage, adopted and publication as by law provided. Passed, adopted and approved this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stachis Councilmen ATTEST: Leo F. Frommelt City Clerk Published offpaper this J4th dayially in the legraph of Sep- Nerald Newspaper tember 1976. 1,eo F. Frornmelt City Clerk H9114 Session, September 7, 1976 451 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Dubuque Sertoma Club requesting permission to sell light bulbs in the Downtown Area on September 24th and from door to door September 25th, and requesting the Mayor to pro- claim September 25th as "Light the Way for Retarded and Handicapped Chil- dren's Day", presented and read. Coun- cilman Wertzberger moved that the petition be received and filed, request be approved subject to final approval of Manager, and the day so proclaimed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petitions of Lynn & Mary Beauchamp and Florence & Elmer Bonnet request- ing the erection of "No Parking Sign" in the alley to the rear of 1020 and 1010 Althauser due to failure of agreement relative to parking in the area, present- ed and read. Councilman Stackis moved that the petitions be received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petitions of Dock Board requesting a work session to discuss progress in cleaning of the Ice Harbor, also requesting a joint Council -Dock Meet- ing to discuss the development of Area "C", presented and read. Councilman Stackis moved that the petitions be received and filed and work session be held on September 9, 1976, at 8:00 o'clock P.M. in the Council Chambers at City Hall. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Women's Recreation Ass'n. Inc. requesting a refund of $225.00 on unexpired portion of Class "B" Beer Permit No. B-6487, discontin- ued business on September 1, 1976, pre- sented and read. Councilman Stackis 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 Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tullv. Petition of Coletta A. Oven requesting a refund of $75. on the unexpired por- tion of Cigarette License No. 997, dis- continued business on August 31, 1976, presented and read. Councilman Stackis 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 Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tull_v. Petition of Dubuque Sports Unlimited requesting a refund of $150. on the un- expired portion of Class "B" Beer Permit No. B-5042, discontinued business on August 31, 1976, presented and read Councilman Stackis 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 Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of David A. Parochetti requesting refund in the amount of $211.25 on the unexpired portion of Liquor License No. C-5872, presented and read. Councilman Stackis moved that the refund be granted and City Auditor directed to issue proper war- rant. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Kiwanis Club requesting permission to conduct a Kid's Day Peanut Sale on September 24, 1976, presented and read. Councilman Stackis moved that the request be granted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Thomas 3, Klock request- ing permission to excavate at 256 Prin- ceton Place, presented and read. Coun- cilman Stackis moved that the request be granted. Seconded by Councilman 452 Regular Session, September 7, 1976 Wertzberger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady. Stackis, Wertzberger. Nays — None Absent lman Tullv RESOLUTION NO. 318.76 Resolution requiring Abutting Property Owners to make sewer and water and gas connections. providing gas connections are available as wanted at time of street Construction. WHEREAS, the City Council has heretofore adopted Resolution No 273-76, being the Resolution c. Neces- sity for Permanently Improving English Lane. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improvement are hereby required to make connec- tions from the sewer, water and gas mains to the curb line of said property prior to September 14, 1976. Section 2. That the City Clerk is her- eby authorized and directed to serve a written notice con such abutting property owners in accordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this resolution, then the City Manager shall proceed to have said connection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 7th day of September, 1976, Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council man Wertzberger. Carried by the fol lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Wertzberger. Nays — None. It — Councilman 'fully. Proof of Publication, certified to by the Publisher, of Notice of Receipt of Bids for Construction of Asphalt Paving Project No. 2 English Lane from Mt. Loretta to Sullivan Street, presented and read Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas — Mayor t.undh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tuliv. September 2, 1976 To the Honorable Ma_vor and City Council Pursuant to your instructions, sealed bids were received until 10:00 a.m., Thursday, September 2, 1976 for the City of Dubuque 1976 Asphalt Paving Project No. 2. The low bidder was Tri- State Paving Company, Division of Dubuque Stone Products. It was 26.9% below the Engineer's Estimate. I recommend that the contract for the improvement be awarded to the Tri- state Paving Company, Division of Dubuque Stone Products. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. (Awarding Contract) RESOLUTION NO. 319-76 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1976 Asphalt Paving Project No 2 pursuant to Resolution No. 3W-76 and notice to bidders pub- lished in a newspaper published in said City on August 20, 1976 and August 27, 1976; and WHEREAS, said sealed proposals where opened and read on September 2, 1976, and it has been determined that the bid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque in the amount of $32,933.50 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 therefore, HE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Tri-State Paving Company, Division of Dubuque Regular Session, September 7, 1976 453 Stone Products 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 instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors for receipt of proposals for Construction of West 32nd Street Sanitary Sewer from Carter Rd. to J.F.K. Road, pre- sented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. September 1, 1976 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., Wednesday, September 1, 1976 for the sanitary sewer in West 32nd Street from Carter Road, westerly to the John F. Kennedy Road. The lowest bid was entered by Tri- State Paving Company, of Dubuque, Iowa. Their bid was 13% below the En- gineer's Estimate. I recommend that the contract for the improvement be awarded to the Tri. State Paving Company, Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. (Awarding Contract) RESOLUTION NO. 320-76 WHEREAS, sealed proposals have been submitted by contractors for the West 32nd Street Sanitary Sewer, from Carter Road westerly to John F. Ken. nedy Road pursuant to Resolution No. 286-76 and notice to bidders published in a newspaper published in said City on August 16, 1976 and August 23, 1976; and WHEREAS, said sealed proposals were opened and read on September 1, 1976, and it has been determined that the bid of Tri-State Paving Co., of Dubuque, Iowa in the amount of $165,954.49 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 therefore. BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Tri-State Paving Co. and the Manager be and he is hereby directed to execute a contract 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 and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. - 76 Dubuque Metropolitan Area Solid Waste Agency WHEREAS, the Dubuque Metropoli- tan Area Solid Waste Agency has been 454 Regular Session, September 7, 1976 negotiating with the City of Dubuque. Iowa for the physical operation of the Sanitay Landfill; and WHEREAS, the Dubuque Metropoli- tan Area Solid Waste Agency and the City of Dubuque have agreed to the general terms of a written agreement governing the operation and conduct of the Agency of the landfill and that a copy of said Agreement is hereto at- tached and by reference made a part hereof; and that said Agreement is her- eby approved by the Agency and should be executed for and on behalf of the Agency. NOW THEREFORE BE IT RE- SOLVED by the Dubuque Metropolitan Area Solid Waste Agency Board: Section 1. That the terms of the written agreement by and between Dubuque Metropolitan Area Solid Waste Agency and the City of Dubuque, Iowa concerning the opera- tion of the Sanitary Landfill be and the same is hereby approved. Section 2. That the Chairman and the Secretary of the Agency be and they are hereby authorized and directed to ex- ecute said Agreement for and on behalf of the Agencv. Section 3. That the Secretary of the Agency be and he is hereby directed to transmit copy of this Resolution together with the contract documents for execution by the City of Dubuque, Iowa. Passed, approved and adopted this 30th day of August, 1976. Emil Stackis Chairman James E. Brady Donald C. Meyer ATTEST Donald C. Meyer Agency Secretary Councilman Stackis moved that the resolution be received and filed and be made a matter of record. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. August 31, 1976 To the Honorable Mayor and City Council The City of Dubuque and the Dubuque Metropolitan Area Solid Waste Agency have formulated an agreement for the operation of the new landfill. Provisions of the agreement provide that the City will administer, operate and maintain the landfill facili. ty. The Agency will reimburse the City for all related costs of payroll, supplies and services. The term of the agreement is for five (5) ,years with an option to renew for three (3) years by mutual consent. This agreement has been adopted by the Dubuque Metropolitan Area Solid Waste Agency. Attached is a resolution accepting the agreement on the part of the City and authorizing and directing the Mavor to execute such agreement. Your adoption of this resolution is requested. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tull}. RESOLUTION NO. 321-76 Operating Agreement between the Dubuque Metropolitan Area Solid Waste Agency and the City of Dubuque. WHEREAS, the Dubuque Metropoli- tan Area Solid Waste Agency has been negotiating with the City of Dubuque, Iowa for the physical operation of the Sanitary Landfill; and WHEREAS, the Dubuque Metropoli- tan Area Solid Waste Agency and the City of Dubuque have agreed to the general terms of a written agreement governing the operation and conduct of the Agency of the landfill and that a copy of said Agreement is hereto at- tached and by reference made a part hereof; and that said Agreement has been approved and executed by the Agency and is hereby approved by the City and should be executed for and on behalf of the City. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the terms of the written Agreement by and between the City of Dubuque: and the Dubuque Me- tropolitan Area Solid Waste Agency concerning the operation of the Dubuque Sanitary Landfill be and the same is hereby approved. Section 2. That the Mayor be auth- orized and directed to execute said Agreement by and on behalf of the City of Dubuque. Passed, approved and adopted this Regular Session, September 7, 1976 455 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt Agreement between the Dubuque Metropolitan Area Solid Waste Agency and the City of Dubuque, Iowa for the Administra- tion, Operation and Maintenance of xte Dubuque Sanitary Landfill This agreement is made and entered into by and between the Dubuque Me- tropolitan Area Solid Waste Agency (hereinafter called the "Agency") and the City of Dubuque, Iowa, an Iowa municipal corporation (hereinafter called the "City") on this 30th day of August, 1976. WITNESSETH: WHEREAS, the City of Dubuque and Dubuque Countv in Dubuque. Iowa under Chapter 28E of the Code of Iowa 1975, created the Dubuque Metropoli- tan Area Solid Waste Agency; and WHEREAS, the Dubuque Metropoli- tan Area Solid Waste Agency has been given the power and duty to establish the Dubuque Sanitary Landfill; and WHEREAS, the City of Dubuque has as part of their operations a landfill department that operates and main - tams the existing site and is capable of operating and maintaining the new Dubuque Sanitary Landfill; and WHEREAS, the existing site must be closed at the time the new Dubuque Sanitary Landfill is opened, at which time the operation could continue at the new site. Therefore it is now Stipulated and agreed as follows ARTICLE I SCOPE OF SERVICES Suction 1. ADMINISTRATIVE RESPONSIBILITIES A. SUPERVISION. The City will provide supervision of the disposal facility. It will provide the proper lines and grades for earth movement and operations. The City shall be respon. sible for any necessary, testing. The operations shall be in accord with conditions of permit no. 31 -SDP 2-75p and an operations manual approved by the Department of Environmental Quality and accepted by the City. B. COLLECTION OF' FEES. The City shall collect gate fees from all users of the site in accordance with the fee schedule adopted by the Agency. The City will make charge accounts available for users and will bill the same on a monthly basis. C. ACCOUNTING. The City shall es- tablish a separate bank account for the Agency and shall keep a record of the se-;eral funds required by the Agency. The City shall establish bud- getary accounting according to the usual City practice and shall report all receipts and expenditures on a monthly and annual basis. D. The City will maintain an inventory record of all equipment, parts, sup- plies and tools owned by the Agency, and verify annually with a physical inventory. Section 2. GENERAL OPERATION AND MAINTENANCE A. OPERATION. The City Shall oper- ate the landfill from 7:00 a.m. to 6:00 p.m., Monday through Saturday, ex- cept City holidays and periods of prohibitive weather conditions. The City will keep a daily record of: 1. Tonnage of refuse received by classification. 2. List of customers and related tonnage. 3. Number and type of vehicles. 4. Estimated amount of cover mater- ial used. 5. Analysts of samples from environ- mental monitoring site. 6. Report of hazardous material received or rejected and any prob- lems related to disposal of these materials. 7. The city will also report any unu- sual operating problems to the Agency. B MAINTENANCE AND REPAIR OF SANITARY LANDFILL. The City will keep the site and approaches clean. The City will maintain and repair the landfill equipment. The City's procedures for authorizing spending will be followed, except that in the case of repairs in excess of $5,000, the City shall first obtain Agency ap- proval. The Agency shall first ap- prove any building alteration, major equipment replacement and ground improvements. ARTICLE II COMPENSATION Section 1. AMOUNT OF PAYMENT The city shall be compensated for the wages and fringe benefits of persons directly employed in the landfill operation, any direct charges for supplies, materials, equipment and services, services rendered by other City departments and/or outside ser- 456 Regular Session, September 7, 1976 vice organizations. Section 2. METHOD OF PAYMENT At the end of each month. the City shall transfer monies from the Agen- cy fund to the City of Dubuque for all reimbursable costs expended by the City in the operation of the Solid Waste Agency. Article III GENERAL Section t. RIGHT OF WAY The agency shall furnish all land and right of way for its performance of the work under this contract. Section 2. PROTECTION OF PER- SONS AND PROPERTY The City will take all necessary and reasonable precaution to protect all persons and property in the work site, safely gaurd the Agency's property and abutting property from damage or loss resulting from the faithful performance of this contract. The City shall erect and maintain neces- sary safeguards for the protection of persons and vehicles within the work site, and shall post warning signs as required by Federal and State safety laws and codes. ARTICLE IV INSURANCE The City Shall Maintain for the period of this Agreement, the following insurance: 1. Workmen's Compensation includ- ing occupational disease and em- ployer's liability. 2. Public liability and property damage and automobile liability and property damage in the following amounts and limits: Public Liability Bodily Injury $500,000/Occurrence $500,000 Aggregate Property Damage $250,000/Occurrence $250,000 Aggregate Auto Liability Bodily Injury $250,000/Person $500,000/Occurrence Property Damage $100,000/Occurrence The Agency will provide the following insurance: 1. Claims for loss, damage or injury by fire with extended coverage endorsement. 2. Idemnity: The Agency assumes and agrees to pay the City for, and the Agency forever idemnifies the City against, and agrees to save the City harmless from, any and all loss, damage, injury, costs, expenses, liability, claims, settlements, jud- gements, decrees, and awards of every kind and notice whatsoever, including attorney's fees, costs, and disbursements, that may ever be claimed against the City, its agents, servants, employees, invitees, or con- tractors, by any persons, firm corpor. ation or other entity whatsoever on account of any actual or alledged injury or death of any person or per- sons whomsoever, or on account of any actual or alleged loss, damage or injury to any property whatsoever, however arising from or connected with or related to or growing out of, directly or indirectly, (a) the con- struction, existence, condition, main. tenance, repair, renewal, reconstruc- tion, extension, improvement, use, operation, removal or alteration of the Project, or any other project or facilities owned, operated or used by the Agency, (b) injury to or death of any agent, servant, employee or con- tractor of the City or loss, damage or injury to any property owned or used by any agent, servant, employee or contractor of the City while on or about the Project for any purpose however arising from or connected with or related to or growing out of, directly or indirectly, this Agreement, and/or (c) the non -observance by the Agency, its agents, servants, em- ployees, invitees or contractors of the provisions of any laws, statutes, or- dinances, resolutions, regulations or rules duly promulgated by any governmental entity which may be applicable, directly or indirectly, to the Project or any other Project or facilities owned, operated or used by the Agency, and/or (d) the nonob- servance by the Agency, its agents, servants, employees, invitees or con- tractors of any of the terms and con. ditions of this Agreement. Where appropriate, all insurance provided for by the Agency in this Agreement shall mean the Agency and the City as the insured as their interest may appear. ARTICLE V TERMINATION OF CONTRACT The term of this Agreement is for five (5) years from date of execution and may be extended (sixty days prior to termination) for three (3) years by mu- tual assent of the parties. The conditions of this Contract may be amended by mutual assent of the parties. ATTEST: By Leo F. Frommelt City Clerk CITY OF DUBUQUE, IOWA By Alvin E. Lundh Mayor Regular Session, September 7, 1976 457 DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY By Donald C. Meyer Secretary By Emil Stackis Chairman Councilman Stackis moved adoption of the resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol. lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. August 13, 1976 To the Honorable Mayor and City Council You indicated in your meeting Friday, August 13, your desire to discuss intent of Council to continue study on the solid waste recovery concept. Attached is a resolution that refers the recommendation of the City Council to the Dubuque Metropolitan Area Solid Waste Agency and also directs the City and the Agency to explore sources of outside funding. 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 Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully RESOLUTION NO. 322-76 A Resolution Supporting contin- ued exploration of the Solid Waste Recovery Concept. WHEREAS, a feasibility study on solid waste recovery systems has been submitted to the City; and WHEREAS, the study indicates favorable economics of generating steam from solid waste in Dubuque County; and WHEREAS, there is potential market in the City of Dubuque for steam gen- erated from solid waste. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: L That the Dubuque Metropolitan Area Solid Waste Agency be encour- aged to engage an engineering firm to develop more detailed engineering, economics and financial plans for generating steam from solid wastes; and 2. That the City and the Agency ex- plore sources of federal funding that be available now or will be available in the future for financing solid waste recovery projects. Passed, approved and adopted this 7th day of September. 1976 Alvin E. Lundh Mayor James E. Brady Emil Stackis Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION No. 323-76 WHEREAS, the City of Dubuque en- tered into an agreement with the Per- fection Oil Company, dated February 13, 1968, in connection with and pur- suant to the acquisition of certain property in connection with the City of Dubuque Flood Wall Protection project, and WHEREAS, it was agreed that Lime Street be vacated north of Kimball Street, and which vacated Lime Street would be subdivided into Lot 1 and Lot 2 thereof, and in said agreement it was agreed that Lot 1 of vacated Lime Street be conveyed to Dubuque Stone Products Company, and Lot 2 of vacat- ed Lime Street would be conveyed to Perfection Oil Company, subject to rail- road easement, and WHEREAS, said property has been platted and said Lime Street has here- tofore been vacated, but no conveyance has been made pursuant to and in ac- cordance with said agreement. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of inter- est in and to Lot 1 of vacated Lime Street, to Perfection Oil Company, An Iowa Corporation, successor in interest to Dubuque Stone Products Company, and the conveyance of Lot 2 of vacated Lime Street to Perfection Oil Company, An Iowa Corporation, subject to rail- road easement, be and the same is her- eby approved. S"llon 2. That the City Clerk be and he is hereby authorized and directed to publish notice of interest to dispose of interest and City property to Perfection Oil Company as is required by law. 458 Regular Session, September 7, 1976 99~ 3. That a certified copy of this Resolution be filed in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution and that a public hear- ing be held on the resolution on October 4, 1976, at 7:30 o'clock P.M. in the Council Chamber at City Hall and City Clerk be directed to publish notice of hearing in the manner as required by law. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to dispose of Lot 9 of Block 1 of River Front Sub. No. 5, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilman Brady. Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 324-76 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa, on August 19, 1976, the City Council of the City of Dubuque, Iowa met on the 7th day of September, 1976, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described to Thermo King Sales & Service of Dubuque Inc.; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or written, to the Proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de. scribed real estate to Thermo King Sales & Service of Dubuque Inc: NOW THEREFORE BE 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 the following described real estate, to -wit: Lot 9 of Block 1 of River Front Sub- division No. 5 in the City of Dubuque. Iowa to Thermo King Sales & Service of Dubuque Inc., be and the same is hereby approved for the total purchase price of $44,556.65, and other good and valuable consideration subject to the following terms and conditions: 1. That said real estate be sold to Thermo King Sales & Service of Dubuque, Inc. for the construction and erection of a building thereon approximately 15,000 square feet in size to provide for manufacturing purposes, office space, convenience and part., room. 2. That the sale price for said real es- tate shall be $20,908.80 per acre or $44,556.65 for the total purchase price, with ten percent thereof being paid as down payment, receipt whereof is hereby acknowledged by the City. 3. That construction of said building shall be commenced within one (1) year from date of delivery of deed and the passage of this Resolution and shall be completed within twenty- four (24) months of delivery of deed and upon failure so to do or failure to make improvements to the land within eighteen (18) months by Ther- mo King Sales & Service of Dubuque, Inc., purchaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all build- ings, yards, parking lots, fences and ancillary improvements shall be con- structed in conformance with City codes, and manufacturing processes carried out in accord with City Ordinances. 5. That the City of Dubuque. Iowa retains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. Seetlon 2. That the city Clerk be and Regular Session, September 7, 1976 he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Thermo King Sales & Service of Dubuque, Inc. upon receipt of the pur- chase price in full. SKUon 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman TUlly RESOLUTION NO. 325-76 Resolution accepting, ratifying and confirming results of Dubuque County Supervisor's Canvass of Civic Center Election conducted on August 17, 1976. WHEREAS, an election held on August 17, 1976 under the supervision of the Commissioner of Elections, of Dubuque County, Iowa, on the follow- ing proposition to -wit: "Shall the City of Dubuque, Iowa, issue its bonds in an amount not ex- ceeding the amount of $3,700,000. for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City?" and WHEREAS the County Commis- sioner of Elections has submitted an Election report to the County Board of Supervisors on August 23, 1976, and WHEREAS the County Board of Supervisors have adopted a resolution canvassing and declaring the results of a special election on a City of Dubuque Civic Center Bond proposition as con- ducted in each voting precinct in the City, and WHEREAS it is found and determined that the total number of affirmative votes on said proposition at said elec- '"" -- more than sixty per 459 cent (60%) of the total vote cast at said election and is in effect. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: That the Election report and Canvass of the Board of Supervisors as submitted on the proposition: "Shall the City of Dubuque, Iowa, issue it' bonds in an amount not exceed. ing the amount of $3,700,000. for the Purpose of constructing and equip- ping a Civic Center and acquiring a site therefor in said City?" as voted upon by the citizens of Dubuque Iowa on August 17, 1976 is hereby accepted ratified and confirmed. Passed, adopted and approved this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. ELECTION REPORT 1, Harold P. Meloy, County Auditor of Dubuque County, Iowa, and as such County Commissioner of Elections of said County, do hereby find, determine and declare the following: 1. That the precinct election officials of the special municipal election held in and for the City of Dubuque, in Dubuque County, Iowa, on August 17, 1976, on the following proposition, to -wit: Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? have filed their returns, which have been duly examined and verified. 2. That a total of 11,115 ballots, in. cluding 350 absent voters ballots, were cast at said election on said proposition, of which 7680 votes were cast "Yes", and 3293 votes were cast "No" and 142 ballots were blank or defectively marked on said proposition. 3. That a record of the votes cast on 460 Regular Session, September 7, 1976 said bond proposition at said election by precincts is hereby made as follows: 4. That the votes cast in favor of said proposition at said election were equal to at least sixty per cent (60%) of the total votes cast for and against said proposition at said election, and that said proposition has been duly carried and adopted. 5. That the total number of ballots cast at said election, including absent voters ballots, as shown by the election registers was 11,115. This Election Report constitutes my official canvass of the results of said election on the foregoing proposition. WITNESS my official signature and the seal of said County hereto affixed at Dubuque, Iowa, this 23rd day of August, 1976. Harold P. Meloy County Commissioner of Elections (SEAL) STATE OF IOWA COUNTY OF DUBUQUE Subscribed and sworn to before me this day, the date last above written. Leroy L. Meyer Clerk of District Court Resolution canvassing and de- claring the results of a special election on a City of Dubuque Civic Center bond proposition. WHEREAS pursuant to a resolution heretofore adopted by the City Council of the City of Dubuque, Iowa, and an Election Order issued by the Dubuque County Commissioner of Elections, there was duly submitted to the voters of said City at a special election held in and for said City on August 17, 1976, the following proposition: Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City and WHEREAS the election on said proposition was duly and legally called and held on said date and the precinct election officials of said election have filed their returns, which have been duly examined and verified, and the County Commissioner of Elections has filed with this Board an Election Report with respect to the results of said election; NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Dubuque, in the State of Iowa, as follows: Section 1. That upon being duly ad- vised in the premises it is hereby found, determined and declared that the elec- tion on the proposition referred to in the preamble hereof was held and conduct- ed in each of the voting precincts of the said City pursuant to due notice and during the proper hours and in strict compliance with law and that said proposition and the adoption thereof complies strictly with law. Section 2. That it is hereby found, determined and declared that the elec. tion on the proposition referred to in the preamble hereof was favorable thereto; that the total number of affirmative votes on said proposition at said elec- tion was equal to or more than sixty per cent (60%) of the total vote cast for and against said proposition at said election and is in effect. Section 3. That it is hereby found, determined and declared that a total of 11,115 ballots, including 350 absent voters ballots, were cast at said election on the aforesaid proposition, of which 7680 votes were cast "Yes", 3293 votes were cast "No" and 142 ballots were case blank or defectively marked. Section 4. That a record of the votes Blank or Total Precincts Yes No Defective Ballots 1 271 133 II 415 2 155 56 5 216 3 202 128 8 338 4 377 172 1 550 5 189 134 5 328 6 198 90 3 291 7 139 67 4 210 8 179 83 5 267 y 199 66 8 273 10 298 97 3 398 11 368 146 7 521 12 349 95 3 447 13 432 176 4 612 14 268 126 3 397 15 324 120 6 450 16 333 131 2 466 17 400 216 6 622 18 275 157 6 438 19 419 181 10 610 20 354 189 11 554 21 367 153 5 525 22 306 118 10 434 23 280 164 4 448 24 392 138 5 535 25 321 97 2 420 Absentee Ballots 285 60 5 350 4. That the votes cast in favor of said proposition at said election wcre equal to at least sixty per cent (60%) of the total votes cast for and against said proposition at said election, and that said proposition has been duly carried and adopted. 5. That the total number of ballots cast at said election, including absent voters ballots, as shown by the election registers was 11,115. This Election Report constitutes my official canvass of the results of said election on the foregoing proposition. WITNESS my official signature and the seal of said County hereto affixed at Dubuque, Iowa, this 23rd day of August, 1976. Harold P. Meloy County Commissioner of Elections (SEAL) STATE OF IOWA COUNTY OF DUBUQUE Subscribed and sworn to before me this day, the date last above written. Leroy L. Meyer Clerk of District Court Resolution canvassing and de- claring the results of a special election on a City of Dubuque Civic Center bond proposition. WHEREAS pursuant to a resolution heretofore adopted by the City Council of the City of Dubuque, Iowa, and an Election Order issued by the Dubuque County Commissioner of Elections, there was duly submitted to the voters of said City at a special election held in and for said City on August 17, 1976, the following proposition: Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City and WHEREAS the election on said proposition was duly and legally called and held on said date and the precinct election officials of said election have filed their returns, which have been duly examined and verified, and the County Commissioner of Elections has filed with this Board an Election Report with respect to the results of said election; NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Dubuque, in the State of Iowa, as follows: Section 1. That upon being duly ad- vised in the premises it is hereby found, determined and declared that the elec- tion on the proposition referred to in the preamble hereof was held and conduct- ed in each of the voting precincts of the said City pursuant to due notice and during the proper hours and in strict compliance with law and that said proposition and the adoption thereof complies strictly with law. Section 2. That it is hereby found, determined and declared that the elec. tion on the proposition referred to in the preamble hereof was favorable thereto; that the total number of affirmative votes on said proposition at said elec- tion was equal to or more than sixty per cent (60%) of the total vote cast for and against said proposition at said election and is in effect. Section 3. That it is hereby found, determined and declared that a total of 11,115 ballots, including 350 absent voters ballots, were cast at said election on the aforesaid proposition, of which 7680 votes were cast "Yes", 3293 votes were cast "No" and 142 ballots were case blank or defectively marked. Section 4. That a record of the votes Regular Session, September 7, 1976 461 cast by precincts on said proposition is hereby made as follows: Blank or Total Precinct Yes No Defective Ballots 1 271 133 11 415 2 155 56 5 216 3 202 128 8 339 4 377 172 1 550 5 189 134 5 328 6 198 90 3 291 7 139 67 4 210 8 179 83 5 267 9 199 66 8 273 10 298 97 3 398 11 368 146 7 521 12 349 95 3 447 13 432 176 4 612 14 268 126 3 397 15 324 120 6 450 16 333 131 2 466 17 400 216 6 622 18 275 157 6 438 19 419 181 10 610 20 354 189 11 554 21 367 153 5 525 22 306 118 10 434 23 2S0 164 4 448 24 392 138 5 535 25 321 97 2 420 Absentee Ballots 285 60 5 350 Section 3. That the total number of ballots cast at said election, including absent voters ballots, as shown by the election registers, was 11,115. Section 4. That all resolutions and orders or parts thereof, insofar as same may be in conflict herewith, are hereby repealed and this resolution shall become effective immediately. Passed and approved August 23, 1976. Wilfred Bahl Chairman of the Board of Supervisors ATTEST: Harold P. Meloy County Auditor Recorded August 23, 1976. Harold Meloy County Auditor September 1, 1976 Honorable Mayor and City Councilmen This is to certify that the Board of Supervisors has canvassed the vote by the electorate on the proposition to issue general obligation bonds in the amount of $3,700,000.00 for the purpose Of constructing and equipping a Civic Center and acquire a site therefor in the City of Dubuque, which canvass shows that the affirmative vote cast for said Proposition was in excess of the statu. tory limits and consequently said proposition has been passed favorably upon by the electorate. At this time the Council should direct the City Attorneys Office as to when they desire the City Attorney to proceed with the preparation of the general ob- ligation bonds issue proceedings in order to prepare for the sale of same. Awaiting your earliest directions in this matter, l am, R. N. Russo City Attorney Mayor Lundh moved that the com- munication be received and filed and City Attorney directed to proceed im- mediately with bond proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. August 27,1976 To the Honorable Mayor and City Council Enclosed find our June 30, 1975 to June 30, 1976 Street Finance Report which includes all income and expendi- tures for Street purposes. The first column contains the entire Road Use Tax accounting which is con- struction, road maintenance snow removal and street cleaning. The second column consists of street fund accounts derived mainly from property taxes and assessments paid by residents within thirty days of the levy for street paving projects. The third column accounts for all other funds contributing to street relat- ed expenditures Such as street lighting, street storm sewer cleaning and traffic signal lighting and maintenance. The total expenditure for street relat- ed purposes this year is $2,359,308. The report also includes a parking report showing all parking income and expenses. Gilbert D. Chavenedle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO 326-76 Approving Official Report of Mun- icipality for Municipal Streets and Parking for 1975. WHF'.RFAS, an official report of 462 Regular Session, September 7, 1976 municipality expenditures and receipts for 1975 for municipal streets and park- ing facilities in the City of Dubuque, has 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 ex- amined the official report of the City of Dubuque for it's streets and parking facilities from June 30, 1975 to June 30, 1976 wherein receipts and expenditures are shown for 1975 along with a Street Bond listing 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 it's streets and parking facilities from June 30, 1975 to June 30, 1976 be and the same is hereby approved. Passed, adopted and approved this 7th day of September. 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. August 30, 1976 To the Honorable Mayor and Members of the City Council The Economic Development Admin- istration, the Federal agency charged with administering the Public Works Employment Act of 1976, is required to obtain and/or to conduct environmen- tal assessments of projects submitted to the agency for funding. This agency has only sixty (60) days in which to process an application; con- sequently, there is considerable concern as to their ability to fully assess all projects for environmental clearance. In view of the critical nature of this as- sessment, we propose that the City of Dubuque facilitate the process by con- ducting an environment review at the local level and submitting the findings as a part of the application. We would further suggest that the procedures utilized for the Community Development Block Grant program be followed, but modified to the extent that the city would assemble an ad hoc committee, publish the findings and hold one public hearing. The attached resolution sets these recommendations into motion. Gent M. Wittenberg Acting Assistant City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote - Yeas — Mayor Lundh, Councilmen Brady. Stackis, Wertzberger. Nays — None. Absent — Councilman Tully, RESOLUTION NO. 327-76 Authorizing an Environmental Review of Certain Public Works Projects WHEREAS, the Public Works Em- ployment Act of 1976 authorizes funds for employment opportunities in areas of high unemployment through the ex- peditious construction or renovation of useful public facilities; and WHEREAS, it appears that the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the Economic Develop- ment Administration, the Federal agency charged with the administration of the program, will conduct an envir- onmental analysis of projects proposed to be funded under the Act; and WHEREAS, the City of Dubuque de- clares its intent to assist the Economic Development Administration to carry out its responsibilities under the Na- tional Environmental Policy Act of 1969, as amended, by conducting at the local level an environmental review of each public works project under con- sideration for submission by the City to the Federal agency. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That the City Manager be and he is hereby authorized and direct- ed to convene an Ad Hoc Environmen- tal Review Committee to assess the impact on the environment and the nature of the environment to be affect- ed for each of the several public works to be submitted to the Economic Development Administration. Section 2. That the City Clerk is her- eby authorized and directed to place a copy of the Environmental Review Record for each of the several projects on file in his office for public inspection and to publish a Notice of the Findings Regular Session, September 7, 1976 463 of the Ad Hoc Environmental Review Committee in the Dubuque Telegraph Herald, a newspaper of general circula. tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Passed. approved and adopted this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE The City of Dubuque Proposes to submit an application to the Economic Development Administration for the funding of the following identified pub. lic works projects under the provisions of the Public Works Employment Act of 1976. Expansion of Iowa Street Parking Ramp Completion of Town Clock Plaza Construction and Reconstruction of Greenhouse — Potting House Restoration/ Renovation of City Hall Expansion of City Garage Reconstruction of a Portion of Fourth Street Construction of Cedar Cross Road Water Line To facilitate the processing of such an application by the Federal Agency, the City of Dubuque has convened an Ad Hoc Committee Environmental Review Committee, and based upon the assess- ment of the Projects by the Committee, the City of Dubuque has found that these Projects (have) (have no) sig- nificant effect on the environment based upon the following facts and measures: L Assessment of the nature, magni. tude, and duration of any adverse and Positive impacts; 2. Consideration of alternatives to the Projects, commitment of resources, known views of local groups, mea. sures which can be instituted to les. sen potential adverse impacts and to enhance the environment; 3. No loss of unique environmental resources; 4. No irreversible development trends; 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties possessing historical, archaeological, architec. cultural significance. The City of Dubuque has made an Environmental Review Record for each of the Projects, and has placed these records on file in the office of the City Clerk in City Hall, 13th and Central, Dubuque, Iowa. These records are available for examination and may be copied between 8:00 a.m. and 5:00 p.m. daily except Saturday, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and comments may be submitted to the City of Dubuque until 5:00 p.m., Thursday, September 30, 1976, ad- dressed to Alvin E. Lundh, Mayor of the City of Dubuque, City Hall, 13th and Central, Dubuque, Iowa 52001. Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. A RESOLUTION Authorizing the ex- ecution of a contract amendment with Barton-Aschman Associates Inc., pre- sented and read. Mayor Lundh moved adoption of the resolution. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Councilman Wertzberger. Nays — Mayor Lundh, Councilmen Brady, Stackis. Absent — Councilman Tully. Motion Failed. Mayor Lundh moved that the Preliminary Plans be referred to the City Traffic Department, to DMATS and Ci- tizens Policy Committee. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tull.% RESOLUTION NO. 328-76 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 Cigar- ettes and Cigarette Papers within said City. Sandra Leppert, 1103 Iowa Street Sirloin Stockade, Inc., 1895 John F. Kennedy Road Passed, adopted and approved this 464 Regular Session, September 7, 1976 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 329-76 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 following applications be granted and permits issued upon the compliance with terms of the Ordinances of the City. CLASS "C" BEER PERMIT Kopple's Grocery, Inc., 1098 University Avenue CLASS "B" BEER PERMIT Adella Alvina Ferring, 385 East 13th Street Passed, adopted and approved this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 330-76 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 oc. cupied by such applicants were inspect- ed and found to comply with the Ordin. ances of this City and they have filed proper bonds; NOW THEREFORE BE 1T RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Kopple's Grocery, Inc.. 1098 University Ave. CLASS "B" BEER PERMIT Adella Alvina Ferring, 385 E. 13th Street Passed, adopted and approved this 7th day of September 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 331-76 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 following applications be approved and licenses 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., I I I I Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William O'Neill, 55 Locust Street Dorothy Rose Hentges, (Sunday Sales), 2412 Central Avenue Sandra Leppert, 1103 Iowa Street John W. Bastian, 253 Main Street Passed, adopted and approved this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Regular Session, September 7, 1976 465 Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tullv. RESOLUTION NO. 332-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State I.aw and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" HOTEL -MOTEL BEER AND LIQUOR LICENSE Topeka Inn Management. In( 1111 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William O'Neill, S:i Locust Street Dorothy Rose Hentges, (Sunday Sales), 2412 Central Avenue Sandra Leppert, 1103 Iowa Street John W. Bastian, 253 Main Street Passed, adopted and approved this 7th day of September, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E- Brady Emil Stackis C Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption, of the resolution. Seconded by Mayof Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. At 10:25 P.M. Councilman Stackis moved to go into Executive Session to discuss appointments to various Boards and Commission. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tullv. Council reconvened in Regular Ses- sion at 10:50 P.M. Mayor Lundh announced the follow. ing appointments: Stacey Murdock reappointed to the Airport Commission for a six year term expiring 9-14-82 and Koa Gatrel to the Board of Electrical Examiners for a four term expiring 7.12-80. Councilman Stackis moved ra- tification of the appointments. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilemen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays — None. Absent — Councilman Tully. Leo F. Frommelt City Clerk Approved February 7, 1977 Adopted February 7, 1977 466 Special Session, September 13, 1976 CITY COUNCIL OFFICIAL Special Session, September 13, 1976 Council met at 7:30 o'clock P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- bergw- City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of APPROVING A SUBDIVISION PLAT OF WEST RIDGE SECOND ADON., and acting upon such other business as may properly come before a Regular Meeting of the Council. Proclamations proclaiming week of September 19th to 25th, 1976 as "Na- tional Dog Week" and September 21 thru October 31, 1976, as "United Way Month", were approved and signed by Mayor Lundh. Communication of Dock Commission submitting minutes of their meeting of September 1, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. At 7:45 P.M. Councilman Stackis moved to go into Executive Session to discuss property purchase by the Dock Commission. Council Reconvened in Regular Ses. sion at 8:25 P.M. Dock Commission was authorized to continue negotiations for subject property. Proof of Publication, certified to by the Publisher, of Notice to the Public that the City will undertake certain Community Development Block Pro- grams, presented and read. Councilman Stackis moved that the proof of pub. lication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Brady moved that the City Manager be directed to begin work on adjustment to budget to provide funds as needed not to execeed $3,500 for G.A.I.N. (Girls Are In Need). Seconded by Councilman Stackis. Car. ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis. Nuys — Councilmen Tully, Wertzberger. Proof of Publication, certified to by the Publisher, of List of Claims and receipts and expenditures for month of July, 1976, presented and read. Council. man Stackis moved that the proof of publication be received and filed. Seconded by Councilman Brady. Car. ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 9, 1976 To the Honorable Mayor and Members of the City Council. Gentlemen: We have approved the filing of the continuation certificate issued to John J. Sheean, renewal of sidewalk bond IA 321182 to 10-22-77 by Merchants Mutual Bonding Co. and desire to have your approval of same. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and filing be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Iowa Department of Transportation submitting a copy of the Concept Statement for a proposed connection from City Island Bridge to the existing street system in the City, presented and read. Councilman Brady moved that the communication be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Brady moved that the City Clerk be directed to send a written communication to the DMATS Policy Board Expressing our concern with the meeting times of the Policy Group and suggesting benefit of evening meetings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady, Stackis, Tully, Wertzberger. Nays — Mayor Lundh. September 9, 1976 Honorable Mayor and City Councilmen On May 12, 1975, Eileen M. Holz commenced an action against the City of Dubuque, Iowa, and J.C. Penney Co., Inc. for the sum of 321,000.00 for Special Session, September 13, 1976 467 damages allegedly suffered on January 10, 1975, when Plaintiff was leaving the Penny store through a rear door open. ing onto the public alley between 8th and 9th street in the City of Dubuque, Iowa. Plaintiff tripped on a concrete curb or (ire stop, as a result she suffered personal injuries. This matter was referred to the City Attorney who asserted appropriate defenses thereto and said case was scheduled for trial for the latter part of October. City Attorneys Office has been ad- vised this case has been settled at no expense of the City. Original Notice with the copy of Peti- tion attached is herewith returned and this concludes this matter. R. N. Russo City Attorney Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 9, 1976 Honorable Mayor ti and City Councilmen William L. Meyers and others in the Fulton, Monroe, King Streets areas filed a petition requesting that action be taken to increase the water pressure from its present level in that area. This matter was referred to the City Manager and at the meeting of Sep- tember 7, 1976, the City Council referred the question of prospective liability to the City Attorney for an opinion. It is my understanding that the pre- sent level of water pressure in the area meets the minimal standards of level of service. It is also my understanding that the water pressure in the area is suf- ficient to meet any prospective demand for fire protection. It is also my understanding that some of the inhabitants of the residences of that area, have put the City and Water Department on notice that they are in Opposition to any increase of water Pressure as such increase would in all reasonable likelihood result in rupturing the water service lines servicing their particular residence. I am also advised it is the position of the City Water Superintendent, that there is a reasonable likelihood, that the increase in pressure as petitioned for by the petitioners could result in rupturing some of the service lines serving some of the residences in the petitioned area. The Supreme Court of Iowa has _"Awft repeatedly ennunciated a general proposition that where it appears a City is acting in a propietary capacity in the operation of its water works it would be liable for damages due to the negligence Of its employees. This proposition was sustained in the case of Dartee vs. Sioux City, 246 Iowa 171, 66 Northwestern NW, 2d 275. Assumedly, in this instance the City is in compliance with its contract to fur• nish water to the area affected if the Pressure will increase to the point to incurring a reasonable likelihood of rupture of some of the waterlines in some of the residences such could be considered an act of negligence on the part of the City under the circum- stances, when it either knows or should know that increase of such water pres- sure will reasonably and foreseeably result in the rupture of some waterlines. It would appear, therefore, that unless the property owners within the affected area are willing to execute a Hold Harmless Agreement, holding the City of Dubuque, Iowa, free and harmless from any and all claims arising out of or in any way connected with the increase of water pressure, then it is the recom- mendation of the City Attorney that such effort to increase the water pres- sure be abandoned. R. N. Russo City Attorney Councilman Brady moved that the communication be received and filed and referred to Council. Seconded by Councilman Stackis. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Councilmen Brady, Stackis. Nays —.Mayor Lundh, Councilmen Tully, Wertzberger. MOTION FAILED. Councilman Wertzberger moved that the communication be received and filed and City Solicitor's recommenda- tion be approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Councilmen Tully moved that the Manager's previous recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. Communication of Water Supt. J.J. Hail submitting a statement relative to an average pressure of approximately sixty pounds in the Fulton, Monroe, King Street area, containing proposed 468 Special Session, September 13, 1976 methods of correction, but would prevent treating all water users on an equal basis, presented and read. Coun- cilman Brady moved that the commun- ication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting a list of high priority items; Master Planning; 3" overlay RWY 18-36; Six Mobile Radios; Electric Security gate for a total of $435,787.00, and requesting support for local share funding in the amount of $24,714.35; State Share $21,564.35, presented and read. Councilman Brady moved that the communication be received and filed and Mayor be authorized to enter into agreement; and authorize additional $3,150 to be joined with funds approved for a total of $24,714.35. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilman Brady, Stackis, Tully, Wertzberger. Nays — None. September 10, 1976 To the Honorable Mayor and Members of the City Council We are hereby submitting a list of Agricultural Land Tax Credit properties located within the City and that have applied for credit on properties that are used for Agricultural of Horticultural purposes. This list must be filed with the County Auditor for proper execution for the benefit of refund from the State. Agricultural lands as used in Chapter 426.2 shall include all tracts of land of ten 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 horticul- tural purposes. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and approved and City Clerk authorized to file with County Auditor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 10, 1976 Honorable Mayor and City Council 1 recommend your favorable con. sideration of the proposed traffic ordin- ance amendment to require southbound vehicles on Windsor Avenue to stop at Davis Street. in support of this recom- mendation 1 have attached a letter from Acting Chief Jenaman. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 45-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE TRAFFIC CODE OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SUBSECTION 12 TO SECTION F OF SCHEDULE III THERETO TO STOP SOUTHBOUND TRAFFIC ENTERING THE INTERSECTION OF WINDSOR AVENUE AND DAVIS STREET, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 45-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE TRAFFIC CODE OF THE CITY OF DUBUQUE, IOWA, BY ADDING, A NEW SUBSECTION 12 TO SECTION F OF SCHEDULE 111 THERETO TO STOP SOUTHBOUND TRAFFIC ENTERING THE INTERSECTION OF WINDSOR AVENUE AND DAVIS STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the Traffic Code of the City of Dubuque, Iowa, be and the same is hereby amended by adding a new Sub- Special Session, September 13, 1976 section 12 to Section F of Schedule 111 thereto as follows: "F Southbound vehicles must stop before entering the intersection of 12, Windsor Avenue and Davis Street." passed, approved and adopted this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herold Newspaper this 16th day of Sep- tember 1976. Leo F. Frommelt City Clerk 10116 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. AN ORDINANCE amending Ordin- ance No. 35.57 by repealing Subsection a. of Section 4 thereof and enacting a new Subsection a. of Section 4 in lieu thereof; by repealing Subsection b. of Section 4 thereof and enacting a new Subsection b. of Section 4 in lieu ther- eof; by repealing Subsection c. 5 of Section 4 thereof and enacting a new Subsection c. 5 of Section 4 in lieu ther- eof; by repealing Section 8 thereof and enacting a new Section 8 in lieu thereof to provide for revision of Schedule of Rates, to provide for minimum sewage rental charges and to provide for penal- ty for failure to pay such charges; and repealing Ordinance No. 65.68, present- ed and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Brady. Carried by the fol - 469 Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Stackis moved that a Public hearing be held on the Ordinance on October 4, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to published notice of the hearing as required by law. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Men's Recrea- tion Ass'n. requesting the City to provide approx. 35 acres to erect 8 soh• ball complex, presented and read. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Harry Bemis addressed the Council relative to softball complexes. Councilman Wertzberger moved that the petition be received and filed and referred to Council and that the City Clerk send letters to Park Board and Recreation Commission advising of a joint meeting to be held on September 29, 1976 at 7:00 o'clock P.M. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Senior High School requesting a parade permit for October 14th and fireworks permit for October 15th at Homecoming game, presented and read. Councilman Brady moved that the request be received and filed and approved subject to final ap- proval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Acting Ass't. City Manager asking for permission to charge-off uncollectible rents in the Downtown Urban Renewal Project and A RESOLUTION authorizing the charge-off of accrued delinquent rentals for the Downtown Urban Renewal Project Iowa R-15, presented and read. Councilman Brady moved that the communication and resolution be referred to the next Council Meeting. 470 Special Session, September 13, 1976 Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. September 10, 1976 Honorable Mayor and Councilmen We herewith transmit the revised Resolution of approval for the final plat of Lots 1 through 13, inclusive, of West Ridge Addition, a southwesterly exten- sion of Kane Court, in the City of Dubuque, Iowa. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Brady moved that the communication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 333-76 Resolution approving the Plat of Lots 1-13 Inclusive all In West Ridge Second Addition In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which: Lot I ofAof2of2of2of I of I of 1 of 1 of 1 of Clarence Arlen Place and Lot 1 of 9, Lot 1 of 10 Lot I of 11 and the North 70 feet of Lot 12 of Block 1 of West Ridge Addition all in the City of Dubuque, Iowa, is platted as Lot 1-13 inclusive of West Ridge Second Addition in the City of Dubuque, Iowa, by Delbert Miller as Owner thereof; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and approved by said body; and WHEREAS, upon said plat appears streets to be known as Kane Court, and also easements for public utilities which the Owner upon said plat has dedicated to public forever; and WHEREAS, said plat has been found by the City Council to conform to the statutes and ordinances relating thereto except that the streets have not been reduced to grade or paving, sewer, water or sidewalks installed therein; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Kane Court together with the ea- sements for public utilities all as the same appears upon said plat; he and the same are hereby established as public streets in the City of Dubuque; Section 2. That the plat of the sub. division of Lot 1 of A of 2 of 2 of 2 of 1 of I of I of 1 of 1 of Clarence Arlen Place and Lot 1 of 9. Lot 1 of 10, Lot 1 of 11 and the North 70 feet of Lot 12 of Block 1 of West Ridge Addition all in the Citv of Dubuque, Iowa, and which will her- eafter be known as Lots 1-13 inclusive, of West Ridge Second Addition in the City of Dubuque, Iowa, is hereby ap. proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat providing the Owner of said property, hereinbefore named, executes written acceptance hereto attached, agreeing: a. To reduce Kane Court and to grade as shown by the profiles submitted with the plat. b. To surface Kane Court a width of 27 feet with 8" rolled stone base with 21h" bituminous concrete surface. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install sidewalks on both sides of Kane Court in accordance with the City of Dubuque Standard Specifica- tions for Permanent Sidewalks. d. To install water mains in accordance with plans submitted with this plat. e. To install sanitary sewers in accor- dance with plans submitted with this plat. f. To install storm sewers and catch basins in accordance with plans sub- mitted with the plat. g. To install the sanitary sewer and water house laterals for each lot to behind the property lines. h. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager and under the inspec- tion of the City Engineer. i. To maintain all street improvements and sewer and water mains for a per. iod of four (4) years from the date of its acceptance. j. To install in accordance with City Specification, boulevard street light- ing within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision. k. To construct said improvements prior to December 31, 1978. I. To provide the foregoing construc- tion and maintenance at the expense of the Owner. Special Session, September 13, 1976 and further provided that Delbert Miller, as Owner of said subdivision secured the performance of the forego- ing conditions by providing security in such sums and with such sureties as may be acceptable to the City Manager. ,ruction 3. That the owner does ack- nowledge and voluntarily agree as a condition precedent to the approval of the plat of Lots I thru 13, inclusive, of West Ridge Second Addition, that a double -width driveway and double gar- age shall be installed at each single- family residence as he or his successors may hereafter erect within the subdivi- sion, and does further acknowledge the intent of the City of Dubuque to prohibit parking of vehicles upon Kane Court as such appears upon the plat, and that the foregoing conditions are granted in acknowledgement of the modifications of minimum street width prescribed in Ordinance No. 65.57, being the Subdivi- sion Ordinance of the City of Dubuque. Iowa. Soction 4. That in the event Delbert Miller shall fail to execute the accep- tance and provide security provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedica. tion and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk This is to certify that the security required for the foregoing Resolution 333-76 has been provided by the Owner. Dubuque, Iowa October 26, 1976 Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 333-76 Delbert Miller, having read the terms and conditions of the foregoing Resolu- lion 333.76, and being familiar with the contents thereof, hereby accepts the same and agrees to perform the condi- tions therein required. Dated: Octoberl26, 1976rt ler 471 Councilman Brady moved adoption of the resolution. Seconded by Council. man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 10, 1976 To the Honorable Mayor and Citv Council This is to advise ,you that the demoli. tion and removal of the Naval Reserve Buildings has been completed in accor- dance with the City of Dubuque plans and specifications. The garage is to be left at the request of J.P. Cullen & Sons for their use during construction of the Water Treatment Plant facility, with the stipulation that they will remove the structure when they finish with it. 1 therefore recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 334-76 WHEREAS, the contract for the Demolition and Removal of the Naval Reserve Buildings and Garage has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore. BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $2,450. That -0- of the cost thereof shall be assessable upon private property and $2,450 shall be paid from the Water Department Construction Fund of the City of Dubuque. Passed, adopted and approved this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- 472 Special Session, September 13, 1976 man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. (A Resolution Accepting Improvement) RESOLUTION NO. 335-76 WHEREAS, the contract for the Demolition and removal of the Naval Reserve Buildings and Garage has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds in the Water Department Construction Fund. Passed, adopted and approved this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 336-76 Authorizing the publication of no- tice of Sale of Project Notes (Fifth Series 1976) and the receiving of Proposals for the Sale of Said Notes for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque entered into a Loan and Capital Grant Contract for the undertaking of the Downtown Ur. ban Renewal Project, Iowa R-15; and WHEREAS, under date of July 3, 1972, the Council of the City of Dubuque adopted Resolution No. 213-72 authorizing to be issued, from time to time, Project Notes in connec. tion with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of June 7, 1976, the Council of the City of Dubuque, authorized the issuance and sale of its Project Notes in the ag. gregate amount of $384,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refinance a portion of said outstanding Project Notes, it is necessary for the City of Dubuque to sell Project Notes (Fifth Series 1976) totaling $274,000; now therefore BE IT RESOLVED by the City Coun. cil of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish according to law, 'Notice of Sale - Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate proposals for the sale of said notes and to send telegrams of acceptance to the low bidder or bid- ders all in accordance with instructions covering such transactions as provided by the Department of Housing and Ur- ban Development, United States of America. Section 3. That a meeting of the Council of the City of Dubuque shall be held after the bid opening date of Oct. 13, 1976, to adopt such resolution or resolutions necessary for the consum- mation of the sale of Project Notes (Fifth Series 1976) to the lowest bidder or bidders. Passed, approved and adopted this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk NOTICE OF SALE — PROJECT NOTES City of Dubuque, Iowa ( Issuing Agency) Sealed proposals will be received by the City of Dubuque, Iowa (herein called the "Local Issuing Agency") at City Hall, 13th and Central in the City of Dubuque, State of Iowa 52001, until and publicly opened at, I o'clock P.M. (E.S.T.) on October 13, 1976, for the purchase of $274,000 of Project Notes (Fifth Series 1976), being issued to aid in Special Session, September 13, 1976 financing its project(s) as follows: Amount Series Maturity :274,0()0 Fifth -1976 March 25,'77 The Notes will be dated November 9, 1976, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accepted for the purchase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form ap- proved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be obtained from the Local issuing Agency at the address indicated above. Detailed information with re- spect to the conditions of this sale may be obtained from the September 28, 1976 issue of The Daily Bond Buyer. City of Dubuque, Iowa By: Leo F. Frommelt City Clerk 2t-9/28-10/5 Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 17, 1976 To the Honorable Mayor and City Council I hereby submit the plans and specifications for the Eleventh Street Steps and the Jefferson Park Steps. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 337-76 WHEREAS, proposed plans, specifications, 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 the improvement for the construction of the Eleventh Street Steps and Jefferson Park Steps. BE IT THEREFORE RESOLVED that the City Council on its own motion, t advisable and necessary for the 473 public welfare to make the herein men- tioned 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 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 Community Development Block Grant Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 13th day of Sep- tember, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved approval of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 3W76 Preliminary Estimates, and approval of plans, spec., form of contract, etc. for the construction of the Eleventh Street Steps and Jefferson Park Steps, in the estimated amount of $25,204.06, pre- sented and read. Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 339-76 WHEREAS, the Citv 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 office of the City Clerk for public in- spection for the construction of the Eleventh Street Steps and Jefferson Park Steps. BE IT THEREFORE RESOLVED that on the 4th day of October 1976, a public 474 Special Session, September 13, 1976 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 ap- pear and make objection to the proposed plans and specifications and proposed 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 hearing to be published in some new- spaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its con- sideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Barady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 340-76 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 following applications be approved and licenses 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, U.S. 20 and Mercer Drive CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, 926 Main Street Passed, adopted and approved this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council. man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 341-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd., Dubuque, U.S. 20 and Mercer Drive CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, 926 Main Street Passed, adopted and approved this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 342-76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. Special Session, September 13, 1976 475 CLASS "C" BEER PERMIT Dubuque, Iowa, passed and adopted Ralph Grabow, 1050 University Ave. Resolution No. 5-66 approving ofdispo. Randall's International, 2600 Dodge sal of interest of the City of Dubtrque, Street Passed, adopted and approved this Iowa in and to Lot C vacated Shields Street from Jones Street 13th day of September, 1976. to Dodge Street in the City of Dubuque, Iowa, Alvin E. Lundh subject to existing easements for utili- Mayor Thomas A. Tully Jr. ties to Hurd -Most Sash & WHEREAS Door Co., and Of Richard Wertzberger ty of the 1966 Dubuque, Iowa dated January 3rd, James E. Brady conveying said above described real Emil Stackis estate to said Company was delivered, Councilmen but same was never recorded and has ATTEST: been by said grantee lost, misplaced or Leo F. Frommelt unaccountable missing, and City Clerk WHEREAS, said grantee proposes to Councilman Stackis moved adoption sell said real estate and has requested of the resolution. Seconded by Council- the execution and delivery of a ro- man Brady. Carried by the following placement deed vote: NOWTHEREFOREBEITRESOLVED Yeas — Mayor Lundh, Councilmen by the City Council of the City of Brady, Stackis, Tully, Wertzberger. Dubuque, Iowa, as follows: Nays — None. Slalom 1, The request of Hurd -Most RESOLUTION NO. 343-76 Sash & Door Co., for the execution and WHEREAS, applications for Beer delivery of a replacement deed to the Permits were filed by the within named real estate above described should be applicants and they have received the approved and the Mayor and City Clerk approval of this Council; and should be authorized and directed to WHEREAS, the premises to be ac- execute such replacement deed as cupied by such applicants were inspect- requested and that the City Clerk be ed and found to comply with the Ordin- directed to deliver such deed forthwith ances of this City and they have filed after execution. proper bonds; NOW THEREFORE BE IT RE- Passed, adopted and approved this SOLVED by the City Council of the City 13th day of September, 1976. of Dubuque, Iowa, that the Manager be Alvin E. Lundh authorized to cause to be issued to the Mayor Thomas A. Tully Jr. following named applicants a Beer Permit. Richard Wertzberger CLASS "C" BEER PERMIT James E. Brady Emil Stackis Ralph Grabow, 1050 Universitv Ave. Councilmen Randall's International, 2600 Dodge ATTEST: Street Passed, adopted and approved this Leo F. Frommelt City Clerk 13th day of September, 1976. Councilman Wertzberger moved Alvin E. Lundh adoption of the resolution. Seconded by Mayor Councilman Tully. Carried by the fol - Thomas A. Tullv Jr. lowing vote: Richard Wertzberger Yeas — Mayor Lundh, Councilmen James E. Brady Brady, Stackis, Tully, Wertzberger. Emil Stackis Nays — None. ATTEST. Councilmen Communication of Durrant, Dein. Leo F. FrommeltInger, Dommer, Kramer & Gordon in. City Clerk dicating appreciation for invitation to Councilman Stackis submit a proposal on the architectural & Iowa moved adoption of the resolution. engineering work proposed for Seconded by Council- man Brady. Street Parking Ramp Addition, present. Carried by the following vole: ed and read. Yeas _ Mayor Lundh, George Deininger addressed the Councilmen Brady, Stackis, Tully, Council on his own behalf relative to Wenzb erger. Nays _ None Ramp Addition. Councilman RESOLUTION NO. 344-76 Stackis moved that the communication Stackis be received and filed. Seconded by WHEREAS on the 3rd day of January 1906, the City Council Councilman Wertzberger. Carried by of the City of the following vote: 476 Special Session, September 13, 1976 Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. A Resolution authorizing the Execu- tion of a Contract Amendment with Barton-Aschman Associates, Inc., pre- sented and read at the Council Meeting of September 7, 1976, presented for reconsideration. Mayor Lundh moved to reconsider previous motion of last week. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Tully, Wertzberger. Nays — Councilmen Brady, Stackis. Mayor Lundh moved to approve project for application not to exceed $6,000. to provide work only that is necessary. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 345-76 Authorizing the execution of a Con- tract Amendment with Barton- Aschman Associates, Inc. WHEREAS, the firm of Barton -Asch - man, Inc. has been retained by the City of Dubuque to provide certain profes- sional and technical services in con- nection with the design of Town Clock Plaza in the Downtown Urban Project, Iowa R-15; and WHEREAS, the City of Dubuque de- sires to extend their services in order to prepare the items of work necessary for the City to proceed with the prepara- tion of documents necessary to lead to a successful application for possible Federal funds for the design and con- struction of the Town Clock Plaza. This does not authorize final design. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be and he is hereby authorized and direct- ed to enter into an amendment to the contract executed by and between the City of Dubuque and Barton-Aschman Associates, Inc. under date of July 18, 1974, at a cost not to exceed $6,000. It is further understood that the final design Portion of the project when approved will not exceed $4,000. Passed, approved and adopted this 13th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Brady. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. The following list of projects were presented for consideration by the Council, for possible Federal funding, IOWA STREET PARKING RAMP - To construct three additional levels of parking on the exisiting Iowa Street parking Ramp. Estimated Cost: $1,300,000. Councilman Brady moved that the City Manager and Mayor be authorized to sign Design and Engin- eering Contracts. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. TOWN CLOCK PEDESTRIANWAY on Main Street from 6th to 5th Street, To complete all of the construction required to convert the balance of Main 'Street located within the Downtown Urban Renewal Project into a Pedes- trianway, Estimated Cost: $250,000. Mayor Lundh moved that the project be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. GREENHOUSE -POTTING HOUSE at Lincoln and Garfield at the present Park Office address, Proposing to add an addition to the greenhouse and to build a new potting house, Estimated Cost $119.000. Councilman Tully moved that the project be approved. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. CITY HALL at Thirteenth Street and Central Avenue, To renovate/ restore the existing City Hall and adjacent parking area, Estimated Cost: $1,000,000. Councilman Tully moved that the project be approved with a cost not exceeding $2000. for updating infor- mation. Seconded by Councilman Brady. VOTE ON MOTION WAS AS FOLLOWS: Yeas — Councilmen Brady, Tully. Nays — Mayor Lundh, Councilmen Stackis, Wertzberger. MOTION FAILED. Session, CITY GARAGE at Kerper Boulevard and Eleventh Street, to expand the pre- sent City Garage and to provide other related facilities, Estimated Cost $750,000. Councilman Brady moved to reject proposal. Seconded by Council- man Tully. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Councilman Bradv. Tullv. Nays — Mayor Lundh, Stackis. Wertzberger. MOTION FAILED. Councilman Wertzberger moved to accept proposal for the City Garage for no more than $3000. to be spent for planning update. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Wertzberger. Nays — Councilman Brady, Tully. FOURTH STREET from the Railroad in downtown Dubuque eastward to the street's termination at the Floodwall, Estimated Cost: &W,000. Mayor Lundh moved to approve the project. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 0.1 CEDAR CROSS WATER LINE from Southwest of the present City Limits through an area proposed to be volun- tarily annexed, Estimated Cost: $150,000. Councilman Brady moved that the project be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen 13, 1976 477 Brady, Stack's, Tully, Wertzberger. Nays — None. Councilman Brady moved to include the 17th STREET STORM SEWER in the list Of projects. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman WoUberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzbergen Nays — None. Leo F. Frommelt City Clerk Approved February 7, 1977 Adopted February 7, 1977 478 Special Session, September 27, 1976 CITY COUNCIL OFFICIAL Special Session, September 27, 1976. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis. Tully, Wertzberger. Absent — City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of CONSIDERING ADOPTION OF A RESOLUTION PROVIDING FOR THE ADVERTISEMENT OF $3,700,000. CIVIC CENTER BONDS and acting upon such other business as may properly come before a Regular Meeting of the Council. RESOLUTION NO. 346-76 Resolution adopting and approv- ing the execution of an acceptance of a Grant Offer from the Administrator of the Federal Avia- tion Administration Acting for the United States of America to the City of Dubuque, Iowa, for the pur- pose of obtaining Federal Aid in the Development of the Dubuque Municipal Airport under Project No. 6-19-0028-02. BE IT RESOLVED by the City Council of the City of Dubuque Iowa: Section 1. That the City of Dubuque, Iowa, shall for the purpose of obtaining Federal aid in the development of the Dubuque Municipal Airport, enter into a Grant Agreement with the United States of America by executing an ac- ceptance of a Grant Offer from the Administrator of the Federal Aviation Administration, acting for the United States of America, to the City of Dubuque, Iowa, that such Grant Offer shall be set forth hereinbelow under Section 4. Sectlon 2. The City of Dubuque, Iowa does hereby ratify and adopt all sta- tements, representations, warranties, covenants, and agreements contained in the Project Application and in the nondiscrimination assurances incor- porated in the said Grant Offer. Section 3. That the Airport Commis- sion of the City of Dubuque Iowa, act- ing through its officer or officers desig- nated by it to so act, is hereby author- ized and directed to execute the, ac- ceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. Secllon 4. That the Grant Offer referred to hereinabove shall be as fol- lows: (attachment) DEPARTMENT OF TRANSPORTATION Federal Aviation Administration GRANT AGREEMENT Part 1 -Offer Date of Offer, September 22, 1976 Dubuque Municipal Airport Project No. 6-19-0028-02 Contract No. DOT -FA -76 -CE -7846 TO: The City of Dubuque, Iowa (herein referred to as the "Sponsor" FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submit- ted to the FAA a Project Application dated September 10, 1976, for a grant of Federal funds for a project for develop- ment of the Dubuque Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incor- porated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Resurface and mark runway 18.36; install electric security gate. All as more particularly described in the property map and plans and specifications in- corporated in the said Project Applica- tion; and WHEREAS, this project will not be completed during Fiscal Year 1976, and the total estimated cost of completion will be $379.187: Councilman Tully moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 347-76 Resolution providing for the advertisement of $3,700,000 Civic Center Bonds. WHEREAS at an election duly and legally called and held on the 17th day of August, 1976, over sixty percent of the qualified electors of the City of Dubuque. Iowa, voting thereon ap- proved the proposition of issuing bonds in the amount of $3,700,000 for the pur- pose of constructing and equipping a Civic Center and acquiring a site ther- efor in said City, and it is necessary and for the best interests of said City that Session, said bonds be offered for sale at this time in the manner contemplated by Chapter 75 of the Code of Iowa; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Civic Center Bonds of said City in the amount of $3,700,000 be advertised for sale, such bonds to be dated November 1, 1976, bearing inter- est payable semiannually on May 1 and November 1 of each year, and maturing in numerical order on May 1 of each of the respective years as follows: Year Amount Year Amount 1978 S 50.0(X) 1986 $275,000 1979 150,000 1987 275,000 19W 175,000 1988 300,000 1981 200,0(K) 1989 325,000 1982 2(X),000 1990 325,000 1983 225,000 1991 350,000 1984 250,00(1 1992 350,000 1985 250,000 and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 1:00 o'clock P.M., on the 21st day of October, 1976, and that the City Clerk be and he is hereby authorized and directed to pub- lish notice of such sale once each week for at least two consecutive weeks in the "Telegraph -Herald", a newspaper published and of general circulation in Dubuque County, Iowa, such adverti- sement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in con- flict herewith be and the same are her- eby repealed. Passed and approved September 27, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded September 27, 1976. 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger Nays — None. ORDINANCE NO. 46-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE ''TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SUBSECTION 14 OF SECTION A OF nber 27, 1976 479 SCHEDULE IV THEREOF WHICH LIMITED THE PARKING OF MOTOR VEHICLES FROM 9:00 A.M. TO 6:00 P.M. ON THE WEST SIDE OF MAPLE STREET FROM EAST 17th STREET TO EAST 18th STREET, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. Councilman 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 Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. ORDINANCE NO. 46-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE ''TRAFFIC CODE OF DUBUOUE, IOWA" AS AMENDED BY REPEALING SUBSECTION 14 OF SECTION A OF SCHEDULE IV THEREOF WHICH LIMITED THE PARKING OF MOTOR VEHICLES FROM 9:00 A.M. TO 6:00 P.M. ON THE WEST SIDE OF MAPLE STREET FROM EAST 17th STREET TO EAST 18th STREET, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Onhnunce No. 33-49 known us the " Truffic Code of Dubuque. Iowa". as amended, be and the same is hereby amended by repealing Subsectio n 14 of Section A of Schedule IV thereof and the same is hereby repealed and of no further force or effect. Passed, approved and adopted this 27th day of September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brody Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 1st duy of Oc- tuber 1976. Leo F. Frummelf City Clerk It 10/1 480 Special Session, September 27, 1976 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. September 23, 1976 Honorable Mayor and City Council 1 am transmitting herewith a proposed form of option to purchase real estate executed by Louis P. Mihalakis and Margaret V. Mihalakis, Milton E. Schwartz and Mary Ellen Schwartz, and Phillip. L. Mihalakis and Marlene Mihalakis, his wife, and Bryan G. Mihalakis, divorced and not remar- ried, as Sellers, and the City of Dubuque, Iowa, a municipal corporation, as Buyer. This option is for the purchase of Block 2 in "Riverfront Subdivision No. 2" in the City of Dubuque, Iowa for the sum of $35,000.00. Said option payment shall be in the sum of $1000.00 and in the event the option is exercised, then an abstract of title shall be furnished at City's expense which is estimated by this office in the approximate amount of $250.00 to $275.00 1 am transmitting said agreement to you for the reason that the parties have executed said agreement and after ex- ecution by the City, it is expected that we will have same executed by Ecology Control Corporation. R.N. Russo City Attorney Dock Commissioner Shirley Lang spoke in favor of the option of purchase. Dock Board members Wayne Molden- hauer and William McEllhiney request- ed purchase be made now. Councilman Brady moved that the communication of City Attorney be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 348-76 Resolution approving Form of Option to Purchase Real Estate WHEREAS, the City of Dubuque, Iowa and Louis P. Mihalakis and Mar- garet V. Mihalakis, his wife, Milton E. Schwartz and Mary Ellen Schwartz, his wife, Phillip L. Mihalakis and Marlene Mihalakis, his wife, and Bryan G. Mihalakis, divorced and not remarried, have been negotiating for the sale and purchase of Block 2 in "Riverfront Subdivi- sion No. 2" in the City of Dubuque, Iowa, according to the recorded plat thereof and wherein the parties have reduced the terms of said agreement to a written option agreement; and WHEREAS, the Sellers have executed said option; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Option to Pur- chase Real Estate executed by Louis P. Mihalakis and Margaret V. Mihalakis, his wife, Milton E. Schwartz and Mary Ellen Schwartz, his wife, Phillip L. Mihalakis and Marlene Mihalakis, his wife, and Bryan G. Mihalakis, divorced and not remarried, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized and directed to execute said Op- tion to Purchase Real Estate for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 27th day of'September, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 13, 1976 Honorable Mayor and Members of the City Council On September 13th a check was received from the Dubuque Area Chamber of Commerce, dated Sep- tember 10th, in the amount of $7,099.10. This payment is in restoration of ex- pended city money for expenses for the Boards and Commissions Dinner in 1974 and 1975. This payment should clear the city of any unauthorized expenditure as reported by the state Auditor. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Special Session, September 27, 1976 Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 47-76 AN ORDINANCE APPROVING AN AN- NUAL DINNER MEETING AND CON- FERENCE SHALL BE HELD FOR THE PURPOSE OF EDUCATION AND AD- VISING MEMBERS OF BOARDS AND COMMISSIONS IN THE GENERAL CONCEPT AND PHILOSOPHY OF THEIR RESPECTIVE ROLE IN GOVERNMENT, presented and read. Councilman Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None ORDINANCE NO. 47-76 WHEREAS, the members of the var- ious Boards and Commissions of the City of Dubuque, Iowa are interested and dedicated citizens serving on said Boards and Commissions by appoint- ment of the City Council of the City of Dubuque Iowa and serve as such with- out compensation of any nature. and WHEREAS, the City Council finds and deems it in the best public interest that the City should conduct an annual dinner meeting and con ference a t which reowned speaker, or speakers, shall participate in the furtherance of the educational and informational philoso- phies concerning the broad scope and Purposes of governmental activities: and WHEREAS, the City Council of the City of Dubuque, Iowa finds that such 481 annual dinner meeting and conference is most appropirate and mast effective in educating, aiding and benefiting those members who serve on the various boards and commissions of the City of Dubuque, Iowa in the furtherance of their functions and duties. NOW THEREFORE. BE IT OR- DAINED by the City Council of the City of Dubuque, lowu SO'Ctlan I. That an annual dinner meeting and conference shall be held by the City of Dubuque. Iowa for the pur. Pose of education and advising and informing the members of the Boards and Commissions of the City of Dubuque, lowa in the general concept and philosophy of their respective role in government as relates to their duties in connection therewith and that the costs and expenses of said annual din- ner shall he paid forand be borne by the Citv of Dubuque, Iowa and that the time and date for said Boards and Commis. sions dinner conference and meeting shall be on such date of each year as fixed and established by the City Coun- cil of the City of Dubuque, Iowa. Passed. approved and adopted this 77th day of September, 1976. Alvin E. Lundh Ma vor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. From melt City Clerk Published officially in the Telegraph Herold Newspaper this 1st duy of Oc- tober 1976. Leo F. Frommelt City Clerk It 10/1 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nuys — None. There being no further business, 482 Special Session, September 27, 1976 Councilman Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carded by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved February 7, 1977 Adopted February 7, 1977 Regular Session, October 4, 1976 CITY COUNCIL OFFICIAL Regular Session, October 4, 1976. Council met a1 7:30 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING of the Council called for the purpose of acting upon such business as may properly come before the Meeting. A Proclamation proclaiming the 20th anniversary of the Hungarian Revolu- tion on October 23, 1976 as "Hungarian Freedon Fighters' Day" was approved and signed by Mayor Lundh. Mayor Lundh proclaimed October 31. 1976 from 5:00 P.M. to 9:00 P.M. as "Trick or Treat" Day. Hans Zurcher of the Dubuque Naval Training Station presented a flag for the USS Dubuque. Petition of Bicentennial Commission requesting to present final financial report before closing books of corpora- tion, presented and read. Dennis J. Naughton, Chairman of Dubuque '76 Inc. submitted final financial report of Dubuque '76 Inc. Councilman Stackis moved that the petition and report be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Commis- sion submitting minutes of their meet. ing of September 21, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of September 9, 1976, 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of September 2, 1976, 483 Presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- herger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Bradv. Stackis, Tully, Wertzberger. Nays — None. Communication of Communitv Development Commission submitting minutes of their meeting of September 10, 1976, presented and read. Council- man Tully moved that the minutes be received and filed. Seconded by Coun. cilman Wertzberger, Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of DMATS submit- ting minutes of the Policy Committee's meeting of August 26, 1976, Citizen Advisory Committee's meeting of Sep- tember 1, 1976, and Technical Advisory Committee's meeting of September 10, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of September 7, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz. berger. Carred by the following vote: Yeas — Mavor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting minutes of their meet- ings of September 16, 1976 and Sep- tember 27, 1976, presented and read. Councilman Tully moved that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission submitting minutes of their meeting of September 22, 1976, presented and read. Councilman Tully moved that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzherger. Nays — None. Communication of Dubuque Citizens Advisory Commission submitting min- 484 Regular Session, October 4, 1976 utes of their meeting of September 28, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertaberger. Nays — None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of September 15, 1976, presented and read. Councilman Tullv moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communications of Iowa D.E.Q. granting water main extension and sewer permits to Asbury Springs 3, pre- sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 1, 1976 Honorable Mayor and Councilmen The City -Council of the City of Dubuque and the Dubuque County Board of Supervisors have adopted a joint Resolution No. 214-75, requesting the Iowa Natural Resources Council to undertake a flood plain information study for certain areas within or con- tiguous to the City of Dubuque. We are informed that the flood plain information study has been completed and that representatives of the U.S. Army Corps of Engineers and the Iowa Natural Resources Council now seek an opportunity to present that information to you. We have suggested to them that such a presentation may be possible in the late afternoon of Friday, October 8th, perhaps in conjunction with your brief- ing session. Those agencies have also indicated that the late afternoon or evening of Thursday, October 14th would also be acceptable to them for this presentation. We seek your advise in confirming final arrangements for presentation of the flood plain study. We are also in- formed that the session could easily be concluded in less than an hour. Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed and meeting be set for October 8, 1976, at 4:15 P.M. in the Council Chambers. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully. Wertzberger. Nays — None. Communication of Human Rights Commission relative to accessability for the handicapped, more particularly to attend Council meetings, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Council. Seconded by Councilman Brady. Car- ried by the following vote Yeas — Mavor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger Nays — None. Presentation by the Mayor of a for- mat for Council Proceedings as set for publication by the Clerk, presented for discussion. Councilman Tully moved that the format be referred to the City Clerk for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote, Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Communication of Louis Mihalakis et A submitting second exercise of five Yearly renewal options for one year from 1-1-77 to 12-31-77 on former City Garage, for rental, presented and read. Mayor Lundh moved that the commun- ication be received and filed and City Manager and City Clerk be authorized to sign. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of State Farm & Ca- sualty Co. filing their Casualty Fidelity and Surety Certificate of Authority to do business in Iowa, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Mayor's Industrial Committee submitting an application from Dubuque Screw Products Inc. for purchase of Lot 5 Block 1 in Riverfront Sub. No. 5, 1.0517 acres $21,954.24 recommending sale thereof, presented and read. Councilman Wertzberger moved to suspend the rules to let anyone present Regular Session, October 4, 1976 485 address the Council if they so desire. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tullv, Wertzberger. Nays — None. Bob Dorothy of Mayor's Industrical Committee addressed the Council ad- vising to sell the present land at the prices set out; Not to subsidize remain. ing industries in the Industrial Island. Councilman Wertzberger moved that the recommendation to sell be approved and communication referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vow Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting a map indicating the residence locations of the present members of the Commis- sion, presented and read. Councilman Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Mayor Lundh. Carried by the fol. lowing vote. Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting recommendations for use of monies in 1976-77 Program for Hill Neighborhood Area. 4th Street Community Develop- ment Project Area and Washington Park Restoration. presented and read. Walter Pregler. Chairman of Com- munity Development Commission, ad- dressed the Council stating the Com- mission is anxious to get projects under way Councilman Tullv moved that the communication be received and filed and recommendations be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission requesting a change of their organizational structure as to expiration dates of one, two, and three year appointees, presented and read. Councilman Wertzberger moved that the communication be received and filed, request be approved and com- munication referred for proper Proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of YMCA -YWCA addressed to Mr. Dunn, Chairman of City Development Board advising that the YMCA camp is not to he sold for development as the result of possible annexation consideration, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Coun. cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Public Notice that the City has made application to the Econ. omic Development Administration for funding Expansion of Iowa Street Park. ing Ramp, Construction of 17th Street Storm Sewer, Construction of Green. house, Restoration of City Hall, Expan. sion of City Garage, Reconstruction of a portion of Fourth Street, and Construc- tion of Cedar Cross Road Water Line, presented and read. Councilmen Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 17, 1976 To the Honorable Mayor and Members of the City Council We enclose a copy of the report on the cost of Project No. WS -Iowa -99 as prepared by the accounting firm of O'Connor, Brooks & Co. This project was financed in part by the U.S. Department of Housing and Urban Development and covered the following construction items, all of which have been completed and ac- cepted by the City. Park Hill Water Main Extension 32nd Street Water Main Extension Highway 20 Water Main Extension Water Plant Modernization South Dubuque Interceptor Sanitary Sewer Center Grove Interceptor Sanitary Sewer Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. 486 Regular Session, October 4, 1976 September 24, 1976 Honorable Mayor and City Council 1 herewith submit the reports of the City Treasurer, Finance Director, Health Department, Water Superinten- dent, as well as a list of claims paid, for the month of August 1976, Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Nays — None. September 28. 1976 To the Honorable Mayor and City Council Mr. L. R. Sanfter of Modern Building Systems has requested the installation of two street lights along Hillcrest Road, adjacent to their new development. The City Electrical Inspector has met with Mr. Sanfter and reviewed the loca- tion. The Inspector recommends that two 175 watt mercury vapor fixtures be installed as requested. It is requested that you approve the installation of these lights. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed and request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of Janaan Mills, in behalf of Jennifer L. Mills, a minor, for personal injuries received by said minor, in the amount of $70., at Allison Hen- derson Park on June 1, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of Mrs. Gloria Lem stra, in an undetermined amount, for personal property damage as the result of wet paint (in a parking meter post at 9th Street Parking Lot on September 16, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of J. Robert Alvis 111, in the amount of $15.00, for car damage incurred as the result of a faulty en- trance arm at the Locust Street Parking Ramp on September 8, 1976; presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of American Interinsurance Exchange, being subrogation rights, as the result of theft of a motor and gas tank from a motor boat owned by Keith Marugg, their insured, in the amount of $175., on June 27, 1976, presented and read. Councilman Tully moved that the Notice be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Public Hear- ing to consider sewage rates and charges increases, 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 Stackis moved that the proof of publication be received and riled. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mavor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 48-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 35-57 BY REPEALING SUBSECTION a. OF SECTION 4 THEREOF AND ENACTING A NEW SUBSECTION a. OF SECTION 4 IN LIEU THEREOF; BY REPEALING SU& SECTION b. OF SECTION 4 THEREOF AND ENACTING A NEW SUBSECTION b. OF SECTION 4 IN LIEU THEREOF; BY REPEALING SUBSECTION c. 5 OF SECTION 4 THEREOF AND ENACT- ING A NEW SUBSECTION c. 5 OF SECTION 4 IN LIEU THEREOF; BY REPEALING SECTION 8 THEREOF AND ENACTING A NEW SECTION 81N LIEU THEREOF TO PROVIDE FOR REVISION OF SCHEDULE OF RATES, TO PROVIDE FOR MINIMUM SEWAGE RENTAL CHARGES AND TO PROVIDE FOR PENALTY FOR FAILURE TO PAY Regular Session, October 4, 1976 SUCH CHARGES; AND REPEALING ORDINANCE NO. 65-58, said ordinance having been previously presented and read at the Council Meeting of September 13, 1976, present- ed for final adoption. ORDINANCE NO. 48-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 35-57 BY REPEALING SUBSECTION a. OF SECTION 4 THEREOF AND ENACTING A NEW SUBSECTION a. OF SECTION 4 IN LIEU THEREOF; BY REPEALING SUB- SECTION b. OF SECTION 4 THEREOF AND ENACTING A NEW SUBSECTION b. OF SECTION 4 IN LIEU THEREOF: BY REPEALING SUBSECTION c. 5 OF SECTION 4 THEREOF AND ENACT- ING A NEW SUBSECTION c. 5 OF SECTION 4 IN LIEU THERE OF: BY REPEALING SECTION 8 THEREOF AND ENACTING A NEW SECTION 8 I LIEU THEREOF TO PROVIDE FOR REVISION OF SCHEDULE OF RATES, TO PROVIDE FOR MINIMUM SEWAGE RENTAL CHARGES AND TO PROVIDE FOR PENALTY FOR FAILURE TO PAY SUCH CHARGES; AND REPEALING ORDINANCE NO. 65-68. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 35-57 be and the same is hereby amended by repealing Subsection a. of Section 4 thereof and enacting a new Subsection a. of Section 4 in lieu thereof as follows. "Section 4 a. Basic Charges: The sewage rotes and charges shall be based on the quantity of water used in or in the Property or premises, as the same is measured by the water meter there in use, except as herein otherwise stat- ed. Water meters will be read monthly (or a period equalling once every month) or bimonthly (or a period equalling once every two months). Payment for the sewage service charge shall be paid to the City's collection agent at the same time Payment is made for water service. 89ctlon 2. That Ordinance No. 35-57 be and the same is hereby amended by repealing Subsection b. of Section 4 thereof and enacting a new Subsection b. of Section 4 in lieu thereof as follows: "Section 4 b. Schedule of Rates Monthly Rates First 200 cubic feet $ .90; Next Boo cubic feet at $ .45 per hundred cubic feet; Next 1,000 cubic feet at $ .39 per hundred cubic feet; Next 1,000 cubic httat$.35per hundred cubic feet; Next October 4, 1976 497 1$000 cubic feet at $ .31 per hundred cubic feet; Next 35,0110 cubic feet at $ .29 per hundred cubic feet; Next 50,000 cubic feet at $ .27 per hundred cubic feet; Balance at $.22 per hundred cubic feet. Bimonthly Rates First 400 cubic feet $1.80; Next 1,600 cubic feet at $ 45 per%undred cubic feet; Next 2,000 cubic feet at $ .39 per hundred cubic feet; Next 2,000 cubic feet at S .35 per hundred cubic feet; Next 4.0(K) cubic feet at $ .31 per hundred cubic feet; Next 70,000 cubic feet at $ 29 per hundred cubic feet; Next 100,000 cubic feet at S .27 per hundred cubic feet: Balance at $ .22 per hundred cubic heat Section 3. That Ordinance No. 35.57 be and the same is hereby amended by repealing Subsection e. 5 of Section 4 thereof and enacting a new Subsection c. 5 of Section 4 in lieu thereof as follows: "Section 4 c. 5 In order that the rates and charges may be modestly and equitably adjust- ed to the service rendered the City shall have the right to base its charges not only on volume but also on the strength of character of the sewage and wastes deposited in the system by the con- tributor. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sanitary sewage system, in such manner and by such methods as it may deema practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with individual contract ba- sis when concentration of the sewage exceed 300 milligrams per liter of bio- chemical oxygen demand, 350 milli- grams per liter of suspended solids ort% or more of the flow rate into the sewage treatment plant." Seclbn 4 c. 7 "Where the quantity of water con- sumed is such that the minimum water service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Monthly Rates meter, minimum charge $ .90 ol- lowance 200 cubic feet; IN meter, min- imum charge $3.60 allowance 800 cubic feet, I" meter, minimum charge $5.75 allowance 1,300 cubic feet; 1'4" meter, minimum charge $8.75 allowance 2,100 488 Regular Session, October 4, 1976 cubic feet; I,h" meter, minimum charge $10.75 allowance 2,600 cubic feet; 2" meter, minimum charge $17.50 al- lowance 4,600 cubic feet; 3" meter, min- imum charge $35.50 allowance 10,600 cubic feet; 4" meter, minimum charge $54.50 allowance 16,800 cubic feet; 6" meter, minimum charge $112.50 al- lowance 36,800 cubic feet; 8" meter. minimum charge $184.50 allowance 62,500 cubic feet. Bimonthly Rates " meter, minimum charge $1.80 al- lowance 400 cubic feet; 4" meter, min- imum charge $7.20 allowance 1,600 cubic feet; I" meter, minimum charge $11.50 allowance 2,600 cubic feet; ICi" meter, minimum charge $17.50 al- lowance 4,200 cubic feet; 114" meter, minimum charge $21.50 allowance 5,300.cubic feet; 2" meter, minimum charge $35.00 allowance 9,300 cubic feet. Sedlon S. That Ordinance No. 35-57 be and the same is hereby amended by repealing Section 8 thereof and enacting a new Section 8 in lieu thereof, as follows: "Section 8. Failure to Pay. The City shall have u lien upon the real property served by the sanitary system for all delinquent rates and charges. Bills for sewage charges shall be delinquent when same are unpaid for fifteen (15) days following the due date and if not paid a penalty of five (5) per cent shall be added to the sewage rental bill, but such penalty shall not he less than $.50. The City Clerk shall certify within ten (10) days of the following dates, to the Dubuque County Auditor for collection with and in the same manner us property taxes and to establish the real property liens, all rates and charges which are delinquent over fifteen (15) days on the first day of March, June, September and December." Sectlon 6. That Ordinance No. 65-68 be and the same is hereby repealed. SeCdon 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober, 1976 Leo F. F'rommelt City Clerk It 10/7 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol. lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. September 14, 1976 Honorable Mavor and City Council I recommend for your favorable con- sideration an amendment to the traffic ordinance which would require vehicles traveling on Langworthy to stop at Nevada and Booth. Also, I recommend amendments to the parking meter ordinance permitting 10 hour meters on the north side of Fourth Street between Locust and Bluff, and one hour meters on the south side of Ninth Street between Locust and Bluff. I have attached letters of Acting Chief Jenaman in which he explains the proposed changes. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tullv. Wertzberger. Nays — None. ORDINANCE NO. 49-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 30 AND A NEW SUBSECTION 31 TO SECTION A OF SCHEDULE III THERETO TO STOP EAST AND WEST BOUND VEHICLES BEFORE ENTERING THE INTERSEC- TIONS OF LANGWORTHY AND BOOTH, AND LANGWORTHY AND NEVADA STREETS, PRESENTED AND READ. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman "fully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is Regular Session, October 4, 1976 taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays _ None. ORDINANCE NO. 49-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 30 AND A NEW SUBSECTION 31 TO SECTION A OF SHCEDULE III THERETO TO STOP EAST AND WEST BOUND VEHICLES BEFORE ENTERING THE INTERSEC- TIONS OF LANGWORTHY AND BOOTH, AND LANGWORTHY AND NEVADA STREETS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That Ordinance No. 33.49 known as the Traffic Code of the City of Dubuque, Iowa, be and the same is hereby amended by adding a new Sub- section 30 and a new Subsection 31 to Section A of Schedule 111 thereto as follows: "Section A. East -bound and west. bound vehicles must stop before enter- ing the intersection of 30. Langworthy and Nevada 31. Langworthy and Booth." Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Ma vor Thomas A Tully Jr. Richard Wertzberger James E. Brady Emit Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober. 1976. Leo F. Frommelt It 10/7 City Clerk Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 50-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREET PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA", AS AMENDED BY REPEALING SUBSEC- 489 TION 6.3.9 OF SECTION 6.3 OF PARK- ING METER DISTRICT C THEREOF AND ENACTING A NEW SUBSECTION 6.3.9 OF SECTION 6.3 PARKING METER DISTRICT C. IN LIEU THER- EOF TO LIMIT THE PARKING OF MO- TOR VEHICLES ON STREET HEREIN- AFTER DESIGNATED, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, .Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 50-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREET PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA," AS AMENDED BY REPEALING SUBSEC- TION 6.3.9 OF SECTION 6.3 PARKING METER DISTRICT C THEREOF AND ENACTING A NEW SUBSECTION 6.3.9 OF SECTION 6.3 PARKING METER DISTRICT C. IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREET HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque. Iowa," be and the same is hereby amended by repeating Subsection 6.3.9 of Section 6.3 Parking Meter District C and enacting a new Subsection 6.3 Parking Meter Dis- trict Cin lieu thereof as follows: "63 Parking Meter District C 6.3.9 Fourth Street, Both sides between Locust and Bluff Streets." Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richarvd Werizberger James E. Brady E'rnil Stackis Councilmen 490 Regular Session, October 4, 1976 ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc tober, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vole: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 51-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREETS PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA", AS AMENDED BY REPEALING SUBSEC- TION 6.1.9 OF SECTION 6.1 PARKING METER DISTRICT A THERETO AND ENACTING A NEW SUBSECTION 6.1.9 OF SECTION 6.1 PARKING METER DISTRICT A IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREETS HEREIN- AFTER DISIGNATED, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to th the meeting when final action is taken, be dispensed with. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 51-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREET PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA", AS AMENDED BY REPEALING SUBSEC- TION 6.1.9 OF SECTION 6.1 PARKING METER DISTRICT A IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREETS HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S*cUon 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa," be and the same is hereby amended by repealing Subsection 6.1.9 of Section 6.1 Parking Meter District A in lieu thereof as follows: "6.1 Parking Meter District A 6.1.9 Ninth Street, Northside between Iowa and Locust Streets, and the South side between Locust and Bluff Streets." Passed, approved and adopted this 4th day of October, 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober, 1976. Leo F. Frommelt City Clerk It10/7 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing amending Zoning Ordinance to in- clude posting and notice to abutting property owners on matters subject to the issuance of a conditional use permit, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 52-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", BY REPEALING SECTION 6-106.3 OF AR- TICLE VI THEREOF AND ENACTING A NEW SECTION 6.106.3 OF ARTICLE VI IN LIEU THEREOF, TO INCLUDE THE POSTING OF PROPERTY AND NO- TICE TO ABUTTING PROPERTY OWNERS ON MATTERS SUBJECT TO Regular Session, October 4, 1976 THE ISSUANCE OF A CONDITIONAL USE PERMIT, said Ordinance having been previously presented and read at the Council meeting of September 7. 1976, presented for final adoption. ORDINANCE NO. 52-76 AN ORDINANCE AMENDING AND CHANGINE ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA," BY REPEALING SECTION 6-106.3 OF AR- TICLE VI THEREOF AND ENACTING A NEW SECTION 6-106.3 OR ARTICLE VI IN LIEU THEREOF, TO INCLUDE THE POSTING OF PROPERTY AND NO- TICE TO ABUTTING PROPERTY OWNERS ON MATTERS SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32.75, known us the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", he and the same is hereby amended by repealing Section 6.106.3 of Article VI therrof and enacting a new Section 6.106.3 in lieu thereof, as follows: "ARTICLE VI Section 6.106.3 Notice and Hearing on An Application for u Conditional Use Permit Following receipt of the completed application form and all additional information required by the Board from the applicant pursuant to Section 6-106.2 of this Article, the Board shall with due diligence hold a public hearing to consider the application for a Conditional Use Permit. Notice of the time and place of the public hearing shall be pub- lished in the newspaper of general circulation at least fifteen (15) days prior to such heanng. The Board shall send notice of the time and Place of the hearing by certified mail to all owners of property abutting the property for which the Conditional Use is sought, and further, shall post the property, no less than fifteen (15) days pnor to the hearing, with the prominent Placement of u sign noting Condi tionul Use Permit pending and the time and place of the hearing. However, where the notice and heanng requirements of this Article are in excess of that required by 491 State law, such requirements are intended to he directory only and not mandatory or jurisdictional, and a failure to meet such extra Procedural requirements shall not invalidate any action subsequently taken by the Board. At the public hearing all interested parties shall be afforded a reasnnable oppor. tunity to appear and express their views on the application, either in person or by agent." Seetlon 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober, 1976. Leo F. Frommelt City Clerk 10017 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 16, 1976 Honorable Mayor and Councilmen The Citv of Dubuque Planning and Zoning Commission has held a public hearing, on referral by City Council, to expand a recently approved Vi block Light Industrial District in the Wa- shington Street Neighborhood to in- clude a one-half block area bounded on the north by 13th Street, on the west by Elm Street, on the south by 12th Street, and on the east by the alley lying between Elm Street and the railroad tracks in the City of Dubuque, Iowa. A petition bearing the names of 8 property owners in the subject area who endorse the reclassification was sub- mitted to the Commission and is hereto attached. The Commission has found the L-1 Light Industrial District clas- 492 Regular Session, October 4, 1976 sification to be appropriate and recom- mends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa", so as to reclassify hereinafter described properties bounded on the North by 13th Street, on the South by 12th Street, on the West by Elm Street, and on the East by the alley lying between Elm Street and the Railroad Tracks, from the H-1 Heavy Industrial District to the L -I Light Industrial District Classification, presented and read. Councilman Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Stackis moved that a public hearing be held on the Ordinance on November 1, 1976 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mavor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 23, 1976 To the Honorable Mayor and City Council In our FY 77 Budget an adjustment of refuse collection rates was reflected in our anticipated revenue. We are now submitting an ordinance adjusting the monthly charge from $1.75 to $2.50 per account (See Exhibit 1). The estimated annual expenses for FY 77 are $423.057 and for FY 78 are $502,009 (See Exhibit 2). Operational costs in FY 76 were essentially equivalent to revenue received. In- creased costs in FY 77 and FY 78 are the result of wage adjustments, higher cost of motor vehicle operation with addi- tional mileage to the new landfill and higher gate fees at the new landfill. The anticipated revenue with the new rate effective January 1, 1977 for FY 77 would be $423,122. The anticipated revenue for FY 78 with the new rate being in effect for the full 12 months would be $497,790 (Exhibit 3). Revenue from the proposed rate will essentially cover the anticipated expenses in FY 77 and FY 78. The ordinance has also been amended to grant an exemption of one-half of the estimated collection fee for a residential premise when the head of the household is 65 years of age or older and has a family income not exceeding $5,000. Presently this exemption applies if the income of the household is less than $4,000. Your adoption of the attached ordin- ance incorporating the new rate struc- ture is requested. Francis A. Murray Public Works Director Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 53-76 AN ORDINANCE PROVIDING FOR MUNICIPAL COLLECTION OF GAR- BAGE AND REFUSE; DEFINING TERMS; PRESCRIBING RULES AND REGULATIONS THEREFORE; ESTAB- LISHING A COLLECTION FEE THEW EFORE; REQUIRING CITY MANAGER TO PREPARE "DELINQUENT LIST" AND PROVIDING FOR THE COLLEC- TION OF DELINQUENT CHARGES AS PROVIDED BY LAW; RESTRICTING THE PRIVATE COLLECTION OF GAR- BAGE AND REFUSE; PROVIDING FOR THE LICENSING AND REGULATION OF PRIVATE GARBAGE AND REFUSE COLLECTORS; PRESCRIBING RULES AND REGULATIONS FOR HAULING GARBAGE, REFUSE AND OTHER WASTE MATERIALS WITHIN OR THROUGH THE CITY OF DUBUQUE; PROHIBITING THE DEPOSIT OF LIT- TER WITHIN THE CITY OF DUBUQUE; Regular Session, October 4, 1976 PROVIDING PENALTIES FOR VIOLA- TION THEREOF; AND REPEALING ORDINANCE NO. 66-70 PRESENTED AND READ Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 53-76 AN ORDINANCE PROVIDING FOR MUNICIPAL COLLECTION OF GAR- BAGE AND REFUSE; DEFINING TERMS; PRESCRIBING RULES AND REGULATIONS THEREFORE; ESTAB- LISHING A COLLECTION FEE THER- EFORE; REQUIRING CITY MANAGER TO PREPARE "DELINQUENT LIST' AND PROVIDING FOR THE COLLEC- TION OF DELINQUENT CHARGES AS PROVIDED BY LAW; RESTRICTING THE PRIVATE COLLECTION OF GAR- BAGE AND REFUSE; PROVIDING FOR THE LICENSING AND REGULATION OF PRIVATE GARBAGE AND REFUSE COLLECTORS; PRESCRIBING RULES AND REGULATIONS FOR HAULING GARBAGE, REFUSE AND OTHER WASTE MATERIALS WITHIN OR THROUGH THE CITY OF DUBUQUE; PROHIBITING THE DEPOSIT OF LIT- TER WITHIN THE CITY OF DUBUQUE: PROVIDING PENALTIES AND VIOLA- TION THEREOF; AND REPEALING ORDINANCE NO. 66-70 NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For the purpose of this Ordinance the following definitions shall apply: (a) "Garbage" shall mean any and all refuse from food incidental to its Preparation or use for human consumption; (b) "Refuse" shall mean all solid waste or semi-solid material from re- sidential or business premises. it may include semi-liquid or wet wastes but must not be free flowing. It shall not include any construction materials ex - 493 cept minor amounts incidental to other wastes. (C) "Owner" shall mean, in addition to the record title holder, any person re- siding in, renting, leasing, occupying, operating or transacting business in any Premise and as between such parties the duties responsibilities, liabilities and obligations hereafter impmsed shall be joint and several. (d) "Dwelling" shall mean and in- clude any building or portion thereof containing one or more dwelling units. (e) "Dwelling Unit" shall mean and include one or more connected rooms having complete kitchen facilities and arranged, designed or used as living quarters for one family only. (f) "Class I Premises" shall mean and include 1) a single family dwelling: 2) a multiple family dwelling up to and in- cluding six dwelling units. Any series of two or more laterally connected or ioined dwelling units in which each d"I ing unit has separate access and utility service and in which no dwelling unit is placed on top of another dwelling unit, including townhouses and row housing, shall constitute a single-family dwelling. (9) "Class 11 Premise" shall mean and include 1) ordinary business and com- mercial places; 2) schools, hospitals, colleges, churches, nursing homes and other semi -private institutions: 3) a multiple family dwelling exceeding six dwelling units. Seedon 2. The City Manager is her- eby authorized and directed to employ city owned vehicles and equipment and the necessary operating personnel to collect garbage and refuse and to collect fees and administer the program as provided for in this ordinance in the City of Dubuque, upon the following terms and conditions: (a) Collections shall be made not more than twice weekly, at such time and in such areas of the city as shall be set out in schedules prepared by the City Munager. (b) City garbage and refuse collection from "residential premises" as defined in Section I shall be mandatory. Except us qualified below in this subsection, a fee of Two Dollars and Fifty Cents ($2.50) per month shall be charged by the City of Dubuque, Iowa and collected from each ..owner" of a residential premise" for such service effective Oc- tober 11, 1976. Said charge or fee shall be in payment for collection and dispo- sal of gurbage and refuse as defined. Exceptions to the established collec- 494 Regular Session, October 4, 1976 tion charge from "residential premises" are as follows" 1 When a "residential premise" has been vacant for a period of three consecutive months or longer the "owner" may apply for a credit under procedures to be established by the City Manager. Such exemption shall continue only so long as the "residen- tial premise" is vacant. 2 A "residential premise" when the head of household is 65 years of age or older and with a per family annual income of $5,000 or less may, upon application, be exempted from one- half (%) the established collection charge. 3 In cases of extreme financial hard- ship the City Manager may and is hereby authorized and empowered to make adjustments in the monthly collection charge. In all such oases the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as he may deem necessary. (c) The city shall continue to collect from "commercial and business premises" currently receiving such ser- vice. The charge for such collection service shall be based upon the average weekly quantity of garbage and refuse being collected as determined by the City Manager. The rate charged shall be a multiple of the rate charged "residen- tial premises" set forth in section 2(b) as follows: Zero (0) to 120 gallons of garbage and refuse per week shall be charged the residential premises rate times 1.00. The next 120 gallons per week or fraction thereof shall be charged the residential premises rate times .75. All additional units of 120 gallons per week or fraction thereof shall be charged the residential premises rate times .50. "Commercial and business premises" no longer wishing to be served by city garbage and refuse collection shall provide the city with thirty (30) days written notice of its intent to terminate the service. Such termination of service shall be effective with the next billing period. "Commercial and business premises" not now served by city garbage and refuse collection services may apply for such collection services from the City Manager. The collection rate will be determined from the fee schedule set forth above in this subsection. The city reserves the right to refuse garbage and refuse collection service because of quantities or characteristics beyond the capacity or capability to be handled efficiently by city personnel and equipment. (d) The City Manager is hereby auth. orized and empowered to change or amend collection schedules from time to time as he, in his discretion, shall deem necessary. (0) Where collections are made from alleys, garbage and refuse containers shall be placed at the property line abutting the alley on the days designat. ed in such schedule. (f) Where collections are made from the street, garbage and refuse con- tainers shall be placed in the street on the property side of the curb on the days designated in said schedule. However, such containers shall be placed so as not to interfere with vehicular and pedes- trian traffic and emptied shall be promptly removed by the occupant of the premises. (y) The quantity of garbage and refuse to be collected by the city shall not exceed 120 gallons per week for each single family dwelling unit as defined in Section 1. Secdon 3. The City Manager shall bill for collection service from a record of accounts registered for billing on Oc- tober 11, 1976. Subsequently, the City Manager is authorized to bill tenants upon the request of the property owner according to a procedure to be estab- lished by the City Manager. the property owner in such cases shall agree to provide data on tenants movements. In cases of no city water or sewer service the city shall bill the 'owner." "Residential premises" accounts shall be billed bi-monthly. "Business and commercial" accounts shall be billed monthly. All collection charges are payable in advance. Sec*m 4. The collection of garbage and refuse as provided by this ordinance from "residential premises" as defined in Section 1 and maintenance of the abailability of such service, whether or not such service is used regularly or not at all by the "owner" of such "residen- tial premises," is hereby declared a ben- efit to the said premises at least equal to the monthly charges specified in this ordinance and in case of failure to pay the monthly charge when billed as her- etofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. SmUon S. At least annually the City Manager shall prepare a "delinquent Regular Session, October 4, 1976 list, of persons failing to pay the monthly charge required by this ordin- ance listing the residential premises for which the service was rendered and the amount due therefrom. Resolutions shall thereupon be prepared assessing the delinquent charges to the properties so benefited. Such resolution, properly passed by the City Council, shall be certified by the City Clerk to the County Auditor and sumo shall then be collect- ed with, and in the same manner, as general property taxes. Section 6. Refuse shall he placed in suitable containers. However, it shall not he necessary to place books, boxes, magazines or newspapers in containers- provided ontainerprovided they are securely tied in bun- dles or completely contained in disposa- ble boxes not longer than 20 x 30 x 36 inches. Also, tree limbs and branches may be securely tied in bundles not longer than 48 inches long and 18 inches in diameter. Refuse container and garbage con- tainers shall be not more than 31 gallons nor less than 9 gallons in capacity; except when only one container is used, in which case this container maybe less than 9 gallons in capacity. Such con- taoners shall be waterproof and fitted With a tight lid. The containers shall have handles, bails, or other suitable lifting device or feature. The containers shall be a type originally manufactured for refuse or garbage, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed 75 pounds. Galvanized iron and similar metal con- tainers, rubber or fiberglass containers, and plastic container which do not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and similar salvaged containers shall not be acceptable. Baskets, boxes and non -complying refuse or garbage cans or containers shall be considered disposable refuse and shall be removed by the collection crews if they are the proper size and otherwise acceptable for collection. or Shull be left uncollected if they are larger than the allowable size or unac- ceptable for collection. Section 7. Within the corporate limits of the City of Dubuque, all garbage or refuse, consisting of waste animal and vegetable matter, which may attract Pies. dogs or rodents, shall be drained of all excess liquid, wrapped in taper or disposable containers, and placed or stored, until collected, in covered suita- 495 lite containers as described in Section 6 above. Section 8. It shall he unlawful for any Person to permit to accumulate on any Premises, improved or vacant, or on any public place in the City of Dubuque, such quantities of garbage, either in containers or not, that shall, in the option of the health officer, constitute a health or sanitation hazard. Section 9. It shall be unlawful forany Person to accumulate quantities of refuse, papers, trash, ashes or other waste materials within or close to any building in the City of Dubuque, unless the same is stored in containers in such a manneras not to create a health or fire hazard Section 10. No person, firm, or cor- poration shall engage in the business of removing or hauling garbage or refuse from the premises of others unless such person, firm or coprporation shall have first applied forand received a permit to do so from the City Manager. The isuance of this license shall be in the manner prescribed and subject to the terms of Ordinance 3-33 of the City of Dubuque, Iowa. Application for such permit shall specify the equipment of vehicles to be used, the route to be traveled, the places to be served and the name and residence of the applicant, and such person, firm or corporation shall pay an annual license fee of Twenty-five Dollars ($25.00) per year for each vehicle engaged in such business to be paid at the office of the City Trea- surer in the City of Dubuque, Iowa. All vehicles licensed under this section shall prominently display the license number on the left and right sides of the vehicle in letters not less than 3" high. Section 11. No person, form or cor- poration shall haul any garbage or refuse upon the streets. alleys or public places of the City of Dubuque unless some shall be in approved containers, securely fastened to prevent spillage, or in a totally enclosed watertight vehicle. If, however, the material is dry type material it may be hauled in a totally enclosed vehicle, or open vehicle which is covered with a suitable tight fitting camas turpaulin or similar cover to prevent spillage. Licensed collectors who collect and haul garbage and/or refuse shall haul these materials only in totally enclosed, watertight vehicles or totally enclosed vehicles with water- tight containers. All vehicles used for the collection and removal of garbage and refuse shall be kept in a clean, inoffensive, and sunitary condition. All garbage and refuse shall be handled in 496 Regular Session, October 4, 1976 such a way as to prevent the scattering, spilling or leakage of same. Section 12. No person, firm or cor- poration shall haul or cause to be hauled any garbage, refuse, or other waste material of any kind, to any dumping place, or site or area within the corpor- ate limits of the City of Dubuque or within any distance of the corporate limits of the city over which the city has legal jurisdiction, unless such place, site or area is first approved by the City Council of the City of Dubuque, Iowa. Section 13. No person, firm or cor- poration shall deposit in a garbage or refuse container or otherwise offer for city collection any hazardous garbage, refuse or waste. Hazardous materials shall be transported by the owner, re- sponsible person or his agent, to a place of safe deposit or disposal as permitted by city, State or Federal regulations. Hazardous materials shall include: ex- plosive materials; rags or other waste soaked in volatile and inflammable ma- terials; drugs; poisons, radioactive ma- terials, motion picture film and similar highly combustible materials; soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease; and other mater- ials which may present a special hazard to collection or disposal personnel or equipment or to the public. Section 14. No person, firm or cor. poration shall throw, rake, deposit, dump, drop or spill litter, waste material or foreign material upon the streets, sidewalks, rights-of-way or any public or private property within the City of Dubuque. However, the City Manager, at his discretion, may proclaim a period when leaves may be placed in street rights-of-way for collection. Section 15.0rdinance No. 66.70 is hereby repealed. Section 16. All ordinances or parts of ordinances in confilct with this ordin- ance are hereby repealed. Section 17. If any section, sentence or Part of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 18. Any person, firm, or cor- poration violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $100.00 or be imprisoned for not more than 30 days. Section 19. This ordinance shall be in full force and effect after its final pus - sage, approval and publication as provided by law. Passed, approved and adopted this 4th day of October. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of Oc- tober, 1976. Leo F. Frommelt City Clerk 1110/8 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 4, 1976 To the Honorable Mayor and City Council 1 would recommend that the petition of Mr. Runde to construct a wall in the alley behind Lot 29 in Althauser's Sub- division be denied, in lieu of the following. Mr. Runde should remove his fill in the alley down to the previous grade along the property line of Mr. Welter's side of the alley, and also remove the fill and extension in height of the concrete slab wall which crosses the alley behind Mrs. Nutt's lot. After the fill is removed 1 would recommend that Mr. Runde be granted the privilege to come up from the exist- ing grades on a two -to -one slope to the grade he has proposed as being nearly level with his garage floor. This slope shall be sodded and maintained by Mr. Runde, and the top edge shall have some type of precast concrete bumper blocks installed. This will approximately restore the alley along Mr. Welter's side to its original grade and allow Mr. Runde access to his garage. Gilbert D. Chavenelle City Manager Mr. Runde addressed the Council stating he can get along with recom- mendation by the City Manager. Mr. Welter voiced objection to the recommendation. Councilman Brady moved to table the matter. Seconded by Councilman Stackis. Carried by the following vote: Session, October 4, 1976 Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Nicholas J. Kass request- ing refund of $150., on unexpired por- tion of Class "B" Beer Permit B-4796, discontinued business on September 14, 1976, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Nicholas J. Kass request- ing refund of $75., on unexpired portion of Cigarette License No. 987, discontin- ued business on September 14, 1976, presented and read. Councilman Brady 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of St. Columbkille's Church requesting refund of $225., on unexpired portion of Class "B" Beer Permit -6325-76, discontinued business on September 10, 1976, presented and read. Councilman Brady 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Church of the Nativity requesting refund of $225., on unexpired portion of Class "B" Beer Permit No. 5324, discontinued business on Sep- tember 13, 1976, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. j Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Gene Sullivan requesting consideration in the purchase of City - owned property at 100 W. 4th Street being the Ely 84' of Lot 169 and the Nly 21" of Ely 84' of Lot 190, presented and read. Mr. Sullivan spoke to the Council relative to petition. Councilman Stackis moved that the petition be referred to the City Manager for investigation and 497 report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Y's Men's Club requesting permission to schedule the Annual Halloween Parade on October 27, 1976, presented and read. Council- man Wertzberger moved that the request be approved subject to approval of the Manager. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Wahlert High School by Tim Carr, requesting permission to conduct a Homecoming Parade .on Oc- tober 22, 1976, presented and read. Councilman Wertzberger moved that the request be approved subject to final approval of the Manager. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Ronald Hixon et al (8 signers) requesting vacation of an alley running east from Finley for % block, parallel with Cherry Street on the North and University Ave. on the South, pre- sented and read. Councilman Tully 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 24,1976 Honorable Mayor and Members of the City Council The regulations governing the property management phase of the Downtown Urban Renewal Project stipulate that occupants of property acquired by the city for the project pay fair rentals. Additionally, the prescribed accounting system requires the accru- ing of rents and, as the occasion may demand from time to time, to charge-off uncollectible rents. The attached resolution provides for the charge-off of the following tenant accounts. Account 28 — $34,04 The tenant vacated owing $34.01 which represents a partial month's rent. The tenant filed a relocation claim which was rejected for lack of 498 Regular Session, October 4, 1976 documentation to support certain costs. The tenant has not perfected the claim despite numberous requests from the department. The claim is barred by t ime However, in the event the claim is pur- sued and approved, a waiver of the time element would be secured and the out. standing rent offset against the reloca- tion payment. Account 52 — $1,600.00 This occupant was the former owner of the property acquired through lengthy condemnation proceedings. The occupant objected to the project and refused to pav rent. The occupant has not filed for a relocation payment. Such a payment would be equal to, or in excess of, the unpaid rental. If such a claim is riled, the rental would be an offset. Account 122 — $3.22 credit This account represents four young ladles who vacated a furnished apart- ment prior to the end of a month for which they previously paid for the full month. We have been unable to locate their whereabouts for the purpose of refunding the unearned rental. Further costs In this endeavor are not warranted. Account 227 — $70.00 This occupant was a temporary ten- ant of cleared land to park service vehi- cles. It became difficult to police the lot, and with some justification the oc- cupant vacated. The question of rent really involved the parking of the vehi- cles after the lot was supposedly vacat- ed. In view that the occupant did become a redeveloper of cleared land within the project, it appears advisable not to pursue the matter any further. For your further information, we provide you with the following sum- mary of rent collections. We believe this record evidences very satisfactory per- formance of the responsibility to collect rentals, and we would request your adoption of the attached resolution. Accrued rentals through 7/30170 6317,1 46.10 100.011% Denitnquent rentals Charged-dt to date 6166 75 Requested to be charged oB 1,700.6$ 1.80 57 — 50 _ Actual Rents I ullected 6313,57571 W.41% Gent Wittenberg Acting Assistant City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady RESOLUTION NO. 349-76 Authorizing the charge oft of Accrued Delinquent Rentals for the Down- town Urban Renewal Project, Iowa R-15 WHEREAS, in the administration of the Property Management Program from the Downtown Urban Renewal Project, Iowa R-15, rentals are accrued and collected from occupants of ac- quired properties; and WHEREAS, there have accrued cer- tain uncollectable rentals which in the best interest of the Project should be charged off; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That it is hereby found and determined that there is no reasonable prospect of collection or that the probable costs of further efforts to col- lect would not be warrant of the fol- lowing delinquent rentals. Account Number Amount 28 S 34.04 52 $1,600.00 122 ($3.22) 227 $ 70.00 Section 2. That the Director of the Department of Community Develop- ment be and he is hereby authorized and directed to charge off in the appro- priate accounting records for the Downtown Urban Renewal Projects, Iowa R-15, the aforementioned accrued delinquent rentals. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mavor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. September 17, 1976 To the Honorable Mayor and City Council As City Engineer I hereby certify the cost of the Judson Drive sanitary sewer Regular Session, October 4, 1976 from Asbury Road to a point 4,94 feet south to be as follows: Sanitary sewer costs paid by M.F. Goerdt Construction Co. Engineering $ 457.04 Fondell and Sons 7,316.50 M. F. Goerdt 1,380.46 Total $9,154.00 Total lineal feet of property abutting sewer is 950.57 feet Total cost per property foot is $9.63 The sewer cost for the north half of Lot 2 and south half of Lot 2 of Vorwald Place No. 2 has been satisfied in the property purchase price of these lots. Michael A. Koch Acting City Engineer Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Canned by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger Nays — None. RESOLUTION NO. 350-76 Resolution establishing a connection charge for the Sanitary Sewer Constructed by M.F. Goerdt Con- struction in Judson Drive from Asbury Road to a point 454 feet South of Asbury Road. WHEREAS, the City Engineer has inspected the same and the City Man- ager has accepted said sewer; and WHEREAS, the City Engineer under said Ordinance has filed with the City Council a certified statement showing all amounts paid in connection with the construction of said sewer. NOW, THEREFORE, BE IT RE- SOLVED by the. City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to connect with said sewer shall first apply to the City Man- ager for permission to do so, and such Permission shall be granted upon con- dition that the applicant shall pay to the City Treasurer for the account of the Judson Drive sanitary sewer a connec- tion charge of $9.63 per foot. Section 2. That the following Propenies will pay the above prorated connection costs. Lot 2-2.1-1-1.1.1-2 Mineral Lot 263 - 100 foot frontage Lot 1-2-1-1-1.1-1-2 Mineral Lot 263 - 167.77 foot frontage Lot 2.1.1-1-1 Mineral Lot 263 200 foot frontage Lot 1 of Vorwald Place No.2 - 302.8 foot frontage 499 N. 1h of Lot 2 of Vorwald Place No. 2 -90 foot frontage S. "i of Lot 2 of Vorwald Place No. 2.90 foot frontage Section 3. That the City Clerk he and he is hereby authorized and directed to record a certified copy of this Resolu. tion in the office of the County Recorder of Dubuque County. Iowa. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting a resolu- tion combining two committees of the Housing Rehabilitation Commission, the Financial Resources Committee and the Loan and Counseling Committee, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 351-76 Combining two Committees of the Housing Rehabilitation Commission WHEREAS, Exhibit "A" of the City Council Resolution dated July 28, 1975, in establishing the Housing Rehabilita- tion Commission, listed the names and responsibilities of the Standing Com- mittees of that Commission; and WHEREAS, that, in the year of Com- mission activity since that resolution, the responsibilities and area of concern Of two of these committees. the Finan- cial Resources Committee and the Loan and Counseling Committee have been found to overlap to a large degree; now i herefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Financial Re- sources Committee and the Loan and 498 Regular Session, October 4, 1976 documentation to support certain costs. The tenant has not. perfected the claim despite numberous requests from the department. The claim is barred by time. However, in the event the claim is pur- sued and approved, a waiver of the time element would be. secured and the out- standing rent offset against the reloca- tion payment. Account 52 — $1,600.00 This occupant was the former owner of the property acquired through lengthy condemnation proceedings. The occupant objected to the project and refused to pay rent. The occupant has not filed for a relocation payment. Such a payment would be equal to, or in excess of, the unpaid rental. If such a claim is filed, the rental would be an offset. Account 122 — $3.22 credit This account represents four young ladles who vacated a furnished apart- ment prior to the end of a month for which they previously paid for the full month. We have been unable to locate their whereabouts for the purpose of refunding the unearned rental. Further costs in this endeavor are not warranted. Account 227 — $70.00 This occupant was a temporary ten- ant of cleared land to park service vehi- cles. It became difficult to police the lot, and with some justification the oc- cupant vacated. The question of rent really involved the parking of the vehi- cles after the lot was supposedly vacat- ed. In view that the occupant did become a redeveloper of cleared land within the project, it appears advisable not to pursue the matter any further. For your further information, we provide you with the following sum- mary of rent collections. We believe this record evidences very satisfactory per- formance of the responsibility to collect rentals, and we would request your adoption of the attached resolution. Accrued rentals through 7130,70 9317,146 10 100 011% Denhnquent rentals Charged off to dale $16875 kequesled to be charged off 1,700.62 I,g69.57 59 Actual kenta Collected 9313,575.71 99.41% Gent Wittenberg Acting Assistant City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. RESOLUTION NO. 349-76 Authorizing the charge off of Accrued Delinquent Rentals for the Down- town Urban Renewal Project, Iowa R-15 WHEREAS, in the administration of the Property Management Program from the Downtown Urban Renewal Project, Iowa R-15, rentals are accrued and collected from occupants of ac- quired properties; and WHEREAS, there have accrued cer- tain uncollectable rentals which in the best interest of the Project should be charged off; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Citv of Dubuque, Iowa: Section 1. That it is hereby found and determined that there is no reasonable prospect of collection or that the probable costs of further efforts to col- lect would not be warrant of the fol- lowing delinquent rentals. Account Number Amount 28 $ 34.04 52 $1,600.00 122 ($3.22) 227 $ 70.00 Section 2. That the Director of the Department of Community Develop- ment be and he is hereby authorized and directed to charge off in the appro- priate accounting records for the Downtown Urban Renewal Projects, Iowa R-15, the aforementioned accrued delinquent rentals. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mavor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis 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 Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. September 17, 1976 To the Honorable Mayor and City Council As City Engineer I hereby certify the cost of the Judson Drive sanitary sewer Regular Session, October 4, 1976 499 from Asbury Road to a point 454 feet south to be as follows: Sanitary sewer costs paid by M.F. Goerdt Construction Co. Engineering S 457.04 Fondell and Sons 7,316.50 M. F. Goerdt 1,380.46 Total $9,154,00 Total lineal feet of property abutting sewer is 950.57 feet Total cost per property foot is $9.63 The sewer cost for the north half of Lot 2 and south half of Lot 2 of Vorwald Place No. 2 has been satisfied in the property purchase price of these lots. Michael A. Koch Acting City Engineer Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 350-76 Resolution establishing a connection charge for the Sanitary Sewer Constructed by M.F. Goerdt Con- struction In Judson Drive from Asbury Road to a point 454 feet South of Asbury Road. WHEREAS. the City Engineer has inspected the same and the City Man- ager has accepted said sewer: and WHEREAS, the City Engineer under said Ordinance has filed with the City Council a certified statement showing all amounts paid in connection with the construction of said sewer. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to connect with said sewer shall first apply to the City Man- ager for permission to do so, and such Permission shall be granted upon con- dition that the applicant shall pay to the City Treasurer for the account of the Judson Drive sanitary sewer a connec- tion charge of $9.63 per foot. Section 2. That the following properties will pay the above prorated connection costs. Lot 2-2-1-1.1-1.1.2 Mineral Lot 263 - 100 foot frontage Lot 1 -2 -1 -I.1 -I-1.2 Mineral Lot 263 - 167.77 foot frontage Lot 2-1-1-1-1 Mineral Lot 263 - 200 foot frontage Lot 1 of Vorwald Place No. 2 - 302.8 foot frontage N. 42 of Lot 2 of Vorwald Place No. 2 -90 foot frontage S. 42 of Lot 2 of Vorwald Place No. 2.90 foot frontage Sectlon 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Rehabill- tation Commission submitting a resolu- tion combining two committees of the Housing Rehabilitation Commission, the Financial Resources Committee and the Loan and Counseling Committee, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 351-76 Combining two Committees of the Housing Rehabllltation Commission WHEREAS, Exhibit "A" of the City Council Resolution dated July 28, 1975, in establishing the Housing Rehabilita- tion Commission, listed the names and responsibilities of the Standing Com- mittees of that Commission; and WHEREAS, that, in the year of Com- mission activity since that resolution, the responsibilities and area of concern of two of these committees, the Finan. cial Resources Committee and the Loan and Counseling Committee have been found to overlap to a large degree; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section /. That the Financial Re. sources Committee and the Loan and Counseling Committee of the Housing Rehabilitation Commission of the City of Dubuque be merged to form the Fin- ance and.Counseling Committee. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to dispose of City -owned interest in Lots 1 and 2 of vacated Lime Street, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 352-76 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on September 16, 1976, the City Council of the City of Dubuque, Iowa met on the 4th day of October, 1976, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described to Perfection Oil Company; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Perfection Oil Company; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of inter - October 4, 1976 est of City of Dubuque. Iowa in and to, and conveyance of Lot 1 of vacated Lime Street in Boat Yard Addition in the City of Dubuque, Iowa to Perfection Oil Company, an Iowa Corporation, suc. cessor in interest to Dubuque Stone Product.-, Company, and the disposal of interest of City of Dubuque, Iowa in and to, and conveyance of Lot 2 of vacated Lime Street in Boat Yard Addition in the City of Dubuque. Iowa, subject to rail- road easement to Perfection Oil Com- pany, an Iowa Corporation, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized to execute said deed of con- veyance and the City Clerk be and he is hereby directed and authorized to deliver said deed of conveyance to the grantee. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of Eleventh Street Steps and Jef- ferson Park Steps, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 337-76 WHEREAS, proposed plans, specifications, and form on 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 Celrk showing among other things the following: Regular Session (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the . construction of the Eleventh Street Steps and Jeffer- son Park Steps. 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 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 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 Community Development Block Grant Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 13th day of September, 1976. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis Tully, Wertzberger. Nays — None. Decision of council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 353-76 WHEREAS, proposed plans and specifications and form of contract for the construction of the Eleventh Street Steps and Jefferson Park Steps have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1975 pertaining to public ,October 4, 1976 501 contracts and bonds, and the time and place fixed for the hearing of all objec• tions to said plans, specifications or contract for or cost of such im- provements, said time being this 41h day of October, 1976; and WHEREAS, the Citv Council met in regular session this 4th day of October, 1976, 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 de- scribed 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 1T RESOLVED by the City Coun cil of the City of Dubuque, that all objections 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 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, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 354-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a Resolution of Necessity No. 337-76 which was duly passed by this Council for the construction of the Eleventh 502 Regular Session, October 4, 1976 Street Steps and Jefferson Park Steps. Be and the same are hereby ordered and constructed 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 here- tofore 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 Community Development Block Grant Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law. 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 Council. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to Contractors for Construction of Eleventh Street Steps and Jefferson Park Steps, pre- sented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 30, 1976 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., C.D.T., Thursday, September 30, 1976 for the Eleventh Street Steps and Jef- ferson Park Steps. The low bid was submitted by Patrick T. O'Dowd of Dubuque, Iowa with a bid of $20,758.82. This bid is 9.4% below the Engineer's Estimate. 1 recommend that the contract for the steps be awarded to Patrick T. O'Dowd. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Awarding Contract) RESOLUTION NO. 355-76 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Eleventh Street Steps and Jefferson Park Steps pursuant to Resolution No. 339.76 and notice to bidders published in a newspaper pub- lished in said City on September 16, 1976 and September 23, 1976; and WHEREAS, said sealed proposals were opened and read on September 30, 1976, and it has been determined that the bid of Patrick T. O'Dowd of Dubuque, Iowa in the amount of $20,758.82 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 t herefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Patrick T. O'Dowd and the Manager be and he is hereby directed to execute a contract 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 and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carned by the following vote: Yeas — Mayor Lundh, Councilmen Regular Session, October 4, 1976 503 Brady. Stackis, Tully, Wertzherger. Nays — None. Communication of John Duggan requesting vacation of an existing utili- tv easement lying along north line of Lot 5, Block 2 and the property line between Lot 3, Block 2 and Lot 4, Block 2 (all utility companies have approved) presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 356-76 WHEREAS, the property owner of Lot 3, Lot 4 and Lot 5 of Block 2 in "Knob Hill Grove" in the City of Dubuque, Iowa, has filed with the City Clerk of the City of Dubuque, Iowa, a petition requesting the vacation of the platted easements in said Lot 3, Lot 4 and Lot 5; and WHEREAS, the property owner has submitted a plat for the purpose of extinguishing the utility's easements shown thereon; and WHEREAS, the public utility com- panies entitled to use said easements have consented to said vacation; and WHEREAS, Sections 409.18 and 409.19 of the 1971 Code of Iowa provide for the vacation of plats in this manner; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that said petition and plat for the vacation of the platted ea- sements in Lot 3, Lot 4 and Lot 5 of Block 2 in "Knob Hill Grove" in the City of Dubuque. Iowa, be and the same are hereby approved, and the Mayor and Clerk are hereby authorized and direct- ed to endorse the approval of the City of Dubuque upon said plat for the vacation of the aforementioned easements. Passed, adopted and approved by the recorded roll call vote this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully ,Ir. Richard Wertzberger James E. Brady Emil Stackis ATTEST: Leo F. Fromrnelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. August 19, 1976 To the Honorable Mavor and City Council I herebv submit the plans and specifications for the Highway 20 and Wacker Drive left turn lane. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 357-76 Approval of specs., form of contract, preliminary estimates and form of con- tract for construction of Highway 20 and Wacker Drive left turn lane, in an estimated amount of $10,834.85, pre- sented and read. Councilman Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Nomatty for Improvement) RESOLUTION NO. 358-76 WHEREAS, proposed plans, specifications, form of contract have been duly 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: I An estimate of the cost of the proposed improvement for the High- way 20 and Wacker Drive left turn lane. BE 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 hereinmen- tioned 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 proposed im- provement, 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 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 504 Session, October 4, 1976 expense of making said improvement will be paid from the Road Use Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 4th day of October, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Fixing Data of Hearing) RESOLUTION NO. 359-76 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 office of the City Clerk for public in- spection for the Highway 20 and Wacker Drive left tum lane. BE IT THEREFORE RESOLVED that on the 18th day of October, 1976, 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 ap- pear and make objection to the Proposed plans and specifications and Proposed 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 hearing to be published in some new- spaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its con- sideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council. man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 3W76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 358-76 which was duly passed by this Council for the Highway 20 and Wacker Drive left turn lane. 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 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 im- provement be paid from the Road Use Tax 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 passage and adoption by the City Council. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Packing Co. submitting comments relative to Project Concept Statement on the City Island Bridge & Proposed connections, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Regular Session, October 4, 1976 Brady, Stackis, Tully. Wertzberger. Nays — None. October 1, 1976 Honorable Mayor and Councilmen The proposed Concept Statement for design of the City Island bridge was presented to you at your meeting of September 13, 1976. At that time, the matter was tabled pending coordination with the Dubuque Packing Company, as principal land owner in the project vicinity, and for review by the DMATS Policy Committee. The Policy Committee has adopted comments on the Concept Statement, as enclosed. We have also attached copies of the Dubuque Packing Company letter to you of September 21, 1976. Based on these earlier comments, together with comments from the Federal Highway Administration, it now appears that the Iowa DOT may be revising the original draft Concept Statement. We are in- formed that those revisions will attempt to respond to the comments of the Dubuque Packing Company favoring elimination of the west bound exit loop terminating on the west side of Kerper Blvd., in favor of an alternative exit ramp passing over the Peosta Channel and terminating on the east side of Kerper Blvd. There were also comments urging additional entrance and exit capacity for the bridge prior to the completion of a Freeway 561 system, and these comments have suggested that a 14th Street connection also be Provided during the interim operating condition, similar to an arrangement shown as alternate 4 on the original Concept Statement. It is the opinion of the staff that these proposed revisions would reduce the impact of the facility on industrial land and would improve the operational condition of the bridge in the interim Period prior to completion of a Freeway 561 connection. We have included a draft Resolution, proposing certain comments on the Concept Statement, and recommend Your adoption of it. Daniel Dittemore City Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 505 RESOLUTION NO. 361.76 A Resolution offering comments on a Proposed project concept sta- tement for a City Island Bridge and proposed connections within the City of Dubuque, Iowa. WHEREAS, the Iowa Department of Transportation has prepared a draft Project Concept Statement for a City Island bridge and its proposed connec- tions to the local street system within the City of Dubuque, Iowa; and, WHEREAS, such Project Concept Statement has been transmitted to the City Council of the City of Dubuque by the Iowa Department of Transporta- tion, with a request for comment upon said Project Concept Statement. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That the City Council does hereby reaffirm its support for con- struction of a new Mississippi Bridge at the proposed City Island location and does identify that project as an urgent need of the people of the City of Dubuque and of the Tri-State regional community. Section 2. That the following com- ments be conveyed to the Iowa Department of Transportation with regard,to the Project Concept Sta- tement for a City Island bridge and proposed connections, dated August 30, 1976, to wit: a. That 16th Street should remain open as a throughfare from the City Island westward to Elm Street. b. That the location of entry and exit ramps from said bridge to Kerper Blvd. should avoid taking usable in- dustrial land to the maximum feasible extent. c. If additional connections to the local street system are found necessary to satisfy projected interim operating conditions, that 14th Street may adequately provide such additional means of connection. d. That the foregoing comments shall be transmitted to the Iowa Depart- ment of Transportation, Highway Division. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk 506 Regular Session, October 4, 1976 Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the fol. lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tullv, Wertzberger. Nays — None. September 28, 1976 To the Honorable Mayor and City Council The attached schedule lists a num- bered of items to be added to the FY 77 budget. A number of these items were bud- geted last year and they will be accom- plished this year. There are also includ- ed a number of other items that have been authorized from time to time by the Citv Council. This budget amendment requires a public hearing and the enclosed resolu- tion authorizes the City Clerk to publish the required notice. Gent M. Wittenberg Acting Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 362-76 Authorizing the City Clerk to publish Amendment of Current City Bud- get Notice WHEREAS, certain amendments are proposed to the Fiscal Year 1977 Bud- get; and WHEREAS, Section 384.16 and 384.18 of the Code of Iowa provide that a budget amendment is subject to public hearings as set forth in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice that the City Council of the City of Dubuque will meet at City Hall in the City Council Chambers at 7:30 p.m. on November 1, 1976, for the purpose of amending the current bud- get of the City for the fiscal year ending June 30, 1977, by changing the es. timates of revenue and expenditure appropriations. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tullv .1r. Richard Wertzberger .lames E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. September 30, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Block 6 and Block 7 in Knob Hill Subdivision in the City of Dubuque, Iowa. The Commission has determined that the final plat is in conformance with the approved preliminary plat for the sub- division and is in accord with requir- ements of the city's Subdivision Ordinance. We hereby recommend your approval of the final plat of Block 6 and Block 7 in Knob Hill Subdivision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 36346 Resolution approving the Plat of Block 6 and Block 7, each In "Knob Hill" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 6 and Block7, each in ''Knob Hill" in the City of Dubuque, Iowa, by John Duggan, Trustee under the "Regina Duggan Trust"; and WHEREAS, upon said plat appear streets to be known as Knob Hill Drive and Beacon Hill, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- Regular Session, October 4, 1976 507 amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon: and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Knot) Hill Drive and Beacon Hill, together with the easements for public utilities as the same appear upon said plat, he and the same are hereby accepted. Section 2. That the plat of Block 6 and Block 7, each in "Knob Hill" 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, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Knob Hill Drive and Beacon Hill with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; C. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch - basins in accordance with plans sub- mitted with the plat. e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; I. To install boulevard street lighting in accordance with plans submitted with the plat; g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To maintain the foregoing im- provements for a period of four (4) Years from the date of their accep- tance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider John Duggan, Trustee under the "Regina Duggan Trust" as owner; 1. To construct said improvements, ex- cept sidewalks and street lighting prior to October 1, 1978 and to con- struct the sidewalks and street light- ing prior to October 1, 1980; and further provided that said John Duggan, Trustee under the "Regina Duggan Turust", as owner of said Sub- division, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. ioctlon 3. That in the event John Duggan, Trustee under the "Regina Duggan Trust", shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance ofthe dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 4th day of Oc- tober, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 363.76 1 the under signed John Duggan, Trustee under the "Regina Duggan Trust" having read the terms and con- ditions of the foregoing Resolution No. 363.76 and being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque. Iowa, this 5th day of October, 1976. ,,si John Duggan Trustee under the Regina Duggan Trust To: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 363-76 has been furnished by the owners. Dated at Dubuque, Iowa, this 19th day of October, 1976 Gilbert D. Chavenelle City Manager Councilman Tully moved adoption of the resolution. Seconded by Council- 508 Session, October 4, 1976 man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. September 30, 1976 Honorable Mayor and Members ofthe City Council The attached resolution authorizes the amendment of an existing training grant with the Law Enforcement Assis- tance Administration. This grant covers the law enfor. cement training of a Dubuque police officer presently in a training program. Toe total grant amounts to $200.00, of which the city's cash contribution is $100). We would request your approval of this request. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tullv Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. MATCHING RESOLUTION NO. 364-76 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed here- tofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title of Project, Law Enforcement Training. Amount of Funds Being Provided $10.00 We further resolve that we will provide in-kind match during the ap- proved project period for the following projects: 'Title of Project, none. Passed this 4th day of October, 1976 1976 Alvin E. Lundh Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk 'If submitted after approval of the grant identify the grant number. 702-75-06-0000.21-03 Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Na vs — None. RESOLUTION NO. 365-76 BE IT RESOLVED by the Citv 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 Cigar. ettes and Cigarette Papers within said City. Taco John's Store 3, 1215 Dodge Street Famous Recipe Fried Chicken. 1575 John F. Kennedy Road Roger R. Piekenbrock & Ruth A. Ox- berger, 504 Bluff Street Passed, adopted and approved this 4th day of October 1976. Alvin E- Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None RESOLUTION NO. 366-76 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 following 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, 171Ni RhOrnbe.rg Ave. CLASS "C" BEER PERMIT Groves-Kelco, Inc., 1920 Elm Street Nash Finch Company, John F. Kennedy Road and Hwy. 20 West Passed, adopted and approved this 4th day of October 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 367-76 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 oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Holy Trinity Parish, 1700 Rhomberg Ave. CLASS "C" BEER PERMIT Groves-Kelco, 1920 Elm Street Nash Finch Company, John F. Kennedy and Hwy. 20 West Passed, adopted and approved this 4th day of October, 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 368-76 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 following applications be approved and licenses issued upon the compliance with the Provisions of Chapter 131, Acts of the October 4, 1976 509 First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Beverly Ann Larsen, Sunday Sales on- ly, 1701 Central Avenue Steven T. Schnee, Sunday Sales only, 1902 Central Avenue Larry W. Kratzer, 2423 Rhomberg Avenue John P. Mihalakis, 2095 Kerper Blvd. Merlin F. Heiar,1900 Washington Street Orville P. Murphy, 139 Locust Street Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger.• Nays — None. RESOLUTION NO. 369-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Beverly Ann Larsen, Sunday Sales on- ly, 1701 Central Avenue Steven T. Schnee, Sunday Sales only, 1902 Central Avenue Larry W. Kratzer, 2423 Rohmberg Avenue John P. Mihalakis, 2095 Kerper Blvd. Merlin F. Heiar,1900 Washington Street Orville P. Murphy, 139 Main Street passed, adopted and approved this 510 Regular Session, October 4, 1976 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fold lowing vote: Yeas — Mavor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None Councilman Tully moved that the Cooper Street Steps Project be referred back to the Engineering Department and Councilman Brady to present at next Council meeting. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved March 10, 1977 Adopt March 10, 1977 Councilmen City Clerk Special Session, October 18, 1976 511 CITY COUNCIL OFFICIAL Special Session, October 18, 1976. Council met at 7:30 p.m. (C.D.T.) Present Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been dulv made and this Meeting is called for the pur- pose of CONSIDERING AWARD OF CONTRACT FOR THE CONSTRUC- TION OF HIGHWAY 20 AND WACKER DRIVE LEFT TURN LANE and acting upon such other business as may properly come before a Regular Meeting of the Council The following proclamations were approved and signed by Mayor Lundh: Last Week of October as "Safety On The Streets Week"; Week of October 24th to 30th as "Influenza Immunization Week" and Week of November 8th to 14th as "Youth Appreciation Week Communication of Playground & Recreation Commission submitting minutes of their meeting of September 13, 1976, presented and read. Council- man Tully moved that the minutes be received and filed. Seconded by Coun. cilman Wertzberger. Carried by the fol - !owing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tullv. Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of September 29, 1976, 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission submitting minutes of their meeting of October 5, 1976, presented and read. Councilman Tully moved that the min utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Russell Nash et ux requesting to make presentation of their book "An Cooperatives" Consisting of Four Iowa Models: Dubuque, Musca- tine, North Liberty and What Cheer", presented and read. Councilman Tully 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 Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Russell Nash presented copy of the book to Council and explained Contents Cablecar gallery in Dubuque; Tow Chambered kiln in North Liberty; Store Front Art in Muscatine; What Cheer works in clay. and Post Industrial Society and the Craftmaker. Council- man Tully moved that the communica. tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Iowa Legislative Council submitting advance informa- tion for collection and tabulation as a part of the regular 1980 Federal Decen- nial Census, presented and read. Coun- cilman Wertzberger moved that the communication be received and filed and referred to City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. State of Iowa City Development Board Dubuque City Council: This letter is to inform you of the decision made by the City Development Committee at the October 5, 1976 meet- ing held in Dubuque, regarding Dubuque's petition for annexation. The following motion was made by Committee Member Friedman and seconded by Committee Member Nail: "That the City Development Com- mittee approve the City of Dubuque's petition for annexation of approximate- ly 6.1 square miles of unicorporated territory." The motion passed on a 3 to 2 decision. If there are any questions or further clarification is needed, please feel free to call me. Larry Tuel Administrative Assistant to the City Development Board Councilman Stackis moved that the communication be received and filed, and made a matter of record. Seconded by Councilman Wertzberger. Camed by the following vote: 512 Special Session, October 18, 1976 Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of League of Women Voters submitting copy of letter sent to Community Development Board Com- mittee in Des Moines in support of proposed annexation, presented and read. Councilman Stackis moved that the communication be received and filed and City Clerk directed to sent letter of "Thanks" for interest taken by the League. Seconded by Councilman Wertzberger. Carried by the following. vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Expiration of Right of Redemption and taking of tax deed on Lot 72 E. Langworthy's Addn.; Lot 56 and No. 48' of Lot 57 in A. Stine's Sub. of M.L. 471 and 472; Lot 1 of Sub, of Lots 48 & 49 in Bellevue Addn., presented and read. Councilman Stackis moved that the Notices be referred to the City At- torney. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Peoples Natural Gas advising a rate increase of 1.3129 to residential and commercial customers; rural small volume increase of 1.2556 on bills issues on and after November 19, 1976, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Receipts and Expendi- tures, also list of claims paid in August, 1976, presented and read. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission requesting Council to give immediate consideration and finalization of the option proposed for the purchase of Block 2 Riverfront Sub. 2, from Ecology Control, presented and read. Council- man Stackis moved that the commun- ication be received and filed and ap. prove option and directed City Attorney to exercise option on behalf of the Council. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 15, 1976 Honorable Mayor and Councilmen Your Resolution No. 169-76 has dir- ected certain work assignments in regard to the proposed North Fork Cat- fish Creek Impoundment structure. Several of the work assignments set out in the Resolution have progressed to the point that we would now seek an opportunity to review these matters with you at your meeting of October 18, 1976. We would inform you of the status of negotiations for land rights, inves- tigations of project costs and financing plans, and of coordination of this project with proposed corridor loca- tions for a North-West Arterial Roadway. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — !layor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. At 8:30 P.M. Councilman Brady moved to go into Executive Session to discuss options of Real Estate relative to North Fork Catfish Creek Impound- ment Structure. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Council reconvened in Regular Ses- sion at 9:30 P.M. Mayor Lundh an- nounced that no final conclusions had been reached and moved that the City Manager be authorized to continue negotiations. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 14, 1976 Honorable Mayor and City Council On July 28, 1976, Notice of Claim of Personal Injury was filed on behalf of Dan Harkey, 1160 University, this city, by his attorney claiming damages for personal injuries in the amount of $75,000.00 and alleging said injuries occurred on May 31, 1976 as the result of alleged excessive force used by police officers against the claimant. This matter was referred to the ap- Special Session, October 18, 1976 513 propriate City Agency who made an investigation thereof and has reported that said matter has been amicably dis. posed of. It is therefore, the recommen- dation of the City Attorney that the Claim of Dan Harkey be denied. Original notice of claim is returned herewith. R. N. Russo Citv Attorney Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 14, 1976 Honorable Mayor and City Council On April 22, 1975, the City of Dubuque, Iowa was served with Origin- al Notice with petition attached of an action in the District Court in and for Dubuque County. Iowa, being Law No. 40464, wherein Stella L. Reuter was plaintiff and naming the City of Dubuque, Iowa as defendant and wher- ein plaintiff prayed for damages in the amount of $35,000.00 arising out of a fall on or about February 1, 1975 at or near 1610 Lincoln Avenue in the Citv of Dubuque and the plaintiff claimed an unsafe and dangerous condition of the sidewalk thereat. This matter was referred to the City Attorney who interposed the appro- priate defenses thereto, and the plaintiff through her attorney has made an offer of settlement of said claim in the amount of $150001 of which the City is to pay $1,(X10.00 and $.500.00 to be paid by the abutting property owner. It is the recommendation of the City Attornev that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Stella Reuter in the amount of $100000 and transmit same to the City Attorney for delivery upon receipt or appropriate releases and dismissal of said action. Original Notice is returned herewith. 80 R. N. Russo City Attornev Councilman Wertzberger moved that the recommendation of settlement be approved. Seconded by Councilman Stackis. Carried by the following vote Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Honorable Mayor October 14, 1976 and City Councilmen On September 13, 1976, subrogation claim was filed by American Interinsur. ance Exchange, Des Moines, Iowa regarding claim, paid by them to Keith F. Marugg in the amount of $175.00 for the theft of a boat -motor and gas tanks on .lune 25, 1976, while the boat was moored in the Dubuque Harbor at a mooring space rented from the City of Dubuque, Iowa. Said claim was referred to the appro- priate City Agency who has made an investigation thereof and has made report to this office of no responsibilitv on the part of the City for the safety and storage of said boats and motors. In view of the foregoing it is the recom- mendation of the City Attorney that said subrogation claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 4, 1976 Honorable Mayor and City Council This is to advise that on the 29th day of July, 1975 the City of Dubuque, Iowa confessed judgment in the amount of $3,000.00 in the District Court of Dubuque County, Iowa in the case of Janet K. Matelak vs City of Dubuque, Iowa, defendant, and City of Dubuque, Iowa defendant -cross -petitioner vs Jack Beatty and Diane S. Beatty, third party defendants which judgement was recently satisfied by payment. However, the City reserved its right of indemnity against the abutting property owner which was agreed to be tried later. The claimed act of affirmative neg- ligence on the part of the property owner claimed by the City of Dubuque was strongly resisted and denied. However, in preparation for hearing on this matter, the cross-defendants made an offer of settlement in the amount of $750.00 which 1 have accept- ed and the check is herewith transmitted This concludes the matter. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of settlement be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 514 Special Session, October 18, 1976 Communication of City Attorney ad- vising of transmittal of payment to City in the amount of $283.50 covering out- standing court costs against the City. presented and read. Councilman Wertzberger moved that the payment be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Na_vs — None. October 14, 1976 Honorable Mayor and City Council Original Notice with petition attached was served on the City of Dubuque, Iowa on June 6, 1975, being law No. 40512 in the District Court in and for Dubuque County, Iowa, wherein Milton L. Wieser was plaintiff and Citv of Dubuque, Iowa and B & G Automotive Parts, Inc. were named defendants and wherein the plaintiff prayed for damages for personal injuries in the amount of $11,000.00 in three counts, said injuries allegedly being suffered by plaintiff on March 8, 1975 as the result of a fall on an accumulation of ice and snow arising out of discharge of water from a downspout from a building owned by B & G Automotive Parts, Inc. Said petition was referred to the City Attorney who interposed appropriate defenses thereto, and said plaintiff through his attorney, has made an offer of settlement in the amount of $3500.00, with contribution to said settlement by the City in the amount of $1,000.(1() and $2,500.00 being paid by the abutting property owner. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to issue draft payable to Mil- ton L. Wieser in the amount of $1,0()1.00 and to transmit same to the City Attor- ney for delivery upon receipt and filing of Dismissal of said action. Original Notice is returned herewith. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of settlement be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Property Damage Claim of James R. Kemp, in the amount of $135, for damage to his home as the result of ball playing at Queen & Burden Street playground during August, 1976, pre- sented and read. Councilman Wertz berger moved that the Notice be referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Notice of Claim of Milwaukee Insur- ance in behalf of their client, Linda Jurisic for $169.73 as the result of client's car being struck by a city -owned dump truck at City Garage on April 16, 1976. presented and read. Councilman Wertzberger moved that the Notice be referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Jaycees request- ing support to host the 1978 Daisy/U,S. Jaycee International B -B Gun Cham- pionships in Dubuque, presented and read. Councilman Stackis moved that the request be approved and appro- priate letters be sent by Mayor and Staff. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Joseph Wild requesting issuance of a deed for vacated alley to rear of his property on Clarke Drive which was ordered by Ordinance No. 32-46, said deed was never delivered, presented and read. Councilman Tully moved that the petition be referred for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Christian Record Braille Foundation Inc. requesting a charitable solicitation permit for one year from November I, 1976 to November 1, 1977, presented and read. Councilman Brady moved that the petition be received and filed and referred to the City Manager and request concurrence with both blind organizations and cut time of one year request. Seconded by Councilman I'ully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Dubuque Storage & Transfer Co. requesting for vacation of a certain portion of platted Washington Street south from Liebe Street, present- ed and read. Councilman Tully moved that the petition be referred to the City Manager for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Special Session, October 18, 1976 515 Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Petition of Holy Trinity Parish requesting a refund of $225.00 on unex. pired portion of Class "B" Beer Permit No. 6908, discontinued business on Oc- tober 10, 1976, presented and read. Councilman Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Petition of Coletta A. Oyen requesting a refund of $211.25 on unexpired portion of Beer -Liquor License No. C-6734, dis- continued business on Sept. 3, 1976, presented and read. Councilman Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tul. ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 370-76 WHEREAS, the codification of all the Ordinances of the City of Dubuque, Iowa, which Code has been prepared and same was printed by the Municipal Code Corporation of Tallahassee, Flor- ida, and, WHEREAS, a public hearing should be held on the proposal to adopt said Coale of Ordinances: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the proposal to adopt the Code of Ordinances by the City Council, of the City of Dubuque, Iowa, should be the subject matter of a public hearing thereon. Sectlon 2. That the City Clerk be, and he is hereby directed to publish Notice Of Time and Place of Hearing on the proposal to adopt the said Code of Or- dinances of the City of Dubuque, Iowa, and that such notice shall be published in a manner as required by Section 362.3 of the 1975 Code of Iowa. Section 3. That copies of the Code of Ordinances are on file in the office of the City Clerk, City Hall, 13th Street and Central Avenue, Dubuque, Dubuque County, Iowa, and same are available for public inspection. Passed, approved and adopted this 18th day of October, 1976. —44 64rs Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger ,lames E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution and set public hearing for November 1, 1976. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. A RESOLUTION establishing a Com- munity Development Commission for the City of Dubuque, Iowa, and pre- scribing the term of office of each member of said Commission and pre- scribing and defining the purposes of said Dubuque Community Develop- ment Commission and repealing Re- solution No. 391.75, presented and read. Councilman Wertzberger moved that the Community Development Commis- sion give to Council their opinion on the paragraph in question, Section B-2 Consult with material on file from Kan- sas City Meeting and include Council of Neighborhoods. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. RESOLUTION NO. 371-76 WHEREAS, the Mayor's Industrial Committee, composed of Al Lundh, Mayor, Wayne Moldenhauer, Chairman of the Board of Dock Commissioners, and Robert Dorothy, Director of Dubuque Area Industrial Development Corporation, recommended to the City Council of the City of Dubuque, Iowa on September 22, 1976, that the Application to Purchase certain City owned real estate by Dubuque Screw Products, Inc. for the purpose of erecting a building thereon of approximately 60 feet in width by 144 feet in length by 14 feet in heighth for expansion of their business: and WHEREAS, City Council of the City of Dubuque, Iowa has examined said application and recommendation by the Mayor's Industrial Committee and find that the sale of said real estate should be approved;and WHEREAS, said real estate sought to be purchased by Dubuque Screw Products, Inc. is described and known as'. 516 Special Session, October 18, 1976 Lot 5 of Block 1 of "River Front Subdivision No. 5" in the City of Dubuque, Iowa, an area of approx- imately 1.0517 acres. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application of Dubuque Screw Products, Inc. to pur- chase a parcel of City -owned real estate in the City of Dubuque, Iowa, which real estate is described and known as: Lot 5 of Block I of "River Front Sub- division No. 5" in the City of Dubuque, Iowa, an area of approx- imately 1.0517 acres be and the same is hereby approved upon the following terms and conditions: 1. That the said real estate be sold to Dubuque Screw Products, Inc. for the construction and erection of a build- ipg thereon of approximately 60 feet in width by 144 feet in length by 14 feet in height for expansion of their business. 2. That the sale price for said real es- tate shall be $21,954.24 for the total purchase price, with ten (10%) per- cent thereof, or $2195.00, being paid as down payment, receipt whereof is hereby acknowledged by the City. 3. That construction of said building shall be commenced within one (1) year from date of delivery of deed and the passage of this Resolution and shall be completed within twenty. four (24) months of delivery of deed and upon failure so to do or failure to make improvements to the land within eighteen (18) months by Dubuque Screw Products, Inc., pur- chaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all build. ings, yards, parking lots, fences and ancillary improvements shall be con- structed in conformance with City codes, and manufacturing processes carried out in accord with City Ordinances. 5. That the City of Dubuque. Iowa retains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. Section 2, That the City Clerk he and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 18th day of October. Alvin E. Lundh Mayor Thomas A. Tullv Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the. resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of Highway 20 and Wacker Drive Left Turn, presented and read. Council- man Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. (Necessity for improvement) RESOLUTION NO. 358-76 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuuque and are now on file in the office of the City Clerk showing among other things the following: I. An estimate of the cost of the Proposed improvement for the Highway 20 and Wacker Drive left turn lane. BE 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 hereinmen- tioned 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 proposed im- provement, they shall he deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have Special Session, October 18, 1976 517 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 be paid from the Road Use Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 4th day of October, 1976. RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed, by the City Council this 18th day of October, 1976, Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice to Contractors for Construction of Highway 20 and Wacker Drive Left Turn Lane, present- ed and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. October 14, 1976 Honorable Mayor and City Council Pursuant to your instructions, sealed Proposals were received until 10:00 a.m., C.D.T., Thursday October 14, 1976 for the construction of the Highway 20 and Wacker Drive left turn lane. The only bid was submitted by Flynn Company, Inc. of Dubuque, Iowa, with a bid of $13,143.50. This bid is 37.6% over the Engineer's Estimate. 1 recommend that the contract for the left turn lane be awarded to Flynn Company, Inc. of Dubuque. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays -- Councilman Brady. (Awarding Contract) RESOLUTION NO. 372-76 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Highway 20 and Wacker Drive left turn lane pursuant to Resolution No. 359-76 and notice to bidders published in a newspaper pub- lished in said City on October 7, 1976; and WHEREAS, said sealed proposals were opened and read on October 14, 1976, and it has been determined that the bid of Flynn Company, Inc. of Dubuque in the amount of $13,143.50 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 therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Flynn Com- pany, Inc., subject to the contaurertce of the Iowa Department of Transportation and the Manager be and he is hereby directed to execute a contract 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, and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — Councilman Brady. Councilman Brady moved to table the motions relating to the construction of Highway 20 and Wacker Drive Left Turn Project. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Councilmen Brady, Wertzberger. Nays — Mayor Lundh, Councilmen Stackis, Tully. MOTION FAILED. 518 Special Session, October 18, 1976 Communication of City Manager ad- vising of completion of Contract IIA Wastewater Treatment Facilities Phase it consisting of dome type covers on existing trickling filter and primary clarifiers; A Resolution approving Final Estimate in the amount of $517,12300 for construction of Contract ❑A Waste Water Treatment Facilities Phase 11 consisting of Dome type covers on ex- isting trickling filter and primary clar- ifiers; A Resolution Accepting im- provement of Contract IIA Water Water Treatment Facilities Phase II consisting of dome type covers on ex- isting trickling filters and primary clar- ifiers, were presented and read. Coun. cilman Brady moved that the com- munication and two resolutions be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. October 14, 1976 Honorable Mayor and City Council This is to advise you that the Glen- wood Court Storm Sewer has been sub- stantially completed in accordance with plans and specifications by Tschiggfrie Excavating of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 373-76 WHEREAS, the contract for the Glenwood Court Storm Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $12,862,00. That none of the cost thereof shall be assessable upon private property and $12,862.00 shall be paid from the Sani- tation Fund of the City of Dubuque, Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mavor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Nays — None. (A Resolution Accepting Improvement) RESOLUTION NO. 374-76 WHEREAS, the contract for the Glenwood Court Storm Sewer has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil 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. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Fund upon the above described improvement in amount equal to amount of his contract, less any retained percentage provided for i herein. Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 14, 1976 Honorable Mayor and Members of the City Council The Five Flags Center Fund has com- pleted the restoration/ renovation of the O)rpheum Theater as agreed. The attached resolution authorizes Special Session, October 18, 1976 519 the execution of a Certificate of Com- pletion. This Certificate will be duly recorded and made a part of the official land records in the County Courthouse. Gent M. Wittenberg Acting Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 375-76 Authorizing the Execution of a Cer- tificate of Completion for Dubuque Five Flags Center Fund. WHEREAS, under date of September 17, 1975, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevelopment with Dubuque Five Flags Center Fund for the real estate hereinafter described; and WHEREAS, under the terms of said contract the subject real estate was conveyed by the City of Dubuque to Dubuque Five Flags Center Fund who constructed thereon certain im- provements; and WHEREAS, Section 307 of said con. tract provides that upon completion of the improvements the City of Dubuque will furnish Dubuque Five Flags Center Fund a Certificate of Completion; and WHEREAS, it has been determined that the required improvements have been satisfactorily completed; now therefore BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa Section 1. That the Mayor and City Clerk be and they are hereby author- ized and directed to execute a Cer- tificate of Completion for Dubuque Five Flags Center Fund for the im. provements located on the southerly 63.6' of the easterly 114' of Lot I of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15, Section 2. That the Clerk be and he is hereby authorized and directed to rile a COPY of this resolution and the executed COPY of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 18th day of October. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Honorable Mayor and October 14,1976 Members of the City Council The Five Flags Center Buidling Com- mittee has met regularly and frequently to select a Project Architect and an appropriate project delivery system Committee members were fully aware of the complete nature of the proposed Five Flags Center, and they endeavored to carry out their mission in the best interest of the community. We have thouroughly re-examined the credentials of the architectural partnership of Bowen Kanazawa, and we are convinced that this firm pos- sesses the skill and ingenuity to provide the necessary services in a most satis- factory manner. In full agreement with this firm we further propose that a number of special consultants be re- tained to provide professional assis- tance in the areas of management, theatrical and rigging, ice and refriger- ation, acoustical and sound, and quan- tity survey cost estimating. The selec- tion of these special consultants, their fees and the method of payment of fees is subject to the prior approval of the owner. Fees for these services are as follows: Project Architect Haw Services $173,000 Travel Allowance (at coat) 7.250 $175,250 special Consultants -Estimated im.ow In addition we anticipate various printing costs in the amount of approx- imately $2,750. These expenses will be paid directly by the owner. We have also examined and discussed in some detail the Contruction Man- agement Concept, and it is our opinion that this concept is not appropriate for this project. Consequently, we recom- mend the traditional approach Project Architect and General Contractor - ]'he proposed Form of Agreement 520 Special Session, October 18, 1976 between the City of Dubuque and the architect has been examined by the City Attorney, and we request that the City Council authorize the execution of this agreement so that we may proceed with the project. Members of the Five Flags Center Building Committee will be present at the October 18 Council meeting to re- spond to any questions or comments. Jacqueline F. Merritt Chairperson Five Flags Center Building Committee Councilman Stackis moved that the communication be received and filed and agreement approved subject to modifications submitted by the City Manager to withdraw Travel Allowance and Section 5.4. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of sale of Project Notes in the amount of $274,000. for Urban Renewal Project, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. October 14, 1976 Honorable Mayor and Members of the City Council On October 13 four proposals were received for the refinancing of a portion of the outstanding urban renewal project notes. The lowest bid, in the amount of 2.64%, was received from the Bank of America and Associates. The new notes will be in the ag- gregate amount of $274,000 and will mature March 25, 1977. The present notes in the aggregate amount of MAN were issued in July at an inter- est rate of 2.77%. The enctoaed resolution authorizes the issuance and delivery of the new notes to the purchaser. Gent M. Wittenberg Acting Assistant City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 376-76 Authorizing the sale, Issuance and Delivery of Project Notes In the Aggregate Principal Amount of $274,000 and the Execution of Requisition Agreement No. 5-76 In connection with the Downtown Urban Renewal Project Project No. Iowa R-15 WHEREAS, the City of Dubuque (therein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or with the United States of America (herein called the "Government") providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, lowrent housing or redevelop- ment projects(s) described in the Con- tract and herein called the "Project"; and WHEREAS, pursuant to adverti- sement for the receipt of proposals for the purchase of the Fifth Series 1976 of Project Notes (herein sometimes called "New Project Notes") of the Local Is- suing Agency aggregating $274,000, which appeared in a Notice of Sale published on September 28, 1976, and October 5, 1976, in the Telegraph Herald in the City of Dubuque, Iowa, and in the Daily Bond Buyer in the City of New York, New York, proposals for the pur- chase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place men- tioned in said advertisement, to wit: at Council Chambers, City Hall, 13th and Central in the City of Dubuque, Iowa 52001 at one o'clock P.M., E.D.S.T. on October 13,1976, which proposals are as follows: CITIBANK NA • Associates 2.79% 8274.0011 0 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the 0tv of Dubuque, Iowa: Section 1. The aforesaid publication of the Notice of Sale and the form and contents thereof as so published are Irnaie*1 Principal pama of slider Raft Amount Premlum Rank of America N.T. & S.A. 2.64% i274,0W $900 San Francisco, Bankers Trust Company, Contin- ental Illinois National flank • Trust Company of ChicaSo, Merrill, Lynch. Pierce, Fenner a Smith. I.. The Merchants National 268% 8274.0110 0 Bank of Cedar Rapids. Cadar Rapids. Iowa Chemical Bank. A.G. Backer 2 77% (274.000 64 00 • Co., Municipal Secun ties. Inc. CITIBANK NA • Associates 2.79% 8274.0011 0 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the 0tv of Dubuque, Iowa: Section 1. The aforesaid publication of the Notice of Sale and the form and contents thereof as so published are Special Session, October 18, 1976 hereby, in all respects, approved, ra- tified and confirmed. Section 2. In order to provide funds to pay expenses incurred or to be in. curred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connec- tion therewith, the Local Issuing Agency hereby determines to borrow the sum of Two Hundred Seventy -Four Thousand Dollars ($274,0(10) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and approves the form of each proposal hereinafter in this Section 3 enumerated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows Principal Interest Amount Rete Purchaser 0x'Rate (14 %, Hank of America N T. & S.A. San Francisco, Bankers Trust Company, Con. tinental Illinois National Bank & Trust Company of Chicago, Merrill, Lynch. Pierce, Fenner & Smith, Inc, Section 4. Each Note shall be dated November 9. 1976, shall be payable as to both principal and interest to bearer, on March 25, 1977, and pursuant to each proposal for the purchase of said Notes herein accepted, shall bear the rate of interest per annum, payable at maturi- ty; shall bear the numbers and be in the denominations; and shall be payable as to both principal and interest at the incorporated trust company, as follows - int rn. vrrfW. IN. Dranorw flab M flank ofn I 31W IalU tM\ aanien N 7 A SaL S A San 2 45U.uMf Tr K i ran, wu. 1.10 flankrr. Iron sIn.OW Co. I I , 115 Iia(/ Naw (umpanY.Cnni,^ 1022 slow York. enl.l Illino,. Na. 4una flank a New 7 rur t ,rnpanY f Y,uk (' Merrill, 1 Y. h, I'Iwre Fen- ny* • Sauih. In, None of such Notes shall be valid until after the bank or trust company at Which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency and shall have the corporate 521 seal of the Local Issuing Agency im- pressed, imprinted or reproduced ther- eon and attested by the City Clerk and said officers are hereby authorized and directed to cause said notes to be properly executed. Section S. Each such Note shall be in substantially the form of HUD -9010, which is incorporated herein by refer. ence, and shall be secured by an agreement entitled, "Requisition Agteement No. 5-76" (herein called the "Requisition Agreement"), in substan- tially the form of HUD -9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Government. Section 6. The Requisition .Agreement shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, im- printed, or reproduced thereon and at- tested by the City Clerk, and said of- ficers are hereby authorized and direct- ed to cause the Requisition Agreement to be properly executed. Section 7. For the punctual payment of the principal of and interest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevoca- bly promises to pay any sums which may be received from the Government pursuant to the Requisition Agreement relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Issuing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contribu- tions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary loan Obligations", "Ad- vance Notes" or "Permanent Notes") as issued in connection with the Project are hereby irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and termin- ate when monies or investment securi- ties convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the purpose of paving the principal and interest to maturity on such Notes, are deposited With the paying agent oragents forsuch Notes. Section 8. The proceeds derived from the sale of the New Project Notes, 522 Special Session, October 18, 1976 together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with the provi- sions of the Requisition Agreement. Section 9. The City Treasurer is her- ebv authorized and directed to send promptly a letter to each paving agent for the New Project Notes in substan- tially the form of HUD9004, which is incorporated herein by reference, and to transmit therewith (a) the New Project Notes for which the addressee is the paving agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter, and to take such other ac- tions as may be required to complete the delivery transaction in accordance with the terms of the letter to the paving agent. Passed, approved, and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Emil Stackis 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 — Mavor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 377-76 Authorizing execution and filing of e Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title 1 of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expenditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of the Park Department Greenhouse"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub. mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the expansion of the Park Depart- ment Greenhouse. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None RESOLUTION NO. 378-76 Authorizing execution and filing of s Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title 1 of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and Special Session, October 18, 1976 523 WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an adhoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of City Ga- rage"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque. Iowa: Seetlon 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Expansion of the City Garage. Section 2. That the Cit,: Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. 'fully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None RESOLUTION NO. 379-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title 1 of the Public Works Employment Act of 1976 auth. orizes funds for employment opportun. ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Construction of the Cedar Cross Road Water Line"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new. spaper of genreral circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and investment Program Application, including all understand- ings and assurances contained therein, for the construction of the Cedar Cross Road Water Line. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 522 Special Session, October 18, 1976 together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with the provi- sions of the Requisition Agreement. Section 9. The City Treasurer is her- eby authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substan- tially the form of HUD9004, which is incorporated herein by reference, and to transmit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter, and to take such other ac- tions as maybe required to complete the delivery transaction in accordance with the terms of the letter to the paving agent. Passed, approved, and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 377-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for emp!oyment opportun- ities in areas of high unemployment through the expenditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of the Park Department Greenhouse"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, anv and all objections, if any,to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the expansion of the Park Depart- ment Greenhouse. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 378-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS. Title 1 of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and Special Session, October 18, 1976 WHEREAS. the City of Dubuque. an eligible recipient for such funding and pursuant to Resolution No. 327.76. convened an adhoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of City Ga- rage"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new. spaper of general circulation. provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub. mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Expansion of the City Garage. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this Ibth day of October. 1976. Alvin E. Lundh Mavor 'Phomas A Tully Jr. Richard Wertzberger James F: Brady Emil Stackis 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays -- None RESOLUTION NO. 379.76 Authorizing execution and filing of a 523 Local Public Works Capital Datretopment and Investment Pro. gram Application WHEREAS. Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque. an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Construction of the Cedar Cross Road Water Line", and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of genreral circulation. provided for public comment until September 30. 1976; and WHEREAS. any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuc;ue be and he is hereby auth- onzed and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein. for the construction of the Cedar Cross Road Water Line. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Soctlon 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this IKth day of October. 1976. Alvin E. Lundh Mayor Thomas A. 'fully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 524 Special Session, October 18, 1976 ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carred by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. RESOLUTION NO. 380-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Construction of the 17th Street Storm Sewer from Main Street to Pine Street"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the construction of the 17th Street Storm Sewer from Main Street to Pine Street. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 381-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Reconstruction of East 4th Street"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21. 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa: SwIllon 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub. mit a Local Public Works Capital Development and Investment Program Application, including all understand- Special Session, October 18, 1976 ings and assurances contained therein, for the reconstruction of East 4th Street. So~ 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may he required to support the aforementioned application. Soctlon 3. That the Environmental Review Record for the project shall continue to remain on file in the office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tullv. Wertzberger. Nays — None. RESOLUTION NO. 382-76 Authorizing exectulon and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title 1 of the Public Works Employment Act of 1976 auth- orizes funds for employment oppor- tunities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of Iowa Street Parking Ramp"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and Published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and October 18,1976 525 WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I- That the Mayor of the City of Dubuque be and he is herebv auth- orized and directed to execute and sub. mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the expansion of the Iowa Street Parking Ramp. Section 2. That there is available in the Parking Renewal and Improvement Fund the sum of 1~350,000. which the City of Dubuque hereby commits towards the total project cost of the project - Section 3. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 4. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 3133-76 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 Cigar- ettes and Cigarette Papers within said City. Donut Hut Ltd., 290o Central Avenue Larry Kratzer, 2423 Rhomberg Avenue John Bastian, 353 Main Street 526 Special Session, October 18, 1976 Richard F. Albert, 90 South Locust St. James E. Ryan. 1875 J.F. Kennedy Road Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 394-76 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 Citv of Dubuque. Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT J. & P. O'Hara, Inc., (Also Sunday Sales), 855 Century Drive CLASS "C" BEER PERMIT James Edward Ryan, 1875 J.F. Kennedy Road Kay Nemmers, 250 West Ist Street Passed, adopted and approved this 18th day of October 1976. Alvin E. Lundh Mayor Richard Wertzberger Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger Nays — None. RESOLUTION NO. 385-76 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 oc- cupied by such applicants were inspect ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT .1. & P. O'Hara. Inc., (Also Sunday Sales), 855 Century Drive CLASS "C" BEER PERMIT James Edward Ryan, 1875 J.F. Kennedy Rd. Kay Nemmers, 250 W. 1st Street Passed, adopted and approved this 18th day of October. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 386-76 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 following applications be approved and licenses 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 Anothony A. and Bette O. Helliing, (Also Sundav Sales), 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Ann Spielman, (Also Sunday Sales), 2401 Windsor Avenue Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Special Session, October 18, 1976 527 Tully Carried by the following vote. Yeas — Mavor Lundh, Councilmen Brady. Stackis. Tully. Wertzberger. Nava — None RESOLUTION NO. 387-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval Of this Council, and WHEREAS, the premises to be oc• copied by such applicants were inspect- ed and found to comply with the State Lau- and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE SOLVED by the City Council of Dubuque, Iowa. that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Anthony A and Bette t> Helling, (Also Sunday Saks), 701 Dodge Street CLASS "C" (COMMERCIAL.) BEER AND LIQUOR LICENSE Helen Ann Spielman. (Also Sunday Sales), 2401 Windsor Avenue Passed. adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Camel by the following vote Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. A class "B" beer permit application was presented for David Enck-son at SW Rhomberg Ave. Some discussion arose amongst the Council; Evidently some complaints have been received from the neighbors in the area as to the operation Of a tavern at this location. Councilman Tully moved that the application be tabled on the Enckson application until next meeting of the Council and to lex* for further report from the Police Department. Seconded by Councilman Wertzberger. Carried by the following vote Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Mayor Lundh moved to reuppciint C Michael Reilly and Mrs. Betty Nugent to the Recreation Commission for three year terms to 7-5-79 Seconded by Councilman Tullv. Caned b_v the fol- lowing vote Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. At 10:52 P.M. Councilman Tully moved to go into executive session to discuss further appointments to various Boards and Commissions. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger Nays— None. Council Reconvened in regular ses- sion at 11:06 P.M. Mayor Lundh an- nounced the following appointments: Willa M Bu-ssan to the Housing Com- mission for a two year term expiring 8-16-78, Eric Melson to the Human Right Commission to fill the unexpired term of James Goetzinger to 1-1.77; Karen Dirks, Steve Roussel. V.S. Lan. degaard. George Glynn and Leo J. Meier to fill vacancies on the Community Development Commission. Councilman Wertzberger moved ratification of the appointments. Seconded by Council- man Tullv. Caned by the following vote Yeas — Mayor Lundh, Councilmen Bradv, Stackis. Tully. Wertzberger. Nays — None. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Nays — None. Leo F. Fr mmelt Approved March 10, 1977 Addopted March 10, 1977 528 Special Session, October 21, 1976 CITY COUNCIL OFFICIAL Special Session, October 21, 1976 Council met at 1:00 P.M. (C.D.T.) Present — Mayor Lundh, Council- men Stackls, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Brady. Mayor Lundh read ttn> mall and stated that service thereof had been dulv made and this Meeting is called fur the pur- pose of CONSIDERING ADOPTION OF A RESOLUTION PROVIDING FOR THE SALE AND AWARD OF $3,700,000 CIVIC CENTER BONDS AND AP- PROVING AND AUTHORIZING THE AGREEMENT OF SUCH SALE AND AWARD, and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Sale of $3,700,000 Civic Center Bonds, present- ed and read. Mayor Lundh moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Mayor Lundh called for open or oral bids. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. No open or oral bids being received, Councilman Tully moved that oral bid. ding be closed. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Mayor Lundh moved that the sealed bids received be opened and read by the City Clerk. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. October 21, 1976 Honorable Mayor and City Council Bids were received today covering $3,700,000 City of Dubuque, Iowa, Civic Center Bonds. There were five bids received which are listed at the bottom of this letter in accordance with the attached signed bids. There were no oral bids. Upon examination, it is our opinion that the bid of the First National Bank of Chicago and Carleton D. Beh Company, joint managers, is the best bid received, and it is further our opinion that it is favorable to the City and should be accepted. We therefore recommend that the bonds be awarded to that bidder at a net interest rate of 4.779216% and at the premium and interest coupons as specified in said bid. Account Managers Not Inlerest Rate Continental Illinois National Bank and Trust Company of Chicago and Associates ............... 4.8159% The First National Bank of Chicago and Carleton 1) Beh Company, joint managers ............ 4.779216% Harris Trust and Savings Bank and Associates 4.958214, The Northern Trust Company and Associates 4.89395% United California Bank ..... 4.9478% Paul D. Speer & Associates, Inc. Paul D. Speer. President Councilman Tully moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 388-76 Resolution providing for the sale and award of $3,700,000 Civic Center Bonds and approving and author- Izing the agreement of such sale and award. WHEREAS notice of sale of $3,700,000 Civic Center Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper pub- lished in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none consisting of par and accrued in- terest plus a premium of none, with the bond to bear interest at the following rates per annum; Special Session, October 21, 1976 520 Year of Int. Year of Int. Maturity Rate Maturity Rate 1978 1996 1979 1987 1980 1988 1981 1999 1992 1990 1983 1991 1984 1992 1995 4.80% and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by the First National Bank of Chicago and Carleton D. Beh Company joint managers, consisting of par and accrued interest plus a premium of $3.932.97, with the bonds to bear interest at the following rates per annum Year of Int. Year of Maturity Maturity Rate Maturity Rate 1978 4 MM 1986 4 50-{, 1979 4 50% 1987 4 KII% 1990 4.50%, 1988 4.80% 1981 4.50% 1989 4.80% 1982 4.50% 19% 5.00% 1983 4.rA)% 1991 5.00% 1984 4.50% 1992 5.00% 1985 4.50% NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly ad- vised in the premises it is hereby deter- mined that the bid of The First National Bank of Chicago and Carleton D. Beh Company joint managers for the pur- chase of $3,700,000 Civic Center Bonds of said City, dated November I, 1976, as advertised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said The First National Bank of Chicago and Carleton D. Beh Com- pany joint managers. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to accept and execute the same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or Parts of resolutions in conflict herewith be and the same are her- eby repealed. Passed and approved October 21. 1976. Alvin E. Lundh ATTEST: Mayor Leo F. Frommelt City Clerk Recorded October 21. 1976 Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Mayor Lundh moved that the City Clerk be directed to return checks to the unsuccessful bidders. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh. Councilmen Stackis, Tully. Wertzberger. Nays — None. Absent — Councilman Brady. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays — None. Absent — Councilman Brady. Leo F. Frommelt City Clerk Approved March 10, 1977 Adopted March 10, 1977 Regular Session, November 1, 1976 CITY COUNCIL OFFICIAL Regular Session, November 1, 1976. Council Met at 7:30 o'clock P.M. (C.S.T.) Present — Councilmen Brady, Stackis. Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Absent — Mayor Lundh. Mayor Pro Tem Stackis read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeting. Communication of Advisory Com- mission submitting Citizen's Survey. also submitting recommendations con• cerning annexation, presented and read. Councilman Tully 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 Pro Tem Stackis, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Mary Headington of the Advisory Commission submitted the survey, stating that 1 i I Oth of I% of the popula- tion was covered; Proposal on Annexa- tion is endorsed by the Citizens Advi- sO Y Commission. Councilman Wertzberger moved that the Citizen's Survey Report be received and filed. Seconded by Councilman Tully. Carned by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, "Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Citizens Advisory Commission submitting minutes of their meeting of October 26, 1976, also recommendations from Codes & Ordin- ance Committee on drinking in parks, Presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Planning & Zon' ing Commission submitting minutes of their meeting of October 20, 1976, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Camed by the following vote: 531 Was — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Board of Dock Commissioners submitting minutes of their meeting of October 13, 1976, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mavor Lundh. Communication of Housing Commis- sion submitting minutes of their meet- ing of October 19, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of September 28, 1976, 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 Pro Tem Stackis, Councilman Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Airport Commis- sion submitting minutes of their meet- ing of October 14, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Playground & Recreation Commission submitting minutes of their meeting of October 11, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communications of DMATS submit- ting minutes of Citizens Advisory's meeting of October 13, 1976 and Tech- nical Advisory Committee's meeting of October 8, 1976, presented and read. 532 Regular Session, November 1, 1976 Councilman Tully moved that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilman Brady, Tully. Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Community Development Commission submitting minutes of their meeting of October 26, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Committee from U.S.S. Dubuque Bicentennial "Opera- tion Sleigh" Group to advise Council what they would like to accomplish by sending a Christmas Card to each member aboard the U.S.S. Dubuque, presented and read. Sandy Sanderson and Annie Wester- meyer of "Operation Sleigh" addressed the Council relative to the communication. Councilman Brady moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communications of Iowa D.E.Q. sub- mitting water and sewer permits for Knob Hill, Blocks 6 and 7, presented and read. Councilman Tully moved that the communications be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Herb VanZile submitting published copy of new- spaper article in the Telegraph Herald relative to rowdiness in the parks during the past summer, presented and read. Councilman Tully moved that the com- munication be received and filed and referred to Council. Seconded by Coun- cilman Wertzberger. Carred by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilman Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Copy of Communication, addressed to the Manager., by Irene Behnke of Asbury indicating concern about the situation that Dubuque and Asbury are having relative to Asbury's Fire Department, presented and read. Mayor Pro Tem Stackis moved that the com- munication be received and filed and referred to the City Manager for report. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. October 26, 1976 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Health Department, Water Superinten- dent, as well as a list of claims paid, for the month of September, 1976. 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 Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Expenditures for month of Sep- tember, 1976, presented 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 Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. October 26, 1976 Honorable Mayor and City Council I return to you the petition of Mr. Merwyn Ellis with a recommendation that the petition for vacating the alley be denied. My reasons for the recommendation is that all the property holders abutting the alley have not agreed to the vacation. 1 have met with Mr. Ellis and ex- plained my recommendation. In order to correct a drainage situation in the alley next to Mr. Eilis's property the street department will install a drain conduct- ing the water flow under the sidewalk to the street gutter. Gilbert D. Chavenelle City Manager Ronald & Jeanette Hixon spoke to vacation of the alley; City has failed to Regular Session, November 1, 1976 maintain: Test Tracks for motorcycles, etc.; Alley has never been used. Steve Boge requested access off University Ave.; Small exit to property from back. Councilman Brady moved that the communication of City Man- ager be referred to the City Solicitor and City Manager. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilman Brady. Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. October 27, 1976 Honorable Mayo:' and Members of the City Council On Tuesday, October 26th, we delivered the applications for the six public works projects to the Regional Office of the Economic Development Administration. The Public Works Employment Act of 1976 which authorized the above public works program also contains a Title 11 - antirecession fiscal assistance to states and local governments. Grants under Title 11 will be administered by the U.S. Treasury Department somewhat in the same manner as General Revenue Sharing. However, the method of com- puting the distribution formula and the purposes for which the funds may be expended differ. A fact sheet describing the Title 11 program is enclosed. Title 11 funds will be automatically distributed quarterly through Sep- tember 1977, and the first payment will be retroactive to July 1, 1976. Although no application is made for antirecession funds, the city must execute and submit a Statement of Assurances in order to receive the funds. We propose to ex- ecute this document and submit it to the Office of Revenue Sharing by the required date. A copy of this statement is attached. We anticipate being advised some time after November 12 the amount of funding, if any, that the city will be entitled to receive under this program. We shall keep you fully informed as we receive the necessary information. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Application for rehearing and/or reconsideration relative to annexation petition by Robert H. Budde, in - 533 dividually and as Chairman of Commit- tee to oppose annexation as sent to City Development Committee, presented and read. Councilman Tully moved that the application he referred to the City Attorney to impose resistance to proper parties. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. October 18, 1976 Honorable Mayor and City Council re: Eric Schneider and Civil Service Commission Citv of Dubuque, Iowa The City of Dubuque, Iowa was served with Notice of Notice of Appeal to the District Court of Dubuque Coun- ty, Iowa on November 29, 1973 by Eric Schneider appealing from the decision of the Civil Service Commission of the City of Dubuque, Iowa filed November 9, 1973 said appeal being Equity No. 82285 in said Court, and thereafter on January 9, 1975 Petition in said cause was filed by the Appellee. This matter was referred to the City Attorney who interposed appropriate defenses thereto and on October 13, 1976, the appelle filed his Dismissal of said action and court costs were paid by the appellee. This concludes this matter and copy of Notice of Appeal and Petition are returned herewith. R. N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Ntice of Claim of Jeanette Scheuring, in the amount of $10,000., for personal injuries received in a fall on defective sidewalk on the west side of Central Ave. north of 14th Street on September 29, 1976, presented and read. Council- man Tully moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady,'fully. Wertzberger. Nays — None. Absent — Mayor Lundh. Notice of Claim of Gerald R. O'Shaughnessy, in the amount of $185., 534 Regular Session, Nobember 1, 1976 for clothing taken by rubbish pick -up by mistake at 589 Alta Vista Street on August 28, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger Carred by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Notice of Claim of Mrs. Chris Kurt, in an undetermined amount, for damage to car as the result of driving into paint spilled in the street at 16th & Kerper on October 14, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of hearing to amend the Zoning Ordinance to reclas- sify properties bounded on the north by 13th Street, on the south by 12th Street, on the west by Elm Street, and on the east by alley lying between Elm Street and the R.R. Tracks from H-1 to L -I Industrial 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 Tullv moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. ORDINANCE NO. 54-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTIES BOUNDED ON THE NORTH BY 13TH STREET, ON THE SOUTH BY 12TH STREET, ON THE WEST BY ELM STREET, AND ON THE EAST BY THE ALLEY LYING BETWEEN ELM STREET AND THE RAILROAD TRACKS, FROM THE H -I HEAVY INDUSTRIAL DISTRICT TO THE L4 LIGHT INDUSTRIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of October 4, 1976, presented for final adoption. ORDINANCE No. 54-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DE. SCRIBED PROPERTIES BOUNDED ON THE NORTH BY 13TH STREET ON THE SOUTH BY 12TH STREET, ON THE WEST BY ELM STREET, AND ON THE EAST BY THE ALLEY LYING BETWEEN ELM STREET AND THE RAILROAD TRACKS, FROM THE H -I HEAVY INDUSTRIAL DISTRICT TO THE L -I LIGHT INDUSTRIAL DISTRICT CLASSIFICATION NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 1hut Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", be and the some is hereby amended by changing from "H-1 Heavy Industrial District" classification to "L-1 Light Industrial District" classification the following described real estate, to wit: North % of Lot 197 East Dubuque Ad- dition; South 4 of Lot 197 East Dubuque' Addition; North 4 of Lot 198 East Dubuque Addition; Lot 2 of the South K of Lot 198 East Dubuque Addition; Lot 2 of the South % of Lot 198 East Dubuque Addition; North 4 of Lot 199 East Dubuque Addition; South % of Lot 199 East Dubuque Addition; Lot 1 of Lot 200 East Dubuque Addition; Lot 2 of Lot 200 East Dubuque Addition; North 20 feet of Lot 201 East Dubuque Addition; and the South 31.1 feet of Lot 201 East Dubuque Addition all in the City of Dubuque, Iowa. Section 2. That this amendment has heretofore been approved by the Plan- ning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of November 1976. Leo F. Frommelt It 1 1 i4 City Clerk Regular Session, November 1, 1976 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on a proposal to adopt a Code or Ordinances, 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 Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. ORDINANCE NO. 55-76 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, IN- CLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE CODE OF IOWA; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDIN- ANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO SEP- TEMBER 15, 1975, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUTED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SEC- TIONS THEREOF: AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, Presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilman Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. ORDINANCE NO. 55-76 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OF IMPOSING A FINE OR PENALTY, IN- CLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE CODE OF IOWA; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDIN- ANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO SEP- TEMBER 15, 1975, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SEC- TIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Pursuant to the Resolution adopted by the City Council of, the City of Dubuque, Iowa, on the 18th day of Oc- tober, 1976, the City Clerk was ordered to publish notice that a hearing would be held in the City Council Chambers of the City Nall at 7:30 P.M.. on the 1st day of November, 1976 on the proposal to adopt a Code of Ordinances. Said notice µns duly published in the Telegraph Herold on the 21st day of October, 1976, as required by Section 362.3 of the Code of Iowa. The City Council then determined that the said proposed Code of Ordin- ances should be adopted in its original form as now filed and did then on the 1st day of Novermber, 1976, adopted Ordin- unce No. 55-76 adopting said Code of Ordinances as provided in Section 366.7. IT IS THEREFORE ORDAINED BY THE CITY COUNCIL of the City of Dubuque, Iowa; Section 1. Code of Ordinances Adopted. The Proposed Code of Ordin- ancx,s, of the City of Dubuque, Iowa, printed by the Municipal Code Corpora- tion, Tallahassee, Florida, heretofore filed in the office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 38 and including references to codes adopted by refer- 536 Regular Session, November 1, 1976 ence, a printed copy of which is at- tached hereto and incorporated herein by reference the some as if set out in full herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa." Section 2. Ordinances Repealed All ordinances of the City of Dubuque, Iowa, of a general and permanent na. tum, enacted on or before September 15, 1975, and not contained in said Code or recgnized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordln- ances Seved. The repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accuring before the effective date of said Code; (b) Any ordinance promising or guar- anteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (C) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation as. sumed by the City; (f) Any ordinance relating to the pur- chase, condemnation, acquisition or dedication of property for public use. (g) Any ordinance dedicating, estab- lishing, opening, reopening, naiming, renaming, widening, narrowing or vacating any street, boulevard, aven- ue, alley or other public way, includ- ing rights-of-way; (h) Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way; (1) Any ordinance authorizing, direct- ing or otherwise relating to any public improvements; p) Any ordinance creating sewer dis- tricts or districts for public im- provements of any kind or nature; (k) Any ordinance establishing or changing the limits of the city or Pertaining to consolidations, annexa- tions or exclusions; (1) Any ordinance levying general or Special taxes or special assessments; (m) Any ordinance granting pensions for retired officers and employees; (n) Any ordinance granting any right, Privilege, easement or franchise to any person, firm or corporation; (o) Any zoning ordinance; or amend- ment of the City's zoning map; (p) Ordinances prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting, restricting, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (q) Ordinance No. 1.58, regulating traffic on dock streets; (r) Resolution No. 82-64, creating the County -City authority; (s) Any ordinance establishing rates and charges for, or fees forconnection to any utility service, not inconsistent with this Code; (t) Any ordinance which, by its own terms expires after a specified time, or on the prescribed date, (u) Any ordinance enacted on or after September 15, 1975. The repeal provided for by Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordin- ance repealed by this ordinance. Ths above enumeration of exceptions shall not be held or deemed to be exclu. sive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4. Severability of Provisions. Each chapter, any and all subdivisions of said Code hereby adopted, is in- dependent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision ther- eof, shall riot invalidate any other chapter or subdivision thereof. Section S. Official Copy. The City Clerk shall attach to the official copy of the Code of Ordinances hereby adopted and attached hereto, his official cer- tificate showing such adoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection, and for sale at cost to the public. Section 8. Amendments. Any addi- tions or amendments to this Code when passed as ordinances amending this Code and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorpor- ated in this Code so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include them. Section 7. Distribution of Copies. All Regular Session, November 1, 1976 printed copies of the Code shall he deposited with the City Clerk. He shall deliver copies of said Code to all depart- ment.+ of the city administration as dir- ected by the Mayor. The City Clerk may sell pinted copies of said Code at the cost established by the City Council, Section 9. General Penally. The do- ing of any act prohibited or declared to be unlawful or an offense by said Cade of Ordinances, or the omission or failure to perform any act or duty required by said Code, shall, unless another penalty is specified, be punishable by a fine in a sum not exceeding one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days. The penalty herein provided shall be cumulative with and in addition to the revocation, cancella- tion or forfeiture of any license or per- mit elsewhere in this Code provided for violation thereof. Section 9. Ph"Ml. All ordinances or parts of ordinances in conflict herewith are repealed. Section 10. Effective, Daft. This or- dinance consisting of Sections 1 through 10, inclusive, adopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 38. and including codes adopted by reference and all subdivisions of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa," is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Dubuque. Iowa," shall be in full force and effect from and after December 3, 1976. Passed, approved and adopted, this 1st day of November, 1976. (SEAL) Emil Stackis Mayor Pro Tem ATTEST.- Leo TTEST.Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of November 1976, Leo F. Frommelt It City Clerk 1//5 Councilman Brady moved final adop- tion of the Ordinance to be effective from and after December 3, 1976. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. AN ORDINANCE vacating that por- 537 tion of Viola Street lying North of Eagle Street in the City of Dubuque, Iowa ung 40 feet in width and 100 feet in length and ordering disposal thereof, to Dubuque Community School District Presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul. Iy. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Councilman Brady moved that a public hearing be held on the Ordinance on November 15, 1976, at 7:30 'o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. October 26,1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has conducted public hearings on two associated mat- ters dealing with Office -Residential Districts in the John F. Kennedy Road area, as follows: a. An amendment to the Zoning Or- dinance creating an OR -I "a" subclas- sification for Office -Residential Dis- tricts in lower -intensity development areas; setting forth indentical use provisions as currently pertain in the OR -1 District, but reducing the max- imum height of structures from 60 to 35 feet, and reducing the maximum lot coverage (as percent of lot area) from 50% to 35%. b. A series of amendments to the Zon- ing Map converting all existing OR -1 office. Residential Districts in the John F. Kennedy Road Area to the OR -111a" restricted subclassification; and including in that subclassification certain properties now in the R-5 Re- 538 Regular Session, November 1, 1976 sidential District, as shown on the attached map (Heitzman request). The proposed amendments have ari- sen out of recent Commission review of requests to extend Office -Residential zoning to now vacant property. The Commission has found that the present OR -1 District would not effectively limit development of those sites to a scale appropriate to their surroundings. The first amendment to the Ordinance is intended to accomplish that reduction of scale, and the second amendment, pertaining to the Zoning Map, provides for a uniform re-classification of Ken- nedy Road area Office -Residential Districts. The Planning and Zoning Commis- sion has given its endorsement to both proposed amendments, and recom- mends your favorable consideration of them. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Mayor Pro Tem Stackis moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to enact a new Section 4.109.7 of Article IV thereof, creating an Office -Residential District OR-I"a" prescribing, therein, a general statement of intent, principal permitted uses, accessory uses, condi- tional uses, prohibited uses, and a schedule of district regulations for said district, presented and read. Council- man Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None, Absent — Mayor Lundh. Councilmen Brady moved that a pub- lic hearing be held on the Ordinance on December 6, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis. Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. AN ORDINANCE amending and changing Ordinance No. 32.75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to reclassify certain hereinafter de- scribed properties from OR -1 Office -Re- sidential District Classification, and R-5 Residential District Classification to OR -1"a" Office -Residential District Classification, presented and read. Councilman Brady 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 Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Councilman Brady moved that a public hearing be held on the Ordinance on December 6, 1976, 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 hear- ing in the manner required by law. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. October 22, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the following petitions requesting amend- ments to Ordinance No. 32-75, as follows: 1) The Commission has received and reviewed the petition of the Iowa Oil Regular Session, November 1, 1976 Company to expand an existing C-3 District to include their property at 1491 Dodge Street, as shown on the attached map. The LOCO service sta- tion presently operating at that ad- dress is a legal non -conforming use within the OR -1 Office -Residential District. The reclassification request was prompted by IOCO to permit improvements to the use which could not be accomplished under the limi- tations of provisions for nonconform. ing uses. The Commission will hold a public hearing on this matter on November 17, 1976. 2) In response to communications from Mr. Wayne Norman, Sr., and Mrs. and Mrs. Russell Nash, the City Planning and Zoning Commission has scheduled a public hearing for November 17, 1976 to consider an amendment to Ordinance No. 32-75 to provide provisions for historic pre. servation within the City of Dubuque. 3) The Commission has also reviewed a draft of an amendment to Ordinance No. 32-75 to include provisions providing for regulations, requir- ements and definition of adult enter- tainment establishments. The Com- mission has scheduled a public hear- ing on this amendment for December 15, 1976, following report and recom- mendation of the City Solicitor at their November meeting. The Iowa Oil Company has complied with application and zoning fee requir- ements of the City of Dubuque Zoning Ordinance No. 32.75. A preliminary draft of the provisions of the historic preservation amendment are attached. The report and recommendation of the Planning and Zoning Commission on these matters will be sent to you fol- lowing the public hearings in November and December. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. AN ORDINANCE vacating that por- tion of Washington Street 50 feet in width and 100 feet in length from the southerly property line of Liebe Street to southerly line of Lot 3 and Lot 6 of Liebe's Subdivision in the City of Dubuque, Iowa, to Dubuque Storage and Transfer presented and read. Mayor Pro Tem Stackis moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Mayor Pro Tem 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 Councilman Tully. Carried by the fol. lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Mayor Pro Tem Stackis moved that a public hearing be held on the Ordinance on November 15, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice tithe hearing in the manner required by law. Second• ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Petition of Seventh Day Adventist Church requesting permission to solicit for funds and distribute literature dur- ing month of November, 1976, presented and read. Pastor Harold Ashcraft spoke relative to the petition. Councilman Wertzberger moved that the petition be approved subject to ap- proval of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Petition of County Board of Supervi- sors requesting removal of four parking meters on Central Ave., spaces could be designated for the handicapped for ac- cessibility to ramp presently being con- structed, presented and read. Council- man Tully moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Wertzberger. Carried by the following vote. Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. petition of Richard V. Hansel and 540 Regular Session, November 1, 1976 Hansel Builders requesting annexation of Lot 1 and Lot 3 of Hansel's Addn. in Dubuque Twp., presented and read. Councilman Tully moved that the peti- tion be referred to the City Manager and Staff for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Petition of Elinor Ann Cody Ginder, et at, requesting annexation of Lot 1 of 18, Lot 1 of 19 in Center Grove: Lot I of 2 of 1 of 1 of 2 of 1 of M.L. 244; and Lot 2 of 2 of 1 of 1 of 2 of 1 of M.L. 244; 2.37 acres located south side of Highway 20, east of Ramada Inn, presented and read. Coun- cilman Tully moved that the petition be referred to the City Manager and Staff for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Petition of Salvation Army requesting permission to sell the Salvation Army's Annual Christmas War Dry during November, 1976, presented and read. Captain Barbara Pennell addressed the Council relative to the petition. Councilman Wertzberger moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Petition of Douglas L. Schlickman requesting a refund of $50., on the un- expired portion of Cigarette License No. 1008, discontinued business on October 21, 1976, presented and read. Council- man Tully 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 Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Petition of Shirley L. Chidester requesting a refund of $50., on unex- pired portion of Cigarette License No. 872, discontinued business on October 15, 1976, presented and read. Council- man Tully 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 Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to dispose of interest in Lot 5 Block I of Riverfront Sub. No. 5 to Dubuque Screw Products, Inc., 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. Mayor Pro Tem Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. RESOLUTION NO. 389-76 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper of general cir- culation published in the City of Dubuque, Iowa on October 21, 1976, the City Council of the City of Dubuque, Iowa met on the 1st day of November, 1976 at 7:30 o'clock P.M. (Central Stan- dard Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of in- terest of the City of Dubuque, Iowa in real estate hereinafter described, to Dubuque Screw Products. Inc.; and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Screw Products, Inc.: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Sectlon 1. That the disposal of inter- est of the City of Dubuque, Iowa in the following described real estate, to -wit: Lot 5 of Block I of "River Front Sub. division No. 5" in the City of Dubuque, Iowa, an area of approx- imately 1.0517 acres to Dubuque Screw Products, Inc. be and the same is hereby approved for the total purchase price of $21,954.24 with ten percent (10%) thereof being paid down subject to the following terms and conditions: 1. That the said real estate he sold to Dubuque Screw Products, Inc. for the construction and erection of a build- Regular Session, November 1, 1976 Ing thereon of approximately 60 feet in width by 144 feet in length by 14 feet in height for expansion of their business. 2. That the sale price of said real estate shall be $21„95A.24 for the total pur. chase price, with ten (10%) percent thereof, or $2195.00, being paid as down payment, receipt whereof is hereby acknowledged by the City. 3. That construction of said building shall be commenced within one (1) year from date of delivery of deed and the passage of this Resolution and shall be completed within twenty- four (24) months of delivery of deed and upon failure to do so or failure to make improvements to the land within eighteen (18) months by Dubuque Screw Products, Inc., pur- chaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all build- ings, yards, parking lots, fences and ancillary improvements shall be. con. structed in conformance with City codes, and manufacturing processes carried out in accord with City Ordinances. 5. That the City of Dubuque. Iowa retains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Dubuque Screw Products, Inc. upon receipt of the purchase price in full. SOCtion 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk 541 Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carred by the following vote Yeas — Mayor Pro Tem Stackis, Councilmen Bradv, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Amendment of Current Citv Budget, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Dubuque County, Iowa, and to the State Comptroller: The Council of the City of Dubuque in said county (counties) met on November I, 1976, at the place and hour set in the notice, a copy of which ac- companies this certificate and is cer- tified as to publication. Upon taking up the proposed amendment, it was con- sidered and taxpayers were heard for or against the amendment as follows: No written objections were filed and no oral objectors were present at the time set for the public hearing. The Council, after hearing all tax- payers wishing to be heard and con- sidering the statements made by them, gave final consideration to the proposed amendments(s) to the budget and modifications proposed at the hearing, if any•. Thereupon, the following resolu- tion was introduced: RESOLUTION NO. 390-76 A Resolution amending the current Budget for the Fiscal Year ending June 30, 1977. (as amended last on 1st Amendment.) BE IT RESOLVED by the Council of the City of Dubuque, Iowa: Socftn 1. Followirg notice published October 13. 1976, and the public hearing held November I, 1976, the current budget is amended as set out herein: Section 2. The cash balances and rrvenue estimates are amended as follows: 542 Regular Session, November 1, 1976 Fund General New available balance .................. $ 673,577 from $ New total revenue estimate .............. 8,991,180 Revenue Sharing New available balance .................. $ 455,009 to $ New total revenue estimate .............. $ 1,239,102 Road Use Tax New available balance .................. $ 219,704 from $ New total revenue estimate .............. 1,794,720 Water New available balance .................. $ 20,097 New total revenue estimate .............. $ 2,039,676 Trust and Agency New available balance .................. $ 9,147 New total revenue estimate .............. $ 1,696,718 Section 3. The following changes programs, and increases in total appro. (transfers of appropriations between priations) are hereby authorized: Program un Community Protection ............... Human Development (or) ............ Home and Community Environemnt (or) Policy & Administration .............. Passed this 1st day of November, 1976. Emil Stackis Mayor Pro Tem 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 Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. June 30, 1976 To the Honorable Mayor and City Council This is to advise you that Contract 11A Wastewater Treatment Facilities Phase II, consisting of dome type covers on existing trickling filter and primary clarifiers, has been substantially com- pleted in accordance with plans and specifications by Dow Chemical U.S.A. of Midland, Michigan. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Tully, Wertzberger. Nays — Councilman Brady. Absent — Mayor Lundh. Rnal Estimate RESOLUTION NO. 391-76 WEHEREAS, the contract for the construction of Contract IIA Waste Water Treatment Facilities Phase Il consisting of dome type covers on ex. isting trickling filters and primary clar- ifiers has been completed and the City Engineer has submitted his final es- timate showing the cost thereof includ- ange Appropnauon from $ 4,422,176 to $ 4,504,625 from $ 1,921,231 to $ 1,992,123 from $ 10,746,767 to $ 11,280,745 from $ 885,248 to $ 935,360 ing the cost of estimates, notices, in- spection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $517,123.00. That none of the cost thereof shall be assessable upon private property and $517,123.00 shall be paid from the Sani- tation Sewage Rental Fund of the City of Dubuque, and Federal -State Grant. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Tully, Wertzberger. Nays — Councilman Brady. Absent — Mayor Lundh. (A Resolution Accepting Improvement) RESOLUTION NO. 392-76 WHEREAS, the contract for the con- struction of Contract IIA Waste Water Treatment Facilities Phase 11 consisting of dome type covers on existing trick- ling filters and primary clarifiers has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, BY THE CITY COUNCIL of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED, That the City Treasurer be and he is hereby directed to pay to the contractor from the sanitation sewage rental fund and Federal -State Grant. In amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Tully, Wertzberger. Nays — Councilman Brady. Absent — Mayor Lundh. RESOLUTION NO. 393-76 A Resolution providing for the Is- suance of $3,700,000 Civic Center Bonds and providing for the levy of taxft to pay the same. WHEREAS pursuant to Chapters 47, 49, 376 and 394 of the Code of Iowa, 1975, as amended, this City Council did, by resolution duly adopted on July 19, 1976, order that at a special municipal election to be held in the City of Dubuque, Iowa, on August 17, 1976, there be submitted to the voters of said City the proposition of issuing bonds of said City in an amount not exceeding $3,700,000 for the purpose of construct- ing and equipping a Civic Center and acquiring a site therefor in said City; and WHEREAS the County Commis- sioner of Elections issued an Election Order on July 29, 1976, concurring in the action taken by the City Council and ordering said election to be held on August 17, 1976; and WHEREAS notice of said election and of the submission of said proposi- tion thereat was duly given in manner and form required by law and said election on said bond proposition was legally held and conducted on August 17, 1976, and at said election 11,115 ballots were cast on said proposition, of which 7690 voters were cast "Yes" on said proposition and 3293 votes were oast "No" on said proposition and 142 ballots were cast blank or were defec- tively marked, and it has heretofore November 1, 1976 543 r been and is hereby found and declared that the vote cast in favor of said Proposition was equal to at least sixty Percent (W%) of the total votes cast for and against said proposition at said election and said proposition has here- tofore been and is hereby declared to have been duly carried and adopted; and WHEREAS none of the bonds ap- proved at said Vection has been issued and it is necessary and advisable at this time to provide for the issuance of all of said bonds and to provide for the payment of the principal and interest as the same will become due; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to authority granted at the special election held in the City of Dubuque, Iowa, on August 17, 1976, as referred to in the preamble hereof, and as authorized by Sections 384.23. et seq. of the Code of Iowa, 1975, as amended, there shall be and there is hereby ordered issued the negotiable Civic Center Bonds of said City of Dubuque in the principal amount of Three Million Seven Hundred Thousand Dollars ($3,700,000), said bonds to he seven hundred forty (740) in number, be numbered consecutively from 1 to 740. both numbers included, of the den- omination of $5,000 each, and to be dated November 1, 1976. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter Specified, such interest being payable Mav 1, 1977, and semiannually ther- eafter on the first days of November and May in each year until the principal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of the City af- fixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon. In- terest on said bonds shall be evidenced by coupons thereto attached and ma- tunng on the se,eral days when such interest matures, which coupons shall be executed with the facsimile signature of the City Clerk and said City Clerk, by the execution of said bonds, shall adopt as and for his proper signature his fac- simile signature appearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and payableeach their numerical order on May of the respective years and shall bear interest at the rates as follows; 544 Regular Session, November 1, 1976 Bond Rate of Year Amount Numbers Interest 1978 E 50,000 1- 10 41h% 1979 150,000 Il- 40 4% 1980 175.000 41- 75 4%% 1981 200,000 76-115 4%% 1982 200,000 116-155 4%% 1983 225,000 156-200 4%% 1984 250,000 201-250 444% 1985 250,000 2511-300 4%% 1986 275,000 301.355 4%% 1987 275,000 356-410 4.80% 1988 300,000 411-470 4.80% 1989 325,000 471-535 4.80% 1990 325.000 536-600 5% 1991 350,000 601-670 5% 1992 350,000 671.740 5% Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so regis- tered, and after such registration payment of the principal thereof shall be made only to the registered holder. Any bond so registered, upon the request in writing of such holder personally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bond so transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by delivery merely. Section 3. That said bonds, coupons and provisions for registration be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE CIVIC CENTER BOND No. $5000 KNOW ALL MEN BY THESE PRE- SENTS That the Cay of Dubuque, in the ( aunty of Dubuque and State of Iowa, for value received, promises to pay to bearer. or if this bond be regis- tered as to principal, to the registered holder hereof, the sum of Five Thousand Dollars (S5WO) on the first day of May, 19 —, with interest on said sum from the date hereof at the rate of — — — — per cent (---%) per annum, payable May 1. 1977, and semiannually thereafter on the first days of November and May in each year until said principal sum is paid, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Trea- surer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque to pay the cost of constructing and equipping a Civic Center and acquiring a site ther- efor in said City, pursuant to and in strict compliance with the provisions of Sections 384.23, et seq. and Chapter 76 of the Code of Iowa, 1975, and all laws amendatory thereof and supppemen- tary thereto, in conformity with a re- solution of the City Council of said City duly passed, approved and recorded, and pursuant to an election duly called. noticed and held for that purpose. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to he done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebt- edness of said City, including this bond, does not exceed any constitutional or statutory limitations. This bond is subject to registration as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said Ci- ty, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of said City Clerk. which official by the execution of this bond does adopt as and for his proper signature his facsimile signature ap- Regular Session, November 1, 1976 345 pearing cm said coupons. all the first day of November. 1976 Mayor of the City of Dubuque. Iowa ATTEST: Citv Clerk of the CitV of Dubuque. Iowa (Form of Coupon) No. $ On -- 19-- . the Treasurer of the DsW of Name of pphtradon RegWared Owner Oty of Dubuque. in Iowa, will pay to hearer , opAn (S ----) at the office of tke C3ay Treasurer. Dubuque Lepra, fm N&OW due that date oe the Cent: Ceitiaer Sltmmf of Said City, dated Naiiiiiiiiiiills 1 IM No -- City Ck t >lmaar 4TrtNWMr On the back of each bond there shall ( three yemrsldrn"tiedlmrt/iswe I be endorsed a certificate of the City saidbaadr,. Treasurer in the following form: (3) work m dw we u tm r City Treasurer's Certificate w IMM '"` The issue of this bond has been duty wttiddaedf4ewer s•. and properly recorded in my office as of the first day of November. 1976. (4) aid 6rs>" us bw at Treasurer of the Citv of x x omit r`>t Dubuque. Iowa dmpmd of d Obw tr a Mme are= the mut SOMM xif ate. items. Soctfon 4. That said bonds be ex- (i) d df tpa I F. >tsM111111111VItiv ecuted as herein provided as soon after bonds we I wjiie, the adoption of this resolution as may be ,. s bate W e A and thereupon they shall be delivered to cL,:!_T1 . the Treasurer of said City. who shall :• H° f x 7r t> tie register the fact of the issuance of same bo". `` in a book provided for that purpose and ;6 -r ax shall deliver said bonds to the pur• -n :_n.um bd s^^ se am eifab chaser, as determined by this Council. esioawttft or nm' suaymr upon receipt of the purchase price, the . iNe A -Z same to be not less than the par value of t!¢ttaemattOsx>aw A9 = . said bonds with accrued interest ther- eon, all action heretofore taken in con cci atea tae ate.. nection with the sale and award of said wm . s h tae ss't bonds been hereby ratified and con- K '2' x,-*,aisi arms firmed in all respects. bmim „mw "OnEdw i♦WW :af Section S. That the principal proceeds depssr: wart' WWtiRaaal'"W3W of the sale of said bonds shall be devoted "MW omen airrsisnt, awttmime arara to and used with due diligence for the so& m Qn: Orr att"M- completion of the facilities for which e - PirmVewJr I' ave - said said bonds are herebv authorized to be Ims, err issued The Council represents and cer- n a Wwormi! a ' mom Imo tifies that book"a air '7Oaot . MOW ,N (1) the said Citv has heretofore in. the lwwaes curred a substantial binding obligation IT -,e tTu %PWWar _11W" with respect to said facilities, said bind• oar telt` 9 ing obligation comprising architectura: lees and contracts for the acquisition of e' aiorm tf `a" ?tm1e' real estate, for materials and for the construction of the improvements in the pot ` a 71r amount of not less than 2 pit o/ the a* *W itiix estimated total cost of said facilities asitmm m WOONNAM'"p^RMmawl (2) the City Council expects that Does M% t i'aitima, „am.aaiWaam trlMl s„w `ttr.iith of the spendable pr ,seeds of satoo i de est" W *w&41WAt bonds (including investment p"Kvttda) WMOK t" ` iter y W -*W t will be expended on or before Januar• 1. ale tattoos: 19741, for the u purpose of paying the coma ; 'Veow s; ,wmar ' of said facilities. said date being w•ithtim 1 a„. t” 5 546 Regular Session, November 1, 1976 held void by final decision of a court of competent jurisdictions, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on said bonds sub- ject to federal income taxation. Section 6. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at ma- turity, there be and there is hereby ordered levied on all the taxable property within said City a direct an- nual tax for each of the years while said bonds or any of them are outstanding, in amounts sufficient for that purpose, and that there be and there is hereby levied upon all the taxable property in said City the following direct annual tax, to -wit: In the year 1977 for collection in the fiscal year ending June 30, 1978, a tax sufficient to produce the sum of $311,488 for principal and interest; In the year 1978 for collection in the fiscal year ending June 30, 1979, a tax sufficient to produce the sum of $322,075 for principal and interest; In the year 1979 for collection in the fiscal year ending June 30, 1980, a tax sufficient to produce the sum of $340,325 for principal and interest; In the year 1980 for collection in the fiscal year ending June 30, 1981, a tax sufficient to produce the sum of $357,450 for principal and interest; In the year 1981 for collection in the fiscal year ending June 30, 1982, a tax sufficient to produce the sum of $348,450 for principal and interest; In the year 1982 for collection in the fiscal year ending June 30, 1983, a tax sufficient to produce the sum of $364,450 for principal and interest; In the year 1983 for collection in the fiscal year ending June 30, 1984, a tax sufficient to produce the sum of $379,325 for principal and interest; In the year 1984 for collection in the fiscal year ending June 30, 1985, a tax sufficient to produce the sum of $368,075 for principal and interest; In the year 1985 for collection in the fiscal year ending June 30, 1986, a tax sufficient to produce the sum of $381,825 for principal and interest; In the year 1986 for collection in the fiscal year ending June 30, 1987, a tax sufficient to produce the sum of $369,450 for principal and interest; In the year 1987 for collection in the fiscal year ending June 30, 1988, a tax sufficient to produce the sum of $381,250 for principal and interest; In the ,year 1988 for collection in the fiscal year ending June 30, 1989, a tax sufficient to produce the sum of $391,850 for principal and interest: In the year 1989 for collection in the fiscal year ending June 30, 1990, a tax sufficient to produce the sum of $376,250 for principal and interest; In the year 1990 for collection in the fiscal year ending June 30, 1991, a tax sufficient to produce the sum of $385,000 for principal and interest; In the year 1991 for collection in the fiscal year ending June 30, 1992, a tax sufficient to produce the sum of $367,500 for principal and interest. A certified copy of this resolution shall be filed with the County Auditor of Dubuque County and said Auditor shall be and he is hereby instructed in and for each of the years 1977 to 1991, inclusive, to enter for collection and assess the tax hereby authorized. When annually entering said taxes for collec- tion, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of prin- cipal and interest of the bonds hereby authorized and for no other purposes whatsoever. That the principal or interest coming due at any time when there are insuf- ficisnt funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such currect funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 7. That this resolution become effective immediately upon its passage and approval and that all re- solutions or parts thereof in conflict herewith be and the same are hereby repealed to the extend of such conflict. Passed and approved November 1, 1976. Emil Stackis Mayor Pro Tem ATTEST: Leo F. Frommelt City Clerk Recorded November 1, 1976 Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Regular Session, November 1, 1976 547 Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully. Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of East Central In- tergovernmental Ass'n. submitting Amendments to the Articles of Agreement along with a resoltuion to be adopted and approved by the Council, presented and read. Mayor Pro Tem Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilman Bradv. Tully, Wertzberger. Nays — None. Absent — Mayor Lundh RESOLUTION 394-76 WHEREAS, municipalities and coun- ties in Sub -State District VIII have adopted Resolutions accepting the Ar- ticles of Agreement forming the East Central Intergovernmental Association; and, WHEREAS, the Council of the East Central Intergovernmental Association has proposed amendments to said Arti- cles of Agreement; and WHEREAS, the proposed amend- ments were approved by the Council of the East Central Intergovernmental As- sociation by a % vote of the Association Council representatives present and voting at the October 20, 1976 regular meeting in accordance with Article X of the aforesaid Articles of Agreement; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that this Resolution serve as approval of the recommended amendments as prescribed in Article X of the aforesaid Articles of Agreement. BE IT FURTHER RESOLVED that this Resolution be made a matter of public record. Passed, adopted and approved this Ist day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis. Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of t itv Manager submitting a resolution authorizing salary adjustments for managerial posi- tions in the Police and Fire Departments and A RESOI-UTION authorizing the City Manager to adjust the salaries for various classifications in the Police and Fire Departments, presented and read. Councilman Tully moved that the com- municat ion and resolution be tabled and referred to the next Council meeting. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully. Nays — Councilman Wertzberger. Absent — Mayor Lundh. October 27, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lens I through 9 of Block 14 and Lots 1 through 6 of Block 15 all in Mettel-Byrne Addition in the City of Dubuque, Iowa as shown on the at- tached map. The Commission has found the plat to be in conformance with the Subdivision Regulations of the City of Dubuque and recommends your favorable considera- tion of the plat subject to requirements of the City Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Mavor Pro Tem Stackis moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas -- Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. RESOLUTION NO. 395-76 Resolution approving the Plat of Block 14 and Block 15 In Mettel-Byrne Addition in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 14 and Block 15, in Mettel-Byrne Addition in the City of Dubuque, Iowa, by Mettel Realty & Investment Co- ' o.; and WHEREAS, upon said plat appear streets to be known as Short Street, together with certain public utility ea- sements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing l'ummrssion and had its approval endorsed thereon; and 548 Session, November 1, 1976 WHEREAS, said plat has been ex. amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE. BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Short Street, together with the ea- sements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 14 and Block 15, in 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 attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Short Street with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch - basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; It. To provide the foregoing construc- tion and maintenance at the solo ex- pense of the Subdivider, Mettel Realty & Investment Co., as owner; i. To construct said improvements, ex- cept sidewalks, prior to November 22, 1978, and to construct the sidewalks prior to November 22, 1980; j. To install in accordance with City Specifications, boulevard street light ing within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision. 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 he null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll call this Ist day of November, A.D., 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 395-76 We, the undersigned Mettel Realty & Investment Co. having read the terms and conditions of the foregoing Resolu- tion No. 395-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the con- ditions required therein. Dated at Dubuque, Iowa, this 9th day of November. 1976. C. E. Mettel President Loraine Klumpp Vice President TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 395-76 has been furnished by the owners. Dated at Dubuque. Iowa, this 10th day of November, 1976. Gilbert D. Chavenelle City Manager Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Regular Session, November 1, 1976 Nays — None. Absent — Mayor Lundh. October 27, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Blocks 1 and 2 each in "Phase Two to Stone Hill Community Subdivision" in the City of Dubuque, Iowa. The Commission has found the plat to be in conformance with the Subdivision Regulations of the City of Dubuque and recommends your favorable considera- tion of the plat subject to approval by the Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Coupcilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None Absent — Mavor Lundh RESOLUTION NO. 396-76 Resolution approving the Plat of Blocks 1 and 2 each In "Phase Two of Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa WHEREAS, There has been filed with the City Clerk a plat of the Subdivision to be known as: "Phase two of Stone HUI Community Subdivision No. I" in the City of Dubuque, Iowa, WHEREAS, there are on file in the oMce of the City Engineer of Dubuque, Iowa Improvement Plans and accom- panying specifications showing loca- tion and grade of sanitary sewer. water and drainage facilities within the area shown on said plat; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex. amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except water and sewer as specified have not been installed; NOW THEREFORE, BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa: S6ctlpn 1. That the plat of Blocks 1 and 2. each to "Phase Two of Stone HUI Community Subdivision No." in the City of Dubuque, Iowa, be and the same 549 is hereby approved and the Mayor and City Clerk are hereby authon'zed and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owner of said property herein named, execute written accep- tance hereto attached agreeing: a. To install sewers in accordance with the plans described herein and sub. mitted with the plat; b. To install water mains in accordance with plans and specifications filed by the owner in the office of the City Engineer, City of Dubuque, Iowa; c To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; d To maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; e. To provide the foregoing construc- tion and maintenance at the sole ex. pense of the Subdivider, Stonehill Development Corporation as owner; f To construct said improvements, prior to------- Sectlon 2. Stone Hill Development Corporation has established an Iowa Corporation known as Stone Hill Com- munity Association; said Stone Hill Community Association is a property owner's association and shall provide for the maintenance, improvement and development of real property, and im. provements and fixtures located ther- eon, which shall be subsequsntly deeded by Stone Hill Development Corporation to Stone Hill Community Association in "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa. Stone Hill Community Association has the power to levy charges and assessments against members of said corporation which shall be leins against the property owned by the members of said corpora- tion within "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa. for the purposes Of maintaining. developing and imprxrv- ing all real property which shall be subsequently deeded bystone Hill to Stone HUI Development Corpo ton Community Association in "Phase Two of Stonehill Community Subdivision No. I" in the City of Dubuque, Iowa. Section 3. Property owned by Stone Hill Community Association isba Phhse Two of Stone Hill Community ston No. I in the City of Dubuque. Iowa will also be known as Common Area 550 Session, November 1, 1976 which property shall be maintained for the purposes identified on the final development plan and kept in neat and proper order; the City of Dubuque, Iowa, shall have a perpetual easement to enter, and pass over and upon said real property in "Phase Two of Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa, for such ordinanary maintenance services and emergency services as are regularly and customarily provided by the City of Dubuqus, Iowa, in the City of Dubuque, Iowa, and for such services or duties which the City of Dubuque, Iowa may be obligated by law to perform on said premises. a. Certain improvements, as shown on Improvement Plans on file in the of- fice of the City Engineer of Dubuque, Iowa, within Block 2 in "Phase Two of Stonehill Community Subdivision No. 1" in the City of Dubuque, Iowa, shall be public improvements and are her- eby so dedicated to the City of Dubuque, Iowa. It is understood and agreed that upon final acceptance by the City of Dubuque, Iowa, said im- provements shall be owned and maintained by the City of Dubuque, Iowa. b. The streets and parking areas locat- ed on Block 2 in "Phase Two of Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa, shall be private streets and parking areas and owned by Stone Hill Com- munity Association, and shall be held with other common property shown upon the pain within the jurisdiction of Stone Hill Community Associa- tion, and further providing that the city may enter such streets and park- ing areas to provide necessary emer- gency services or other services or duties which it may be obligated by law to perform on the premises; that the City may enter the street and perform necessary maintenance whenever the private owner fails tc do so, and assess all costs to such owner. :. All assessable costs for maintenance or services, described herein, per- formed by the City of Dubuque, Iowa on, or directly benefiting, Block 2 in "Phase Two of Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa, shall be assessed against Stone Hill Community As- sociation and a lien upon said real property. Section S. That in the event Stone Hill Development Corporation shall fail to execute acceptance within 45 days after the date of this Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved by unanimous recorded roll call this 1st day of November, A.D., 1976. Emil Stackis Mayor Pro Tem Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 39&76 We, the undersigned. Stone Hill Development Corporation having read the terms and conditions of the forego- ing Resolution No. 396-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 22nd day of November, 1976. Stone Hill Development Corporation By Geo. E. Deininger Vice President TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. ---- has been furnished by the owners. Dated at Dubuque, Iowa, this --- day of ----, 1976. City Manager Councilman Tully moved adoption of the resolution subject to approval of the Engineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. A Progress Report on the Dubuque Sanitary Landfill, dated October 28, 1976, was submitted by Emil Stackis, member of the Dubuque Metropolitan Area Solid Waste Agency. Councilman Tully moved that the report be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communications of HD&R, submit- ting reports on the Dubuque Metropoli- tan Area Solid Waste Agency Sanitary Landfill, dated October 15, 1976 and October 27, 1976, were presented. Regular Session, November 1, 1976 551 Councilman Tully moved that the RESOLUTION NO.398.76 reports be referred to Citv Staff for WHEREAS• applications for Beer written comments. Seconded by Coun- Permits were filed by the within named cilman Brady. Carried by the following applicants and they have received the vote. approval of this Council; and Yeas — Mayor Pro Tem Stackis, WHEREAS, the premises to be oc- Councilmen Brady. Tully. Wertzberger cupied by such applicants were inspect - Nay'; — None. ed and found to comply with the Ordin- Absent — Mayor Lundh. ances of this City and they have filed A RESOLUTION granting Class "B" proper bonds; Beer Permit application to David Har- NOW THEREFORE BE IT RE- vey Erickson: SOLVED by the City Council of the City A RESOLUTION directing the is- of Dubuque. Iowa• that the Manager be suance of Class "B" Beer Permit to authorized to cause to be issued to the David Harvey Erickson; following named applicants a Beer A RESOLUTION granting a Cigarette Permit. License to David Harvey Erickson, all CLASS "B" BEER PERMIT for 500 Rhomberg Avenue. presented Big G Steak House. Inc. (Also Sunday and read. Sales), Plaza Police Chief O'Brien addressed the Council objecting to the issuance of the Passed, adopted and approved this Ist permit & license day of November 1976. David Erickson spoke to the Council Emil Stackis on his own behalf. Mayor Pro Tem Mayor Pro Tem Stackis moved dental Thomas A Tully Jr. of David H. Erickson beer application. Richard Wertzberger Seconded by Councilman Tully Camed James E. Brady by the following vote: Councilmen Yeas — Mayor Pro Tem Stackis, ATTEST: Councilmen Brady. Tully, Wertzberger Leo F. Frommelt Nays — None. City Clerk Absent — Mayor Lundh. Mayor Pro Tem Stackis moved adop- RESOLUTION N39 tion of the resolution. Seconded by red Councilman Brady. Carby the fol - WHEREAS, applicationsO. for Beer lowing vote, Permits have been submitted to this Yeas —Mayor Pro Tem Stackis. Council for approval and the same have Councilmen Brady. Tully, Wertzberger. been examined; Nays —None. NOW THEREFORE BE IT RE- Absent —Mayor Lundh. SOLVED by the City Council of the City RESOLUTION NO. 3W76 of Dubuque, Iowa, that the following WHEREAS• applications for Liquor applications be granted and permits Licenses have been submitted to this issued upon the compliance with the Council for approval and the same have terms of the Ordinances of the City Lx'examined, CLASS "B" BEER PERMIT NOW THEREFORE BE IT RE - NO Big G Steak House, Inc., (Also Sunday SOLVED by the City Council of the Cit Sales). Plaza " 2(1" of Dubuque, Iowa' that thefollowing applications be approved lis wis Passed• adopted and approved this Ist issued upon the compliance with the day of November. 1976. of Chapter 131, Acts of the Emil Stackis provisions First Regular Session, 64th General Mayor ProTem 'Phomas A Tully Jr. Assembly. "C" (COMMERCIAL) BEER Richard Wertzberger CLASS AND LIQUOR LICENSE James E. Brady Homan 7 ( ran, (Also Sunday Sales), Councilmen 163(1 East 16th St. ATT[:ST. Michael J. Lucas, Jr..Ill(i4 lJniversity Mic Leo F. Frommelt Aha ve City Clerk Mayer Pro Tem Stackis moved adop roved this Ist Passed, adopted and approved tion of the resolution Seconded by day of November, 1976. Emil Stackis Councilman Brady. Carried by the fol- Mayor Pro Tem lowing vote. Thomas A Tully Jr. Yeas — Mayor Pru Tem Stackis, y Richard Wertzberger Councilmen Brady, Tully. Wertzberger. James E: Brady Nays — None (')uncilmen Absent — Mayor Lundh 552 Regular Session, November 1, 1976 ATTEST: Leo F. Frommelt City Clerk Mavor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. RESOLUTION NO. 400-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Homan T. Chan, (Also Sunday Salus, 1630 East 16th St. Michael J. Lucas, Jr., 1064 University Ave. Passed, adopted and approved this 1 st day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by - Councilman Brady. Carried by the fol\ lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Walter A. Pregler, Chairman of Community Development Commission, requesting a work session with various Commissions concerning neighborhood park development, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Mavor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Walter A. Pregler, Chairman of Community Development Commission, advising of Council request relative to resolution regarding restructuring of their group be tabled until the budget has been cleared, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Communication of Robert A. Funk, requesting purchase of a city -owned Lot adjacent to 1397 Delhi Street, presented and read. Councilman Brady moved that the communication be referred to the City Manager. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis. Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. There being no further business, Councilman Wertzberger moved that the meeting adjourn. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Mayor Lundh. Leo F. Frommelt City Clerk Approved March 10, 1977 Adopt March 10, 1977 Special Session, November S, 1976 553 CITY COUNCIL OFFICIAL Special Session, November 8, 1976. Council met at 7:00 o'clock P.M. (C.S.T) Present — Mayor Lundh, Council- men Brady, Tully, Wertzberger. City Manager Gilbert D Chavenelle. Absent — at roll call— Councilman Stackis. %lavor Lundh read the call and stated that service thereof had been duly made and this Meeting is called to consider ADOPTION OF RESOLUTION DIR- ECTING THE TRANSFER OF COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE COMIS- KEY PARK IMPROVEMENT PROJECT TO THE COMISKEY PARK SHELTER PROJECT and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Community Development Commission recommend- ing that the amount of $5.504 over the engineer's estimated amount for the construction of the Comiskey Park warming house he tranferred from the CDBG funds to Comiskey Park Shelter project, presented and read. Council- man Wertzberger moved that the com- munication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mavor Lundh, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent -- Councilman Stackis. RESOLUTION NO. 401-76 A Resolution Directing the Transfer of Community Development Block Grant Funds from the Comiskey Park Improvement Project to the Comiskey Park Shelter P►ojeect. NOW, "THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. That an amount not tyi exceed five thousand five hundred • d four dollars ($5,5()4.()()) shall he trans ferred from the Comiskey Park Im provement Project of the Community Development Block Grant program, for purposes of securing the award of a construction contract for the Comiskey Park Shelter Project. Section 2. That the foregoing transter of funds has heretofore been approved by the Community Develop. ment Commission. Passed, approved and adopted this 9th day of November, 1976. Alvin E. Lundh Mayor Richard Wertzberger .lames E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mavor Lundh moved adoption of the resolution subject to reduction of excess concrete slab. Seconded by Councilman Wertzberger. Carried by the following vole: Yeas — Mayor Lundh, Councilmen Bradv, Wertzberger. Nays — Councilman Tully. Absent — Councilman Stackis. Councilman Stackis entered the Council Chambers at 7:20 P.M. At 7:23 P.M. Councilman Brady moved to go into Executive Session to discuss Personnel. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Council Reconvened in Regular Ses- sion at 7:30 P.M.; No Action Taken. There being no further business, Mavor Lundh moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Leo F. Frommelt ttv Clgye,rk Approvedar March 10, 1977 Adopt March 10, 1977 554 Special Session, November 15, 1976 CITY COUNCIL OFFICIAL Special Session, November 15, 1976. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Lundh, Council- men Brady, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Stackis. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the PUR- POSE OF CONDUCTING PUBLIC HEARINGS ON THE VACATION AND SALE OF VARIOUS CITY -OWNED PROPERTIES and acting upon such other business as may properly come before a Regular Meeting of the Council. A Decision on the "Petition for An- nexation by the City of Dubuque, Iowa, before the City Development Commit- tee, State of Iowa" was presented. City Attorney Russo made a verbal report on Annexation Meeting held in Des Moines today (Nov. 15) stating: We were not heard from at Des Moines and have no decision to date; Decision of October 5, 1976 was questionable; City must wait until December 6, 1976, for fucther consideration. Councilman Wertzberger moved that the Decision be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. A Proclamation proclaiming Sunday, November 28, 1976, as "We Love Lucy Day" was approved and signed by Mayor Lundh. Communication of Playground & Recreation Commission submitting minutes of their meetings of October 28 and November 8, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of November 1, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Peoples Natural Gas advising October 27 increase will result in a revised increase of .9M for intown and .843 for rural customers despite Federal Power Commission ruling which delayed effectiveness of all companies, presented and read. Coun- cilman Tully moved that the commun- ication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mavor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Iowa D.E.Q. ad- vising of issuance of permit for Terminal Street Force Main Wastewater Treat- ment Facilities, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of League of Women Voters submitting the name of Mrs. Maxine Griep for the Proposed Citizens for Annexation Committee, presented and read. Mayor Lundh moved that the communication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Youth Services submitting a list of vacancies on Youth Services Board of Directors and requesting replacements, presented and read. Mayor Lundh moved that the communication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Dock Commission advising of expiration of William Woodward's position to the Dock Board and requesting consideration for a re- appointment, presented and read. Mayor Lundh moved that the commun- ication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Special Session, November 15, 1976 555 Brady. Tully, Wertztwrger Nays — None. Absent — Councilman Stackis. Communication of Dubuque Dock Commission advising that the Commis- sion reponded to Conti -Lamers offer of transfer of the old freight house as not being acceptable, however negotiations will continue, presented and read Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Dubuque Dock Commission advising that scheduling of the Area "C" seminar has been con- firmed for December 2nd and 3rd and looking forward to as much input as possible from officials and public. pre- sented and read Councilman Brady Carried by the following vote' sented and read Councilman 'Tully moved that the communication be received and filed Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Dubuque Dock Commission submitting a letter from U.S. Army Corps of Engineers relative to housing of the "Floyd", however the maintenance cost would be prohibitive and requesting some indication from the Council as to their thinking, pre- sented and read. Dock Commission Manager. Shirley Lang, addressed the Council relative to communication stating operation cost based on N hours a day for 52 weeks would be estimated at $49,(XV. per year; may ask for a seasonal operation, Com- mission was apprehensive about opera- tion cost of U.S.S. Floyd. Mayor Lundh moved that the com- munication be referred to the next Council Meeting. Seconded by Council man Wertzberger. Carred by the fol lowing vote Yeas — Mayor Lundh. Councilirren Brady, Tully, Wertzberger Nays — None. Absent — Councilman Stackis. Communication Of luwa Mississippi River Parkway Commission advising of meetings to be held in November for the benefit of individuals, Organizations Oi commissions interested in development of the Great River ROad in Iowa, pre --It sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Communication of Five Flags Center Building Committee submitting a list of various cost items aad requesting con- currence and approval, presented and read. Councilman Tully moved to su- spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Mrs. Jackie Merritt spoke to the Council relative to communication and Council suggested to cut out travel expenses by Architect from Dubuque to Madison, however travel to Consultants would be okay. Councilman Wertzberger moved that the communication be received and filed and request approved. Seconded by Councilman Tully. Carried by the fol- lowing vote. Yeas — Mayor Lundh, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. November 12. 1976 Honorable Mayor and City Council I herebv submit the annual report for Affirmative Action for the City of Dubuque as prepared by the Equal Em- ployment opportunity Officer. Also enclosed as a matter of mfonna- tion is a recent letter from the U.S. Department of Housing and Urban Development in connection with a recent equal opportunity monitoring review of the city's Community Development Gi rant Program, bert D. Chavenel e City Manager Councilman yyertzberger moved that the communication and report be received and filed. Seconded by Coun. cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. "fully, Wertzberger. Nays — None. Absent — Councilman Stackis. s for Printed Council Proceedings for month of June, 1976, presented Council approval. Councilman Wertz- 556 Special Session, November 15, 1976 berger moved that the proceedings be approved as printed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. November 1, 1976 Honorable Mayor and City Council On October 10, 1976, claim was filed against the City of Dubuque, Iowa by Mrs. Chris Kurt of 738 Montgomery Ave., East Dubuque, III. for unspecified damages in an unspecified or stated amount claiming that on October 1, 1976 she ran over puddles of paint in the street when driving on Kerper Boulevard in Dubuque, Iowa. This matter was referred to the ap- propriate City Agency who has made an investigation of said matter and finds no liability on the part of the City of Dubuque and in view of the foregoing, it is the recommendation of the City At- torney that the claim of Mrs. Chris Kurt be denied. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. October 29, 1976 Honorable Mayor and City Council On March 21, 1976, Douglas M. Tem- pleton, age 9 years, of St. Donatus, Iowa was injured as the result of a fall from the monkey bars at Allison Henderson Playground and he received head injur- ies and broken right arm from said fall when he struck his head on the cement in which the monkey bars are imbedded. The parents of the child did not file a claim but they, and the insurance ad- juster, pointed out that the cemented area in the middle of the monkey bars is very much exposed and contributed greatly to the injuries received. They suggested that the Park Department make an effort to do something about covering the cemented area with dirt or sand type material to reduce the expo- sure of the cement and lessen injury risk. In view of the foregoing, it is the recommendation of the City Attorney that note be taken of the suggestion of the parents of the injured child and the Park Department be instructed to review such type installations with a view of reduction of exposure for ac- cidents and injuries. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. November 8, 1976 Honorable Mayor and City Council Annexation As you know, the Application for Rehearing and/or Reconsideration was filed by the objectors to the annexation proposal of the City of Dubuque, Iowa. The City Council hasdirected the City Attorney to interpose objections and resistance to such Application, and ac- cordingly, said Resistance and Objec- tion was filed and served on the appro- priate parties by certified mail on November 5, 1976. Accordingly, I respectfully submit a copy of the Application for Rehearing and/or Reconsideration and the City's Objection and Resistance thereto. R. N. Russo City Attorney Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Notice of truck damage claim of Elroy J. Hinz, in the amount of $82.40, for damage incurred as the result of a City water truck striking his vehicle on Oc- tober 1, 1976, on LaVista Drive, pre- sented and read. Councilman Wertz. berger moved that the Notice of Claim be referred to the City Solictor for proper proceedings. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. November 10, 1976 Honorable Mayor and Councilmen In response to a communication from Session, November 15, 1976 557 Chief Robert N. Dunphy, of the City Fire Department, which noted that the new- ly platted street "Martha Court" is a duplication of the existing "Martha Street" and could result in confusion when answering emergency calls from those locations, we herewith transmit an Ordinance changing the name of "Martha Court" to "Sundown Court". Daniel Dittemore City Planner Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. ORDINANCE NO. 56-76 AN ORDINANCE CHANGING THE NAME OF MARTHA COURT TO SUN- DOWN COURT, IN ASBURY SPRINGS SUBDIVISION NO. 3. IN THE CITY OF DUBUQUE, IOWA, presented and read. Mayor Lundh moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Mayor Lundh 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 Tully. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis ORDINANCE NO. 56-76 AN ORDINANCE CHANGING THE NAME OF MARTHA COURT TO SUW DOWN COURT, IN ASBURY SPRINGS SUBDIVISION NO 3 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there appears in the records of the of the Dubuque County Recorder a plat of "Asbury Springs Subdivision No. 3", in the City of Dubuque, Iowa, recorded as instrument No. 8129-76 therein, as orginally ap• proved by the City Council of the City of Dubuque, Iowa by Resolution No. 302-76; and WHEREAS, said "Asbury Springs Subdivision No. 3" has platted, named and dedicated to the public. a street known as Martha Court; and —t. WHEREAS, said platted Martha Court is so named in duplication of another public street within the City of Dubuque, Iowa, which duplication is potentially a source of confusion to the public and a danger to the public health, safety and welfare in the event of a call for emergency services to locations upon said streets; and WHEREAS, Section 409.17 of the Code of Iowa, 1975, provides that the City Council may. he ordinance. cause the name of a platted street to be changed. NOW THEREFORE BE IT OR. DAINED by the City Council of the City of Dubuque, Iowa. Section 1. That the platted street known as Martha Court, contained within the "Asbury Springs Subdivision No, 3" in the City of Dubuque, Iowa and recorded as Instrument No. 8129.76 in the record of plats in the office of the Dubuque County Recorder, shall her- eafter be named and known as Sun- down Court. Sec*m 2. That the Mayor and City Clerk of the City of Dubuque, Iowa, shall certify and file this Ordinance, after its passage, with the County Recorder and County Auditor of Dubuque County Iowa; and the Auditor shall make the proper changes on the plats found in the office of the Auditor; and the Recorder shall enter this in- strument of record and make reference on the margin of the original attached lator upon a reference sheet or page to the original plat for that purpose. passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tullv Jr. Richard Wertzberger James E Brady Councilmen A TT'EST: Leo F. Fromrnelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of November, 1976. Leo F. Frommelt City Clerk Itll N Mavor Lundh moved final adoption of the Ordinance. Seconded by Gilman Tully. Carried by the following vote: Councilmen Yeas — Mayor Lundh, Brady, Tully, Wer1Zberger. Nays — None. Absent Councilman Stackis. Special Session November 15, 1976 Special Session, November 15,1976 859 TO SOUTHERLY LINE OF LOT 3 AND therein and right of ingress and egress to LOT 6 OF LIEBE"S SUBDIVISION IN retxiir and maintain the some, THE CITY OF DUBUQUE. IOWA, Section 3. That the City Clerk be and said ordrnanty tm%ing been previously he is hereby ordered and directed to presented and read at the Council publish notice as is by law required. Meeting of November 1. 1976, presented Passed. approved and adopted this for final adept iem 15th day of November. 1976, ORDINANCE NO. 58-76 Alvin E. Lundh Mayor AN ORDINANCE VACATING THAT Thomas A. Tully Jr. PORTION OF WASHINGTON STREET Richard Wertzberger 50 FEET IN WIDTH AND 100 FEET IN i James E. Brady LENGTH FROM THE SOUTHERLY Councilmen PROPERTY LINE OF LIEBE STREET ATTEST: TO SOUTHERLY LINE OF LOT 3 AND Leo F. Frommelt LOT 6 OF LIEBE'S SUBDIVISION IN City Clerk THE CITY OF DUBUQUE. IOWA Published officially in the Telegraph WHEREAS, that portion of Washing- Herald Newspaper this 19th day of ton Street 50 feet in width and 100 feet November, 1976. in length from the southerly property Leo F Frommelt line of Liebe Street to the Southerly line City Clerk of Lot 3 and Lot 6 of Liebe's Subdivision Itl1 /19 in the City of Dubuque. Iowa is no Mayor Lundh moved final adoption of longer needed for street purposes, and the Ordinance. Seconded by Council - Dubuque Storage & Transfer Co. has man Wertzberger. Carried by the fol - petitioned for the acquisition of said real lowing vote: estate; and Yeas — Mavor Lundh, Councilmen WHEREAS, Planning and Zoning Bradv.Tully. Wertzberger. Commission. City of Dubuque. Iowa has Nays — None. approved the vacation of said described Absent — Councilman Stac•kis. real estate; and RESOLUTION NO. 402-76 WHEREAS, the City Council, City of WHEREAS. pursuant to Resolution Dubuque, Iowa deems it in the best and published notice of time and place public interest that said above described of hearing, published in the Telegraph - real estate be vacated subject to the Herald, a newspaper of general circula- conditions and provisions hereinafter tion published on November 4, 1976 in set forth and that disposal thereof to the City of Dubuque, Iowa, the City Dubuque Storage & Transfer Co. be Council of the City of Dubuque, Iowa approved. met on the 15th day of November, 1976 P.M. (Central Standard NOW THEREFORE BE IT OR- DAINED by the City Council of the City at 7:30 o'clock Time) in the City Council Chambers, of Dubuque, Iowa: City Hall, Dubuque, Iowa to consider dispose of interest of the Secdon 1. That the vacation of that portion of Washington Street 50 feet in the proposal to City of Dubuque. Iowa in real estate, to Dubuque Stor- width and 100 feet in length from the hereinafter described. & Transfer Co.; and southerly property line of Liebe Street to southerly property line of Lot 3 and age WHEREAS, City Council of the City any and all Lot 6 of Liebe's Subdivision in the City is of Dubuque. Iowa overruled objections oral or written, to the propo- of Dubuque, Iowa be and the same hereby approved. sal to dispose of interest of City of in the hereinafter de- 2. That the disposal o/ inter- Dubuque, Iowa real estate to Dubuque Storage est of the City of Dubuque, Iowa in and scribed scribed & Transfer Co.: ' to that portion o/ Washington Street 50 NOW THEREFORE BE IT RE - feet to width and 100 feet in length from SOLVED by the City Council of the City the southerly property line of Liebe Street to the southerly property line of of Dubuque, laws; Section 1. That the disposal of in Lot 3 and Lot 6 of Liebe's Subdivision in of City of Dubuque, Iowa in and b the City of Dubuque, Iowa to Dubuque terest to and conveyance that vacated por- in Sto►age &Transfer Co. /or the total ;a purchase pnce of Fifty (550.(i0) Dollars. tion of Washington Street 50 feet 100 feet in length from the Plus costs of publication and recording fees, that title will be width and southerly property line of Liebe Street line of Lot 3 no abdtrac•t of furnished undconveyanc•e shall be by to the southerly property Lot ti of Liebe Subdivision in the Quit Claim Ueed and City reserves and and Dubuque, Iowa to Dubuque retains easements for utilities located City of 560 Special Session, November 15, 1976 Storage & Transfer Co. be and the same is hereby approved for the purchase price of Fifty (160.00) Dollars plus costs of publication and recording fees, sub- ject to existing easements reserved and retained by the City of Dubuque, Iowa for utilities located therein and for in- gress and egress to repair and maintain the same, and that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed. Secdw 2. That the Mayor and City Clerk be and they are hereby authorized to execute said deed of conveyance and the City Clerk be and he is hereby authorized and directed to deliver said deed of conveyance to the grantee upon payment of purchase price in full. Sectlon 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of vacation and time and place of hearing to dispose of interest in a portion of Viola Street to Dubuque Community School District, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chambers at the time set for the hearing. Mayor Lundh moved that the proof of publica- tion be received and filed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. ORDINANCE NO. sY-76 AN ORDINANCE VACATING THAT PORTION OF VIOLA STREET LYING NORTH OF EAGLE STREET IN THE CITY OF DUBUQUE, IOWA BEING 40 FEET IN WIDTH AND 100 FEET IN LENGTH AND ORDERING DISPOSAL THEREOF, said Ordinance having been previously presented and read at the Council Meeting of November, 1, 1976, present- ed for final adoption. ORDINANCE NO. 59-76 AN ORDINANCE VACATING THAT PORTION OF VIOLA STREET LYING NORTH OF EAGLE STREET IN THE CITY OF DUBUQUE, IOWA BEING 40 FEET IN WIDTH AND 100 FEET IN LENGTH AND ORDERING DISPOSAL THEREOF WHEREAS, that portion of Viola Street lying north of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length is no longer needed for street purposes and the Dubuque Community School District has petitioned for that purchase of said described real estate: and WHEREAS. Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vacation of said described real estate: and WHEREAS, the City Council of the City of Dubuque, Iowa deems it in the best public interest that said above de- scribed real estate be vacated and that disposal of the interest of the City of Dubuque, Iowa in said real estate should be approved subject to condi- tions and provisions hereinafter set out: NOW THEREFORE BE IT OR. DAINED by the City Council of the City of Dubuque, Iowa: S@Ctlon 1. That the vacation of that portion of Viola Street lying north of Eagle Street in the City of Dubuque. Iowa being 40 feet in width and 100 feet in length be and the same is hereby approved. Sectlon 2. That the disposal of inter- est of the City of Dubuque in and to that portion of vacated Viola Street lying north of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length be disposed of to the Dubuque Community School Dis- trict for the purchase price of $1•00 Plus costs of publication and recording fees, that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed, be and the same is hereby approved. Smdon 3. That the City Clerk be and he is hereby ordered and directed to publish notice as is by law required. 7 Special Session, November 15, 1976 561 Passed. approved and adopted this 15th day of Notvmber. 1976 Alvin E. Lundh Mayor Thomas A Tully Jr. Richard Wertzberger James E Brad Counrilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of November, 1976 Leo F. Frommelt City Clerk Itll'19 Mayor Lundh moved final adoption of the (Ordinance Seconded by Council- man Tully. Camed by the following vote. Yeas — Mayor Lundh. Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 403-76 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 November 4, 1976 in the City of Dubuque, Iowa, the City Council of the City of Dubuque. Iowa met on the 15th day of November, 1976 at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque, Iowa in real estate. hereinafter described, to Dubuque Community School Distrtct; and WHEREAS. City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the Proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Com- munity School District; NOW THEREFORE BE 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 conveyance of that vacated portion Of Viola Street lying north of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 1(N) feel in length to Dubuque Community Schoch District be and the same is hereby ap- proved for the total purchase price of 81.00 plus publication costs of notices ,slid recording furs, that nu abstract will be furnished and conveyance shall be by Quit Claim Deed, and City of Dubuque reserves arid retains easements for utilities located therein and right of ingress and egress to repair and main- tain the same. Section 2. That the Mayor and the ( rty Clerk be and they are hereby auth. orrzed to execute said deed of con- veyance and the City Clerk be and he is hereby directed and authorized to deliver said deed of conveyance to the grantee. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu. tion in the office of the Dubuque County Recorder Passed, approved and adopted this 15th day of November. 1976, Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST Leo F Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Tully, Wertzberger. Nays — None .Absent — Councilman Stackis. Petition of John J. Duggan requesting permission to install street lights on Knob Hill Dnve, presented and read. Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Braciv, Tully. Wertzberger. Nays — None. Absent — Councilman Stackis. Petition of Carl Burbach requesting permission to install street lights in Buena Vista Subdivision, presented and read. Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carred by the following vole: Yeas — Mayor Lundh, Councilmen Brady, T,u)ly, Wertzberger. Nays — None. Absent — Councilman Stackm petition of Dubuque k session Transit w t the hors- tv requesting a (liuncil and DMATS to discuss Program (it protects. presented and read. Coun- rdman Wertzberger moved that the petition be received and filed and work session be set for November 29, yundh76. ` 4:30 N M Seconded by Mayor ('arried by the following ute: 562 Special Session, November 15, 1976 Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Petition of David Erickson requesting refund of 5300 for unused Class "B: Reer Permit, presented and read. Councilman Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Petition of Mildred A. Witherall, Ex- ecutor of Estate of Cyril N. Meid, Decd requesting refund of $50. on unexpired portion of Cigarette License No. 823, discontinued business on October 7, 1976, presented and read. Councilman Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. November 12, 1976 Honorable Mayor and Members of the City Council Attached for your approval and adoption is a resolution authorizing salary adjustments for various supervi- sory and professional positions in the city of Dubuque. Included are the recommendations made on November 1, for police and fire classifications. Funds for these changes have been al- located in the current budget. After considering the level of respon- sibility required of the employees in these positions and the salaries being paid by other municipalities we believe these adjustments are equitable and recognize the important services being provided by our city officials. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Tully, Wertzberger. Nays — Councilman Brady. Absent —Councilman Stackis. RESOLUTION NO. 404-76 Resolution authorizing the City Man- ager to adjust the salaries for var- ious classifications In the City of Dubuque WHEREAS, a job evaluation has been made by the City Manager's office of supervisory and professional posi- tions in the City of Dubuque; and WHEREAS, each position was reviewed on its level of responsibility by using the methodology of weighing education, experience, job complexity, managerial responsibility and respon- sibility in serving the public needs; and WHEREAS, a comparison of the salaries of these managerial positions in the City of Dubuque was made with comparable positions of other major Iowa cities and from statistics in na- tional publications; and WHEREAS, as a result of these posi- tion evaluations and salary analysis it is evident that adjustments in salaries of certain managerial positions in the City of Dubuque are necessary to eliminate inequities. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the City Manager be authorized to make salary adjustments of various positions in the City of Dubuque 1976 Salary Plan as identified on the at- tached exhibit. Passed, approved and adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger 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 Lundh, Councilmen Tully, Wertzberger. Nays — Councilman Brady. Absent — Councilman Stackis. November 12, 1976 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1976 Asphalt Paving Project No. 2 (English Lane) has been complet- ed in accordance with the City of Dubuque plans and specificationa. 1, therefore, recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Special Session, November 15, 1976 563 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Final Estimate RESOLUTION NO. 405-76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No. 2 (English Lane) from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is herebv determined to be $40,886.56. That $29,117.90 of the cost thereof shall be assessable upon private proper- ty and $11,768.66 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady 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 — Mavor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 406-76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No. 2 (English Lane) from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby dir- ected to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady 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 Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. RESOLUTION 407-76 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 Cigar- ettes and Cigarette Papers within said City. E.R. Carpenter Co., 9th and Jackson Streets Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor 564 Special Session, November 15, 1976 Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 408-76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Loras College, Alta Vista & Loras Blvd. CLASS "C" BEER PERMIT Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2255 J.F. Ken- nedy Road Hartig Drug Company, 2255 Central Avenue Lucky Stores, Inc., 200 South Locust St. Thompson's Food Markets, Inc. Oky Doky 6, 1256 Iowa Street Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 409-76 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 oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Loras College. Alta Vista St. and Loras Blvd. CLASS "C" BEER PERMIT Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2255 J.F. Ken- nedy Road Hartig Drug Company, 2255 Central Avenue Lucky Stores Inc., 200 South Locust Street Thompson's Food Markets, Inc., Oky Doky 6,1256 Iowa Street Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 410-76 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 following applications 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 Crane Enterprises, Inc., 2245 Kennedy Road Shirley Mihalakis, (Also Sunday Sales), 574 E. 16th Street Lowrie E. Smith, (Also Sunday Sales), 521 E. 22nd Street Town Clock Inn, incorporated, Nesler Centre, 8th & Main Sandra Leppert, (Sunday Sales), 1103 Iowa Street Hazel E. Koeller, (Sunday Sales), 2987 Jackson Street Special Session, November 15, 1976 565 Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 411-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Crane Enterprises, Inc., 2245 Kennedy Road Shirley Mihalakis, (Also Sunday Sales), 574 E. 16th Street Lowrie E. Smith, (Also Sunday Sales). 521 E. 22nd Street Town Clock Inn, Incorporated, Nesler Centre, 8th & Main Hazel E. Koeller, (Sunday Sales), 2987 Jackson Street Sandra Leppert, (Sunday Sales), 1103 Iowa Street Passed, adopted and approved this 15th day of November, 1977. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent —Councilman Stackis. October 4, 1976 To the Honorable Mayor and City Council I would recommend that the petition of Mr. Runde to construct a wall in the allev behind Lot 29 in Althuser's Sub- division be denied, in lieu of the following. Mr. Runde should remove his fill in the alley down to the previous grade along the property line of Mr. Welter's side of the alley, and also remove the fill and extension in height of the concrete slab wall which crosses the alley behind Mrs. Nutt's lot. After the fill is removed I would recommend that Mr. Runde be granted the privilege to come up from the exist- ing grades on a two -to -one slope to the grade he has proposed as being nearly level with his garage floor. This slope shall be sodded and maintained by Mr. Runde, and the top edge shall have some type of precast concrete bumper blocks installed. This will approximately restore the alley along Mr. Welter's side to its original grade and allow Mr. Runde access to his garage. Gilbert D. Chavenelle Citv Manager Mayor Lundh moved that the City Manager's recommendation of October 4th be adopted and compromise sub- mitted by City Engineer as an interim solution, be submitted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. AT 9:15 P.M. Councilman Tully moved to go into Executive Session to discuss Personnel, Appointments and pending Land Acquisition. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Council reconvened in Regular Ses- sion at 9:52 P.M. llow- Mavor Lundh announced the Toward ing appointments: William Woodward to the Dock Boad for a three (3) year term expiring 26-79; and Charlotte Kelly, Don Hingtgen and Allan Chidley to the Rehabilitation Commission. Councilman Tullv moved ratification of 566 Special Session, November 15, 1976 the appointments. Seconded by Coun- cilman Wertzberger. Carried by the fol. lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. There being no further business. Councilman Wertzberger moved to ad- journ. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Tully, Wertzberger. Nays — None. Absent — Councilman Stackis. Leo F. eeFF rommelt Approved March 10, 1977 Adopted March 10, 1977 Regular Session, December 6, 1976 567 CITY COUNCIL OFFICIAL Regular Session, December 6, 1976. Council Met at 7:30 P.M. (C.S.T.) Present — Mayor Lundh. Council- men Brady, Stackis, Tully. Wertz- berger. City Manager Gilbert D. Chav enelle. Mayor Lundh read the call and stated that service thereof had been duly made and this is a REGULAR MEETING of the Council called for the purpose of acting upon such business as may properly come before the Meeting. Kerin Moldenhauer, Sandy Sander- son and C. Robert Justmann, members of the "Operation Sleigh" Committee submitted a report of their activities concerning the Christmas project for the U.S.S. Dubuque; 100 dozen Christ- mas Cookies, donated by James Sutter of Moes Bakery,; 2 boxes Betty Jane Candy donated by John Heinz; Assorted Christmas Candies donated by Cliff Walsh of the Walsh Stores, and 600 Christmas Cards by Sister Tress Klein of Mt. St. Francis Convent were sent to the crew and officers of the ship. Communication of Dubuque Ambas- sadors requesting an audience to pre- sent awards recently won in the Iowa Community Betterment Contest, pre- sented and read. Mike Keegan. Chair- man of Dubuque Ambassadors, ad- dressed the Council stating this is the third year in a row that the City of Dubuque Ambassadors have been recognized by the State of Iowa; City was awarded 2nd place; Received a check for $300.00, which was presented to the City. Councilman Stackis moved that the communication of Dubuque Ambas- sadors be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of November 11, 1976, 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning & Zon. ing Commission submitting minutes of their meetings of November 17 and December 1, 1976, presented and read. Councilman Tully moved that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeass— Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Commis- sion submitting minutes of their meet- ing of November 16,1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission submitting minutes of their meetings of November 3rd and 10th, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of November 9, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeass— Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Airport Commission submitting minutes of their meeting of November 10, 1976, 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 Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of DMATS submit- ting minutes of their meeting of October 28, 1976, presented and read. Council- man Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Citizens Advisory Commission submitting minutes of their meeting of November 23. 1976, presented and read. Councilman Tully moved that the minutes se received and man Wertz- berger. Seconded by Carried by the following vote: Yeas — Mayor Lundh, Councilmen 568 Regular Session, December 6, 1976 Brady, Stackis. Tully, Wertzberger. Nays — None. Communication of Five Flags Center Building Committee submitting min- utes of their meetings of November 18, 24. 30 and December 2, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Iowa .D.O.T. sub- mitting meeting dates along with legend of Great River Road and Federal Aid Highway Program manual, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. being in receipt of progress report and en- couraging the City to comply with provisions of the permit relative to Wastewater Treatment Facility, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Stackis. Carred by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of State of Iowa City Development Board advising that a rehearing will be held on annexation on December 6, 1976; also addendum to brief and agreement on annexation pe- tition submitted by the City Attorney, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeass— Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Chamber of Com- merce, Budget Review Committee, re- submitting a copy of Chamber's recom- mendations for budget year 1977, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission (forward from meeting of November 15th) relative to the disposition of towboat "Sergeant Floyd" (City Man- ager's cost of mooring and operation cost), presented and read. Councilman Stackis moved to su- spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Dock Commissioner Wayne Molden- hauer spoke to Council recommending that the City not proceed any further toward mooring of "Sergeant Floyd"; Too Expensive. Councilman Wertz- berger moved that the Dock Commis- sion not accept original proposal from U.S. Army Corps of Engineers but to go back to them with a counter proposal. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Stackis moved that the communication of Dock Commission be received and filed. Seconded by Coun- cilman Wertzberger. Carred by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Iowa Mississippi River Parkway Commission encourag- ing the City to attempt to secure the Sergeant Floyd and establish a perman- ent home for it, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission submitting copy of proposed lease with Katuin Bros. Inc., presented and read. Councilman Wertzberger moved that the communication and lease be referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Board requesting that the Commission and Attorney Bertsch be given an oppor- tunity to discuss leasing of Dove Harbor and old Burlington Freighthouse, pre- sented and read. Mayor Lundh moved that the communication be referred to the Dock Commission for continued Regular Session, December 6,1976 569 negotiations. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzherger. Nays — None. November 22, 1976 Honorable Mayor and Councilmen In considering the rezoning request of Mr. Don Staley for expansion of a C-2 Commercial District to include two lots lying nest of the A. & P. Store in the 3400 block of Asbury Road and extend- ing southward to Dana Drive, the City of Dubuque Planning and Zoning Com- mission received the attached petition bearing the signatures of 99 area re- sidents objecting to Mr. Staley's re- quest. The Staley request was thereafter withdrawn. The petition submitted to the Com- mission by the area residents also proposed reclassification of the Asbury Road -Dana Drive property from C-2 Commercial District and R-5 Residen- tial to R-4 and R-3 Residential District classifications, respectively as shown on the attached map and described as follows: From C-2 to R-4 District classifica- tion: the westerly 40 feet of Lot 8 of Block 1 and the westerly 40 feet of Lot 8 of Block 2 in Westchester Subdivision; in the City of Dubuque, Iowa. From R-5 to R-3 District classifica- tion: Lots 1 through 7 of Block I and Lots I through 7 of Block 2 all in Westchester Subdivision in the City of Dubuque, Iowa. The commission has determined that the current zoning classification applied to the subject properties is appropriate and consistent with long-standing land use policy for that vicinity and recom- mends the petition for reclassification be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzberger moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning & Zon ing Commission advising of no actio taken on the H.R.W. request for zoning 'eclassification of 19 acres in Key Knolls iub. unit) west side traffic problems are resolved, presented and read. Robert Bertsch, representing H.R.W. As- sociates, addressed the Council requesting a Public Hearing; incumbent upon Council to comply with Ordinance Requirement. Councilman Wertzberger moved that the communication of Planning & Zoning be referred to the next Council Meeting on December 20, 1976. Seconded by Councilman Stackis. Carried by the following vote: Yeass— Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Finance Director submitting Annual Financial Report ending June 30, 1976, presented and read. Councilman Stackis moved that the communication and report be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Fays — None. Communication of Recreation Direc- tor submitting financial and participa- tion report on the operation of the San Jose Center thru November, 1976, pre- sented and read. Councilman Wertz- berger moved that the communication and report be received and filed and recommendation of Recreation Director be accepted. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communications of Iowa D.E.Q. sub- mitting water main extension permit for Mettel-Byrne Addn., Blocks 14 & 15 and Water Main and Sanitary Sewer Exten- sion permits for Jaeger Heights Sub- division, presented and read. Council- man Stackis moved that the commun- ications be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None., December 3, 1976 Honorable Mayor and City Council The Mehas requested the Realty and I installati nt Company on Short Street. Of two street lights along Short in The Electrical inspec the area and it is recommended that the request be approved. I have attached Mr. Alber's letter reporting the situation. Gilbert D. Chavenelle City Manager 570 Regular Session, December 6, 1976 Councilman Stackis moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. November 23. 1976 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Health Department, Water Superinten- dent, as well as a list of claims paid, for the month of October, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Receipts and Expendi- tures, also list of claims paid for the month of October, 1976, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 3, 1976 Honorable Mayor and City Council I have appointed Mr. Leonard Backes for a second term on the Plumbing Board extending to November 2, 1981. Also, I have appointed Mr. Thomas Geisler to fill the unexpired term of Mr. Robert Mond on the Heating, Ventilat- ing, Air -Conditioning and Refrigeration Board to March 16, 1978. 1 request that you affirm these appointments. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and appointments approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the month of July, 1976, presented for Council approval. Councilman Stackis moved that the Council Proceedings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. November 16, 1976 Honorable Mayor and City Council On October 12, 1976, claim was filed against the City of Dubuque, Iowa by James R. Kemp, 2660 Queen Street, in the amount of $135.00 claiming damages to the siding of his home in August, 1976 as the result of baseballs repeatedly striking said house while children were playing at the Queen and Burden Streets Playground and damaging the siding. This matter was referred to the ap- propriate City Agency who has inves- tigated the same and has reported to the City Attorney's by way of written report that said matter has been amicably dis- posed of. In view of the foregoing, it is the recommendation of the City Attor- ney that the claim of James R. Kemp be denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of denial be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Honorable Mayor and City Council On November 1, 1976, Elroy J. Hinz, 1896 Finley Street, filed claim against the City of Dubuque in the estimated amounts of $90.64 and $82.40 claiming damages to the left fender of his truck, resulting from a city owned truck, operated by a city employee, allegedly backing into his vehicle while it was parked on LaVista Drive on October 1, 1976. Said matter was referred to the ap- propriate City Agency who made an investigation thereof and reported to the City Attorney's office on November 16, 1976 by written report advising that said matter had been amicably disposed of. In view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of denial be ap- Regular Session, December 6, 1976 571 proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. November 12, 1976 Honorable Mayor and City Council On August 22. 1976, Velma H. Wild of 752 University, filed claim against the City of Dubuque, Iowa claiming per- sonal injuries suffered by her on August 9, 1976 as the result of a fall at the intersection of University Avenue and Air Hill Street due to slipping on loose gravel in the street claiming damages in the amount of $45.65. This matter was referred to the City Attorney's office who has made an in- vestigation of this matter and has con- sulted with the claimant and finds that she is willing to settle her claim in the amount of $45.65 and it is therefore the recommendation of the City Attorney that said claim of Velma H. Wild in the amount of $45.65 be approved and that the City Auditor be instructed to draw warrant payable to Velma H. Wild in the amount of $45.65 and transmit same to the City Attorney for delivery upon receipt of duly executed release. Original claim as filed is herewith returned. R. N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. November 12, 1976 Honorable Mayor and City Council On or about November 13, 1974, City of Dubuque. Iowa was served with Original Notice with petition attached of action filed in the District Court in and for Dubuque County, Iowa being Law No. 40357, wherein Donald J. Men- adue was plaintiff and City of Dubuque, Iowa was named defendant and wherein plaintiff claimed damages against the City of Dubuque alleging that he suf- fered personal injuries on August 16, 1974 as the result of stepping into a hole in the street alleging that said defect caused his injuries and fall and as the result of said fall the plaintiff prayed for damages in the amount of $3(X10.00. The location of said alleged defect was in the curb and street abutting the premises of 2749 Muscatine Street in the City of Dubuque, Iowa. The matter was ready for trial before court on the 12th day of November, 1976 and just immediately to said trial, the plaintiff made an offer of settlement in the a nount of $550.00 and that defen- dant pay the court costs and costs of deposition. The costs of deposition are in the amount of $87.60 and the court costs are in the amount of $18.75. As the result of plaintiffs injuries, the plaintiff suffered damages for medical expenses, X-ray and loss of ingome in the amount of $375.00 and it is the recommendation of the City Attorney's office that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Donald J. Menadue and transmit the same to the City At- torney for delivery upon receipt of deposition expense in the amount of $87.60 and court costs in the amount of $18.75. R. N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of Gloria Ann Fox, in the amount of $431.57 for car damage incurred as the result of being struck by a City Fire Truck on October 26,1976, at 2644 Pinard Street, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Notice of Suit of Thomas V. Chap- man, in the amount of $25110., for per- sonal injuries received in a fall on a defective sidewalk on the westerly side of White Street to the rear of 1825 Cen- tral Ave., on September 9, 1975, pre- sented and read. Councilman Tully moved that the Notice of Suit be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carred by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. y Nays — None. 572 Regular Session, December 6, 1976 Notice of Claim of J. Robert Alvis Ill, small claims in the amount of $50., for car damage incurred by the entry gate of the Locust Street Parking Ramp, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for in- vesigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider amending the Zoning Ordinance to create an OR-I"a" Of- fice -Residential 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 Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 60-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" TO ENACT A NEW SECTION 4.109.7 OF ARTICLE IV THEREOF, CREATING AN OFFICE. RESIDENTIAL DISTRICT OR -1 "a" PRESCRIBING, THEREIN, A GENERAL STATEMENT OF INTENT, PRINCIPAL PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, AND A SCHEDULE OF DISTRICT REGULA- TIONS FOR SAID DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of November 1, 1976, presented for final adoption. ORDINANCE NO. 60-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" TO ENACT A NEW SECTION 4.109.7 OF ARTICLE IV THEREOF, CREATING AN OFFICE. RESIDENTIAL DISTRICT OR-l"a", PRESCRIBING, THEREIN, A GENERAL STATEMENT OF INTENT, PRINCIPAL PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, AND A SCHEDULE OF DISRICT REGULA- TIONS FOR SAID DISTRICT. HOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and "Zoning Map of the City of Dubuque, lova" he and the same is hereby amended by enacting a new Section 4-109.7 of Article IV thereof, creating an OR -1"a" Office -Residential District as follows: "Article IV District Regulations Section 4-109.7 ORA"a" Office -Re- sidential District Regulations 4-109.7.1 General Statement of intent The OR -1"a" Office -Residential Dis- trict is established to permit mixed professional office and residential uses for lower -intensity development areas, principally in those areas where new development is occurring and where the regulations of this district are compatible with develop- ment patterns currently established. 4-109.7.2 Principal Permitted Uses The principal permitted uses in the OR -1"a" Office -Residential District shall be the same as those prescribed in Section 4-109.2 Principal Permitted Uses for the OR -1 Office -Residential District. 4-109.7.3 Accessory Uses Accessory uses in buildings permitted in the OR -1"a" Office -Residential District shall be the some as those set forth in Section 4-109.3 Accessory Uses for the OR -1 Office -Residential District. 4-109.7.4 Conditional Uses The Conditional Uses permitted in the OR -1"a" Office -Residential District shall be the same as the Conditional Uses prescribed in Section 4-109.4 for the OR -1 Office -Residential District. 4-109.7.5 Prohibited Uses Uses prohibited within the OR -1"a"' Office -Residential District shall be the same as Prohibited Uses set forth in Section 4-109.5 for the OR-) Of- fice -Residential District. 4-109.7.6 Schedule of District Regula- tions Adopted The Schedule of District Regulations for the OR -1"a" Office -Residential Dis- trict shall be the same as the Schedule of District Regulations set forth in Section 4-109.6 for the OR4 Office Residential District, except that the maximum allowable height of struc- tures shall be thirty-five (35) feet, and that the maximum lot coverage (as a percentage of total lot area) shall be thirty-five (35) percent. Secdon 2. That the foregoing Ordin- unce has heretofore been approved by ;SS Regular Session, December 6, 1976 573 the Planning and Znning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 6th day of December. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herold Newspaper this 10th day of December, 1976. Leo F. Frommelt City Clerk ltl2110 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh. Councilmen Brady. Stackis, Tully, Wertzberger. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 so as to reclassify certain proper- ties from OR -1 Office Residential Dis- trict Classification and R-5 Residential District Classification to OR- I"a" Office Residential District Classification, pre- sented and read. No written objections were received prior to the hearing. Attorney Bertsch, representing Mr. Heitzmann, addressed the Council stat- ing that rezoning of North side of As- bury Road from R-5 to OR -1 District Classification met with over 90% of property owners and received good acceptance. Dr. Chun felt it was unfair to proper- ties already built to change OR -I Clas- sification to OR -1"a" Classification along J.F.K. Road; Seeking for more time for discussion with Planning & Zoning and Council. R.V. Hansel of the West End Business Men's Association was not against Heitzmann's proposal; OR -1"a" Clas- sification is in order; Property owners on J.F.K. Road object to classification without being heard. Warren Butt concurred with Heitz- mann's request; but requested Council to table request of OR-I"a" Ordinance. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Brady. Camed by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger Nays — None. ORDINANCE NO. 61-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO, 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY CERTAIN HEREIN- AFTER DESCRIBED PROPERTIES FROM R-5 RESIDENTIAL DISTRICT CLASSIFICATION TO OR -1"a" OF- FICE -RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of November 1. 1976, presented for final adoption. ORDINANCE NO. 61-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY CERTAIN HEREIN- AFTER DESCRIBED PROPERTIES FROM R-5 RESIDENTIAL DISTRICT CLASSIFICATION TO OR -1"a" OF- FICE -RESIDENTIAL CLASSIFICATION NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by changing from 1,R-5 Re- sidential District" classification to "OR -1'a' Office -Residential District" classification the following described real estate: Lot 1 of Lot 3 and Lot 1 of Lot 4 all in John P. Mettel's Subdivision No. 2 in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the City Planning and Zoning COmmis- sion of sstheappro`Dubuque, dopted this a. Passed, app 6th day of December. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially tin the 10th Telegraph day of Herald Newspaper December, 1976, Leo F. Frommelt City Clerk 102110 Mayor Lundh moved to delete all properties in Section 1. Seconded by 574 Regular Session, December 6, 1976 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Tully, Wertzberger. Nays — Councilmen Brady, Stackis. Councilman Stackis moved final adoption of the Ordinance AS AMEND- ED. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Tully, Wertzberger. Nays — Councilman Brady, Stackis. COUNCIL RECESSED AT 10 -IS P.M. RECONVENED AT 10:20 P.M. Communication of Planning & Zon- ing Commission recommending favora- ble consideration on an amendment to the Zoning Ordinance to enact a new Section 4-109.4 to provide for condi- tional use permits for limited commer- cial activities in areas or structures of historical or architectural significance; and AN ORDINANCE amending Zon- ing Ordinance No. 32-75 repealing Sec- tion 4-109.4 of Article IV and enacting a new Section to provide for the issuance of conditional use permits for certain limited commercial activites, herein- after described, in areas or structures of historical or architectural significance within the OR -1 Office Residential Dis• trict, presented and read. Mayor Lundh moved that the Communication and Ordinance be referred to a Work Session to be held in early part of 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 3, 1976 Honorable Mayor and City Council I submit to you for your consideration an ordinance requiring vehicles traveling westbound on Davis to stop at Windsor. I recommend your favorable consideration of this proposal. In sup- port of the recommendation, 1 have attached a letter of explanation from Chief O'Brien. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. ORDINANCE NO. 62-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE TRAFFIC CODE OF DUBUQUE. IOWA", AS AMENDED, B1/ ADDING A NEW SUBSECTION 9 TO SECTION C OF SCHEDULE III THERETO TO STOP WESTBOUND VEHICLES ENTERING THE INTERSECTION OF WINDSOR AVENUE AND DAVIS STREET, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman 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 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tullv, Wertzberger. Nays — None. ORDINANCE NO. 62-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY ADDING A NEW SUBSECTION 9 TO SECTION C OF SCHEDULE III THERETO TO STOP WESTBOUND VEHICLES ENTERING THE INTERSECTION OF WINDSOR AVENUE AND DAVIS STREET NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. phut Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa," be and the same is hereby amended by adding a new subsection 9 to Section C of Schedule III thereto as follows: "SCHEDULE 111. C. Westbound vehicles must stop before entering the intersection of: 9. Windsor AvenueandDavis Stree t." Passed, approved and adopted this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Emil Stackis Councilmen A77EST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of December, 1976. Leo F. Frommelt City Clerk It12/10 Regular Session, December 6, 1976 575 Councilman Stackis moved final Seconded by Councilman Wertzberger. adoption of the Ordinance. Seconded by Carried by the following vote: Councilman Tully. Carried by the fol- Yeas — Mayor Lundh, Councilmen lowing vote: Brady, Stackis, Tully, Wertzberger. Yeas—Mayor Lundh, Councilmen Nays — None. Brady, Stackis, Tully, Wertzberger. Statement of City Clerk that notices Nays—None. of levy were mailed by certified mail to Communication of Dubuque Historic property owners of record on November Preservation Advisory Board submit- 22, 1976, subject to ass,188ment for Eng - ting a proposed Ordinance establishing lish Lane Paving Project, presented and landmarks and Historic Preservation read. Councilman Tully moved that the Commission for the City of Dubuque, Statement be received and filed. Iowa, and defining its powers and du- Seconded by Councilman Wertzberger. ties, presented and read. Councilman Carried by the following vote: Wertzberger moved that the commun- Yeas — Mayor Lundh, Councilmen ication be received and filed and Brady, Stackis, Tully, Wertzberger. referred to Council and City Solicitorfor Nays — None work session to be held in 1977. RESOLUTION NO. 412-76 Seconded by Councilman Tully. Carried SCHEDULE OF ASSESSMENTS by the following vote: Resolved by the City Council of the Yeas — Mayor Lundh, Councilmen City of Dubuque: That to pay for con - Brady, Stackis, Tully, Wertzberger. struction of CITY OF DUBUQUE 1976 Nays — None. ASPHALT PAVING PROJECT NO.2 — Petition of March of Dimes, request- ENGLISH LANE FROM S.P.L. OF MT. ing permission to conduct its annual LORETTA TO W.P.L. OF SULLIVAN Mother's March during January, 1977, STREET by Tri-State Paving Div, of presented and read. Councilman Stackis Dubuque Stone Products Co., contrac- moved that the petition be approved for in front of and ajoining the same, a subject to implementation of City Man- special tax be and is hereby levied on the ager. Seconded by Councilman Brady. several lots, and parts of lots, and par - Carried by the following vote: cels of real estate all as named, situated Yeas — Mayor Lundh, Councilmen and owned, and for the several amounts Brady, Stackis, Tully, Wertzberger. set opposite each lot or parce', of real Nays — None. estate, as set forth in the following Proof of Publication, certified to by schedule. the Publisher, of Notice of Levy of CITY OF DUBUQUE Special Assessment and intention of the 1976 Asphalt Paving Project No. 2 — Council to issue Bonds to pay for con- English Lane from S.P.L. of Mt. Loretta struction of 1976 Asphalt Paving Project to the W.P.L. of Sullivan Street. No. 2 - English Lane from Mt. Loretta to A05811plW City Prolect Sullivan Street, presented and read. No ohm share Total i` 0n written objections were filed and no oral coalcO"a" gi6,298.15 $11.413.15 (37,711,30 objectors were present in the Council Engineering varix 2,"29.62 355 51 2,985335% Chamber at the time set for the hearing. St Interest/ - Councilman Tully moved that the proof 52 Days 18993 0 1M.93 of publication be received and filed. Taal cost $29.11700 $11.76"$6 $40.6"656 SCHEDULE OF ASSESSMENT5 1976 Asphalt Paving Protect No 2 (English lane) LOCATION ABMT. OWNER LOT Rosehill Addition 42777 Dallas L. i Arlene E. Murphy 2-1.11 Rosehill Addition 1 Dallas 1. L Arlene E Murphy I -Ski -12 Rosehill Addition 33 k7.2 3 Alan M. i bra A. Huseman De I-N% Rosehill Addition 11.IH Alan M. a Debra A Huseman 1.13 Rosehill Addition 60.32 Francis M. i Evelyn M Berpron 1.14 Rosehill Addition 15.06 Francis M 6 Evelyn M Bergeron 1 Ski -15 Rosehill Addition 245 Wilbert Sr i Donna Amlmg I -N%.15 Gruber Place 576.37 McNaer Robert G i Virginia F m 1.2 Gruber Place %831 Francis X. Jr. 6 Mary Frances Gruber S BAI.44 Gruber Place 4246 Ralph R. i Lynn Ann Schmitt N-70'44 Gruber Place 79.17 Ralph R i Lynn Ann Schmitt 2.1 Klauer Place 115.51 Franco X. Jr. v Mary Frances Gruber 1-1 Klauer Place 582.32 Donald G i Carole Ann Felderman 1.2.1 Klsuer Place 482.91 Catherine J Knebs 2'2'1 Klauer Place 515.79 Samuel L. A Esther F' Santillo 1.1.2 Klauer Place 595.75 Fred A III & Rita Mae Nesler 2.1.2 Klauer Place 532 M Edgar (J Jr i Patrice E. Trice 2.2 Brockman's Sub 0340 James S A Barbara L Schroeder I Brockman's Sub 4MA0 Ken F iL Vicki M [When 2Brockman'$ Sub 463 40 463.46 Charles O Theress Kau 3 Brockman's Sub. 46:1 40 RiMard J White 4 Brockman': Sub Ik3 40 Harold M 4 Esther L Faust 5 anic•kman's Sub Nicholas J i Grace Ervulmu 6 576 Regular Session, December 6, 1976 David & Dorothv Kupferschmidt Brockman's Sub 54407 David & Dorothy Kupferschmdl 4 Brockman's Sub 147149 Marcus.l & Patricia R. Meyer 2 to Brockman's Sub. 4477 James S. & Barbara L. Schroeder 12 Brockman's Sub. 1737 ThomasE. & Roselyn M. Connolly 2.2 1 1-1.1 4 Mineral Lot 42 145.65 Thomas E. & Roselyn M. Connolly 1 2 1-1-1 1-4 Mineral Lot 42 484.17 Donald F & Suzzanna M Dempsey 2 1 1 1-1.1 4 Mineral Lot 42 484 17 Floyd D. & Dorothy Rundle 1-1 -1 1 1.1 4 Mineral Lot 42 483 40 Floyd D & Dorothy Rundle 2-1-1 1 4 Mineral Lot 42 482.6.1 Lerov J & Myrtle J. Feyen 2.1-1.4 Mineral Lot 42 481 Bei Herbert & Janice Appel 1 2.4 Mineral Lot 42 488.11 William 1 & Joann Evans 2-2.4 Mineral LM 42 80.29 William J & Joann Evans 1.1-2 Mineral Lot 42 1,0.38.68 Robert 1.. & Edith Barton 1-5 Mineral Lot 42 473 10 Robert L. & Edith Barton 2.5 Mineral Lot 42 128.00 Madona P. Holmes 2-6 Mineral Lot 42 83.68 Arnold A. & Ethlvn R. Neuwohner 1.11.6 Mineral Lot 42 17.02 Vern Joseph & Rosemary L Simon I Gertrude Place 34 19 James R. & Elizabeth J. Birch 2 Gertrude Place 11 28 James G. & Sharon E. F'elderman 3 Gertrude Place 4 Catholic Charities of the Archdiocese of Dubuque 2 Westhill Sub. 8 83 Charles M. & Nancy A. Reilly 3 Westhill Sub. 5205. 1. J Schutz 4 Westhill Sub. 92136 Burton S. Jr & Felicia F. Payne 6 A.H. Oeth Place 3279 Ralph K. & Thelma R Brooks 5 A.H. Oeth Place 7230 Gam• W & Karen M. Newt 4 A.H .Oeth Place 23.61 Ratnam V & Nalmi Mullapudi 3 A.H.Oeth Place 8547 Vincent A. & Margery M Schuster 2 A H, Orth Place 13.24 George L. & Dorothy McDonald I 1 English Lane Sub. 1.206,05 Win J. & Arlene M Hosten 'L 1 English lane Sub. 22.70 Wm. J & Arlene M Hosten 1.1 2 English Lane Sub. 449.00 Wm. J & Arlene M Hosten 2 1.2 English Lane Sub. 3405 Wm. J. & Arelene M. Hostert 2 3 English Lane Sub. 41.12 Oswin & Grace E Tigges 2.2 English Lane Sub. 5.74 Oswin & Grace F. Tigges 1 2 English Lane Sub. 380.45 Oswin & Grace E llgges 2 4 English Lane Sub. 63.26 Elizabeth J. Dearborn 1 4 English Lane Sub. 343.00 Elizabeth J. Dearborn 2 5 English Lane Sub. 63.26 Guy R, & Ehz Hemenway 1 5 English Lane Sub, 343.10 Guy R. & Elu. Hemenway 2.6 English Lane Sub. 63.26 Handd E. Williams & Eliz. Hanselman 113 English Lane Sub. 343.10 Harold F. Williams & Fla. Hanselman 2.7 English Lane Sub. 81.26 Harold E. Williams & Eliz. Hanselman 1.1 .7 English Lane Sub. 20142 Harold E. Judge 2.1 7 English Lane Sub. 149.64 Harold E. Judge 2.8 English Lane Sub. 5037 Harald E Judge 1.8 English Lane Sub. 389.24 Anne H. Kirk 2 Mineral Lot 33 2.954.27 Paul J. & Elizabeth M. Fitzsimmons N-82'-3 Mineral Lot 34 734AA John F & Opal F Strohmeyer E -pt. -S-72'-3 Mineral Lot 34 581.97 Rodney E & Mary K Behr W130'5.72'.3 Mineral Lot 34 63.89 John F. & Opal E. Strohmeyer E -pt. -"A" Rosehill Addition 83.44 Rodney E. & Mary K Behr W -110'-"A" Rosehill Addition 6.45 Rodney F.. & Mary K. Behr 2 -W -110'-"B" RosehW Addition 3.50 Rodney E. & Mary K. Behr 1-41 Rosehill Addition 29.114 Martin A Bakey E -pt. -"B" Rosehill Addition 83.44 Martin A Bakey 1.37 Rosehill Addition 275.75 Martin A. Bakey 1.38 Rosehdl Addition 9598 Martin A. Bakey 1.39 Rosehill Addition 53.45 Gregg W. & Lexh. J Liddle I -W -110'-"B" Rosehill Addition 2.94 Gregg W & Leah. J Liddle 40 Rosehill Addition 50.16 Gregg W. & Leah J. Liddle 241 Rosehill Addition 6.80 Merle & Kathryn P. Wordehoff 2-37 Rosehill Addition 267.41 Merle & Kathryn P. Wordehoff 2.38 Rosehill Addition 101 16 Merle & Kathryn P. WordehoK 2.39 Rosehdl Addition 5521 John W & Ann S. Shields 42 Rosehill Addition 22.77 John W. & Ann S. Shields N -10' -vac, alley abutting 42 Rosehill Addition 2.17 John W & Ann S. Shields 43 Rosehill Addition 30.55 John W & Ann S. Shields N -10' -vac. alley abutting 43 Rosehill Addition 2.87 John W & Ann S Shields 2.44 Rosehill Addition 4.27 John W & Ann S. Shields N -10' -vac. alley abutting 2.44 Rosehill Addition .42 John W & Ann S. Shields 2.1.44 Rosehill Addition 5.11 John W & Ann S Shields N -10' -vac. alley abutting 2-1-44 Rosehill Addition .49 Leo A & Ruth Adams 1.1.44 Rosehill Addition 49.68 I.eo A & Ruth Adams N -10' -vac. alley abutting 1.1.44 Rosehill Addition 4.69 Leo A & Ruth Adarns 1.45 Rosehill Addition 61.37 Lei A & Ruth Adams N -10' -vac. &Hey abutting 1.45 Rosehdl Addition 5.81 Thomas G. & Geraldine Goodman 245 Rosehill Addition 54.51 Thomas G & Geraldine Goodman N -10' -vac. alley abutting 245 Rosehdl Addition 5.18 Thomas G. & Geraldine Goodman 46 Rosehill Addition 134.58 Thomas G. & Geraldine Goodman N -10' -vac. alley abutting 46 Rosehill Addition 12.75 Thomas G. & Geraldine Goodman 47 Rosehill Addition 520.11 Thomas C,. & Geraldine Godman N -Hr -vac. alley abutting 47 Rosehill Addition 49.39 Douglas I. & Mary K. Schlickman I Grant Place 896.95 Douglas 1. & Mary K. Schlickmxn S% -vac. alley abutting I Gram Place 0.95 Ronald T. & Wrtiara K Kennedy 2 Grant Place bill -32 Paul F. & Virginia M To epel 22 Sunrise Place 259 Wm J & Mildred E. Arndt 2.1 1 2 Sunrise Place 19.97 Joseph R & Madeline M. Schlarman I 1 1 2 Sunrise place 1843 .lames R. & Marguerite A. Gilluon 2 21 2 Sunrise Place 21 44 Regular Session, December 6, 1976 Victor Charles 111 & Lois Lorraine Plertnt 1-1-1 Hondo M a Row J Gonzales James C.• Diane C. Sass Howard t- A Cathenne R Lester 1-2.1 Kenneth J. a Ronnie M. Moran 2.2-1 City of Dubuque. IA 1 Cay of Dubuque, IA E-6'-2 John A. & Helen J Hutchcroft 7 John A. A Helen J. Hutchcroft 1.6 Earl P. & Wanda Ann Dowell 2-6 Earl P. k Wanda Ann Dowell 9 Earl P. & Wanda Ann Dowell 10 Sunrise Place Sunrise Place Smith Southern Ave Place Smith Southern Ave Place Smith SnuI hern Ave Place Ri»ehill Addition Rosehill Addition Rmehill Addition Rosehill Addition Rosehill Addition Rosehill Addition Rosehill Addition 2.925 cu. yd. Excavation (undassified) @ 2.30 679 2S Ions A.0 binder course @ 13.75 4620 tons A surface course @ 13.75 1.400 gals. Prime coat @ 43 3 no. of Manholes -raise or lower C. 5000 3 no. of Manhole ring and cover @ 100.00 2,375.35 tons Pt" stabilized rolled stone bas @ 3.65 346.4 len. ft. Concrete curb -remove and replace (a con 282.74 9q ft. 4'• concrete sidewalk @ 1.10 216.f19 sq h 6" concrete sidewalk @ 1.20 32 len ft. Asphalt sawing @ 100 499 43 sq. ft Sidewalk or driveway removal @ .20 6 tons A . hand patching @ 25.00 Total Construction Cost City Share Assessable Share 10% Engineering Expense 5% Interests 52 days Total Assessable Cost All of which is assessed in proportion to special benefits confer r,•d Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Council to authorize issuance of Bonds in the amount of $29,117.90 to pay for cost of English Lane, 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 577 26.27 42.31 51640 .777 82 351 40 222 99 3202 321.65 14504 193 71 280.93 10390 29.117 90 6.727 50 I I.9&5 94 6.352 50 60200 150.00 300 N 8.670.03 2.090.40 311.01 26003 3200 99.89 150.00 -- —37 711.30 11,413.15 _ — — 26.298.15 2.629.82 1&q 93 29.1 I7 90 RESOLUTION NO. 413-76 Resolution providing for the Issuance of Street Improvement Bonds for the Purpose of Providing for the Payment of the Assessed Cost of: City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street WHEREAS, the contract heretofore entered 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 $29,117.90 dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and WHEREAS, public notice, as provid- ed by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objec- tions made thereto have been con- sidered 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 578 Regular Session, December 6, 1976 the assessed cost of City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street there shall be issued street im- provement bonds in the amount of 120,000.00 Dollars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of April 1, 1977; and shall be num- bered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such ma- turity dates as are shown in the follow- ing table: Swiss Bond Denore- No. No. instion Maturity 1 1- 2 $1,000.00 Dec. 1. 1977 2 3- 4 $1,000.00 Dec. 1, 1978 3 5. 6 $1,000.00 Dec. 1, 1979 4 7. 8 $1,000.00 Dec. I. 1980 5 9.10 $1,000.00 Dec. 1. 1981 6 11-12 $1,000.00 Dec 1, 1982 7 13-14 $1.000.00 Dec. 1, 1983 8 I5 -I6 $1,000.00 Dec 1, 1984 9 17-18 $1,000.00 Dec. 1,1985 g0 19.20 $1,000.00 Dec. 1.1986 3. Said bonds shall bear interest at the rate of rive percent per annum, payable annually in accordance 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 as- sessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the rgaturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No. Series No. CITY OF DUBUQUE StrNI Improvonvent Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of one thousand dollars with interest thereon at the rate of five percent per annum, payable annually, on the pre- sentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 of the 1975 Code )f Iowa, as amended, and the Resolution of said City duly passed on the 6th day of December, 1976, being Resolution No, 413-76. This Bond is one of a series of 20 bonds, all forS1,OW.00 numbered from I through 20 all of like tenor and date, and issued for the purpose of providing; for the deferred payment of the assess- ments levied for the City of Dubuque 1976 Asphalt Paving Project No. 2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street. as described in said Resolution, in said Citv, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1307 created 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 required 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 assessment, 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 caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed. this 6th day of December, 1976. ..................... Mayor ..................... City Clerk (Form of Coupon) On the ........ day of ......... the City of Dubuque, Iowa, promises to pay to the bearer, 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 (Seal) ..................... Mayor I .................... 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 to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale 2u be placed in a special fund Regular Session, December 6, 1976 579 to be known as Special Assessment Fund 1307 and paid out by him to pay the cost of said contract. S. That the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and counter- signed with the facsimile signature of the City Clerk. 9. That as fast as funds allow, these bonds shall be called and retired in the same order an numbered. 10. Notice of election to call these bond shall be given by regular United States Mail addressed tothe last known address of the purchaser. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. November 29, 1976 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1976 Asphalt Paving Project No. I has been completed in accordance with the City of Dubuque plans and specifications. 1, therefore, recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed - Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully. Wertzberger. Nays — None. FINAL ESTIMATE Resolution No. 414-76 WHERLAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No. I 1. Ashton Place from N.P.L. of Decor- ah St. to S.P.L. Delaware Street. 2. Central Ave. from south curb line of 4th St. to north curb line of 3rd. 3. Davis Ave. from W.P.L. of Windsor Ave. to E.P.L. of Sheridan Rd. 4. Dodge St. from E.P.L. of Bluff St. to Julien Dubuque Bridge. S. Eagle Point Park -roadway. 6. Intersection widening at J.F.K., Highway 20 and University Ave. 7 Samuel Street from north curb line of Southern Ave. to south curb line of Tressa Street. 8. Tower Drive from west street line of Rockdale Road (sta. 0+09) to W.P.L. of Lot 2-1-1-1-2 of M.L. 483 (sta. 9+80.29) 9. Windsor Ave. from N.P.I.. of Davis Ave. to S.P.L. of alley south of Strauss Street. has been completed and the City En- gineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, imspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $166,517.65. That $23,966.28 of the cost thereof shall be assessable upon private proper- ty and $142,551.37 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. (A Resolution Accepting improvement and Directing the Clerk to Publish Notice.) RESOLUTION No. 415-76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No. 1 1. Ashton Place from N.P.L. of Decor- ah St. to S.P.L. Delaware Street. 2. Central Ave. from south curb line of 4th St. to north curb line of 3rd. 3. Davis Ave. from W•P l-• of Windsor Ave. to E.P.L. of Sheridan Rd. 4. Dodge St. from E.P.L. of Bluff St. to Julien Dubuque Bridge. 5. Eagle Point Park -roadway. 580 Regular Session, Decem her 6, 1976 6. Intersection widening at J.F.K., Highway 20 and University Ave. 7. Samuel Street from north curb line of Southern Ave. to south curb line of Tressa Street. 8. Tower Drive from west street line of Rockdale Road (sta. 0+09) to W.P.L. of Lot 2-1-1-1-2 of M.L. 483 (sta. 9+80.29) 9. Windsor Ave. from N.P.L. of Davis Ave. to S.P.L. of alley south of Strauss Street. has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract. plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the Ctity of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby dir- ected to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. RESOLUTION NO. 416-76 Resolution adopting and approving the Execution of a First Amend- ment to the Grant Agreement for Project No. 6-19-0028-02, from the Administrator of the Federal Avia- tion Administration, relating to Federal Aid In the Development of the Dubuque Municipal Airport. BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City of Dubuque. Iowa, shall, for the purpose of making certain changes in the Grant Agreement for Project No. 6.19-0028-02 which was accepted by the City of Dubuque, Iowa, on Sept. 27, 1976, enter into a First Amendment to the said Grant Agreement with the Administra- tor of the Federal Aviation Administra- tion, and that such First Amendment to Grant Agreement shall be as set forth herein below under Section 3. Section 2. That the Airport Commis- sion of the City of Dubuque, Iowa, act- ing through its officer or officers desig- nated by it to so act, is hereby author- ized and directed to execute the said First Amendment to Grant Agreement on behalf of the City of Dubuque, Iowa. Section 3. That the First Amendment to Grant Agreement referred to herein- above shall be as follows: (Attachment) Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION No. 417-76 Resolution authorizing the accep- tance o1 a Grant Offer from the United States relating to the Preparation of a Master Plan Study. BE IT RESOLVED by the Governing Body of the City of Dubuque, Iowa: Section 1. That the City of Dubuque, Iowa, shall accept the Grant Offer from the administrator of the Federal Avia- tion Administration, dated November 16, 1976, for the purpose of obtaining Federal aid for the preparation of an Airport Master Plan for the Dubuque Municipal Airport, and that such Grant Offer shall be as set forth hereinbelow; Section 2. That the City of Dubuque. Iowa, does hereby ratify and adopt all statements, representations, warran- ties, covenants and agreements con- tained in the Application for Federal Assistance which is incorporated by reference in the said Grant Offer; Regular Session, December 6, 1976 581 Section 3. That the Mayor is hereby authorized and directed to execute said Grant Offer agreement in quintuplicate on behalf of the City of Dubuque, Iowa, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Dubuque, Iowa, and to attest said execution; Section 4. That the Grant Offer referred to hereinabove shall be as follows: (Attachment - See Record) Adopted this 6th day of December. 1976, for the City of Dubuque, Iowa. Alvin E. Lundh Mayor Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. November 19, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot I and Lot 2 of "Marilyn Place" in the City of Dubuque, Iowa. The subject property lies east of Ma- ryville Drive in the 2300 block of Kauf- mann Avenue. The Commission has found the final plat to be in conformance with the Sub- division Ordinance of the City of Dubuque and recommends your favor- able consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tullv, Wertzberger. Nays — None. RESOLUTION NO. 418-76 Resolution Approving Plat of Lot 1 and Lot 2 of "Marilyn Place" on Kauf- mann Avenue In the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 9 of "Holz Subdivision" in the City of Dubuque, Iowa and of Lot 2 of Lot 1 01 Mineral Lot 369 in the City of Dubuque, Iowa is platted as: Lot I and Lot 2 of "Marilyn Place" on Kaufmann Avenue in the City 01 Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of December, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 3,1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the preliminary and final plats of Lots I through 19 of "Jaeger Heights" Sub- division lying north of Tower Drive and west of Rockdale Road in the City of Dubuque, Iowa. The Comimission has found the final plat to be in conformance i the Sub - with the ap- proved preliminary plat Sub- division Ordinance of the City of Dubuque. Iowa and recommend your favorable rn CITY F DUBUQUE PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully moved that the be received and f on Seconded byi e ocouncilman Wertzbergeerr• Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 582 Regular Session, December 6, 1976 RESOLUTION NO. 419-76 Resolution approving the Plat of "Japer Heights" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Jaeger Heights" in the City of Dubuque, Iowa, by Louis J. Jaeger and Rita M. Jaeger, and WHEREAS, upon said plat appear streets to be known as Brian Drive and Jaeger Drive, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed Thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the sam•? conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Brian Drive and Jaeger Drive together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of "Jaeger Heights" 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 at- tached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Brian Drive and Jaeger Drive with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch - basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where dir- ected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with plans submitted with the plat; g. To construct the foregoing im. provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; h. To maintain the foregoing im- provements for a period of four (4) 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 Louis J. Jaeger and Rita M. Jaeger as owner; j. To construct said improvements, except sidewalks and street lighting prior to Dec. 1, 1978 and to construct the sidewalks and street lighting prior to December 1, 1980. and further provided that said Louis J. Jaeger and Rita M. Jaeger, as owner of said Sub- division, secure the performance 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 Louis J. Jaeger and Rita M. Jaeger, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 6th da_v of December. A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 419-76 We, the undersigned Louis J. Jaeger and Rita M. Jaeger having read the terms and conditions of the foregoing Resolution No. 419-76 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 13th day of December, 1976. Louis J. Jaeger Rita M. Jaeger Regular Session, December 6, 1976 583 TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 419-76 has been furnished by the owners. Dated at Dubuque, Iowa, this 13th day of December, 1976. Gilbert D. Chavenelle City Manager Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 3, 1976 Honorable Mayor and City Council In our FY '77 budget, we scheduled the addition of two officers in the Police Department to be funded principally by the Iowa Crime Commission. We have been working with the N.E. Iowa Area Crime Commission on the project and approval has been completed to the point of submitting formalized documents. Under the program two officers would be employed. The annual cost would be $32,709.12. The Iowa Crime Commission would fund $25.622.32 and the city would fund $7,086.80 over a 12 month period. In order to proceed with the applica- tion, the city is asked to approve a matching resolution and related douc- ments. We would therefore request your adoption of the matching resolution and authorize the Mayor to sign the as- sociated documents. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Matching ResoluldOn No. 420-76 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed here- tofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Passed this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission requesting concurrence in the proposed program of lighting on lower Main Street in the amount of :54,776., by using $19,800 of current funds and the transfer from the 1977 allocation for Housing Rehabilita- tion Program in the amount of $34,976, presented and read. Paul Rossiter ad- dressed the Council stating Businesses in the area would like to see period lighting; Requesting to postpone deci- sion for a period of one month to allow property owners an opportunity to decide if they want to pay for differen- tial in the type of lighting. Councilman Wertzberger moved that the communication be received and filed and approved and transfer of funds authorized. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting budget recommendation for the fiscal year 1978 Community Development Block Grant Program in the amount of $883,000., presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION No. 421-76 AuthorizingPublication of Notice of Public Hearings for the use of Community Development Block Grant Funds WHEREAS. the City of Dubuque is entitled under Titleopment Act fthe gand 1974 Community Development Ammnl of 17aa funds Being of Prof" Podded Tactical Enforcement %wialuta (2) Passed this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission requesting concurrence in the proposed program of lighting on lower Main Street in the amount of :54,776., by using $19,800 of current funds and the transfer from the 1977 allocation for Housing Rehabilita- tion Program in the amount of $34,976, presented and read. Paul Rossiter ad- dressed the Council stating Businesses in the area would like to see period lighting; Requesting to postpone deci- sion for a period of one month to allow property owners an opportunity to decide if they want to pay for differen- tial in the type of lighting. Councilman Wertzberger moved that the communication be received and filed and approved and transfer of funds authorized. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting budget recommendation for the fiscal year 1978 Community Development Block Grant Program in the amount of $883,000., presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION No. 421-76 AuthorizingPublication of Notice of Public Hearings for the use of Community Development Block Grant Funds WHEREAS. the City of Dubuque is entitled under Titleopment Act fthe gand 1974 Community Development 584 Regular Session, December 6, 1976 to certain Community Development Block Grant funds; and WHEREAS, the regulations govern- ing the submission of an application for such funds requires that citizens be provided with adequate information concerning the Community Develop- ment Block Grant Program and an adequate opportunity to participate in the development of the application and in the development of any revisions, changes or amendments; and WHEREAS, it is deemed to be in the best interests of the Community Development Block Grant program to hold certain public hearings to sup- plement previously held neighborhood meetings, city wide meetings, meetings with public and private agencies, City Manager's budget meeting and the var- ious meetings conducted by the Com- munity Development Commission; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Secdon 1. That the City Clerk be and he is hereby authorized and directed to publish notice of hearings in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 of the City of Dubuque will hold two public hearings for the purpose of obtaining the views of re- sidents of the city on community development and housing needs. A summary of eligible activities that may be undertaken with Community Development Block Grant funds, a summary of activities proposed to be undertaken for the year beginning July 1, 1977 and the Citizens Participation Plan are on file and available at the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa, between the hours of 8:00 AM and 5:00 PM except Saturdays and holidays, Additional information concerning the Community Development Block Grant program may be obtained from John R. Grau of the Department of Community Development (319-588-0017). The public hearings will be held in City Council Chambers, City Hall, 13th and Central Avenue, Dubuque, Iowa, at 7:30 PM both on December 20, 1976 and January 17, 1977. Any person or organ- ization desiring to be heard will be given an opportunity to express their views on community development and housing needs. 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 Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. RESOLUTION NO. 422-76 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 Cigar- ettes and Cigarette Papers within said City. James Richard McIntyre, FJO Rhomberg Ave. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 423-76 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 following applications be granted and permitF issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Earl John Tegeler. 2311 Windsor Ave. Regular Session, December 6, 1976 585 Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the Resolution Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger Nays — None. RESOLUTION NO. 424-76 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 oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have riled proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Earl John Tegeler, 2,311 Windsor Ave. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 425-76 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 following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assemblv. CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc., (Also Sunday Sales). NMI Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donald F. Bradlev, 1091 Main Street James Richard McIntyre, 500 Rhom- berg Ave. Julia Nell Clark, 1322 Central Ave. Benevolent and Protective Order of Elks 297, 2699 John F. Kennedy Road Lorraine Gordon, 2327 Central Ave. Bert Hillary. 1413 Rockdale Road Eugene L. Kopp, 951 Main Street Steven T. Schnee, 1902 Central Ave. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council. man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Resolution No. 426-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State I..aw and all the City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued tot e a Liquor following named applicants License. BEER CLASS "B" (HOTEL -MOTEL) AND LIQUOR LICENSE Design Center, Inc.. (Also Sundav Sales), 200 Main Street BEER CLASS "C" (COMMERCIAL) AND LIQUOR LICENSE Donald F. Bradley. 11191 Main Street James Richard McIntyre. 500 Rhom- berg Ave. 586 Regular Session, December 6, 1976 Julia Nell Clark, 1322 Central Ave. Benevolent and Protective Order of Elks 297, 2699 John F. Kennedy Road Lorraine Gordon, 2327 Central Ave. Bert Hillary, 1413 Rockdale Road Eugene L. Kopp, 951 Main Street Steven T. Schnee, 1902 Central Ave. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. :Z -- Councilman Councilman Tully moved that City Planner Dittemore be instructed to prepare a new Ordinance on deleted Section 1 of previous Ordinance cover -J ing properties on J.F.K. Road. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. At 11:15 P.M. Mayor Lundh moved to go into Executive Session to discuss matters relating to people on the Coun- cil. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Council Reconvened in Regular Ses- sion at 11:30 P.M. Mayor Lundh ten- dered his resignation from the City Council effective January 5, 1977 or earlier back to December 31, 1976 - Reason being he is not able to afford to continue in service. There being no further business Councilman Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. eFrommelt Approved March 21, 1977 Adopted March 21, 1977 Special Session, December 8, 1976 587 CITY COUNCIL OFFICIAL Special Session, December 8, 1976 Council Met at 4:30 P.M. (C.S.T.) Present — Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger City Manager Gilbert D. C havenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose to CONSIDER ADOPTION OF A RESOLUTION FIXING A DATE FOR A SPECIAL ELECTION TO BE HELD ON PROPOSAL TO ANNEX CERTAIN TERRITORY TO THE CITY OF DUBUQUE and acting upon such other business as may properly come before a Regular Meeting of the Council. Petition of Judicial Review by Robert H. Budde to oppose annexation and file their petition being concerned with various actions of the City Development Board in connection with annextion, presented and read. Councilman Tully moved that the petition be received and filed and City Attorney directed to in- tervene on behalf of the City. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Application to stay execution or en- forcement of Agency Action to oppose annexation by Robert H. Budde & Committee to oppose annexation, pre- sented and read. Councilman Tully moved that the application be received and riled and City Attorney directed to intervene on behalf of the City Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of City Development Board submitting a letter and affidavit directing the Dubuque County Com- missioner of Elections to hold a special election and directing that a question be put on the election ballot regarding the City's annexation proposal, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 427-76 WHEREAS, the Ciiv of Dubuque, Iowa has heretofore petitioned the Iowa Development Board for the annexation of certain territory to the City of Dubuque, Iowa: and WHEREAS, the Iowa Development Board, pursuant to and in accordance with statute held a public hearing as the Iowa Development Committee and, thereafter, rendered its decision ap. proving the petition of the City of Dubuque, Iowa to annex the certain territory to the City of Dubuque, Iowa, and did order an election be held at which the qualified voters of the City of Dubuque, Iowa and the qualified voters of the territory to be snnexed would vote; and WHEREAS, City of Dubuque, Iowa does hereby request the Commissioner of Elections of Dubuque County, Iowa to hold a special election on Tuesday, December 28, 1976 for the purpose of permitting the electrorate of the City of Dubuque, Iowa and the electorate in the territory to be annexed to pass on the proposition of annexing certain terri- tory to the City of Dubuque, Iowa, the perimeter of which territory proposed to be annexed is legally described in Ex- hibit "A" hereo attached and by refer- ence included herein as though fully set out herein. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Swdon 1. That Tuesday, December 28, 1976 be and the same is hereby fixed as the date for the special election to be held on the proposal to annex certain territory to the City of Dubuque, Iowa and the City Council of the City of Dubuque, Iowa does hereby direct the Commissioner of Elections to hold such election on said date. Secdon 2. That the City of Dubuque. Iowa does hereby undertake and agree to pay the costs of said special election. Passed, approved and adopted this 8th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Beginning at the point of beginning being the intersection of the current corporate limits of the City of Dubuque, Iowa and the centerline of the Chicago, Milwaukee, St. Paul and Pacific Rail- road right-of-way, this point of begin- 588 Special Session, December 8, 1976 ning being concurrent with the inter- section of said railroad right-of-way centerline and the northerly boundary of the Northeast quarter of Section 7 T89N R2E of the 5th P.M.; thence northwesterly approximately 9,000 feet along said railroad right-of-way center- line to the point of intersection of said centerline with an easterly extension of the northeasterly property line of Lot 2 of Lot I of Lot 1 of Lot 2 of T.M. Sul- livan's Subdivision, in the Southwest quarter of the Southwest quarter of Section 36 T90N R2E of the 5th P.M., thence southwesterly approximately 160 feet along said property line and extension and northwesterly approx- imately 200 feet continuing along said property line to the point of intersection of said property line with the northwes- terly property line of said Lot 2 of Lot 1 of Lot 1 of Lot 2 of M. Sullivan's Sub- division; thence southwesterly approx- imately 800 feet along said property line and the northwesterly property line of Lot 2 of Lot 2 of Lot 2 of said T.M. Sullivan's Subdivision to the intersec- tion of said property line with the southerly boundary of the Southwest quarter of the Southwest quarter of said Section 36; thence easterly approxima- tely 120 feet along said boundary to the point of intersection of said boundary with the westerly boundary of Section 1 T89N R2E of the 5th P.M., thence southerly approximately 2,320 feet along said boundary of said Section 1 to the point of intersection of said boun- dary with the easterly right-of-way line of Peru Road; thence southeasterly ap- proximately 2,240 feet along said right- of-way line to the point of intersection of said right-of-way line with an easterly extension of the northerly property line of Lot 2 of Lot 1 of Lot 5 of the South- west quarter of said Section 1; thence westerly approximately 825 feet along said easterly extension and said north- erly property line to the point of inter- section of said property line with the westerly boundary of said Section l; thence southerly approximately 575 feet along said boundary to the intersection of said boundary with the southerly boundary of said Section 1; thence con- tinuing southerly approximately 2,686 feet along the westerly boundary of the Northwest quarter of Section 12 T89N R2E of the 5th P.M., the southerly 2.275 feet of said boundary being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of intersection of said boundary with the northerly boundary of the Northeast quarer of the Southeast quarter of Section I I T89N R2E of the 5th P.M.; thence westerly approximately 975 feet along said boundary to the point of intersection of said boundary with the northeasterly property line of Lot 2 of Lot 2 of the Southeast quarter of the Northeast quarter of said Section 11; thence northwesterly approximately 295 feet along said property line to the point of intersection of said property line with the northwesterly property line of said Lot 2 of Lot 2 of the south- east quarter of the Northeast quarter of said Section 11; thence southwesterly approximately 180 feet along said property line and along the northwes- terly property line of Lot 1 of Lot 2 of the Southeast quarter of the Northeast quarter of said Section I I to the point of intersection of said property line with the northeasterly property line of Lot 2 of Lot 1 of Lot 1 of Northome Place in the Southwest quarter of the Northeast quarter of said Section 11; thence northwesterly approximately 485 feet along said property line to the point of intersection of said property line with the northwesterly property line of said Lot 2 of Lot 1 of Lot I of Northome Place in Southwest quarter of Northeast quarter of said Section 11; thence southwesterly approximately 1,130 feet along said property line and an exten- sion of said property line to the point of intersection of said extension with the westerly right-of-way line of U.S High- way 52; thence southeasterly approx- imately 1,540 feet along said right-of- way line to the intersection of said right-of-way line with the northerly boundary of the Southwest quarter of the Southeast quarter of said Section 11; thence westerly approximately 4W feet along said boundary to the point of intersection of said boundary with the northerly property line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 2 of the Southwest quarter of the Southeast quarter of said Section 11; thence southwesterly approximately 694 feet along said property line and the north- erly property line of Lot 2 of Lot I of Hawkeye Heights Subdivision in the Southwest quarter of the Southeast quarter of said Section 11 to the inter- section of said property line with the westerly boundary of said Southwest quarter of the Southeast quarter of said Section 11; thence northerly approx- imately 266 feet along said boundary to the point of intersection of said boun- dary with the northerly boundary of the Southeast quarter of the Southwest quarter of said Section 11; thence wes- terly approximately 2,703 feet along said boundary and the northerly boundary of the Southwest quarter of the South- Special Session, December 8,1976 589 west quarter of said Section 1I to the point of intersection of said boundary with the easterly boundary of the Northeast quarter of the Southeast quarter of Section 10 T89N R2E of the 5th P.M.: thence northerly approxima- tely 1,320 feet along said boundary, the southerly approximatel% 1,018 feet of said 1.320 feet being concurrent with the current corporate limits of the City of Dubuque. Iowa, to the point of inter- section of said boundary with the northerly boundary of the Southeast quarter of said Section 10; thence wes- terly approximately 2,640 feet along said boundary to the intersection of said boundary with the northerly property line of Lot 6 of Block 4 of Sherwood Park Subdivision in said Section 10; thence continuing westerly approximately 58 feet along said property line to the point of intersection of said property line with the northeasterly property line of Lot 4 of Block 4 in said Sherwood Park Sub- division; thence northwesterly approx- imately 141 feet along said property line and the northeasterly property line of Lot 3 of Block 4 of said Sherwood Park Subdivision to the point of intersection of said property line with the northeasterly property line of Lot 2 of Block 4 said Sherwood Park Subdivision; thence northwesterly approximately 77 feet along said property line to the point of intersection of said property line with the easterly property line of Lot 1 of Block 4 of said Sherwood Park Subdivi- sion; thence northerly approximately 285 feet along said property line and the easterly property lines of Lot 6 and Lot 5 of Block 2 of said Sherwood Park Sub- division to the point of intersection of said property line with the northerly property line of said Lot 5 of Block 2; thence westerly approximately 199 feet along said property line and northerly property line of Lot 4 of Block 2 of said Sherwood Park Subdivision to the point of intersection of said property line with the easterly property line of Lot 9 of Block 2 of said Sherwood Park Subdivi- sion; thence northerly approximately 290 feet along said property line and an extension of said property line to the point of intersection of said extension with the northerly right-of-way line of North John F. Kennedy Road; thence westerly and southerly approximately 8,500 feet along said right-of-way line u the point of intersection of said right of -way line with the northwesterly property line of Lot I of Helen E. an( Mary H. Stewarts Subdivision in Sec tion 16 T89N R2E of the 5th P.M., sail property line being concurrent will the current corporate limits of the City of Dubuque, Iowa; thence south- westerly approximately 1,297 feet along said property line to the point of inter- section of said property line with the northeasterly property line of said Lot I of Helen E. and Mary H. Stewarts Sub- division, said property line lying within the Southeast quarter of the Northwest quarter of said Section 16 and being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence northwesterly approximately 663 feet along said property line to the point of intersection of said property line with the northwesterly property line of said Lot 1, said property line lying within the Southwest quarter of the Northwest quarter and the Southeast quarter of the Northwest quarter of said Section 16 and being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence southwester- ly approximately 1,510 feet along said property line to the point of intersection of said property line with the northerly boundary of the Northwest quarter of the Southwest quarter of said Section 16; thence westerly approximately 955 feet along said boundary, said boundary being concurrent with the current cor- porate limits of the City of Dubuque, Iowa, to the intersection of said boun- dary with the westerly boundary of the Northwest quarter of the Southwest quarter of said Section 16; thence southerly approximately 1,320 feet along said boundary, said boundary being concurrent with the current cor- porate limits of the City of Dubuque, Iowa, to the point of intersection of said boundary with the northerly boundary of the Southeast quarter of the South- east quarter of Section 17 T89N R2E of the 5th P.M.; thence westerly approx- imately 1,320 feet along said boundary to the point of intersection of said boundary with the westerly boundary of the Southeast quarter of the Southeast quarter of said z mately tion 17; thence 1,290 feet southerly approximately along said boundary to the point of intersection of said boundary with the northerly right-of-way line of Asbury Road; thence westerly approximately 250 feet along said right-of-way line to the point of intersection of said right- of-way line with the northerly boundary of the Northwest quarter of the North- east quarter of Section 20 T89N R2E of the 5th P.M.; thence southerly approx- imately pp oimately 64 feet along a line perpen- dicular to the centerline of said Asbury Road to the point of intersection of said I line with the southerly right-of-way line of said Asbury Road; thence westerly 590 Special Session, December 8, 1976 approximately 175 feet along said right-of-way line to the point of inter- section of said right-of-way line with the westerly property line of Lot 1 of the Northwest quarter of the North- east quarter said Section 20; thence southerly approximately 790 feet along said property line and the wester- ly property line of Lot 2 of Moser Place in the Northwest quarter of the North- east quarter of said Section 20 to the point of intersection of said property line with the southerly property line of said Lot 2 of Kloser Place; thence eas- terly approximately 400 feet along said property line to the intersection of said property line with the westerly boun- dary of the Northeast quarter of the Northeast quarter of said Section 20; thence southerly approximately 440 feet along said boundary to the intersection of said boundary with the northerly boundary of the Southwest quarter of the Northeast quarter of said Section 20; thence westerly approximately 1,370 feet along said boundary and an exten- sion of said boundary to the point of intersection of said extension with the westerly right-of-way line of Radford Road; thence southerly approximately 1,320 feet along said right-of-way line to the point of intersection of said right- of-way line with the northerly boundary of the Northeast quarter of the South- west quarter of said Section 20; thence westerly approximately 1,320 feet along said boundary to the point of intersec- tion of said boundary with the westerly boundary of the Northeast quarter of the Southwest quarter of said Section 20; thence southerly approximately 2,640 feet along said boundary and the westerly boundary of the Southeast quarter of the Southwest quarter of said Section 20 to the point of intersection of said boundary with the southerly right-of-way line of Middle Road (Pennsylvania Avenue); thence wester- ly approximately 1,320 feet along said right-of-way line to the intersection of said right-of-way line with the westerly boundary of Section 29 T89N R2E of the 5th P.M.; thence southerly approxima- tely 5,120 feet along said boundary to the point of intersection of said boun- dary with the southerly right-of-way line of the Illinois Central Railroad right-of-way; thence easterly approx- imately 5,700 feet along said right-of- way line to the point of intersection of said right-of-way line with the westerly boundary of Section 28 T89N R2E of the 5th P.M.; thence southerly approxima- tely 2,050 feet along said boundary to the point of intersection of said boun- dary with the southerly boundary of the Southwest quarter of the Southwest quarter of said Section 28; thence eas- terly approximately 1,320 feet along said boundary to the point of intersection of said boundary with the easterly boun- dary of the Southwest quarter of the Southwest quarter of said Section 28; thence northerly approximately 640 feet along said boundary to the intersection of said boundary with the southerly property line of Lot I of Lot I of Lot 1 of Mineral Lot 287 in the Southeast quarter of the Southwest quarter of said Section 28; thence southeasterly approximately 1,329 feet along said property line to the point of intersection of said property line with the easterly property line of said Lot; thence northerly approxima- tely 520 feet along said property line to the point of intersection of said property line with the northerly property line of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot I of Mineral Lot 289 in the Southwest quarter of the South- east quarter of said Section 28; thence southeasterly approximately 650 feet along said property line to the point of intersection of said property line with the easterly property line of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot I of Mineral Lot 289 in the Southwest quarter of the Southeast quarter of said Section 28; thence northeasterly ap- proximately 120 feet along said property line to the point of intersection of said property line with the southwesterly property line of Lot 2 of Lot l of Lot 1 of Lot 1 of Lot 2 of Lot I of Lot I of Mineral Lot 289 in the Southwest quarter of the Southeast quarter of said Section 28; thence southeasterly approximately 330 feet along said property line and the southwesterly property line of Lot 2 of Lot 1 of Mineral Lot 289 in the South- west quarter of the Southeast quarter of said Section 28 to the point of intersec- tion of said property line with the southeasterly property line of Lot 2 of Lot I of Mineral Lot 189 in the South- west quarter of the Southeast quarter of said Section 28; thence northeasterly approximately 175 feet along said property line to the point of intersection of said property line with the southerly right-of-way line of Old U.S. Highway 20 (Crescent Ridge Road); thence souther- ly approximately 340 feet along a northerly extension of the westerly property line of Lot 2 of Lot 2 of Mineral Lot 290 in the Southwest quarter of the Southeast quarter of said Section 28 and along said property line to the point of intersection of said property line with the southerly property line of Lot 1 of Lott of Mineral Lot 290 in the South- west quarter of the Southeast quarter Special Session, December 8,1976 591 and the Southeast quarter of the Southeast quarter of Section 28; thence southeasterly approximately 920 feet along said property line to the point of intersection of said property line with the westerly property line of Lot 1 of Mineral Lot 290 in the Southeast quarter of the Southeast quarter of said Section 28; thence southwesterly approximately 1,337 feet along said property line and the westerly property line of Lot 5 of Hansel's Addition in the Northwest quarter of the Northeast quarter and in the Northeast quarter of the Northeast quarter of Section 33 T89N R2E of the 5th P.M., to the point of intersection of said property line with the southerly property line of said Lot 5 Hansel's Addition; thence easterly approximate- ly 1,407 feet along said property line to the in- tersection of said property line with the westerly boundary of the Northwest quarter of the Northwest quarter of Section 34 T89N R2E of the 5th P.M.; thence southerly approximately 380 feet along said boundary to the point of intersection of said boundary with the northwesterly property line of Lot I of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 220 in the North. west quarter of the Northwest quarter of said Section 34; thence southwesterly approximately 70 feet along said property line to the point of intersectio of said property line with the southwes- terly property line of said Lot 1 of Lot 1 of Lot 2 of Lot I of Lot 1 of Lot I of Lot 2 of Mineral Lot 220; thence southeasterly approximately 760 feet along said property line and the southwesterly property lines of Lot I of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 and Lot 2 of Lot I of Lot I of Lot 1 of Lot 1 and Lot 2 of Lot I of Lot 1 of Lot I allof Cedar Ridge Acres and Lot I of Lot 2 of Lot 2 of Mineral Lot 220, all in said Section 34 to the point of intersection of said property line with the northwesterly property line of Lot 2 of Lot 3 of Mineral Lot 217 in the Southwest quarter of the North- west quarter of said Section 34; thence southwesterly approximately 846 feet along said property line and the north- westerly property line of Lot 1 of Lot I of Lot I of Cedar Ridge Farm in the Southwest quarter of the Northwest quarter of said Section 34 to the point of intersection of said property line with the northeasterly property line of said Lot 1 of Lot 1 of Lot 1 of Cedar Ridge Farm; thence northwesterly approx- imately 442 feet along said property line to the point of intersection of said property line with the southwesterly property line of said Lot; thence south. erly approximately 534 feet to the point of intersection of said property line with the southerly boundary of the South- west quarter of the Northwest quarter of said Section 34; thence easterly ap- proximately 2,555 feet along said boun- dary and the southerly boundary of the Southeast quarter of the Northwest quarter of said Section 34 to the point of intersection of said boundary with the westerly boundary of the Northwest quarter of the Southeast quarter of said Section 34; thence southerly approx- imately 1.3.38 feet along said boundary to the point of intersection of said boundary with the southerly boundary of the Northwest quarter of the South- east quarter of said Section 34; thence easterly approximately 998 feet along said boundary to the point of intersec- tion of said boundary with the north- westerly right-of-way line of North Cascade Road; thence southeasterly approximately 64 feet along a line per- pendicular to the center line of said road to the point of intersection of said line with the southeasterly right-of-way line of said road; thence northeasterly ap- proximately 240 feet along said right- of-way line to the point of intersection of said right-of-way line with the wes- terly boundary of the Southeast quarter of the Southeast quarter of said Section 34; thence southerly approximately 1,245 feet along said boundary to the point of intersection of said boundary with the southerly boundary of the Southeast quarter of the Southeast quarter of said Section 34; thence eas- terly approximately 320 feet along said boundary to the point of intersection of said boundary with the westerly boun- dary of the Northwest quarter of the Northwest quarter of Section 2 T88N R2E of the 5th P.M., thence southerly approximately 1.520 feet to the inter- section of said boundary with the cen- terline of the flow of the South Fork of the Catfish Creek; thence southeasterly approximately 4.160 feet along said centerline of now to the point of inter- section of said centerline of flow with the westerly boundary of the Southwest quarter of the Northeast quarter of said Section 2; thence southerly approxima- tely 3,760 feet along said boundary and the westerly boundary of the Southeast quarter of said Section 2 to the point of intersection of said boundary with the southerly boundary of the Southeast quarter of said Section 2; thence easter- ly approximately 2,640 feet along said boundary toy wipoint the westerly westerlytion bounf ry said bound a Bary the Northwest Sectionquarter 12 T88N Northwest quarter of 592 Special Session, December 8, 1976 R2E of the 5th P.M., thence southerly approximately 480 feet along said boundary, said 480 feet being concur. rent with the current corporate limits of the City of Dubuque, Iowa, to the inter- section of said boundary with the southerly property line of Lot 2 of the Subdivision of Lot I of Lot 1 of Lot 1 of Lot I Lot 1 of Lot 1 ofLot 1 ofAnnie Waller's Subdivision 2; thence easterly approx- imately 1,360 feet along said property line and an easterly extension of said property line, said property line and extension being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of inter- section of said corporate limits with the easterly boundary of said corporate limits; thence northeasterly approxima- tely 2,400 feet along the current corpor- ate limits of the City of Dubuque, Iowa, to the point of intersection of said cor- porate limits with the southerly proper- tv line of Lot 2 of Lot 1 of Lot I of Lot 1 of Lot I of Lot 1 of Mineral Lot 482 in the Northeast quarter of the Southwest quarter of Section I T88N R2E of the 5th P.M.; thence easterly approximately 334 feet along said property line to the point of intersection of said property line with the easterly property line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 482; thence northerly ap- proximately 148 feet along said property line to the point of intersection of said property line with the southerly right- of-way line of Old U.S. Highway 52; thence northwesterly approximately 135 feet along said right-of-way line to the point of intersection of said right- of-way line with a southerly extension of the easterly property line of Lot 2 of Lot I of Lot 1 of Key Gate Center in the Northeast quarter of the Southwest quarter of said Section 1; thence north- easterly approximately 450 feet along said property line and extension and a northerly extension of said property line to the point of intersection of said ex. tension with the northerly right-of-way line of Old Bellevue Road; thence northwesterly approximately 665 feet along said right-of-way line to the point of intersection of said right-of-way line with the southerly boundary of the Southeast quarter of the Northwest quarter of said Section 1, this point of intersection being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence easterly ap- proximately 1,520 feet along said boun- dary and the southerly boundary of the Southwest quarter of the Northeast quarter of said Section 1 to the point of intersection of said boundary with the westerly right-of-way line of U.S. High- ways 61 and 151; thence northeasterly approximately 2,120 feet along said right-of-way line to the point of inter- section of said right-of-way line with the southerly right-of-way line of the Min- ois Central Railroad right-of-way; thence easterly approx imately4,960 feet along said right-of-way line to the point of intersection of said right-of-way line with the westerly property line of Lot 3 of the Subdivision of Government Lot 1, in the Northeast quarter of the North- east quarter of Section 6 T88N R3E of the 5th P.M., said property line being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence southerly approximately 240 feet along said property line to the point of intersection of said property line with the southerly property line of said Lot 3 of the Subdivision of Government Lot 1, said property line being concurrent with the current corporate limits of the City of Dubuque. Iowa; thence easterly ap- proximately 1,420 feet along said property line to the intersection of said property line with the easterly property line of said Lot 3 of the Subdivision of Government Lot 1, said property line being concurrent with the current cor- porate limits of the City of Dubuque, Iowa; thence northwesterly approxima- tely 1,450 feet along said property line to point of intersection of said property line with the northerly boundary of the Northeast quarter of the Northeast quarter of said Section 6; thence easter- ly approximately 1,600 feet along said boundary, said 1,600 feet along said boundary being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of inter- section of said boundary with the eas- terly boundary of said corporate limits; thence northerly approximately 29,500 feet along said corporate limits to the intersection of said corporate limits with the northerly boundary of said corporate limits; thence westerly ap- proximately 700 feet along said north- erly boundary of said corporate limits to the point of intersection of said corpor- ate limits with the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way, this point of intersection being the point of begin- ning as described herein. Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Special Session, December 8,1976 593 There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Lundh. Councilmen Brady. Stackis. Tully, Wertzberger. Nays — None. Leo F. Frommelt City CC __ler Approved March 21, 1977 Adopted Match 21, 1977 594 Special Session, December 20, 1976 CITY COUNCIL OFFICIAL Special Session, December 20, 976. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Lundh, Council- men Brady. Stackis, Tully, Wertz- berger. City Manager GlNmd D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this meeting is called for the PUR- POSE OF CONDUCTING A PUBLIC HEARING ON SCHEDULE OF AS- SESSMENTS AND AUTHORIZING THE ISSUANCE OF STREET IM- PROVEMENT BONDS TO PAY FOR ASSESSED COST OF CONSTRUCT- ING CITY OF DUBUQUE 1976 AS- PHALT PAVING PROJECT NO. 1 and acting upon such other business as may properly come before a Regular Meeting of the Council. Award for Historical Preservation and Restoration in the City and County of Dubuque, Iowa By Dubuque County Historical Society for FIVE FLAGS THEATRE in the City of Dubuque, Iowa, (Dated) November 10, 1976, (Signed) Jane Malone, President, was presented. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of November 30, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Playground & Recreation Commission submitting minutes of their meetings of December 2 and 13, 1976, presented and read. Coun- cilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of November 4, 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Five Flags Center Building Committee sub- mitting minutes of their meeting of December 9, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dock Commission submitting minutes of their meeting of November 24, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Dubuque Airport Commission submitting minutes of their meeting of December 9, 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of December 15, 1976, presented and read. Councilman Stackis moved that the minutes be received and riled. Seconded by Councilman Tully. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Peoples Natural Gas advising of a rate increase after the January 19, 1977 billing 1.6235 in -town residential and 1.6205 for rural res- idents, per hundred cubic feet, pre- sented and read. Councilman Stackis moved that the communication be received and riled. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of A. B. Chidley sub- mitting his resignation from the Hous. ing Rehab. Commission, effective im- mediately, presented and read. Council- man Tully moved that the communica- tion be referred to Council and resigna- tion accepted with regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Mrs. Lyle H. Pe- terson submitting various reasons for non -ridership on City Bus Lines, pre- -MOM Special Session, December 20, 1976 595 sented and read. Councilman Wertz- berger moved that the communication be received and filed and referred to the Transit Board. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. Communication of City Development Board submitting petition for judicial Review -Re: Annexation Petition of the City, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Director of Recreation submitting agreement with Loras College for use of San Jose Center, as amended and requesting ap- proval, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed and agreement approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Carol J. Reding, resident of a trailer home court, in- dicating discrimination between home owners in the City and owners of mobile home units due to allowance of homes- tead property tax credit for city proper- ty owners, presented and read. Council- man Stackis moved that the commun- ication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. December 6, 1976 City Council 1, the undersigned, herewith beg to advise that due to the exigencies of my Y. business, 1 find it necessary to resign from my office as City Councilman of the City of Dubuque, Iowa effective the 31st day of December, 1976. x It is with deep regret that 1 find it y necessary to take this step and I wish to take this occasion to publicly thank each and every person, both from the +. City family and from the City at large. for all the kindnesses and assistance rendered to me during my term as Councilman and as Mayor. Dated at Dubuque, Iowa, this 6th day of December, 1976. a Alvin E Lundh Councilman Stackis moved that the communication he received and filed and resignation accepted with regret. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Communication of William McEll- hiney submitting his resignation as a member of the Dock Board, presented and read. Councilman Stackis moved that the communication be received and Wed and referred to Council and resig- nation accepted with regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Ken Palm requesting further consideration in the purchase of city -owned real estate on north side of Kaufman Ave tue, pre- sented and read. Councilman Tully moved that the communication be received and filed and City Manager directed to report back at the Council Meeting of January 17, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication and Public Notice from Corps of Engineers advising of City's application for consideration for construction permit in conjunction with Wastewater Treatment Program to construct 3320' of 42" pipe from Ter- minal Street to Sewage Plant with no appreciable effect on the floodway, pre- sented and read. Councilman Stackis moved that the communication and Notice be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilr,en Brady, Stackis, Tully, Wertzberger. Nays — None. December 16, 1976 To the Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Treasurer. Water Superintendent, Health Department, as well as a list of claims paid, for the month of November, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen 596 Special Session, December 20, 1976 Brady, Stackis, Tully, Wertzberger. Nays — None. The City Manager addressed th` Council giving a progress report on Collective Bargaining. Mr. Murray stat- ed they are negotiating with 5 separate unions; Time is limited on negotiating; Request of 1% increase means $80,000. Mavor Lundh moved to proceed with hiring of special consultant for labor negotiations. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Mayor Lundh, Councilman Wertzberger. Nays — Councilmen Brady, Stackis, Tully. MOTION FAILED. Communication of Building Commis- sioner notifying Council that Fischer & Co. has applied for a permit to demolish building at 1258 Main Street, presented and read. Councilman Stackis moved that the communication be received and filed and demolition approved. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Historical Preser- vation Commission submitting a report on "Finding of Condition" of the build- ing at 1258 Main Street, owners of building have requested permission to demolish, presented and read. Council- man Stackis moved that the commun- ication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Councilman Brady further moved that the communication be referred to the City Solicitor to draw up an Ordin- ance requiring building inspection at the time of changing hands, also that local Realtors be advised. Seconded by Councilman Tully. Carried by the fol- lowing note: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of notice of Public meet- ing, published November 26th and 28th, as to giving citizens an opportunity to express their views on community development and housing needs, pre- sented and read. No written objections were filed and no oral objectors were present at the meeting. Mayor Lundh moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of notice of Public Hear- ings, published on December 12th 1976 and January 9, 1977 presented and read. Mayor Lundh moved that the proof of publication be considered advisory at this time and further referred to a Council meeting for final action after date scheduled for second hearing by Department of Community Develop- ment which is set for January 17, 1977. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 17, 1976 To the Honorable Mayor anc City Council The Dubuque Packing Company has requested additional street lighting on the south side of 16th Street east of Sycamore Street. The City Electrical Department has reviewed the request and are recom- mending the installation of one addi- tional 175 watt mercury vapor fixture on an existing wood pole, located mid- way between the existing street light at 16th and Sycamore and the street light 375 feet east. Your approval of this recommenda- tion is requested. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays — None. Abstain — Councilman Wertzberger. December 16, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Iowa Oil Company for C-3 Arterial Business Commercial classification on their property at 1481 Dodge Street which is presently classified in an OR -1 Office - Residential District. The IOCO service station is presently operating at that address as a legal non -conforming use. The IOCO request was prompted by the Company's desire to build a new self- service gas station on the property Special Session, December 20, 1976 597 which could not be accomplished under the limitations of the provisions for nonconforming uses. The Commission has found that the IOCO request required the expansion of an existing C-3 zone in order to avoid a ,.spot zoning" situation. The extent of the expansion for reclassification is shown as the shaded area on the at- tached map. A petition of neighborhood residents, bearing 33 signatures, object- ing to commercial zoning on the subject properties, is also attached. The Commission has determined that the proposed commercial classification would be detrimental to the adjoining residential areas and has recommended that the request be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication he received and filed and recommendation of denial ap- proved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 16, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has received the petition of Gerald and Thomas Swift requesting reclassification of a 3.5 acre parcel in Equestrian Heights from R-2 Residential District to R-3 Residential District to permit construction of mul- ti -unit structures on the site. The property is located on the north side of Kane Street west of Wahlert High School, as shown on the attached map. The petitioners have met the applica- tion and fee requirements of the City of Dubuque Zoning Ordinance 32-75. The Commission has scheduled a public hearing on the petition for Jan- uary 19, 1977 and will report their find- ings to you following that meeting. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tully, Wertzberger. Nays — None. .as December 3, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the proposal of H.R.W, As. sociates to reclassify a 19.1 acre parcel in "Key Knolls" Subdivision from a C-3 Arterial Business District to a C-6 Planned Commercial District, to permit development of a shopping center on the site, as shown on the attached map. In considering the H.R.W. reclas- sification request the Commission received a petition, hereto attached, bearing 712 signatures of area residents stating their objection to the request, and voicing their concerns for increased traffic on John F. Kennedy Road and the surrounding residential area. The Commission has determined that they could take no action on the H.R.W. request until the west side traffic problems are resolved. The Planning and Zoning Commission voted 4-2 to table the reclassification request to July 1977, pending completion of a final plan and commitment of funds for the im- provement of Kennedy Road and urges your body to give the Kennedy Road improvement project top priority in current plannipg. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully 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: Yeass— Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Attorney Robert Bertsch spoke to Council on behalf of H.R.W. Associates, stating the necessity to have a public hearing; Has to have a C-6 Classification and then will be able to develop the complex. Councilman Brady moved that the communication of Planning & Zoning be received and filed and a Work Ses- sion be set with Council, Planning & Zoning, West Side Developers and all interested property owners in the area for January 12, 1977 at 7:00 P.M. in the Council Chambers. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. 598 Special Session, December 20, 1976 Communication of Attorney John Cody Jr. requesting permission to ad- dress the Council as a representative of concerned citizens on the west end relative to proposed shopping center as planned by H.R.W. Associates, present- ed and read. John Cody addressed the Council as being in favor of agreement and would be willing to attend a Work Session; Would provide any information desired; Has no desire to stop development of property. Councilman Tully moved that the communication of Attorney Cody be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the following -vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting an Ordin- ance providing for the inclusion of several properties on J.F.K. Road in the recently created OR -1"a" Office Re- sidential District Classification and AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to reclassify certain properties all lying on John F. Kennedy Road from OR -I Of- fice -Residential District Classification to OR -1"a" Office Residential District Classification, presented and read. Councilman Tully moved that the Communication and Ordinance be referred to the Council Meeting of Jan- uary 17, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting an amend- ment to the Zoning Ordinance setting forth provisions for definition and regulation of adult entertainment es- tablishments and AN ORDINANCE amending and changing Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to enact a new Section 5-108 of Article V thereof, to set forth provisions therein providing for regulation, requir- ements and the definition of Adult En- tertainment Establishments, presenter) and read. Councilman Wertzberger moved that the Communication and Ordinance be referred to the City Solicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of Donald D. Dolan, in an undetermined amount, for per- sonal injuries received in a fall on an icy sidewalk at 2520 Pennsylvania Ave. on December 1, 1976, presented and read. Councilman Tully moved that the No- tice be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Notice of Claim of Sheri O'Brien, in the amount of $1018.37, for personal injuries incurred in an accident due to inoperable traffic light at 14th & Main Street .. .:tober 17, 1976, presented and read. Councilman Tully moved that the Notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Notice of Claim of Karl Miller Sr. in the approx. amount of $300, for car damage incurred as the result of driving into a catch basin at 1895 Grace Street on December 12, 1976, presented and read. Councilman Tully moved that the Notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. Petition of Mildred A. Witherall Ex- ecutor of Estate of Cyril N. Meitl deceased, requesting a refund of $633.75 on unexpired portion of Beer -Liquor License No. C3403, presented and read. Councilman Stackis moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 428-76 WHEREAS, City Council of City of Dubuque, Iowa passed, adopted and approved Ordinance No. 32-46 vacating and ordering that portion of the alley and conveying same to Mr. Joseph Wild, which portion of the alley was platted and described as Lot 32A, Littleton and Sawyers Addition all in the City of Dubuque, Iowa; and WHEREAS, said Ordinance vacating said alley was adopted by the City Council on September 3, 1946, approved Special Session, December 20, 1976 599 and published on September 5, 1946, but no deed was ever made conveying said property to Mr. Joseph Wild or delivered. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the portion of the alley legally described and known as Lot 32A, of Littleton and Sawyers Addition in the City of Dubuque. Iowa be ordered conveyed to Mr. Joseph Wild and that said conveyance be approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said deed for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed and ordered to deliver said deed to Mr. Joseph Wild. Passed, approved and adopted this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Camed by the following vote: Yeas — Mayor Lundh, Councilmen r Brady, Stackis, Tully, Wertzberger. Nays — None. Honorable Mayor and Members of the City Council Since 1972 the City of Dubuque Health Department has made applica- tion and received the authority to in. spect Grade A milk and Grade A milk products from the Iowa State Depart- ment of Agriculture. The last such agreement was approved by the City Council as Resolution No. 270.72 on the 21st. day of August. 1972. The Department of Agriculture has again asked that municipalities renew this agreement to inspect local Grade A milk producers and processors for a period of two years. This agreement to be effective from January 1, 1977 through January 1, 1979. 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 Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 429-76 WHEREAS, City of Dubuque has made application to the Iowa Secretary of Agriculture for authority to conduct milk Inspections. NOWTHEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Application and Agreement for Authority to Conduct Inspections, a copy of which is hereto attached, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said application and agreement. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 2, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 20 of McClain Subdivision which lies on the south side of West Thirty Second Street just west of its intersection with Carter Road, in the City of Dubuque, Iowa. The Commission has found the final plat to be in conformance with the ap- proved preliminary plat and the Sub. division Ordinance of the City of Dubuque, Iowa and recommends your favorable conCITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen 600 Special Session, December 20, 1976 Brady, Stackis, Tully, Wertzberger Nays — None. RESOLUTION NO. 430-76 Resolution Approving the Plat of McClain Subdivision In the rl'y of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as McClain Subdivision in the City of Dubuque, Iowa, by Earl W. McClain and Phyllis McClain, husband and wife; in the City of Dubuque, Iowa; and WHEREAS, upon said plat appear streets to be known as Killarney Court and Kerry Court, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section t. That the dedications of Killarney Court and Kerry Court, together with the new easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of McClain Subdivision in the City of Dubuque, Iowa, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provid- ed the owners of said property herein named, execute their written accep- tance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specification; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where dir- ected by the City Engineer and the City Manager; f. To construct all improvements in compliance with any and all applicable Citv of Dubuque Specifications and as approved by the City Engineer. g. To maintain the foregoing im- provements for a period of four (4) years from date of their acceptance by the City of Dubuque, Iowa. h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Earl W. McClain and Phyllis McClain, husband and wife; i. To construct said improvements, except sidewalks, prior to December 1, 1978, and to construct the sidewalks prior to December 1, 1980; j. To install in accordance with City Specification, boulevard street lighting within thirty (30) days after the com- pletion of the adjacent curb and gutter within any particular section of the proposed subdivision; and further provided that said Earl W. McClain and Phyllis McClain, husband and wife, as owners of said Subdivision, secure the performance 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 Earl W. McClain and Phyllis McClain husband and wife, shall fail to execute the ac. ceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll call this 20th day of December. A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 430-76 We, the undersigned Earl W. McClain Special Session, December 20, 1976 601 and Phyllis McClain having read the terms and conditions of the foregoing Resolution No. 430-76 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 21st day of December, 1976. s/Earl W. McClain S/Phyllis McClain TO - Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 430.76 has been furnished by the owners. Dated at Dubuque. Iowa, this 18th day of January 1977. Gilbert D. Chavenelle City Manager Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Levy to pay for Cost of constructing City of Dubuque 1976 Asphalt Paving Project No. 1, presented and read. No written 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Statement of City Clerk certifying that notices of levy were mailed by certified mail to property owners of record subject to assessment to pav for construction of City of Dubuque As- phalt Paving Project No. 1, presented and read. Councilman Tully moved that the statement be received and filed. Seconded by Councilman Wertzberger. C tmed by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis,-rully, Wertzberger. Nays — None. Communication of Thomas Leibold indicating some confusion as to the method of assessment as it relates to the latest plat of Tower Hills Mobile Home Park and Tower Hills, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 431-76 Schedule of Assessments Resolved by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1976 Asphalt Paving Project No. I on the following named streets: 1. Ashton Place from N.P.L. of Decor- ah St. to S.P.L. Delaware Street, 2. Central Ave. from south curb line of 4th St. to north curb line of 3rd, 3. Davis Ave. from W.P.L. of Windsor Ave. to E.P.L. of Sheridan Rd, 4. Dodge St. from E.P.L. of Bluff St. to Julien Dubuque Bridge, 5. Eagle Point Park -roadway. 6. Intersection widening at J.F.K., Highway 20 and University Ave, 7. Samuel Street from north curb line of Southern Ave. to south curb line of Tressa Street, 8. Tower Drive from west street line of Rockdale Road (sta. 9+09) to W.P.L. of Lot 2-1.1-I-2 of M.L. 483 (sta. 9+90-29), 9. Windsor Ave. from N.P.L. of Davis Ave. to S.P.L. of alley south of Strauss Street, by Tri-State Paving Div. of Dubuque Stone Products Co., con- tractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and pans of lots, and parcels of real estate all as named, stituated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: CITY OF DUBUQUE 1976 ASPHALT PAVING PROJECT NO. 1 Assassabls city Project Shah Spot* 7041 Construction Cost $27,462.02 $114,567.30 $142,01922 En Expense ense enns Ent3,570.06 20.700 03 24270.09 5% Interest 0 198.34 52 days 198.34 ____ Tad Cost $31.230.42 $135.287.23 $166,517.65 County Amwnens paid by Ci" ty _7.184.14— + 7.264 _ ^14 _----- TotAl Cost Adjusted $23-966.28 $142,581-37 $168,517-85 — Ashton Place from the N.P.L. of Decor- ah St. to the S.P.L. of Delaware 602 Special Session, December 20, 1976 OWNER COT "MT. LOCATION ASMT. Donald R. & Bertha Kaiser 293 Tower Heights Wrn dt ii Park Addition 442 69 David J. Bridler& Barbara A Vyverherg 294 Louis J. & Rita M Jaeger 10 W aid lawn Park Additom 492.69 Gregory M A Deborah J Schwirtr 295 81.56 Wdxdlawn Park Addition 492.69 C.I.. & Elsie McNamer 296 Tower Heights Woodlawn Park Addition 492.69 Melvin & Fitz Gottschalk 247 Louis J. & Rita M. Jaeger 5 Woodlawn Park Addition 49269 Robert J. & Mary E Hemg 308 147955 Woodlawn Park Addition 492.69 Len Hoer 307 Tower Heights Woodlawn Park Addition 492.69 Daniel F & Holibe Jane Ames 309 Nancy 1. Many 1-2.2 Woodlown Park Addition 49269 James R & Nona Rita Nigg Ve Woodlown Park Addition 492.69 Don & Ardeth M Kirschbaum 310 Mineral Lot 483 Woodlawn Park Addition 49269 Mineral Lot 483 0 W John F. & Gayle M Hancock 2.1-2-2 Mineral Lot 493 -- 4.W%90 Excavation (unclassified) Mineral Lot 483 565 cu. yd. @ S 2.35 - $1.37475 Conc. pavement rrmoval Tower Investment Inc. 1 750 sq. yd @ $ 1 75 - 1.31250 A.C. binder course 12.28 62.8 ton @ $13.75 - 963.50 A.C. surface course 44 5 ton @ $1375 - 611.88 Prime coat or tack coat John F. & Gayle M. Hancock 1-2.1 1 2 210 gal @ $ 043 - 91130 9" stabilized rolled stone base 1.940.25 90413 ton $ 3.65 - 3.30070 Combination curb and gutter type "A" Mineral Lot 483 495.21m. ft. (w $ 4.50 - 2,193,40 Combination curb and gutter type' B" IOLB lin. ft (o $ 460 - 468.28 Sodding I FA sq. yd @ $ 1 65 - 303.60 4" concrete sidewalk p 6 13.75 27 85 sq. ft @ $ 1 I(1 - 303.44 Sidewalk or driveway removal 2.510.85 tons %- stab rolled alone base 262 53 sq. ft (4; $ 020 - 52.51 Total Construction Cost 200 OU 1 780.4 fin. ft Combination curb & gutter type 'A' $10,961.66 City Share 103.8 lin. ft. Combination curb & gutter type "B" @ $ 4.60 47748 6,532.46 Assessable Share 1,70(100 2,632.8 sq. yd. Sodding @ f 1 65 4.33240 13% Engineering Expense @ $ 1 IU 2,69735 264 sq. ft. 6" concrete sidewalk 563.21 5% Interest 52 days 645 sq. ft. Sidewalk or driveway removal @ $ 021) 12.90 31.39 Total Assessable Amount $ 4.92690 Tower Drive - from the west street line of Rockdale Road to the W.P.L. of Lot 2-1.1-1-2 of Mineral Lot 483 OWNER LOT LOCATION "MT. Nicholas W. Weber All Nick Weber Place 000 Stephen F. Jaeger 2.1 Tower Heights 1.01135 Louis J & Rita M. Jaeger 9 Tower Heights 1.51215 Louis J. & Rita M Jaeger 10 Tower Heights 255.94 Louts J. & Rita M Jaeger I I Tower Heights 81.56 Louis J. & Rita M Jaeger 8 Tower Heights 33.23 Louts J. & Rita M Jaeger 7 Tower Heights 21 93 Louis J. & Rita M Jaeger 6 Tower Heights 21.93 Louis J. & Rita M. Jaeger 5 Tower Heights 78.19 Arnold J. & Vivian L. Bauer 2.1-1.2 Tower Heights 147955 Tower Hill Investments 1-1.1.2 Tower Height, 969.36 Louis J. & Rita M .larger 21-2 Tower Heights 969.36 Lous J. & Rita M. Jaeger 2-22 Tower Heights 969 36 Nancy 1. Many 1-2.2 Tower Heights 96936 Rural Independent School District of Table Mound Township 2d-1-1.2 Mineral Lot 483 11.253.81 John F. & Gayle M. Hancock 1.2.1.1-2 Mineral Lot 483 000 John F. & Gayle M. Hancock 1.2-2.2 Mineral Lot 483 0 W John F. & Gayle M Hancock 2.1-2-2 Mineral Lot 493 000 Vernetta Mills 2.2.1.1.2 Mineral Lot 483 0.00 Mark A. & Violet Lewis 21.1-2.2 Mineral Lot 483 000 Tower Investment Inc. 1 Tower Investments Sub. No 1 12.28 $19,039.38 County Luis -Assessments paid by City of Dubuque Nicholas W. Weber All Nick Weber Place 3.430.58 John F. & Gayle M. Hancock 1-2.1 1 2 Mineral Lol 483 1,754.82 John F. & Gayle M. Hancock 1-2-2.2 Mineral Lot 483 1.940.25 John F. & Gayle M. Hancock 21.2-2 Mineral Lot 483 4.74 Vernetta Mills 2.2-1.1.2 Mineral Lot 483 73.25 Mark A. & Valet Lewis 21-1.2.2 Mineral Lin 483 2050, $26,30352 All of which as assessed in proportion to sprrtal benefits i unterred. 387.7 tons A.C. binder course Cd $ 13.75 $ 5.330.88 335.45 tons A.C. surface course p 6 13.75 4.61244 1,100 gal. Prime coat or tack coat @ $ 1143 47300 2.510.85 tons %- stab rolled alone base @ $ 3.65 9,16460 4 no of Manholes -raise or lower 5 50.00 200 OU 1 780.4 fin. ft Combination curb & gutter type 'A' $ 450 8,01180 103.8 lin. ft. Combination curb & gutter type "B" @ $ 4.60 47748 Lump Cyclone fence (0 Lump 1,70(100 2,632.8 sq. yd. Sodding @ f 1 65 4.34 12 2.452.14 sq. h. 4" concrete sidewalk @ $ 1 IU 2,69735 264 sq. ft. 6" concrete sidewalk 1 20 316 011 645 sq. ft. Sidewalk or driveway removal @ $ 021) 12.90 20 sq. yd. 6" concrete drier slab CO) $ I 1 (14) 22000 2 no of Manhole ring and cover (0 $1(0) W 2(111.00 19 lin. h. Concrete or asphalt sawing @ $ I W 1900. 2,120 cu yd Excavation (unclassified) @ $ 2.35 4,982.00 7.5 tuns A( hand patching @ $ 25.00 1147 50 Special Session, December 20, 1976 603 114 65 tons 6" ripcap slope protection 3 no to Catch basin double type 104 2 no iA Catch basin single type 101 "C'• no of 2n 0 Catch basin single type 101 "A" Mod. 421 hn ft IS" RCCP 2.000 D "O" rine 110 lin ft 19" RCCP 2AM D -o" ring 2 no of Manhole base 1 I hn ft Manhole aidewall. hilt in lin It 12 2.5 cu vd Reinforced concrete headwall I no of Sanitary manhole tap 49 lin ft R" V T P. $1,000.00 Taal Construction Cost 21.22 City Shue Dec. 1, 1985 Dec. 1. 1986 Aseessabte Shue $1966 13% Engineering Expense t a 3. Said bonds shall bear interest at 5% Interest -52 days Taal Assessable Amount Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully. Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to authorize issuance of Street Im- provement Bonds to cover assessed cost of City of Dubuque 1976 Asphalt Paving Project No. 1, 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 Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None RESOLUTION NO. 432-76 Resolution providing for the issuanco of Street Improvement Bonds for the Purpose of Providing for the Payment of the Assessed Cost of: City of Dubuque 1976 Asphalt Paving Project No. 1. WHEREAS the contract heretofort entered into by the City of Dubuque Iowa, for the street improvements her einafter described has been complete( and the City Manager has certified th1 completion thereof to the City Counci and the City Council has ascertainel @ 1 750 It"" $05.00 2.0115 00 (d $500.00 1.000.00 @ 115000(l 1.0110.00 (4 $ 1400 5.691,00 @ 6 1600 1,760011 @ $ 75.00 150.00 @ $ 4100 440.00 @ $175.00 2.14375 @ $150.00 150.00 @ s moo 490.60 $50.922.50 35.792.814 $23,129.62 3,006.85 167.05 $26,303.52 the cost thereof and has determined that $23,966.28 Dollars of the cost ther- eof shall be assessed against the property subject to assessment ther- efor; 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 of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant 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: City of Dubuque 1976 Asphalt Paving Project No. 1 there may be issued street improvement bonds in the amount of $23,966.28 Dol- lars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Street Improvement bonds; and shall bear the date of April 1, 1977; and shall be num- bered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such ma- turity dates as are shown in the follow- ing table: Harts laid No. No, Denan• Ination Il$aWrlty 1 1. 3 $1,000.00 Dec. 1,1977 2 4. 6 $1,000.00 Dec. 1, 1978 3 7.9 $1.000.00 Dec. I. 1979 4 10.12 $1.000.00 Dec. 1, 1980 5 13.14 $1,000.00 Dec. 1, 1981 6 15-16 $1,00o.00 $1.000.00Dec.` Dec. 1, 1982 1983 7 17.18 8 19.20 $1,000.00 1984 Dec.1.1984 21.22 $1.000.00 00 Dec. 1, 1985 Dec. 1. 1986 0 23 10 Z• $1966 Dec. 1, 1986 t a 3. Said bonds shall bear interest at rate not to annuaven lly in accor- payable paY thereto attached: danceannum, dance with coupons 604 Special Session, December 20, 1976 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special as- sessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No......... Series No........ CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of one thousand dollars with interest thereon at the rate of ........ per cent per annum, payable ........ annually, on the presentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Trea- surer in the City of Dubuque, in the state of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 of the 1975 Code of Iowa, as amended, and the Resolution of said City duly passed on the 20th day of December, 1976, being Resolution No. 432-76. This Bond is one of a series of 24 bonds, 23 for $1,000.00 numbered from 1 through 23, and one for $966.28 num- bered 24 all of like tenor and date, and issued for the purpose of: financing the deferred portion of the assessed cost of the City of Dubuque 1976 Asphalt Pay. ing Project No. 1, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1308 created 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 required 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 assessement, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged IN TES. TIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to he thereto affixed, this 20th day of December, 1976. .......I ............. (Seal) Mayor ..................... City Clerk (Form of Coupon) On the ...... day of ........... the City of Dubuque, Iowa, promises to pay to the bearer, 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 .......I ............. Mayor .......... I.......... 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 to execute said bonds and that the City Treasurer be and he is hereby instructed to register said bonds in a book kept for that purpose. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Fund 1308 and paid out by him to pay the cost of said contract. 8. That the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and counter- signed with the facsimile signature of the City Clerk. 9. That as fast as funds allow, begin- ning with the second year after the payment 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 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Special Session, December 20,1976 605 December 15, 1976 To the Honorable Mayor and City Council The Replacement of City Hall Electric Service and Associated Equipment has been substantially completed in accor- dance with plans and specifications by Paulson Electric Company of Dubuque, Iowa, Gilbert D. Chavenelle City Manager Mavor Lundh moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Bradv, Stackis, Tullv, Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 433-76 WHEREAS, the contract for the re- placement of City Hall Electric Service and Associated Equipment has been completed and the City Electrical In- spector has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque. That the cost of said improvement is hereby determined to be $5,900.00. That none of the cost thereof shall be assessable upon private property and 55,900.00 shall be paid from the Revenue Sharing Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. (A Resolution Accepting Improvement] RESOLUTION NO. 434-76 WHEREAS, the contract for the re- placement of City Hall Electric Service and Associated Equipment has been completed and the City Manager hat examined the work and filed his cer tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Revenue Sharing Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of December, 1976. Alvir E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December !6, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots 1 through 5 of "Nesler Heights on Grandview" in the City of Dubuque, Iowa. The subject property lies east of Julien Dubuque Drive and south of Grandview Avenue. The Commission has found that the final plat conforms to the approved preliminary plat for this area and meets the minimum requirements of the Sub- division Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration. PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. 606 Special Session, December 20, 1976 RESOLUTION NO. 435-76 Resolution approving Plat of Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, each of "Nosier Heights on Grandview" in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lots 9 and 10, each in Linhein Subdivision of Min- eral Lot No. 19, Township 89 North, Range 2 & 3 East of 5th Principal Me- ridian, in the City of Dubuque. Iowa, and of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 2, and of East 25 feet of Lot 2 of Lot 1 of Lot I of Mineral Lot 2, and of Lot 1 of Lot 1 of Lot 1 of Lot I of Mineral Lot 13, and of Lot 2 of Lot 1 of Lot I of Lot 1 of Lot I of Lot 2 of Mineral Lot 14, and of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 2 of Mineral Lot 14, and of Min- eral Lot 15, each in the City of Dubuque, Iowa, Lot 4 is to be used as an access to the foregoing described new Lots and also as an easement for all public utili- ties is platted as: , Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, each of "Nester Heights on Grandview" in the City of Dubuque, Iowa and WHEREAS said plat has been ex. amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined 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. Seeton 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 20th day of December. A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 16, 1976 To the Honorable Mayer and City Council The construction of the Highway 20 and Wacker Drive left turn lane, has been substantially completed in accor- dance with plans and specifications by the Flynn Company Inc. of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tulle. Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 436-76 WHEREAS, the contract for the con. struction of Highway 20 and Wacker Drive left turn lane has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $13,759.89. That none of the cost thereof shall be assessable upon private property and $13,759.89 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays — None. (A Resolution Acceptng Improvement) RESOLUTION NO. 437-76 WHEREAT,. the contract for the con- struction of Highway 20 and Wacker Drive left turn lane has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, Special Session, December 20, 1976 607 plans and specifications and recom. mends its acceptance, now therefore, BE IT RESOLVED, by the City Coun. cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund in amount equal to the amount of his contract, less anv re- tained percentage provided for therein. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. December 17, 1976 Honorable Mayor and City Council On behalf of the Rehabilitation Com- mission. I am pleased to submit our proposed guidelines for the Interim As- sistance Rehabilitation Loan and Grant Program. The Commission has prepared these guidelines through a series of commit- tee meetings over the last three months. We believe that the program, as consti- tuted therein, will be an effective re- sponse to an important housing need, and will comply with all applicable state and federal regulations. We look forward to the opportunity to present the guidelines to you, asking for your favorable consideration of them. DUBUQUE REHABILITATION COMMISSION Bruce Cowhig, Rehabilitation Supervisor Councilman Tully moved that the communication be received and filed Seconded by Mayor Lundh. Carried by the following vole: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 438-76 A Resolution approving Guidelines for the Interim Assistance Rehabilita- tion Loan and Grant Program and Providing for Rules for the Administration of said Program NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Guidelines for the Interim Assistance Rehabilitation Loan and Grant Program, hereto attached and marked Exhibit "A" be, and the same, are hereby approved as rules for the administration of said program. Section 2. That the Rehabilitation Commission of the City of Dubuque has heretofore approved such Guidelines. Passed, approved and adopted this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh,. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 439-76 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 Cigar- ettes and Cigarette Papers within said City. Robert W. Grobstick, 1450 Loras Blvd. Norene J. Millman, 601 Rhomberg Ave. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Coundilmen ATTEST: Leo F. Frommelt City Clerk 608 Special Session, December 20, 1976 Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 440-76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT William J. Baum (Also Sunday Sales), 2995 Central Ave. Clarke College, 1550 Clarke Drive. CLASS "C" BEER PERMIT Osco Drug Store, 705 Main St. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION No. 441-76 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 oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT William J. Baum, (Also Sunday Sales), 2995 Central Ave. Clarke College, 1550 Clarke Drive CLASS "C" BEER PERMIT Osco Drug Store, 705 Main St Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carred by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. RESOLUTION NO. 442-76 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 following applications 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 Norene J. Millman, 601 Rhomberg Ave. Mary J. Vreeland, (Also Sunday Sales), 1298 Main St. Super Market, Corp., 1101 Central Ave. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None RESOLUTION NO. 443-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were in- Special Session, December 20, 1976 609 spected and found to comply with the Mayor Pro Tem Stackis announced State Law and all the City Ordinances that Walter Pregler had been selected to relevant thereto and they have filed fill the unexpired term of Alvin E. Lundh proper bonds; on the City Council. Councilman Tully NOW THEREFORE BE IT RESOLVED moved ratification of the appointment. by the City Council of Dubuque, Iowa Seconded by Mayor Pro Tem Stackis. that the Manager be authorized to Carried by the following vote: cause to be Issued to the following Yeas — Councilmen Brady, Stackis, named applicants a Liquor License. Tully. CLASS "C" (COMMERCIAL) BEER Nays — None. AND LIQUOR LICENSE Abstain Mayor Lundh, Councilman Norene J. Millman, 601 Rhomberg Ave. Wertzberger. Mary J. Vreeland, (also Sunday Sales), Councilman Brady moved the reap. 1298 Main St. pointments of Koa Gatrel and James Super Market, Corp., 1101 Central Ave. Schwers to the Board of Appeal (Build- ing Code) for a two year term expiring 12-31.78. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays — None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Passed, adopted and approved this 20th day_ of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: l,eo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas — Mayor LZ''undh, Councilmen Approved px., h--21 ..... 1977 Brady, Stackis, Tully, Wertzberger. Adopted ..M r.C. • 21,,. • • 1977 Nays — None. ^ Mayor Lundh moved that Council- C I men's pay be raised to $3600 per year, and 150% times that amount for Mayor beginning at earliest legal dat Seconded by Councilman Stackis. Ca ried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis. Wertzberger. Nays — Councilman Tully. At 10:00 P.M. Councilman Tull moved to go into Executive Sessi Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays — None. MAYOR LUNDH DID NOT ATTEND EXECUTIVE SESSION. Council Reconvened in Regular Ses- sion at 10:40 P.M. Approved March 21, 1977 Adopted March 21, 1977 ................. Clerk OFFICIAL PROCEEDINGS of CITY COUNCIL of the CITY OF DUBUQUE IOWA FOR THE YEAR 1977 r CITY OFFICERS FOR THE YEAR 1977 COUNCILMEN EMIL STACKIS, MAYOR JAMES E. BRADY THOMAS A. TULLY, JR. WALTER A. PREGLER RICHARD WERTZBERGER City Clerk ............................... LEO F. FROMMELT City Solicitor ................................... R. N. RUSSO Assistant City Solicitors .................. WILLIAM G. BLUM BARRY A. LINDAHL CITY MANAGER GILBERT D. CHAVENELLE Assistant City Manager ................ GENT WITTENBERG Administrative Assistant............ GERALD J. KOPPES 7129 Z. D. HANTELMANN 811 Personnel Director .................. MICHAEL ROHRET 2115 Program Planner ........................ PAULINE J. JOYCE Finance Director ........................... A. G. HEITZMAN Deputy Finance Director ...................... GERALD HIRD Director of Public Works .............. FRANCIS A. MURRAY City Engineer MICHAEL A. KOCH ........................... Supt. of Water Works ........................... J. J. HAIL 4/1 M. W. WILLIAMS 813 Street Commissioner .................. MERLE FELDERMAN Community Development Director...... DANIEL DITTEMORE Dock Commission Manager..... • • • • ' ' ' ' .....SHIRLEY KRAMNR Supt. of Parks ......................... Building Department Commissioner......... RICHARD FEYEN Electrical Inspector....... • . EDWARD O. ALBER 11/4 ROBERT McCARTEN 1117 Plumbing Inspector ............... ALVIN "BUD" ANDERSON ROBERT N. DUNPHY Chief of Fire Department ............... Coordinator, Office of Disaster Services....... ROBERT GOOCH Chief of Police .............. ROBERT J. O'BRIEN • ' ' ' .JAMES J. GREGORY City Assessor ............... • • • • • Director of Recreation ................. ' ' ' ' . •TERRY TRLiEBL00D Health Director ............. KENNETHD. 6/30 ARTHUR J. ROTH Sanitary Officer ......................... LAVERNE GOERDT MER Food & Restaurant Inspector... • • • ... WILLIAM G FULIIMER Library Director............ • • • • • • • JEFF MOLID Airport Manager ............................... Human Rights Director and E.E.O.Officer.. MATHIAS LORENZ Regular meetings of the City Council are held on the First Monday of each month at 7:30 p.m. INDEX -BOOK 107 1977 SUBJECT Page A Jan. 3—Amer. Trust & Savings Bank named depository .............. 2 " 17—Agenda. Council material for same to be submitted to Clerk's Office on or before noon on the Wednesday preceeding a sched- uled Council Meeting..... ..... ..................... 9 " 17—Award, Grant. Iowa Arts Council advising City recipient of same......... ...... ... ................ ......... 10 " 17 — "Alien Address Report Month", January proclaimed same..... 10 " 17—ANNEXATION to the City, results submitted by Commission- er of Elections .............. ..................... .. ... 10 " 17 — American Interinsurance Exchange, representing Carl A. Kane, notice of personal property damage claim .............. 13,617 " 17— Allison Henderson Pavilion, Iowa TOPS objecting to fee in- crease at same ............................ .. ........ 15,62 " 17 — American Legion Auxiliary requesting to conduct Poppy Day Sale on May 27 & 28th.. ..... .......... ............. 15 " 17 — Authority, County -City of Dubuque, dissolution of same....... 19 " 17—AUDIT SERVICES, for the Downtown Urban Renewal Project No. Iowa R•15, authorizing the execution of a contract for same with O'Connor, Brooks & Co.. .. .... ......... ...... 29 " 17 — Andresen, Thomas granted Beer -Liquor License & Cigarette Licenses....................... ......................33, 132,325 Feb. 7 —"American Heart Month" month of February ................. 43 " 7 — Airport Commission submitting minutes of their meetings.... . .......... 43, 118. 150, 203, 252, 292.332, 371, 401, 452, 480, 503, 555, 603 " 7 — Advisory Commission submitting minutes of their meetings.. . .................. 43, 118, 134, 150, 203, 252, 401, 426.452, 531, 555, 603 " 7—Annexation of Henschel's Black Forest requested by Richard Henschel........................ .... ............. 82 " 7—Audit Report of Transit System for City of Dubuque for years ending June 30, 1975 and June 30, 1976, submitted............ 43 " 7—Amling. Rick relative to Unit Pricing ........................ 62 " 7—AGREEMENT between DOT and City relating to grant offer to pay the State's share of the Master Plan Study for Dubuque MUNICIPAL. AIRPORT approved .......................... 86 " 21—Art Assn. custodians of 1976 Series of Bicentennial Frank Lic- ciardi paintings ........................................... 88 " 21— Adult Entertainment establishment, City Attorney relative to same.. " 21— Ambassadors, Dubuque, submitting entry in 1977 Ia. Commu- 94 nity Betterment competition ............................... 97 " 21— Annexing 52.264 acres in Henschel's Black Forest requested by Richard & Mildred Henschel ............................... 82,101 " 21—Annexing 0.78 acres in Henschel's Black Forestrequested by David & Florence Willoughby ............. 102 " 21—Annexing .814 acres in Henschel's Black Forest requested by Harold & Darlene Conzett Jr ............................... 102 " 21— Annexing 5.423 acres in Harwood Place requested by 1st Nat'l., Theisen Bldg. Co., and Merl Goerdt et ux.................... 103,209 " 21— Avon Park, Park (;turd approving plan of same and application for Federal Funds ..................................... 105, 192, 238 " 21—AGREEMENT between the City and DOT for installation of Advance Railroad Crossing Signs, authorizing execution of 106 same........... ............ " 21—Acquisition of right-of-way for roadway projects (Northwest Arterial) from Joseph & Ruth Siegert ....................... 106 " 21— AGREEMENT between Dock Commissioners and Dubuque Sand& Gravel Co., approved .............................. 110,124 " 21—AGREEMENT between Dock Commissioners and Robert's River Rides Inc. approved..............................110,124,138 112 21— Apartment Ltd., The granted Liquor License ................ Mar. 10—Adult Entertainment Establishments, Ordinance requested for 119 same................... ........... I...................... " 10 —Airport Commission to investigate "Fly for Hire" practice at Airport .......................................... .....120,150, 177 INDEX -BOOK 107 1977 _ _ _ SUBJECT Paige 10—Alpha Phi Omega (Loras College) requesting to distribute tags and accept contributions on March 19. 1977 to "Shamrocks for Dystrophy Drive............ ...... .. 123 10—AGREEMENT between Dock Commissioners and Robert Kehl approved ................................. ....110.124.138 10—Annual Performance Report of certain Community Develop- ment Block Grant Documents available ...................... 128 10—Annexing 38.10 acres of land in M.L. 324 requested by Manter- nach Development Company ............................... 129 21—Ambassadors, Dubuque, endorsed as sponsors of the 1977 Iowa Community Betterment Program .............. 147 Apr. 4—Ad Hoc Preservation Advisory Board, relative to Ordinance for same..................................................... 157 4—"Application for District Regulations", Ordinance providing for same ................ ..... 162, 207 .................................. 4—Advisory Commission being opposed to proposed closing times in Parks .............. 165 4—Apel, Fred, Park Board Member, relative to the closing of parks atearlier time ............................................ 165 4—AGREEMENTS with Illinois Central Gulf Railroad and Chica- go, Milwaukee, St. Paul and Pacific Railroad for construction of a force main from the Terminal St. lift station to the Wastewat er Treatment Plant ............. 184 4—AGREEMENT with Dock Commission and Dubuque Barge & Fleeting Company submitted......... .... , ..... 172,187 18—"Arts in Dubuque Week" April 24 to 30th .................... 176 18— ANNEXATION of Lot 2 of 1 of 1 of Beverly Pines, requested by Charles D. Spahn...................... 186 18—ANNEXATION of portion of Schrup Subd, in Section 1 Table Mound Township requested by Louis J. and Rita M. Jaeger.... 187 18—AvonPark, acquisition of certain real property for the develop. ment of same ............................................. 192.265 " 18—Astgen. Thomas M., granted Beer Permit & Cigarette License. ................................. 27—AGREEMENT with Sheriff and Dubuque County to hold same 325,423 harmless from any claims arising out of deputization of persons for City Parks and Airport Facilities............ May 2— Andresen, Tom, relative to movie production of F.I.S.T........ 204 2—Apel Edward, Sidewalk Bond submitted............ 2—ANNEXATION of portions of Table Mound Township as re- 205 quested by D. James and Patricia Edwards ................... 215 2—Asbury Springs Sub. No. 4, approving final plat of same....... 217 2—AGREEMENT with City and Dubuque County relating to maintenance of prisoners confined in the Law Enforcement Cen• 18—Ambassadors, Dubuque, advising of receipt of $500.00 and re. 219 questing to pass onto Transit Board ......................... 16—AGREEMENT with Dubuque Chips, Inc. covering certain city 224 owned real estate .................. 16—Actuarial Report of Police and Fire Retirement System sub. 229.260 16—Adult Day Care Center d to rrrelease of funds for same ..... 237, 263, 333, 390 234 16—Avon Park, Dittemore advising of application for Federal Assis. lance. .. 16—Annual Contributions Contract, authorizing execution of same 238 for Section 8 Existing Housing Assistance Payments Program. L41 18—AGREEMENT between the City and the Old Creamery Theatre Company of Garrison, Iowa to provide certain theatricaAud i forlCommunit cI)eveloFlmen g k Giant Funds....... . June 6 — 244 8—Alta Vista St. Curb & Gutter Replacement Project from Kirk 272 wood St, to Vernon St., construction of same...... , ... 277, 308, 344, 567 6—Audit report from State for period of 7-1-75 to 6.178 submit ted. .. 6— Asbury Springs Sub. No. 2, approving plat of portion of same... 282 6—Abernathy, Glen granted Cigarette License......... 282 283 INDEX -BOOK 107 1977 SUBJECT Page " 6—Albert, Dick, granted Cigarette License ..................... 283 " 6— Adams. Charles F., granted Cigarette License ................ 284 " 6—American Snack, Inc., granted Cigarette License ............. 284 " 6— Arvanitis, George K., granted Cigarette License .............. 285 " 6—American Legion granted Liquor License & Cigarette License. 286. 324 " 15—Application approval and authorizing submission of application inCity ................................................... " 5 — Arthofer. Don, Notice of car damage claim ................... for a Low -Rent Housing Program........ ...... ... 287.289 " 20—Audit of Water Utility and Parking and Sewage Facilities onSept. 25............................................... " 5—Asbury Springs No. 1, approving plat of portion of same. Funds to he performed by O'Connor Brooks and Co. and State IHen kell ........................... " 5— AN k0.....fO....N . requested . by . Theisen . . . Building ..C.ompany.. Inc. Auditor the balance of financial funds for City for period of " 5—ANNEXATION requested by Manternach Development Co... " with Iowa DOT to use FAUS Funds for right of 7.1.76 to 6-30-77 ........................................... 294,345 " 20 — Air Siren in 90t1 Block of Kane Street, objections to same...... 306 " 20 — Andresen, John, Granted Cigarette Licenses ................. 324 " 20— Aquinas Institute of Theology granted Cigarette License ..... 324 " 20— Anthony, Paul E., granted Cigarette License ................. " Y. McDonald Mfg. Cigarette License .............. 324 325 20—A. granted " 20— A & P Granted Cigarette License & Beer Permit.......... 325. 445, 476 " 29— AGREEMENT. authorizing the execution of same with the Chi- " 18— Asbury Springs Subd. No. approving plat " ANNEXATION requested by Frederick C. and Janell Timmer- cago Milwaukee. St. Paul and Pacific Railroad Co. and DOT re 1S— man. .................................................... Assistance through the Land and lating to reconstruction of railroad crossings on 16th, 15th & " 18—AGREEMENT for Financial Water Conservation Fund for a proposed Avon Park Project. 14thStreets .............................................. " 29—Agreement by and between Dubuque Airport Commission and 329 the Tri-State Flite Services Inc., approved .................... 329 " 29—Area "C" Development Study Commission, appointment to " 1S—AGREEMENT with 20th Street from Central to Elm ............................ same.. ... ........................................ " 29— Airport Zoning Commission, appointments to same........... 330 330 " 29— Advisory Commission• appointments to same ............. 330. 479. 501 330 " 29— Allendorf, Don, appointed to TV Cable Commission........... " 29— Alfredo. William appointed to TV Cable Commission.......... 29—Abitz. Don appointed to TV Cable Commission............... July 5—Arbor Oaks Block 7 water construction permit submitted by 33330 DEQ.......... ........................ " 5—Adams. Mrs. Merl, objecting to outside organizations soliciting 332 inCity ................................................... " 5 — Arthofer. Don, Notice of car damage claim ................... 332 336 " 5—American Diabetes Assn., requesting to conduct Bike-A-Thon 337 onSept. 25............................................... " 5—Asbury Springs No. 1, approving plat of portion of same. IHen kell ........................... " 5— AN k0.....fO....N . requested . by . Theisen . . . Building ..C.ompany.. Inc. 346 360 " 5—ANNEXATION requested by Manternach Development Co... " with Iowa DOT to use FAUS Funds for right of 381 5—AGREEMENT way land acquisition for Siegert property .................... 364 " 5— Application for participation in Section 8 Existing Housing Pro- gram for 100 units to be submitted to HUD ................... " 18—Andresen, Thomas. expressing thanks for assistance in produc- 371 ingF.I.S.T................................................ " requested by Elinor Ann Cody Ginder........ 384 18—ANNEXATION " 18— Archdiocese of Dubuque, P & Z approving plats for same...... 1, of portion of same. 386 387 " 18— Asbury Springs Subd. No. approving plat " ANNEXATION requested by Frederick C. and Janell Timmer- 1S— man. .................................................... Assistance through the Land and 389 " 18—AGREEMENT for Financial Water Conservation Fund for a proposed Avon Park Project. 388 " 18—AGREEMENT providing for Block Grant Funds to he used for 390 relocation of sewer and water lines at the Civic Center........ DOT for FADS Funds for Signalization of " 1S—AGREEMENT with 20th Street from Central to Elm ............................ 394 Aug. 1—"Apprenticeshil) Month" month of August ................... " William J., requesting to connect to city water at 401 1—Avenarius, 409.433 140 Aquin Sl ............................................ " 1 Agreement with Computer Consulting Services, Inc., authoriz- 420 — ing execution of same ...................................... " 1 — Application for 1W Unit same for Existing Housing........... 420 " 1 — Agreement between City of Dubuque and Iowa DOT relating to from Railroad Avenue to (lodge St. 421 the paving of South Locust INDEX -BOOK 107 1977 SUBJECT Page 15—Arendt, Edward ,John, notice of personal injury claim......... 430 " 15— ANNEXATION requested by Marvin C. & Alice L. Meeker and Richard W. Ant honv ....................................... 435 15—Anthony, Richard W. and Marvin C.& Alice L. Meeker request- ing annexation ............. .. ..... .......... 435 " 15—ANNEXATION requested by Joseph F. & Ruth M. Siegert and Edward Tschiggfrie of approx. 75.018 acres ........ . ......... 442 " 15—Amvets Post 93 granted Liquor License ..................... 446 Sept. 6—Airport Commission advising of vacancy and recommending reappointment of .Jerry Kopischke .......................... 453 6—Audits for Iowa Parking Facilities and Municipal Sewage Die posal Works and Facilities submitted by City Manager........ 455 6—"Agricultural Land Tax Credits" submitted by City Manager. 455 6—ASAP, City Manager submitting contract between same and PoliceDept ............................................... 455 6—A & H Development Co., approving final plat suhmilted he same..................................................... 5114 14 — Airport Commission, appointments to same .................. 479 " 19— Advisory Commission relative to roadside dumping........... 480 19— Annual Financial Report for City, ending 6.30 77, proof of publi cation.................................................... 481 " 19— Appel Frederick R., Notice of property damage claim........ 481 19— Advisory Commission endorsing concept of City Yout h Commis- sion......................... ..... ...... 487. 502 " 19—ANNEXATION requested by Henry L. & Lois Callan of por- tion of "Henschel's Black Forest.. ........................... 496 Oct. 3—Aquin St., DEQ submitting water main extension construction permit. .................................................. 3—Ames, Robbe, resigning from Community Development Com- 504 mission . ........ 3 — Abitz, Donald R., unable to serve on Cable Commission.. 504 504 3—ANNEXATION, Notice of Suit filed by W.C. Neumeister rela- tive to same ................. 3—ANNEXATION requested by Raymond A. & Bertha H. Ney... 505 521 3— ANNEXATION requested by Thomas A. Luksetich and Elean. orJ. Rafoth............ . ...................... 522 17—Adult. Entertainment Ordinance, establishing same........... 533. 561 31—ANNEXATION, Dale Stierman required to do same in order to connect to City's sanitary sewer ............................ 549, 31— Ambulance, Fire Chief Dunphy requesting 570 to go to hid for new one of same .................. ................... Nov. 7—"American Education Week" Nov. 13th to 19th........ 554 7—Advisory Council on Historical Preservation of Washington D.C., relative to Marshall Roosevelt Park 555 Improvements...... 7—Audit, Financial, submitted by City Manager for Water Depart 556 mentfor period of 7-1-76 to 6-3077 ........................... 7—Audit, Financial, of Housing Authority for period of March 1. 556 1976 to June 30, 1977 submitted ................ . 7—A & H Development Inc. requesting vacation and disposal in ac- 556 cess street running from Roosevelt St. westerly in Peil's Sub. 21 —Architect, authorizing hiring 563 of same for future use of Trenkle Property.................... I............................ 21— Audit, Financial, for Transit System for period of July 1, 1976 to 578 June 30, 1977 submitted ..................... . 578 2] —Automobiles, Parking and Storing of same in R District....... 581.618 21—Airport Commission requesting to purchase snow removal equipment................................................ " 21— Amending Budget for fiscal year 1978 " 585 ............... 21— Advisory Commission requesting number of public hearings be held by the City Council to 593 provide citizen input regarding 561 Freeway and Dubuque Wisconsin Bridge .................... Dec. 5—Admiral Sheehy Drive, Navy League recommending 594 road be tween Schmitt Memorial Marker and Schmitt Harbor be same ................ named 5—A. Y. McDonald Mfg. Co. in favor of no more than 5 minutes lime at railroad crossings ........................... 603wailing 604 INDEX -BOOK 107_ 1977 SUBJECT Page " 5— Affirmative Action Program, City Manager suhmilting same. 604 " 5— American LaFrance awarded bid for Fire Apparatus.......... 604 5— Ambulance Rids, proof of publication ........................ 604 " 5— Annual Report of Actual Use of General Revenue and Antire- cession Fiscal Assistance Funds, proof of publication.......... 607 " 5—Anderson. Evelyn A., granted Liquor Licensee ................ 610 " 19-- Arbor Oaks. Notice of Appeal by Iowa Northwestern Develop- ment Co., regarding denial of plat for same ................... 617 19—Adams. Gregory J., Jeffrey T. Maggio, Terry Steiner granted Cigarette and Liquor Licenses .............................. 627.628 ff__ INDEX —BOOK 107 1977 SUBJECT _--rage B Jan. 3— Brady, James F., appointed Mayor Pro Tem .................. " 3—Black History Day, Week or Month, Emanuel Pieterson Histori- 1 cal Society requesting same........... . 3.88 " 3—Birch Acres on Fremont, D.E.Q. submitting sewer construction permitfor same ............................... ........... . 3 4 " 3— Birch, Marshall, refund on Cigarette Permit .................. " 3—Barton, Richard J., refund on Cigarette Permit ............... 4 3—Bailey, Edward, refund on Cigarette Permit. & Liquor License. 4,62 " 3—Bradley, Donald F., granted Cigarette Permit & Liquor Li- cense...............................................7.198.390. 628 " 17—BUS OPERATORS Exams conducted on January 12, 1977, re- sults submitted by Civil Service Commission ................. 11,247 " 17—Bartman, Theodore C., refund on unexpired Cigarette & Liquor License.................... .... ...... .............. 15.98 " 17—Becker, Marie Bertha, granted Beer -Liquor License and Cig- arette License .......................................... 33.111,325 " 17 —Burke. Josephine, granted Beer -Liquor License .............. 33 Feb. 7—Boundary Changes, City Development Board, submitting a manual clarifying the process of corporate same .............. 43 " 7—Bast, Art, Notice of property damage claim .................. 45 " 7—Berberich, Ed, relative to Unit Pricing ....................... 62 " 7—Bonds, Streets, providing for issuance of same to pay for as- sessed cost of Jackson St. from 22nd St. to Diamond St........ 81 " 7—Bonds, Streets, providing for issuance of same to pay for as- sessed cost of Jackson St. from 12th St. to 22nd St............ 69 " 7—Bleile, Gary, granted Cigarette & Beer Permit & Refunds... 84, 8,5, 487 " 7—BUDGET Recommendations for Fiscal Year 1978 and estimate for Fiscal Year 1979 submitted by City Manager .............. 86 " 21—Bicentennial paintings by Licciardi, Art Assn. to be custodian of same..... ....................................... 88 " 21— Beecher, Richard, denial of car damage claim ................. 91 " 21—Blake, Ambrose, Notice of car damage claim .................. 91 " 21—Baker, Virginia Ann granted Cigarette and Beer License... 111, 324, 445 " 25—BUDGET, Setting date for public hearing ................ 115. 117, 139 " 25—Building Construction Codes with particular reference to water mains and laterals to be examined ........................... 116 Mar. 10—BUDGET for Fiscal Year ending June 30,1978 adopted........ 117, 133 " 10—Burlington Northern Railroad, relative to lease with Dock Com- mission & Robert Kehl.. ....... ...... ....... 124 " 10—Brant, Carl N., granted Liquor License & Cigarette License & Refunds........................... ................132.324.463 " 21—"Basketball Recognition Week", March 21, 1977 .............. 134 " 21—Bastian, Sue, relative to W.R.A. situation with Men's Recrea. tion Ass'n................................................ 134 " 21—Brashaw, Clair, appointed to Heating, Ventilating, Air-condi- tioning and Ref. Bd... ......... .... .............. 135 " 21—Bush, Robert K. appointed to Heating, Ventilating, Air -condi. tioning and Ref. Bd... ...................... .. 135 " 21—Brady, Councilman, relative to target areas for Loan & Grant Program .............. ................ 146 Apr. 4—Berger, Daniel, relative to freeze-up of sewer line near home at 1279 Thomas Place ........................................ " 18—Blackburn, Carl Joseph Aetna Casualty & Surety Company, 150.176 Sidewalk Construction Bond submitted............ " 177 18—Beverly Pines, Charles D. Spahn requesting annexation of por. tion...................................................... " 18—Bertsch, Attorney, relative to leasing of West side of Dove Har. 186 bor by Conti -Carriers ................ . " 18—Breitbach, Timothy, acquiring land from same for Avon Park.. 193,265 May 2—BUDGET, as to the proposed use of Revenue Sharing Funds, proof of publication .................. 2—Burgess, Fred, objecting to rezoningof Equestrian 206 Heights.... 2—Boards and Commissions to meet at least once a month at 4:00 206 P.M.orlater .............................................. 212 INDEX -BOOK 107 1977 SUBJECT Page " 2—Bowman, Dwaine D., granted Beer Permit and Cigarette Li- cense ... ................. .. ........ ....... ..219,243,326 " 2 — Risping, Herbert F., granted Beer Permit & Cigarette License. 219, 396 16 —"Burglary Prevention Month" June, 1977 .................... 221 16—Boardman, Kay requesting help and relief from cat nuisance... 221 16 — Bar X Inc.. granted Liquor License & Cigarette License....... 244,325 26—Behlmer, Wilbur appointed to Board of Heating. Ventilating, Air -Conditioning and Refrigeration ......................... 246 June 6— Blosch, Carl, Sidewalk Construction Bond submitted.......... 254 " 6 — Rocek, James, Notice of car damage claim. By Henry Voelsl.... 254,402 6 — BUDGET, amending FY'77 and fixing date of hearing......... 271,306 6—Beecher Oil Co. granted Cigarette Licensps and Beer Permits 121 ....................................................283,285,423 6 — Hillikas. William H., granted Cigarette License & Liquor Li- 283.501 cense. ................................................... " 6—Birch Oil Co. Inc., granted Cigarette License & Refund........ 283,463 " 6 — Beidler. Dave, granted Cigarette License and refund.......... 284,306 6 — Big G Steak House Inc. granted Cigarette License & Beer Per mit. .. ............. 6 — Burger King granted Cigarette License ...................... 284,544 284 " 6— Blakeman. Ron, granted Cigarette License & Liquor License... 284,327 6—Board of Health, City Council as act as same for City of Dubu• 287 ........................... " Willa, to more housing for larger families need 15— Basten. relative 289 ed... .................................... 20 — Board of Health Meeting........... ................ . 20—Bieberman. Louise, petitioning for suspension of taxes........ 290 294 20— Bodish, Ann, petitioning for suspension for taxes ............. 294 294 20 — Bradley, Helen M.. petitioning for suspension of taxes......... Ad' fitment James H. Richard resigning from ni 20 — Board of Zong )u• 294 same.................................... I................ 20—Birch Acres, Planning & Zoning approving portion of same..... 299,375 20— Baumhover, Dennis, rezoning request ............. . • • • • 301, 375 20 — BONDS, Parking Facilities Revenue, fixing a date for the initia- tion of proceedings for same ........................ . 311.346, 398, 433 20—Bastian, Jack granted Cigarette License & Liquor License..... 324,529 20—Brown Publishing, William C., granted Cigarette License...... 324 anted Cigarette License ................. 325 20—Bauer, Daniel W.. gr g 20—Baum, William J., granted Cigarette License & Liquor License 501, 511 & Refund ........................................... 20 — Bleile, Gary L., granted Cigarette License.... • , . • . • • • • • • • • • • 325 20— RPOE granted Cigarette License & Liquor License......... • . 326,611 2U —Broughton, Robert granted Cigarette License ................ 326 20 — Brought o , phine A., granted Cigarette License...... • • • • • • - • 326 330 29— Beauchamp, Helen, appointed to Advisory Commission........ 330 29— Bonnett, Dave appointed to 5 Flags Commission....... . 29— Biasi, George appointed to Historical Preservation Commission. 333 July 5— Bahl, Ida E.. objecting to raising of parking fees.......... . 5—Buses off in nighttime and inaugurate services on Sunday, re 333 quested by Mrs. Lucy Osterhaus............... • • . • • 5— Breitbach, Atty. Donald, representing Pat Klossner, requesting 575, 605 beauticians be allowed in OR -1 zoning .................... 5— Brady, Councilman requesting removal of stop signs at Kerper 337,379 & 16th Streets, to make Kerper Blvd. athru street......•••••. 5 --Bike A•Thon to be held on Sept. 25th, requested by American .. 337.556 Diabetes Assn ............. 5—Bicycle race requested by Dubuque Bicycle Club on Sept. 5th. 338 5 -- Breithach. Atty. Donald, representing Thomas J. and Ruth E. O'Malley, objecting to paving of Wilbur St. and assessment.... 339,481 5—BUDGET, amending proposed amendment for Fiscal Year 1978. 363, 30678 5—Bishop Buffet, Inc., granted Cigarette License ............... 5 _- Book Nook, Inc., granted Cigarette License... • . • • .. • • • • • • • • • 368 18—BUDGET for 5 Flags Civic Center, submitting same.......... 372 p8—. Bowen, Mr. relative to completion of Civic Center ............. 372 18-- Burchell, Mr. relative to completion of Civic Center........... 372 18— BIDDING for Civic Center to for one contract.......... .... 373. 399 INDEX -BOOK 107 SUBJECT page IH— Brady, Councilman suggesting creation of a residential parking sticker in Downtown Residential Districts........... 374 I8—Brady, Councilman. suggesting proposed revision to conditional use permits .......................... 18—Bartmann. All retained by Richard Jasper et ux for accident 375 involving their son ............... 18—Brandt, Alfred granted Cigarette License & Liquor License... 375 396 I —Behnke, Arthur, Notice of Expiration of Right of Redemption on property sold to same ................. 1 —Bartels, Reulin, Notice of Personal injury claim 403 ............... 40;3 1 —"Birch Acres" Planning & Zoning approving rezoning of same. 406, 456 15—Board of Adjustment, Theresa Circiarelli resigning from same. 427 15—Bertsch, Atty., relative to rezoning request by H.R.W. Assoc.. 15—BONDS, Hospital Facility First Mortgage refunding and im 428, 449 provement revenue same to be issued for Finley Hospital.. 428, 468, 488 15—Bartmann, Attorney representing Richard & Dianne Tuthill, Notice of motorcycle claim ................ . 15—Bock, Earl J., objecting to installation of traffic signals at 20th& ElmSt................................ 429 James .lor L s .................. 437 31—Bendt, Elizabeth, in favor of blocking Keyway Dr 446 ............. 6—Building Codes, United Assn. of Journeymen & Apprentices of the Plbg. & Pipe Fitting Industry, 448 urging continuance of en- forcement of same ......................................... 6—Buelow, C. J., relative to proposed Ordinance 454spection requiring City in- prior to sale of real estate .......................... 6—Brown, Robert Henry & Letha Pearl, approving final plat sub- mitted by same ........................... 14— Board of Zoning Adjustment. a sa""""""' appointments 479 14—Britt, Paul L., appointed to Transit to same::::: ::::: 19— Biasi, C. George relative "Buyer 479 479 to Notification Ordinance" , , , , 19—Backes, Jos., appointed to Housing Rehab. Commission........ 3—BONDS, SEWER, providing for issuance of same for W. 32nd St. Sewer ................................................ 5p ersonal ry 514 17—Building Commissionerf Submitting first t draft of Ordinance re commending the establishment of a committee 533 to review hous- ing code standards and enforcement procedures..... , 17— Bradley, Elmer, final plat approved by P & Z , , , , 17— Birkett, Elizabeth B., granted Cigarette Liquor .535 542 and License... 543, 545 17—Blum, Alvin appointed to Housing Rehab. Commission........ i. 7— Briggs, Robert F.. Jr., notice of claim with Iowa Industrial Com- missioner. 545 7— Brand enberg,Moliie,Noticeofsettlement.allowed......., 21 557 —Brady, Councilman, advising of campaign contribution received from Mrs. Kronfeldt....... 557 21 —'Buena Vista Court" Il,ichll approving al plat of same... 21—"Birch Acres" P & Z 575 , ... a'Icht) finaplat portion of same.... 21—BUDGET, amending Fiscal Year 1978.... f 585 587 , 21 — Bid for fire pumper to be rel urned unopened... ... "' . • 593, 607, 5—Building Code Board 616 of Appeal, James A. Schwera resigning from same... , 597 .. , , 19—BRIDGE 19—"Birch Acres" submitted for 605 same....., P & Z approving rezoning on 19 — Building Code, State, a portion of same.... approving 612 619 same to be referred to interest- ed Organizations ............... )9—Bertolini, Angelina A., granted Cigarette and Liquor Licenses. 627. 628 INDEX -BOOK 107 1977 SUBJECT Page Jan, 3—City Council, Regular Session ............................... 1 " 3—City Manager, Gilbert D. Chavenelle appointed same.......... 1 " 3—City Manager advising all employees under his power have been reappointed .......................................... 2 3—Chavenelle, Gilbert D., personal bond submitted .............. 2 3—Council vacancy to be filled by a special election.......... 4, 15, 149-A " 3—Clark, Julia Nell, granted Cigarette Permit & Liquor License.. 7,611 3—Conxett, Wm. A., appointed to Dock Commission ............. 8 " 17—City Council, Special Session ............................... 9 17 — "Chamber of Commerce Appreciation Week" Jan. 24 to 28..... 9 " 17—Civic Center plans submitted ............................... 9 " 17—Council Agenda material to he submitted to Clerk's Office on or before noon on the Wednesday preceeding a scheduled Council Meeting.. ..................................... . • ......• ' " 17 — County Highway Dept. advising vacating portion of Robin Hood 9 Drive.................................................... 10 " 17—Commissioners of Elections submitting results of Annexation Election held on December 28, 1976 ......................... 10 " 17—Civil Service Commission submitting results of BUS OPERA- TORS examinations conducted on January 12,1977 ........... 11,247 17—City Manager relative to Kenneth Palm purchasing certain city property located on the northerly side of Kaufman Ave. just west of Grandview Ave ............. • • • • • " 17—Conti-Carriers and Terminals Inc., relative to leasing of Dove 11 Harbor. . 12. 17 —Claims for month of November. 1976, proof of publication...... 34,186 12 " 17—City Attorney, relative to purchase of real estate in Industrial Island by Thermo King Sales & Services of Dubuque. Inc...... 12,178 17 —Council Proceedings for month of November, 1976, approved as 12 printed.. • ......' ....' " 17—Conditional Use Permit, Planning & Zoning relative to issuance ofsame ................. .......................... 17—City Manager. Ass't., submitting ordinances covering Plumb- 13. 46 ing, Electrical, Heating, Ventilating, Air -Conditioning & Refrig- ........................ eration.......... ........... . 17—Cable Advisory Commission requesting Ordinance establishing 14,47 Commission . ............................................. " Greg to response and negatism from Cable 15 93 17—Cigrand, objecting 15 TV. ..................................................... 17 —Community Development Commission requesting adoption of Community Development Block Grant Budget for FY '78...... 16 17—Community Development Block Grant Projects, requesting re- lease of activity for same. (Rehabilitation and Emergency Home 17 Repairl........... ............ 17 --County-City of Dubuque Authority, dissolved ................ 19,622 17—City Manager, Ass't., relative to purchasing of necessary land in the urban renewal project area by the City for the site of the 19 5 Flags Civic Center ....................................... 17—City of Dubuque RECONSTRUCTION OF JACKSON STREET FROM 22ND ST. TO DIAMOND STREET Complet 30,71 ed........................................ ............... " 17—City of Dubuque RECONSTRUCTION OF JACKSON STREET FROM 12TH TO 22ND STREET completed... • • • • •' 30,63 26—City Council, Special Session ............................... " 26—Conxett, Wm., Dock Commissioner, relative to leasing of Dove 34 Harbor by Conti Carriers ..................... • • • • • • """ 34, 186 35 31 —City Council. Special Session ............................... 31—City Attorney submitting opinion relative to Conflict of Inter- 36 est for former Mayor Alvin E. Lundh........................ 43 Feb. 7City Council, Regular Session ............................... Development Board submitting manual clarifying the pro- 7—City cess of corporate boundary changes .................... permit submitted.... 43 43 " 7 — Cedar fake Addition, water construction INDEX -BOOK 107 1977 SUBJECT _ Page " 7—Church Women United, forming group known as "Transitions ................. 43 to Freedom.. ................... " 7—City Manager submitting reports for month of December, 1976. 44 44 " 7—Claims for month of December, 1976 proof of publication....... " It —City Manager relative to request of Miller and Takos in the mat- ter of land in the 4th St. area ................................ " 7—Council Proceedings for month of Sept., 1976, approved as 44, R9 printed .......................... .... ........ " 7—City Manager, Ass't. submitting matching resolution for Basic 14 Law Enforcement Training......... ................. " 7—CONSTRUCTION OF WASTEWATER TREATMENT FA 83 CILITIES CONTRACT I TERMINAL STREET FORCE MAIN.. ........ ..... ...........................83. 99. 168 " 7—Clancy, Rita granted Liquor I.icense........................ 86 " 17—City Manager submitting BUDGET Recommendation for Fiscal Year 1978 also estimate for Fiscal Year 1979 ................. 86 " 21—City Council, Special Session ............................... R8 " 21—Community Development Commission submitting minutes of their meetings ............. 88, 118,134, 252. 371, 401. 452, 480, 574, 615 " 21—City Manager relative to vacation of portion of Terminal St. for Sinclair Marketing Inc ..................................... 89 " 21—Conditional Use Permit issued to Hillcrest Family Services to operate a group home at 561 Jefferson St .................... 89 " 21—City Manager relative to extension of alley on N. Algona re- quested by Roger Dolan .................................... 89 " 21—City Manager relative to Revenue Sharing Funds expenditures. 90 " 21—City Attorney relative to adult entertainment estahlishments. 94 " 21—Council's Salary, establishing same .......................... 94. 164 " 21—City Engineer recommending installation of sign by Dubuque Yacht Basin ........... .............. .................. 95 " 21—Chicago, Milwaukee, St. Paul & Pacific R.R. requesting quit claim deed for portion of railroad depot property .............. 97 " 21—Colts Drum & Bugle Corps requesting to be designated as Do- buque's Municipal Marching Unit ........................... 97 " 21—CODE OF ORDINANCES, providing for distribution......... 101 " 21—Conzett. Harold & Darlene, requesting annexation of .814 acres in Henschel's Black Forest ................................. 102 " 21—Community Development Block Grant application submitted... 104 " 21—Community Development submitting an application for a Bureau of Outdoor Recreation Grant for development of Avon Park.................................................105, 192.238 " 21 --City Engineer advising of participation with DOT for installa tion of warning signs for railroad crossings ................... 106 " 21—Community Development Director advising of circumstances on property of Joseph & Ruth Siegert relating to proposed North WestArterial ........................ ..... .... ........ 106 " 21—City Manager relative to matching funds for IRM Typewriter and Rotary Card File for Police Department .................. 108 " 21—Cedar Lake Addition, approval of final plat of portion......... 110, 113 " 21 —City Manager relative to plastic pipe for Cedar Lake Addition.. 110 " 25—City Council, Special Session ............................... 113 " 25—City Attorney, relative to using of plastic water pipes in Cedar Lake Addition ............................................ 113 " 25—Code of Ordinances he sold without hinders .................. 116 Mar. 7—City Council, Regular Session ............................... 117 " 10—City Council. Adjourned Regular Session. . ................. 117 " 10— .Chamber of Commerce, relative to proposed budget........... " 117 10—City Manager submitting reports for month of January. 1977... " 119 10—Claims for month of January, proof of publication ............. 119 " 10—Civil Service Commission submitting second list of applicants eligible for appointment to POLICE DEPARTMENT......... " 119 10—Council Proceedings for months of Oct. & Nov. 1976, approved as printed ............................ " 12U 10—Community Development Funds release of same for Emergency Home Repair Project and Washington Toed Library........... 12.1 INDEX -BOOK 107 1977 SUBJECT Page 10—Community Development Funds release of same for Urban Re- newal Project .... ...... ..... ... ................ .... 125 " 10—Community Development Funds release of same for Street Tree Planting and Miscellaneous Public Improvements, includ- ing street, alley hurb repair and replacement ................. 126 " 10—Community Development Block Grant Annual Performance Re- port available ............................................. 128 " 10—CETA, authorizing Mayor to sign contract with same......... 129 " 10—Community Development Director advising that plans for a North Fork Catfish Creek Watershed Project he abandoned... 129, 167 " 12—City Council Adjourned Special Session ...................... 133 " 21—City Council, Special Session ............................... 134 " 21 —City Manager advising of award received from Iowa Develop- ment Commission as result of participation in the 1976 Iowa Community Betterment Program ........................... 135 21—City Manager recommending appointments of Clair Brashaw and Robert K. Rush to Heating, Ventilating, Air-conditioning andRef. Bd............... .. .......................... 135 " 21 —Council Proceedings for month of December, 1976, approved as printed................................................... 135 21—City Manager relative to Mrs. Willard Farr's concern over read- ing water meters .......................................... 136 21—City Manager relative to salary conciliation agreement between the City of Dubuque and Dock Manager Shirley Lang......... 136 " 21—Civic Center Commission to be formed for management for 5 Flags Civic Center.......... .. 137, 228, 247, 297 " 21 —Conti Property -Bell Sl. Property, fencing of the area referred to Dock Commission ......................................... 138 " 21 —City Manager recommending vacating portion of Water Street to Mulgrew Oil Co. as requested ............................ 140 21 —City Manager requesting approval of parking rates for the Lo- amps............. 140. 152, 210 cust. St. & Iowa St. Municipal Parking Ramps.... : ........ " 21—Chan, Homan requesting refund on Beer -Liquor License....... 143 " 21—Civic Center. City granted deeds from 5 Flags Center Fund to construct same............................................. 21 —Community Development Block Grant funds released for Re 143 moval of Architectural barriers project ...................... 145 " 21—City Manager, relative to making application to Iowa DOT for Federal Funding of highway construction projects requiring 147 right-of-way projects ...................................... " Session 149 30—City Council, Special ............................... 149 A Apr. 4 — City Council, Regular Session ............................... 4 —Catfish Creek Bridge Repair on U.S. #52 & U.S. #20, advised by DOT..................................................... " 4—City Manager submitting reports for month of February, 1977. 151 151 " 4—Claims for month of February, 1977, proof of publication....... 151 4—Community Development Commission, requesting Donald to same representing Advisory Commission. 151 Deieh appointment " 4 —Closing time of Parks, opposition to same ................. 165, 178, 231 4—City Manager submitting agreements with Illinois Central Gulf Railroad and Chicago, Milwaukee, St. Paul and Pacific Railroad for construction of force main from the Terminal St. lift station 168 to the Wastewater Treatment Plant ......................... " 4—Chicago. Milwaukee. St. Paul and Pacific Railroad, agreement with same to construct a force main from the Terminal Street 169 Lift Station to the Wastewater Treatment Plans .............. " LIGHTING FROM 9TH STREET TO 4—CENTRAL. AVENUE 169, 188, 213 12TH STREET ........................................ " 4—CONSTRUCTION OF INTERCONNECTION OF 14TH STREET AND THE INTERSECTION OF 16TH & ELM 189, 213 STREETS TO THE C.B.D. SYSTEM....................170, " 4—CONSTRUCTION OF MAIN STREET LIGHTING FROM FIRST STREET TO FOURTH STREET .................... . 171. 191. 203, 213, 224, 272.510, 393. 436 " 14 _City Council, Special Session ........................... • .. ' 175 176 " 18—City Council. Special Session ............................ INDEX -BOOK 107 SUBJECT Page 1977 " 18—Cable TV Commission submitting minutes of their meetings... 176,203 " Use Permits issued for 3485 Windsor, 2900 Jackson, 18—Conditional 1875 University, advised by Zoning Administrator........... . 176 " I8—City Manager relative to sewer line freezing at Daniel Berger 176 residence.. ••••• ........... " 18—Conlon Construction Co., Sidewalk Construction Bond sub. mitted. "" ""' . . " 18—Clemens, Attorney, representing Newt regarding leasing of 177 Dove Harbor ................. .............. " 18—Community Development Director submitting report for devel- 186 opment of proposed Lower Main Street Lighting Project ......191 " 27—City Council, Special Session ............... ........... . " 27—City Attorney submitting proposed form of Agreement of in. 900 demnity to hold Sheriff and Dubuque County, Iowa harmless from claims arising out of deputization of persons for City Parks Airport Facilities ...................................... 200and 203 May 2 —City Council, Regular Session ............................... " 2—City Manager submitting reports for month of March, 1977.... 204 " 2—Claims for month of March, 1977, proof of publication.......... 204 " 2—City Manager commending transfer of Special Assessment Ac counts to the Special Assessment Reserve Account........... 205 " 2—Community Development Block Grant Funds accepted for pro- cessing by Federal Government ............................. 206 " 2—Commissions and Boards to meet at least once a month at 4:00 P.M.orlater ...... ................ ...... .......... 212 " 2—Car)sen, Terry, relative to Northwest Arterial Highway....... 216 " 16—City Council, Special Session ............................... 221 " 16—Corps of Engineers advising of application by Robert Kehl for construction of a building along shore & mooring facilities in the IceHarbor...... ...................................... 221 " 16—Cedar Cross Road, DEQ submitting water main extension per mitfor same .............................................. 221 " 16—Cat Nuisance, Kay Boardman requesting help and relief from same..................................................... 221 " 16—Council Proceedings for month of January, 1977, approved as printed.... ....... .................................. 223 l6—Chamber of Commerce Certificate of Insurance submitted..... 224 " 16—City Manager relative to objections from residents of Sunset Ridge Subd............................................... 224 " 16—Chapman, Thomas V. denial of persona) injury claim.......... 226 " 16—Civic Center Commission establishing same .............. 228, 247, 261 " 16—CONSTRUCTION OF COOPER STREET STEPS........ 239, 262. 309 " 16—CONSTRUCTION OF EXPANSION OF IOWA STREET PARKING RAMP ....... .. ..... ........ ..... 242, 266, 366 " 16—Corner Tap Ltd., granted Cigarette License and Liquor Li- cense ........... ........ ............ ......243.244, 324 " 16—Cremer Grocery Co., granted Beer permit and Cigarette Li- cense.. . 243, 283, 445 " 26—City Council, Special Session ............................... 246 June 1—City Council, Special Session ............................... 249 " l—Contract, approving and providing for the Execution of the Fifth Amendatory same amending Contract No. Iowa 1115 (I.G) by and between the City of Dubuque. Iowa and the United States of America ......................................... 249 " 6—City Council, Regular Session ........................ . ...... 252 " 6—Civil Service Commission, resignations from same............ 253 " 6—City Manager submitting reports for month of April, 1977..... 253 6—Claims for month of April, 1977 proof of publication........... " 253 6—Connections for Water Service, increased .................... 253 " 6—City Employees to live within City Limits requested by Council- man Pregler.............................................. " 262.45. 6—Community Development Block Grant Funds released by pro ject (Removal of Architectural Barriers for An Adult Day Care Center) . ................................................. " 6—Community Development Commission 263 recognizing the West End Neighborhood ........................................ 265 INDEX -BOOK 107 1977 SUBJECT Page 6—City Manager submitting proposed amendments to BUDGET due to employee expense covered by CETA.................. 271 6—Community Development Block Grant Funds, providing for audit of same ............................................. 272 6—Comprehensive Planning Assistance Program, authorizing to enter into contract for same ................................ 272 6—City Manager. Ass't., relative to matching grant from N.E. Ia. Area Crime Commission for Law Enforcement Training....... 275 6—City Manager relative to FAUS funds for signalization of 20th ... .. . ......... ... St. from Central to Elm.. ...... • ...... 277 6—CONSTRUCTION OF ALTA VISTA ST. CURB & GUTTER REPLACEMENT PROJECT FROM KIRKWOOD STREET TO VERNON STREET................................277, 308, 344 6—Cedar Cross Road• providing for improvement of same with a 14 inch stone base and double sealcoat .......................... 279 6—City Manager submitting State Audit report for 7-1-75 to 6-30.76................................................... 282 " 6—CITY OF DUBUQUE 1977 ASPHALT PAVING PROJECT NO. 1.. ........... ........ .............280.338,412.625 " 6—Canfield Hotel, Inc., granted Cigarette License ............... 283 " 6—Carpenter Co. E.R., granted Cigarette License ............... 283 15—City Council, Special Session ............................... 287 15—Community Development approving application and authoriz- ing submission of application for a low -rent housing program. 287, 289 " 15—City Council to act as Board of Health for the City of Dubuque. Iowa.. .............................. 17—City Council, Special Session ............................... 287 289 " 20—City Council, Special Session ............................... 20—Civil Service Commission submitting results of POLICE PRO- 292 MOTIONAL. EXAMS ................................... 20—Civil Service Commission submitting results of FIRE PROMO- 293 TIONAL EXAMS .................. ............... . " 20—City Manager requesting approval to engage O'Connor Brooks 293 & Co. to audit Water Utility and Parking & Sewage Facilities Funds, and State Auditor the balance of financial funds for City for 7-176 to 6.30.77 .....................................294 20—City Manager recommending Thomas Graham be allowed to rent 8th Street Pavilion ..........................•.......•• " 20—City Manager advising city fleet of automobiles to be reduced 295 by fifteen vehicles as recommended at budget time........ 295, 306, 402 20—Community Development Director submitting final report of 295 Landscape Architecture Department of Iowa State University. 20—Conti Carriers & Terminals Inc. claiming damages by reason of 296 agreement with Dubuque Barge and Fleeting Service Co...... " 20—CONSTRUCTION OF 11th St. and Jefferson Park Steps com 307 pleted.................................................... " 20—City Manager submitting resolution authorizing Mayor to sign documents for the FY '76 concerning Title contract closing out VI of Comprehensive Employment and Training Act. (CETA). 310 " 20—City Manager advising of allocations from Public Works Act... 313 20—City Garage, submitting an application for certain funds under Title L of Public Works Employment Act of 1976 for expansion g19 ofsame ................................................. 20—Construction of 17th Street Storm Sewer, submitting an appli- cation for certain funds under Title I of the Public Works Em 315 ployment Act of 1976 for same ............................. . 20—Construction of Edwards Sanitary Sewer Line, authorizing the execution and submission of a I.ocal PuNic Works Capital De- 319 velopment and Investment Program application for same...... " 20 —Construction of RET Sanitary Sewer line, authorizing the Exe- Local Public Works Capital Develop- cution and Submission of a ment and Investment Program Application for same.......... 319 20—City Hall Renovation, authorizing the execution and submission Local Public Works Capital Development and Investment of a Program application for same.... I .......................... JLO INDEX -BOOK 107 SUBJECT Page CONSTRUCTION OF CITY OF DUBUQUE 1977 CURB E 0 — ;i83, PLACEMENT PROJECT .......................... OF PEDESTRIAN CURB RAMPS..... 322, 342, 411 383 20—CONSTRICTION 20—Clark Oil & Refining Corp. granted Cigarette License.........324 20—C.K. of Dubuque, Inc. granted Cigarette License..............24 20—Clark, Mike. granted Cigarette License...................... 20—Crane Enterprise granted Cigarette License & Liquor License. 325, 573 20—Creslanes granted Cigarette License and Liquor License...... 325,327 20—Clancy, 20—Carousel Snack Bar granted Cigarette License...............26 Rita granted Cigarette License ...................... 20—Clarke College granted Cigarette License & Beer Permit...... 326, W 29—City Council, Special Session ............................... 29—City Manager relative to DOT sponsoring program of railroad 3295 improvements throughout Iowa .................... . 329crossing 29—Community Development Commission appointments to same. ........ 330, 501. 545 29—Chambers, Harry appointed to Airport Zoning Commission.... 330 y 4—City Council, Regular Session ............................... 331 5—City Council, Adjourned Regular Session .................... 332 5—Conticarriers and Terminals Inc. requesting to extend the term of their lease dated July 25,1962 to July 24.,1982 .............. 333 5—City Manager submitting reports for department heads for May. 1977 ................................................ 334 5—City Manager recommending denial of request of U of D to post direction signs in the City ......... ......... ............. 334 5—City Manager relative to petition of Mrs. Darlene Gavin con. cerning dogs ............. .............. ................. 334 5—Chicago and Northwestern Transportation Co. relative to rail road crossing accident case of Agnes and Robert Wagner...... 336 5—Coffman, Alva, objecting to assessment of Lowell Street....... 338 5—Cherokee Drive, objecting to paving of same ................. 338 5—Cullen, J.P. & Son Construction Corp. awarded contract for ex pansion of Iowa Street Parking Ramp ....................... 367 " 5—CIVIL SERVICE COMMISSION submitting results of FIRE. DEPARTMENT ENTRANCE EXAMS ............ . ........ 369 " 13—City Council, Special Session ............................... 370 " 18—City Council, Special Session ............................... 371 18—Claims for month of May, 1977, proof of publication............ 372 " 18—Council Proceedings for months of February and March, 1977, approved as printed .. .......... ... .. ......... .. 372 18—Civic Center expected to be completed late Fall 1978 or early part of 1979.... ........ .... .................. 372 " 18—County Extension Director, James Meek, requesting appoint- ment of 3 people to represent City establishing of temporary county land use policy commissions .......................... 373 18—City Manager recommending study for Downtown Urban Re newal Property ........................................... 373 18—City Manager requesting consideration in acquisition of Trenkle property ......................................... 374.425 18—City Manager recommending appointment of Dr. Scott as Med- ical Consultant ............................................. 374 18—City Manager submitting street maintenance payment from DOT for period of July 1, 1977 thru June 30, 1978........... :174 18—Conditional Use Permits, Councilman Brady suggesting pro posedrevision ............................................ 18—City Manager recommending REBID on Curb Replacement Pro- 375 ject...................................................... Development Block Grant project, finding of No 383l8—Community Significant Effect on the Environment for relocation of Fire En gine House l 38 454. 623 18—Conservation Commission approving assistance through the Land and Water Conservation Fund for Avon Park........... 389 18—Community Development Block Grant Funds to be used (or Adult Day Care Project ............................ 390, 490, 505, 540 " 18—CONSTRUCTION OF FIVE. FLAGS CIVIC CE.NTE.R........ ................................................392,399,41'2, 473 INDEX -BOOK 107 1977 SUBJECT Page " 18—CETA authorizing the Mayor to sign a contract for the Admin- istration and Operation of same, under Title Ii of PI, 93-203.... 392 " 18—CONSTRUCTION OF SUNSET RiDGE DRIVE ASPHALT PAVING .......................................... 394. 438. 470.624 " 1S—County Land Ilse Policy, appointments requested for same.... 373 19—City Council, Special Session ............................... 398 " 19—Channer Newman Security Co. and Associates awarded bid for Parking Facilities Revenue Bonds 1977 Series ................ 398 Aug. 1 —City Council, Regular Session ............................... 401 1—City Cars, Councilman Pregler submitting policy decision on useof same ............................................... 402 1 —Carew, Atty. Allan J., representing Mrs. Carl A. Clark, object- ing to widening University Ave ............................. 402 1—Cole, Frederick and Charlotte, settlement of personal injury claim. .... ......... ....... ........ ..... ... . 403 " 1—Cherioli, Hugh et ux, purchasing portion of 16 foot wide alley from N.P.L. of Putnam Street to S.P.L. of 28th Street......... 405 1—City Manager advising of transfer of CDBGF from Urban Re- newal Land Project Iowa R-15 Land Purchase to Program Ad- ministration Fund .... .... ............. ... .. .. 415 1 —Comiskey Park Tennis Court Reconstruction Project, directing transfer of CDBGF from Comiskey Park Improvement Project tosame .................................................. " 1—Computer Consulting Service, Inc., authorizing execution of a 416 contract with same........... 1—City Manager submitting agreement between City and Ia. DOT 419 relating to paving of South Locust from Railroad Avenue to DodgeStreet ............................................. 1—CONSTRUCTION OF 20TH ST. TRAFFIC SIGNALS FROM 420 CENTRAL AVE. TO ELM ST........... .... 421. 436, 470 " 1— Church of Nativity granted Beer Permit and refund........... 423,511 1 —Civil Service Commission submitting results of POLICE DE- PARTMENT EXAMS ..................................... 1—City Manager requesting to discuss purchase & sale of real 424 estate .................................................... 15—City Council, Special Session ............................... 425 426 427 15—Cieciarelli. Theresa, resigning from Board of Adjustment...... " 15—City Manager submitting reports of Department Heads for 427 June,1977.. ................... " 15—Claims forJune, 1977, proof of publication .................... 427 15—City Manager recommending denial of petition of Jerry Gehrke 428 et ux requesting vacation of portion of Wilderness Road....... 15—Clarke-Loral Homecoming Committee requesting homecoming 432 parade on October 8th ..................................... " 15—Carieton, Terry L. et al, requesting Flora Pool stay open rather than closing for hour at 5.00 Y -M............ ............. . " 15—City Manager directed not to enter into negotiations or sale of 433 Industrial Property until policy with reference to Freeway has 438 been established .......................................... 15—City Attorney recommending sale of Easterly 123 feet of Lots 440 17 & 18 in Jaeger's Subd. to Robert N. and M. Regina Defendi. 15—City Solicitor directed to commence Eminent Domain Proceed 446, 478 ings on Trenkle Property ..........................•••••• 447 23—City Council, Special Session ........................... • • • • 448 31—City Council. special Session .............................. . " 31—City Manager submitting capability to finance report for recon 449 struction of Kennedy Road ................................. 451 Sept. 5City Council. Regular Session .............................. . 452 6—City Council, Adjourned Regular Session .................... 6—Conzett, Wm. A., representing Robert Walser, requesting vara 11th & 12th bounded by Jackson. Wash tion of alley between 453 ington,IIth & 12th Sts ................................... Commission submitting results of GARAGE AU 6—Civil Service TOMOTIVE MECHANICS Exams ....................... results of HEATING IN 453 6—Civil Service Commission submitting 45.1 SPECTOR I Exams ....................................... . INDEX -BOOK 107 SUBJECT __.__ ' "F` 6—Council Proceedings for month of April, 1977• approved as 454 printed.. .......... . 6—City Manager 4ubmitting reports of Department Heads for Ju 454 ly, 1977 .................................................. 6—Claims for month of July. 1977, proof of publication.... , ....... 454 6—City Manager submitting Audits for Iowa Parking Facilities 455 and the Municipal Sewage Disposal Works and Facilities...... 455 6—City Manager submitting "Agricultural Land Tax Credits".... 6—City Manager recommending vacating portion of Ruth St. to Wm. Meyers ............... ....... ...... . 6—City Manager submitting agreement between Police Depart- 455 ment and ASAP.. • 455 6—City Attorney to receive additional funds for Finley Hospital BondIssue ............................................... 463 6—City Manager submitting Street Finance Report for period of June 30, 1976 to June 30,1977 ............................... 464 6—City Manager approving Patrol Investigator Program......... 466 6—Community Development recommending cancellation of public hearing relative to application of 100 housing units, rejected... 467 6—Construction of TENNIS COURTS AT FLORA PARK........ 469.520 6—City Hall Improvements approved .......................... 469,493 12—City Council, Special Session.. ..................... . 478 12—City Manager to negotiate with Mr. Staley of Integra -Built Inc. to develop option agreement relating to Downtown Urban Re newalLand ... ........................................... 478 14—City Council, Special Session ............................... 479 14—Civil Service Commission. Carolyn Farrell resigning from same. 479 14 -Civil Service Commission, appointmentments to same......... 479, 501 14—County Land Use Policy Commission, appointments to same... 479 14—Cyberski, Charles appointed to Cable Commission............ 479 14—Conlon, Marna appointed to Youth Services Board............ 479 19—City Council, Adjourned Regular Session .................... 480 19—"Car Free Day' Sept. 29th ................................. 48f1 19—Civil Service Commission submitting results of Exams for POLICE DEPARTMENT .................................. 481 19—City's Annual Financial Report ending June 30, 1977, proof of publication. .............................................. 481 19—City Youth Commission, requesting formation of same........ 486 19—CONSTRUCTION OF INTERCEPTOR SANITARY SEWERS. 492 19—CITY HALL WINDOWS REPLACED .............. 493. 517, 5,95. 547 19—CONSTRUCTION OF SEVENTEENTH STREET STORM SEWER .............. .........494. 519,539 19—CONSTRUCTION OF WEST 32ND STREET SANITARY SEWER... 495,512 19—Callan, Henry L. & Lois requesting annexation of portion of "Henschel's Black Forest.............. • , , , , , , , , , , • 19—CONSTRUCTION OF 12" Fremont Water Main & 16" Cedar 496 Cross Water Mains ........................................ 498.516 19—CONSTRUCTION OF SCHMITT HARBOR MUNICIPAL. BOAT RAMP.. ...................... 499, 524, 3—City Council, Regular Session 535, 568 ...................... • 3—Conditional Use Permits granted for E. 22nd St., Asbury Rd. 503 and Broadway and Hill St ................... 3—Cable Commission advising that Donald R. Abitz is unable to ac- 503 cept appointment ................. 3—Claims for month of August, 1977, proof of publication......... 504 3—City Manager advising speed signs to be posted on J.F.K. Road. 505 505 3—City Attorney authorizing to file notice of appeal relative to an. nexation. ................................................ 3—CONSTRUCTION OF EXPANSION 505 OF CITY GARAGE.. 523, 3—City Manager relative to location design 535. 553 and public hearing for Kennedy Road widening project from Highway #1120 to Asbury, 17—City Council, Special Session.......... 525 17—Council Proceedings for month of May, 1977, approved as printed ................ 5. pit 531 INDEX -BOOK 107 1977 SUBJECT Page " 17—City Manager relative to Downtown Assn. request for back- ground music ... ................... .......... ... .... 532 " 17—City Manager submitting reports of Department Heads for August, 1977 ...... ............... ..................... 532 " 17—City Manager relative to requests of Duccinni and Fuerst for vacation of portion of Roosevelt Street ...................... 532 " 17—Community Development Commission advising Ron Hixon no longer resident of W. IIth St. Neighborhood ................. 533 " 17 — City Solicitor to check on Beer & Liquor Law, "R" & "X" Rated Movies....... .................................. 594 " 17—Cronin, Mrs. Robert F. requesting stop sign at corner of Gold Street and Merchants Lane........... ....... .. 535 " 17—City Manager requesting to present update on Public Works Project................................................... 535 " 17—City Manager to continue negotiations on Trenkle Property, Hampton Property and N.E. Iowa Development Property..... 545 " 21—City Council. Special Session ............................... 546 " 21—CANVASS, of Primary Election held Oct. 18, submitted....... 546 " 31 —City Council, Special Session.... ....... .......... ..... 549 " 31 —Cullen and Son Construction, award contract for Municipal Gar- ageAddition .............................................. 554 554 " 31—CETA, approving program ................................. 555 Nov. 7 —City Council, Regular Session ............................... " 7— "Children With Learning Disabilities Week" Nov. 6 thru 12, ... 555 " 7—City Assessor submitting stipulations of settlement agreed upon by Fischer Realty and Fischer & Co. Inc. on Fischer Bldg. & Arcade Bldg.. 556 " 7—City Manager submitting Financial Audit for Water Depart- ment for period of 7.1.76 to 6-30-77 ........................... 556 " 7—City Manager submitting Department Head reports for month ofSept. 1977 .............................................. " 7 — Claims for month of Sept. 1977, proof of publication........... 5.56 556 " 7—CONSTRUCTION OF THE SOUTH FORK SANITARY IN- TERCEPTOR SANITARY SEWER ........................ 569-589 " 21—City Council, Special Session ............................... " 21—Clemens, Gloria, relative to allowing beauticians in OR -1 Zoning. 575 " 21 —Council Proceedings for month of June, 1977, approved as printed ....... ............... ........ j 21—CANVASS for General Election held Nov. 8, 1977, results sub• 576 ;~ mitted................................................... " 21—City Manager submitting Department Head reports for month 576 ofOct. 1977 ............................................... " 21 —City Manager approving petitions of Sacred Heart Church and 577 Sherryl E. Peterson allowing traffic lights at Windsor and E. ' 22nd St .............. " 21— City Manager recommending appointment of James C. Davis to 577 577 Plbg. Board ............................................... " 21 — County -City Authority, appointments to same...... • • • • • • • . ' ' 577 578 " 21—City Manager relative to use of Trenkle Property ............. " vacation of portion of Lexington St. 584 21— Combs. John E., requesting " 21—City Manager relative to expenditure of Anti recessionary and General Revenue Sharing Funds .... ............. • • • • • .."' 593 598 " 21—City Council, Special Session, (6:30 P.M.) ..................... 599 29—City Council, Special Session ............................... 603 Dec. 5—City Council, Regular Session ............................... " 5—City Manager submitting Affirmative Action Program........ 604 " 5—City Manager submitting Water Dept, report for October, 1977. 604 605 " 5—Claims for month of Oct. 1977, proof of publication............ " 5— City Manager relative to use of Revenue Sharing Funds....... 6602 " 19—City Council, Special Session ............................... " 19—City Manager submitting alternatives received from DOT con cerningFreeway ..................................... ,,, , " results of ELECTRICAI. INSPEC 814 19—Civil Service submitting 616 TOR I F:xum%......................................... " 19 ("it,v Manager recommending public hearing he held on suspen- 616 %ion of liquor license for Wm. Lammer d hla The Ritz Lounge. INDEX -BOOK 107 1977 SUR.IFCT 14—Community Development Block Grant Funds to be transferred 62:4to "Operation Paintbrush" Project ......................... . 19—City Attorney recommending to repurchase Block 14, Ilubuque 6 29 Downtown Plaza from R. Hampton Co.. Inc ................... 19—City Manager directed to prepare documents and advertise re maining proposals for Urban Renewal Property (NOT AP Will PROVED) ............................................... . INDEX -BOOK 107 1977 SUBJECT Page Jan. 3—Dub. Bank & Trust Co. named depository ................... 2 " 3—DOT commending for increased planning & construction of Freeway 520 .............................................. 3 " 3 — D.E.Q. submitting sewer construction permit for Birch Acres on ... .... ... ... .. Fremont. ... 3 " 3—Dolan, Donald D. &Masako, notice of personal injury claim.... 4 " 3—Dix, Wm. J. and David H. Hoffman granted Cigarette Permit & Liquor License..........................................7. 8.325 " 3—Dock Commission, appointments to same .................... 8 " 17 — Dock Commission submitting minutes of their meetings...... . ........ 91 M. 118, 150, 176, 221, 252, 292.371, 401, 426, 452, 503, 531, 555 17—Dubuque Chips Inc., Sydney E. Miller, by Takos Realty re- questing to purchase Market Square ................ 11.44.8.9, 229, 258 " 17 — Dove Harbor, relative to ContiCarriers and Terminals Inc. pur- chasing same.. ...... ............... .... ... 12, 34, 186 " 17 — Dubuque Yacht Basin requesting to construct sign in the medi- an of Kerper Blvd. corner of 16th Street ..................... 14.95 17—Daugherty, Wm. requesting stop sign at Walnut & W. 11th Sts. 15, 122 " 17—Dissolution of County -City of Dubuque Authority ............. 19.622 " 26—Dock Commissioners, relative to leasing of Dove Harbor by .... .. ........... Conti -Carriers ............. ....... ...... 34 Feb. 7—Dubuque Metropolitan Area Transportation Study (DMATS) submitting minutes of meetings ...................... 43,118, 150, 203 7 — Development Board, City, submitting manual clarifying the pro- cess of corporate boundary changes .............. 43 " 7—DEQ submitting water construction permits for McClain Subd. and Cedar Lake Addn..................................... 43 " 7—Dodge Street from Bluff St. to Devon Dr., establishing speed limiton same....... .. .. ........................... 61 " 7—Dillon, Pat, relative to Unit Pricing .. ...................... 62 " 7—Duehr, Genevieve of TOPS Clubs, objecting to fee increases at Allison -Henderson Building ................................ 62 " 7—Dolan, Roger, requesting extension of alley on 1800 block of N. Algona................................................... 62.89 " 7 — DOT and City, approving AGREEMENT with same relating to grant offer to pay the State's share of Master Plan Study for the Dubuque MUNICIPAL AIRPORT .......................... 86 21—DEQ submitting permits of Wastewater Treatment Plant and Hansel Industrial Park ..................................... 88 " 21—DEQ acknowledging Wastewater Treatment Facility Progress Report.. 89,204 21—Dubuque Plumbing & Heating Co., General Liability Policy sub- mitted. ......... ............ ... .................. 89 21 -- Dearborn, Ray, Notice of personal injury claim ............... 91 " 21 —Decker. Jeffrey J., accident with Pamela Lightfoot, Economy Fire & Casualty Co., submitting notice of claim ............... 91 21—Dunn, Edna. relative to XXX Theatres, and requesting Zoning Ordinance governing same ................................. 94 21—Dubuque Ambassadors submitting entry in Iowa Community Betterment competition ................................... 97 21—DOT, City Engineer advising of participation with same for in- stallation of warning signs for railroad crossings .............. 106 21 —Dock Board approving lease and agreement between Commis- sion and Dubuque Sand & Gravel Co ......................... 110.124 21— Dock Board approving lease and agreement. between Commis• sion and Robert's River Rides Inc. and Robert Kehl........ 111, 124, 138 Mar. 10—DEQ submitting water supply inspection report and Water Main Extension Permit and 0ewer Extension Permit for Met tel Byrne Addn.......................................... . 118 It) --Duhuque'Stone Products Co., General Liability Policy submit led. ........................... 11q 10--Deich, Donald E., requesting consideration not to raise 12C Downtown Parking Fees ................................... INDEX -BOOK 107 1977 SUBJECT Page 10—Dorweiler. Delos objecting to rezoning of Block 21A in Key KnollsSub ............................ . .................. 122 " 10—Dubuque Marina, Inc., granted Beer Permit .................. 131 " 21—Dock Manager Lang agreeing salary conciliation with City..... 136 " 21—Dubuque County Ass'n. for Retarded Citizens Inc. requesting to block off Main St. between 4th & 5th Streets for display....... 137 " 21—DOT, making application with same for Federal Funding of highway construction projects requiring right -of way purchase. 147 " 21—Dubuque Ambassadors as sponsors for the 1977 Iowa Commu nity Betterment Program .................................. 147 21— Deich, Don, requesting City consider charging a fee for dumping sewage into the Sanitary Sewer pumping station at Terminal St. by septic tank contractors .. .. .. ........ ..... 148 Apr. 4—DOT advising of Catfish Creek Bridge Repair on IIS 52 and US 20 ....................................................... 4—DEQ issuing construction permit for construction of sanitary 151 sewer to Robert Kehl ...................................... 151 4—Deich. Don, be appointed Community Development Comm..... 151 4—Diverters on Washington Street, relative to same ............. 152.252 4—"District Regulations, Applications for same," Ordinance pro viding for ................................................ 4—Deich, Don, relative to early closing of parks ................. 162.207 165 4—D.A.V, requesting to conduct a Forget -Me -Not Drive.......... 165 4—Dubuque Craft League requiring use of Washington Park to conduct invitational art and craft show ...................... 165 4—Dock Commission submitting proposed lease and agreement with the Dubuque Barge and Fleeting Company .............. 172, " 186 4— Dubuque Barge & Fleeting Company. Dock Commission approv. Ing lease and agreement with same ..................... 172, 4—Dock Commission approving plans as submitted by Interstate . . . . . 186 Power Co. for expansion of Whittier Street, line crossing muni cipal property............ .......... 4—Dubuque Yacht Basil) Inc. granted Cigarette and Liquor Li- 172 cense ............... ...........172,174,:196 18—DEQ submitting inspection report of Wastewater Treatment Facility. ...... IR—DEQ advising of change in material standard required for public 177 water supply projects using polyvinyl chloride (PVC.) pressure pipe. ........... 18—Dorweiler, Delos, requesting Noise Ordinance enforcement.... May 2—DEQ submitting water 111 186 main extension permit for Richards Road ............... ., 2—Dueland, Ronald et al objecting to construction of sanitary sew er on Sunset Ridge ................. 204 2— DeWay, Larry, relative to production of movie F.I.S.T......... 2—Downtown Assn. requesting to sell food in Town Clock area on May 7th.... 204 ...... 2—Downtown Ass'n. requesting to conduct annual garage sale on May 21st in Town Clock Plaza.......... 212 . 2—Dittemore, Dan relative to selection of alignment alternatives for the Northwest Arterial 212 ............ . 16—DEQ submitting water main extension permit for Cedar Cross Road.... 215 16—Dubuque County Assn. for Mental Health requesting Council's favorable concensus toward their 221 organization by voting in fa vor of their budget request, 16—Duscher, Mrs. Lavon request for reclassifying Lot 34 of ew 221 " 16—ODoek Commission rd ati edto Richard Kieffer's 222 request for boat ing public .............................. 18—Dubuque Ambassadors advising of check 223 received and request •, e Transit Board 16—Diltemore, Danto ,hs ...... submitting report on reconstruction of the Madison St. " 223 18—Dubuque Chips, Inc., agreement and lease covering certain city owned real estate............ `d23 ............................. 229 INDEX -BOOK 107 1977 SUBJECT Page 16—Dittemore. Dan, advising of approval of funds for third year Community Development Block Grant Program .............. 236 16—Dittemore, Dan, advising of completion of Adult Day Care acti- vity...................................................... 237 " 16—Dittemore. Dan, advising of application for Federal Assistance for Avon Park .................. .............. ... 238 16—Dittemore. Dan, advising of revised contract for the Section 8 Existing Housing Assistance Payments Program....... ..... 241 16—Dubuque Golf & Country Club granted Liquor License........ 244 " 16—D.R.Q. granted Liquor License & Cigarette License........... 244,368 June 6—Dubuque Community Schools Transportation, Notice of per sonal property claim ....................................... 254 " 6—DOT, three year street. construction program submitted to same... ....... ........ ......I........................ 276 6— Dubuque Packing Co. granted Cigarette License & Beer Permit. 283, 423 " 6—Dunne, William F.. granted Cigarette License ................ 284 " 20—DEQ issuing water main and sanitary sewer construction per- mits for Asbury Springs Sub. 4 ............................. 20 — Dog Ordinance enforcement, Darlene Gavin relative to same... 292 293 20—Donovan. Blanche, petitioning for suspension of taxes......... 294 " 20—Dubuque Municipal Airport granted Cigarette License........ 324 " 20 — Donut Hut Ltd. granted Cigarette License. 121 ................ 324 " 20 --Dubuque Mining Co. granted Cigarette License .............. 324 " 20—Dittmar. Rudolph granted Cigarette License ................. 325 " 20 —Dodge House Motel granted Cigarette License ............... 325 20 — Donovan. Melvin L., granted Cigarette License ............... 325 325 20—Dunbar. J. D., granted Cigarette License .................... " 20— Design Center inc., granted Cigarette License (2) & Liquor Li- cense ... .......... ....... ....... ........... 325,628 . .. .... ... ... " 20— Dubuque Golf & Country Club granted Cigarette License...... 325 " 20—Dubuque Marina, inc., granted Cigarette License ............. 326 20— DOT sponsoring program of railroad crossing improvements... 329 July 5—DEQ submitting water construction permits for Equestrian Heights, Highland Park Estates and Arbor Oaks Block 7....... 332 " 5—Diabetes. American Assn.. requesting to conduct Bike-A-Thon onSept. 25th ............................................. 337 5—Dubuque Bicycle Club requesting bicycle race on Sept. 5th..... 338,556 5—Davis Ave., requesting not to pave same until it can be widened. W. 339 5—DAVIS AVE. deleted from City of Dubuque 1977 Asphalt Pav- ingProject No. 1 ................................ ..... . " 5— DOT, submitting agreement authorizing use of FADS Funds for land acquisition for right-of-way (Siegert Farms) .............. 963 " 5—Dolter's Food Inc., granted Cigarette License ................ water main extension permit for Timber Ridge 368 18 — DEQ submitting 371 Subd..................................................... " 18—Dubuque Area Development Assn. (DADAI requesting partici- pation from the City for market study of the Downtown Area. 373, 585. 599 " 18—DOT submitting street maintenance payment for July 1, 1977 374 thru June 30. 1978 ......................................... " 18— Dix. Marilyn K.. Notice of car damage claim .................. :175 18—Decker, Jeffrey Joseph, Notice of car accident, by Pamela and Dale Light foot ............................................ 18 --Dell, Dorothy objecting to widening of University Ave........ 37' 382 18-- DOT submitting agreement for FADS Funds for signalization of 944 20th Street from Central to Elm ............................ 397 " 18—Deputy City Clerk, Mary A, Davis appointed same............ 401, 452, 503 Aug. 1 — DMATS submitting minutes of meetings ................. 1 — Duhuque Supply Co. relative to period lighting on Main Street between lsl&4th Street ................................... " i --DOT, execution of agreement between City and Same rPIatlOg 409 to the paving of South Locust from Railroad Avenue to Dodge 421 Street................ .............................. " 15 Dubuque County Engineer advising of public hearing on vacs 426 tion of Garnet Avenue .................................... . INDEX -BOOK 107 SUBJECT _ Page " 15—DEQ issuing water main extension construction permits to Ter race Estates. Stone Hill Community Block 6 Phase I and Lots 30-53 in Hawkeye Estates .................................. 15—Deich, Donald E., requesting traffic stop signs on White St. 427 north and south at 26th St......... ................... 433 15—Duggan, Tim relative to Main Street Lighting ................ 136 15—Defendi, Robert N. and M. Regina, approving sale of Easterly 123 feet of Lots 17 & 18 of Jaeger's Subd. to same ............. I all " 31—Dorweiler, Delos A.. submitting purchase agreement to Attv. Bertsch for all property owners needed for Kennedy Rd. widen ing (excluding 2105 Kennedy Rd.t........................... 4.19 pt. 6—"Dubuque Symphony Orchestra Week" Sept. 11th thru 17th... 452 6—DEQ submitting water main extension construction permit for Theisen Addition .......................................... 452 6—Dubuque Electric Motor Service, requesting to purchase Lot 2 of Lot 4 of Block I of Industrial Island............ 453.478.,%0. 526, 541 6—Doyle, James J.. by Dubuque Bank & Trust Co., Notice of prop erty damage claim ... ..................................... 456 6—Dubuque Women's Club requesting to close Alpine St.. for Picket Fence Show ........................................ 462 6 — Dorothy, Bob, relative to land available in Industrial Island com plex. .... ..... ...... ....... ........................ 478 19—"Diabetes Bike Ride Day" Sept. 25th ........................ 480 19—DEQ submitting water main extension construction permit for Knob Hill...... ... .... .................. 480 19— Dumping by roadside, Advisory Commission relative to same.. 480 19— DUBIIQUE DISPOSAL, renewing option with City for City Car age Building ......... ............. ...... ......... 481 19—Derhy, Mark requesting formation of City Youth Commission. 486 19—Deich, Don. requesting formation of City Youth Commission... 486 19—Downtown Assn. requesting to install background music sys tem for the Plaza......................................487, 532, 582 3—Dock Commission to investigate property for parking of Rob. ert's River Rides .......................................... W3 3—DEQ submitting water main extension construction permit for AquinSt_ ................................................ 3—DFQ submitting inspection report for Wastewater Treatment 504 Plant, recommending deficiencies be corrected... 504, 592, 555, 578, 3—Duccinni, John W. requesting vacation and purchase of vacated 616 portion of Roosevelt St. abutting Lots 75 & 77 ................ 511, `x.32 3—Dorweiler, Delos A. requesting J.F.K. Rd. be blocked off with barrels at 2105 Kennedy Rd ................................ 511 3—DOT, application with same for widening Kennedy Road from Highway x20 to Asbury Road ............................... 525 17 — "Dubuque Girls Club Week" Oct. 30 to Nov. 5 ................. 531 17—Dock Commission, Wayne Moldenhauer resigning from same.. 531 17—DEQ submitting construction permit for 5 Flags Sewer and Water Relocation Extension ..................... 61;31 17—Dubuque Chapter of National Federation of the Blind of Iowa disapproving of fund raising program as requested previously. 17—Dubuque Area Sheltered Workshop, 533 transferring CDBGF to same..................................................... il—Dunphy, Fire Chief requesting to go to bid for new modular 540 type ambulance ................... 7—Dubuque County Auditor ,5.54 advising of sale of various County owned properties within the City ........................... 7—Durrant Croup Inc., relative to expansion of Library Building. 21— DEQ submitting construction permit for RET Corp. 557 564 and South Fork Interceptor Sewers......... . . . . . . 21—Davis, James C., appointed to Plhg. Board 576 .............. 21—Dubuque Area Development Assn. relative to market potential for shopping center in Urban Renewal 577 Land .................. i85 29—Deich, Don, relative to Advisory Commission 594 proposing public hearings be held by City Council relative to 561 Freeway and Dubuque Wisconsin Bridge. , , , • , • , , 29—Dock Commission, a .. PF mtments to same. 5914 600 INDEX -BOOK 107 1977 SUBJECT Page Dec. 5—DEQ submitting water main extension construction permit to Embassy West ............................................ 603 5—Dubuque Metal Trades Council requesting consideration of their endorsement ......................................... 604 5—Dubuque Twine Co., in favor of no more than 5 minutes waiting time at railroad crossings .................................. 604 5—Deich. Don, of opinion that 1972 Freeway Report is invalid..... 611 5—DOT continuing study on design and location of bridge........ 611 19—DOT. Iowa submitting concept for proposed Freeway 561...... 615 I INDEX -BOOK 107 SUBJECT 3Emanuel Pieterson Historical Society requesting proclamation for Black History Day, Week or Month ....................... :1, AS 3—ELECTION, J. J. Waltz requesting same to fill vacancy on Council.. ....... ..... ....... ...4, 15. ..........,. . .. . ..... 119 A 17—ELECTION RESULTS for ANNEXATION to the City....... In 17—E.C.I.A, advising of availability of Federal Funds for park de velopment................ ............................... 11 17—Electricians' Registration and Electrical Ordinances, amending same.. ....................... ............. ....14, 52. 55 17—Eulgem, Clarence, requesting traffic lights at Hill & Dodge St.. 15 17—ELECTION for Councilman to he held at earliest practicable time....... ... ........ .......... .............15, 149 A 17—Emergency Home Repair for Hill Neighborhood, requesting funds for same ............................................ 17 21—Economy Fire & Casualty Co., subrogation interest between Jeffrey J. Decker and their claimant Pamela Lightfoot........ 91 10—E.C.I.A, advising of City's per capita assessment to he consider edin budget ........ .. .... ....... .................. 119 10—Erschen, Alice granted Liquor License & Cigarette License.... 132.396 10—Eagles, Fraternal Order of, granted Liquor License & Cigarette License, ...... ........... .... ............. . 132, 326 21—Edwards Concrete Contractors, Sidewalk construction bond submitted.. ..... ... ..... .................. 135 21—Easement to the City by Richard Henschel et ux approved..... 146 2—Eleventh St. Neighborhood Assn. relative to First House Tour. 203 2—Eagle Point Park, no incoming vehicles allowed after 10 P.M... 204,231 2—Equestrian Heights, relative to rezoning requested by Swifts. .................................................. 206,241.2.58, 2—Edwards, D. James and Patricia. requesting annexation of por. 270 tions of Table Mound Township ......................... 214, 408, 457 2—Evening Optimist Club granted Beer Permit & Refund........ 219.261 16—"ERA Day in Dubuque, Iowa" May 16, 1977 .................. 221 16—Egelhof Casper Funeral Home General Liability policy submit- ted. ... 18—Excess Castrophe Policy certificate of insurance submitt.ed.. 224 224 16—EXPANSION OF IOWA STREET PARKING RAMP......... 242.266 6—Eska Company granted Cigarette License ................... 28:3 6—Eagles Supermarkets granted Cigarette Licenses 131 & Beer Permit . ......................... LO—Eisenbraun, Rosella, petitioning for suspension of taxes....... `L0—Employees, 284. 572 294 City, objecting to removal of City Vehicles........ 306 20—Expansion for Greenhouse Potting House, authorizing execu- tion and resubmission of local public works capital development and investment program application for same ................ 20—Expansion of City Garage, authorizing execution and resubmis sion of local public works 314, 444 capital development and investment program application for same............ .. 314.443, 529, 20—Expansion of Iowa Street Parking Ramp, submitting an appli 535, 553 cation for certain funds under Title I of the Public Works Em ployment Act of 1976 for same ... . . . ...... . 20—Environmental Review of Certain Public Works Projects, au thorizing same......... 316.447 , 20—Edwards Sanitary Sewer Line, 318 authorizing the execution and submission of a Local Public Works Capital Development and Investment Program application for same.......... . 20—Ellis, Victorina, granted Cigarette License .... . . .. . . . . . . : : :: : l0—Ender, Robert C. granted Cigarette 318 325 License .................. `29—Ellis, Charles appointed to TV Cable Commission 125 325 ............. 5—Equestrian Heights, water construction permit submitted by DEQ.. . 130 . . . . . . . . . 5 — Eddy, Dick, objecting to paving of Cherokee ,132 Dr.. 18—Economic Development Administration, proposal to Cover sub milting of proposal of same 939 for Public Works Project.. , , ...... 1— Existing Housing, approving application for 1001Inils......... 372 420 INDEX -BOOK 107 1977 SUBJECT Page " 1 — Electrical Rates increase, City Attorney to investigate same... 424 " 15—Eminent Domain Proceedings on Trenkle Property, City Solici- tor to start same ....... ... .... ........... ......... 446 Oct. 3—ELECTION, Primary, to he held to fill three council seats..... 527.546 " 21 —"Epilepsy Month" month of November ....................... 546 Nov. 7—"Embassy West" final plat approved ........................ 565 " 21 —ELECTION, GENERAL. Canvass submitted for same........ 576 " 21—E.C.I.A. relative to joining the Regional Housing Authorit.y.... 589, 599 " 29--Fgelhof, Charles L., appointed to Dock Commission........... 600 Dec. 5 — Einck. Rev., invocation given by same ....................... 603 " 5—Embassy West. water main extension construction permit sub- mitted by DEQ ............................................ 603 " 19 — ELECTRICAL. INSPECTOR I, Civil Service submitting results ofsame........ ......... ............................. 616 " 19—Eyres. Kimberly. Notice of car damage claim ................. 617 ^' 19—Employment. Retirement, Services & Housing, prohibited prac- ,,. tices for samee............................................. 630 INDEX -BOOK 107 _ 1977 SUBJECT -- -Page Jan. 3— Frommelt, Leo F., appointed City Clerk for year .............. 1 " 3—First Nat. Bank of Dubuque named depository ................ 2 " 3—Five Flags Building Committee submitting minutes of their meeting.................................................. .3.43,88,118,134.176,203,221,292.332,371,401. 480, 555, 574, 603 " 3—Freeway 520 planning & constructing, DOT commended for same.... ..................... ... ................. 3—Friedman, Richard, resigning from P & Z Commission........ 4 3 " 3—Fondell & Sons Inc., requesting to excavate between Elm & Washington. ............................................. 4 " 17—Friedman. Richard, recipient of Service Award ............... 9 " 17—Five Flags Civic Center plans submitted ..................... 9 " 17—Five Flags Building Committee resignations ................. 9 " l7—Five Flags Building Committee appointments ................ 9 " 17—Federal Funds available for Park Development and land acquisi- tion...... .. .................. ...................... 11 " 17—Finn, Patrick, Notice of car damage claim .................... 12.2-95 " 17—Five Flags Center Fund, authorizing the repurchase of certain land in the Downtown Urban Renewal Project, Iowa R•15, from same................... .................. ............ 19,143 Feb. 7 — Fransen, Lorraine, granted Liquor & Cigarette License....... 86,325 " 21—"Freedom Week" week of February 17 ...................... 88 " 21—Feyen, Building Commissioner advising of conditional use per mit issued to Hillcrest Family Services to operate a group home at 561 Jefferson St .. ...................... .... ..... 89 " 21— First Nat'l. Bank et al requesting annexation of Harwood Place. 103 Mar. 10—Friedman, Richard, relative to insurance program for the City. 117 " 10—Farr, Mrs. Willard relative to reading of water meters........ 118. 1.36 " 10—"Fly for Hire" practice at Airport to he investigated by Airport Commission............ 120, 150. 177 ... " 10—Fraternal Order of Eagles granted Liquor & Cigarette Licenses. 132.326 " 21—Five Flags Bldg. Committee recommending management of new Civic Center he operated by a new Five Flags Civic Center Commission. .... ............. ...... ............ 137. 206 " 21—Federal Funding of highway construction projects requiring right-of-way purchase, approving application to DOT for same. 147 " 30—Fact Finders report on negotiations with General Drivers Local Union 421 considered ................. Apr. 4—Fox, Robert, relative to existence of a Chapter of the German 149 American National Congress ............................... " 150 4—Fens, Ronald J., granted Liquor & Cigarette Licenses......... 174,283 4 —Ford, Mary Kathryn, granted Liquor & Cigarette Licenses.... 174,325 4—Fact Finders report on Police Force negotiations go to arbitra tion...................................................... " 4—Fondell & Sons Inc.. General Liability Policy submitted....... 175 177 May 2—"Foster Children Week" May 15th thru 21st .................. " 203 2—Five Flags Commission, requesting make-up of same.......... " 206 16—Fuerst, Richard, denial of personal injury claim ............... " 226 16—Fire and Police Retirement System Actuarial Report submitted to Commissioner of Insurance .............................. " 234 26—Foster, Mary Alice relative to funding for Operation New View. June 6-5 Flags Executive Committee 246 advising of repair of air condition ing.......................................... 6—Folsom, Mary C., Notice of personal injury claims 252 254 ............. 6—Faust, Steven, Original Notice and Petition before Iowa Indus trial Commissioner........... , " 6—F.A.U.S. Funds providing for same for signaliration of 20th St. from Central to Elm St 2r4 ........................ ..277, 6—Ferring, Adella A. granted Cigarette 295,394 License & Beer Permit... 6—Fairway Ford Sales, Inc., 283. 476 granted Cigarette License & Refund. 6— Fleckenstein, Ray granted Cigarette 284, 584 License ................. " 20—Fire Promotional Exams, Civil Service submitting 284 same......... results of 1977 INDEX- BOOK 107 til tBJF:CT Page 20-- Flora Park Tennis Courts. Reconstruction, authorizing the Exe cution and Submission of a Local Public Work- Capital Develop ment and Investment Program Application for same.......... 317. 469.492. 520, 539 .............................................. " 20- FDR Park Improvements. authorizing the execution and sub mission of a Local Public Works Capital Development and in vestment Program Application for same ..................... 320 20- Fenelon. Ken. granted Cigarette License .................... 325 " 20 -Fischer Bowling Lanes granted Cigarette License............ 325 29 - Five Flags Commission, appointments to same ............... 330 " 29 -Faulkner. Thomas appointed to TV Cable Commission......... 330 July :i -Federal Highway Administration authorizing to use FAITS Funds for land acquisition for right of way of Siegert Farm..... 363 5- Fischer and Co., granted Liquor License ..................... 368 " 5 --FIRE: DEPARTMENT ENTRANCE. EXAMS submitted by Civil Service Commission .................................. 369 " 1:1 Fire Fighters negotiations, discussion on samee............... 370 18 Five Flags Civic Center Commission submitting minutes of their meetings .................... 371. 401. 426. 452. 490, 531, 555,615 is- "F.I.S.T." productions, expressing thanks for consideration.... 371 " IS - Five Flags Center Bldg. Committee submitting BUDGET for 5 Flags Civic Center ........................................ 372 " 18 --Flora Park Tennis Courts. Dubuque Tennis Asc'n. expressing thanks for renovation of same .............................. 373 18-Fove Street, Wm. Krueger requesting street light on same.... 382 " 18 -Fire House Relocation, Community Development Block Grant Project ....................................... 385. 416, 454. 553, 623 Aug. 1 - Frangos. John P., granted beer permit ....................... 423 15 - Five Flags Civir Center Fund Executive Committee submitting minutes of their meetings .................................. 426 15-- Fitscher. Mike, relative to keg beer in City Parks ............. 427 15- Feldurman. Thomas D. & Richard Smith requesting to purchase lots at 550 W. 8th Sl ....................................... 427.619 " 15- Finlev llo-pita) submitting funds toward City expense incurred relatnc to proposed revenue bond issue ..................... 428 " 15- F INLE1' HOSPITAL, relative to issuing of Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley Hospital Project) Series 1977 ................. 428, 468. 488 " 15- Flora Pool, objections to closing for hour at 5:00 P.M.......... 433 15-Freyman, Virgil relative to rainwater runoff at Parkway St.... 433 Sept. 6- Finance Director requesting new position of Account Clerk I... 453 " 6-- Finley Hospital to remit additional funds to City Attorney for Bondissue................................................ " 6- Fitzgibbons. Neldia J.. granted Liquor License & Cigarette Li- 463 477.500 cense•.................................................... " 14 -Farrell, Carolyn A.V.M. submitting resignation from Civil Ser vice Commis%ion.......................................... 479 14-Frommelt. Paul• appointed to Playground & Recreation Com ' 479 mission..................................... ..... ...'... 19- Finley Hospital relative to storm sewer problems at Parkway.. 487, 503 " 19 - Financial Report for Fire & Police Retirement System for fiscal year ending June 30, 1977 approved ......................... 492 19 - Fremont & Cedar Cross Rd., construction of same............ 498.516 Oct. 3 - Fish. Bob challenging membership on Historic Preservation 504 ................................. . Commission......... . " 3-- Fuerst, Richard requesting vacation of lot between Lot 155 in Hamm's Subd. and Roosevelt St ............................ 510.532 " 3 -Federal Ilighway Administration, application to same for wi dening Kennedy Road from Highway 920 to Asbury Road...... 525 " 17 - Finlev Hospital requesting zoning change on Lot 18 of Finley HomeAddn............................................ 534, 5ti2 " 17 Freeport Construction awarded contract for 17th Street Storm Sewer. . 17 - Fairway Ford Sales, Ine. granted Cigarette License........... 540 543 Nov. 7 - Financial Audit for Water Department for period of July 1. 1976 lhru June 30. 1977 submitted by City Manager ............... 556 INDEX -BOOK 107 --- 1977 SUBJECT --- — ---- - _ _ R - -_- 7–Financial __ Audit for Housing Authority for period of March 1. 1976 to June .30.19T7 submitted by City Manager ............. 556 7– Freiburger, Mrs. James, Notice of Truck damage claim........ 557 " 7–Fullmer, Rill relative to expansion of Library Bldg............ 564 21 –Fire Pumper Bid to he returned unopened ................... 597 21 –Fire Apparatus, proof of publication ......................... 604 Dec. 5– FREEWAY, objection9 to same h Ping in town ................ 605, 612 5– Fuhrman, Russell, Notice of car damage claim ................ 605 19–FREEWAY & BRIDGE, alternatives submitted for same...... 612 19–FREEWAY, petitions being in favor of same in town.......... 612 19–Fitzpatrick, Leo H., Notice of personal property claim......... 618 INDEX—BOOF if) - 1977 SUBJECT Page [t? Jan. 17—Grant Award, Iowa Arts Council advising City recipient of same..................................................... 10 Feb. 7—Guenther, Brian, Notice of personal injury claim .............. 45 " 7—Graham. Thomas E., requesting work session with Council and the Downtown Merchants Ass'n............................ 62 " 21 —"Girl Scout Week" March 6th thru 12th ............ .. ... 88 " 21—Goerdt, Merl et al requesting annexation of portion of Harwood Place . .. .......... ..... ................ .......... 103.209 Mar. 10—Goerdt Merl F. et al, Notice from District Court advising of pe- tition on file by Throp Finance Corp. against same............ 121 " 10—Guidelines for concentrated Rehabilitation Loan and Grant Pro- gram submitted ....................................... 128, 146,274 " 21—Guccione, Joe, relative to Robert Hampton's request to dispose of his interest in Certain Urban Renewal Land ................ 135 " 30—General Drivers Local Union 421, Fact Finders report on nego- ttiations with same considered .............................. 149 Apr. 4—German American National Congress. Robert Fox, relative to same. . .. I ................ .... ... ... 150 " 4—Grandview Drug Inc., granted Beer Permit and Cigarette Li- cense.. ........ ........ ........................173.283.445 May 2 —"Girls Club Week" May 9 to 13th ............................ 203 " 16—Geisler Brothers refund on two permits ...................... 231 June 6—Graham, Thomas E. requesting to rent building at 8th & Town Clock Plaza...... ............... ....... ....... .. 261.295 " 6—Giese Sheet Metal Co. requesting refund on unused air condi- tioning permit ............................................ 262 " 6—General Cinema Corp of Iowa granted Cigarette License...... 283 " 6—Grobstick, Robert W. granted cigarette license ............... 283 " 6—Glynn. John F., granted Cigarette License & Liquor License... 285. 424 " 20—Gavin, Darlene, relative to enforcement of Dog Ordinance..... 293 " 20—Gehrke, Jerry, requesting vacation of portion of Wilderness Rd. 306. 428 " 20 --Gilmore, Regina Cooper, accepting deed from same for Cooper PlaceSteps ...................................... ..... 309 " 20—Greenhouse Potting House, submitting an application for cer- tain funds under Title I of the Public Works Employment Act of 1976 for same ............................................. 314,444 " 20 — Giunta, Marco. granted Cigarette License .................... 324 " 20—Groves-Kelco Inc. granted Cigarette License & Beer Permit... ................... ....... ....... .... ..325,445,544 " 20—Gordon. Lorraine granted Cigarette License & Liquor License. 325, 628 " 20—Grahow, Ralph. granted Cigarette License & Beer Permit. 325, 423, 501 " 20 —Ginter. Donna granted Cigarette License .................... 326 " 29—Gayman, Vaughn appointed to 5 Flags Commission ........ 330 July 5—G K Corp., Sidewalk Construction Bond filed ................. 334 " 5—Glennon. Joel R. and Mary J., objecting to paving of Davis Ave. 339 " 5—General Revenue Sharing Funds to he used toward construction of Iowa St. Parking Ramp............ .......... 362,402 " 18—Gudenkauf, Lloyd S., authorized to construct reinforced con- crete wall between Adair and Dexter St .................. 378.407, 431 " 18—Grandview Ave., prohibiting heavy vehicles on same.......... 380 " 18—Ginder, Elinor Ann Cody requesting annexation to City....... 384 Aug. 15—Garnet Ave., Dubuque County Engineer advising of vacation of Sam( ...................................................... " 15 --Grant, James W., notice of ear damage claim ................. 426 429 " 15—Core, Jim, relative to Main Street Lighting .............. . ... 436 Sept. 6—Garage Automotive Mechanics Exams results, Civil Service Commission submitting samee ............................... 453 " 14—Graumann, Walter appointed to Civil Service Commission (Withdrawal .............................................. 479,501 " 14—Grippen, Ralph, appointed to Youth Services Board........... 479 " 19—Gagne, Donald, relative to purchase of building by Blind Soci- e.ly•.................................. Oct. 3—"Gourmet Cooking hays" Oct. 11th & 12th ................... 481 503 .. 3—Gilliam, Charles, relative to Parkway Storm Sewer Problem... 503 INDEX -BOOK 107 1977 SUBJECT Page rage " 3—Gorsuch. ,John, Notice of personal property damage claim...... 505 " 17—Graham. Thomas, relative to leasing building in Town Clock ('laza.................................................... 532 17—Glazewski, Mare J., Notice of personal injury claim ........... 5.33 17—Gold Street and Merchants Lane, Mrs. Robert F. Cronin re questing stop sign at same ................................. 535 Nov. 7—Gurman, Rev. Mark, invocation given by same ................ 555 " 21 —GENERAL ELECTION, Canvass submitted for same......... 576 21 —Goedken, Ray, appointed to Cmmty-City Authority........... 577 21—Galle, Paul, Notice of Car damage claim ...................... 579 29—"Growth Center" of Fast Central Governmental Ass'e. District, Dubuque designated ....................................... 599 Dt-r. 5—General Revenue and Antirecession Fiscal Assistance Funds, Annual Report of Actual itse of same, proof of puhliration..... 607.616 INDEX -BOOK 107 1977 SUBJECT Page H Jan. 3—third, Gerald, personal bond submitted ...................... 3—Hanson, Gary J., refund on Cigarette Permit ................. .1 3—Hill Street. Community Development Area, Projects approved for same.............................1111 ............ 5. 16, 44.104 :,. 3—Hoffman, David H. & Wm. J. nix granted Cigarette Permit Liquor License ....................................... ..7. 8,325 17—Housing Rehabilitation Commission submitting minutes of their meetings.......... 9,88,118.149-A. 292, 332. 426. 480, 501, 531. 555. 615 " 17—Human Rights Commission submitting minutes of their meet- eetings.......... ings .................................. ..9, 118. 134. 176, 203. 252 17—Highway Dept., County, vacating portion of Robin Hood Dr.... 10 " 17—Heating, Ventilating, Air -Conditioning and Refrigeration Code Ordinance, amending same ................................. 14,49 " 17—Heiderscheit, John J., granted Beer Permit & refund, Cigarette refund. .......... ................. .............. 32.(86 Feb. 7—Housing Commission submitting minutes of their meetings .... 43, 117, 150, 204, 292, 3.92, 426, 452. 503, 555, 603 " 7—Hostert, Antoinette, Notice of car damage claim .............. 45 7—Hutchinson, N. R., notice of property damage claim ........... 45 " 7—Henkel, Lucille G., Notice of personal injury claim ............ 45,177 7—Historical & Architectural significance, governing uses in area. Ordinance submitted by P & Z ...........................45, 98,157 7—Heitzman, Wes, requesting 428-30 W. 4th St. and 391 W. Bluff St. he included within designated historical district in 4th St. area. .. .... .... ......................... ....... 47.98 " 7—Henschel, Richard & Mildred, requesting annexation of portion of Henschel's Black Forest Subd ..........................82, 101, 255 " 7— Human Rights Commission, appointments to same............ 86 21—Hansel Industrial Park water main and sewer extension per- mits submitted by DEQ .............. ..... ............... 88 " 21—Hillcrest Family Services granted conditional use permit to operate a group home at 561 Jefferson St .................... 89 21—Handicapped Parking, requests for Ordinance for same ..... 97. 120, 2309 21— Heinen, Douglas refund on Cigarette License ................. 21—Heiar, Merlin, refund on Liquor License ..................... 98 " 21 — Harwood Place annexing portion of same to City .............. 103,209 21— Housing Assistance Plan reviewed by Housing Commission.... 104 " 21— Helle Suhd., final plat approved. (Martin & Kathy Helle)....... 108 21— Hansel, Jeff relative to Plastic Pipe in Cedar Lake Addn....... 110 Mar. 10—Halliburton, Louise H. requesting Adult Entertainment Ordi 119 nance................................................... 10—Hawkeye Security Insurance Co., behalf of Paul C. & Sheri O'Brien, notice of claim .................... • • -' ...........l24 12l 10—Heinemann, Eugene relative to lease between Dock Bd. & Rob- ertKehl .................................................. " 10—Housing Rehabilitation Commission submitting proposed guide- lines for concentrated Rehabilitation Loan & Grant Program... 128, 146, 274 " 10—Heinz. Ted J. granted Cigarette and Beer License......... 130, 131, 285 " 21— Hampton. Robert, relative to proposal to dispose of his interest 135 in certain Urban Renewal Land .............................. " 21 —Heating. Ventilating, Air -Conditioning & Ref. Board, appoint ments to same ............................................ 21 — Heitzman Construction Co., Sidewalk Construction Bond sub- 135. 248 mitted. ............. . 21— Henschel's Black Forest request for rezoning, public hearing by 135 P& Z ............................................11..1..1 21—Hahlen, Stephanie M. el al, requesting recognization of West 137 End Neighborhood Assn. with City and Community Develop- 137 ment.................................................... 21—Hamilton Glen Apartments, RET Corp. requesting sewer ser- vicesto same.......................................1111.. 21—Henschel's easement to the City approved ................... 143 146 21 — Hennen. LaVern granted beer permit ....................... 148 _ INDEX-BOOK 107 977 SUBJECT --- PaK4 pr. 4—Hartung, Mark, Hempstead student, requesting rebuttal with Councilman Tully regarding school spirit.................... 151 4 — Henkels, Mr., relative to sculpture and residents program..... 151 4—Housing Rehab. Commission requesting appointments........ 151 4 — Hammel, Greg J., Sidewalk Construction Bond submitted...... 151 4—Historical Preservation Ordinance presented and established.. 157, 158 4—Human Rights Commission submitting draft of amendments to the Human Rights Ordinance.............. 164 181 4—Henschel's, approving plat of Lots 1 and 2, each in Block 6 in Timber Ridge Addition.................. 18—Hunger Walk to be conducted on April 24th, requested by Ififi Steven Wainwright... ...................... 85 18—Hardie Advertising, Frank, requesting refund on unused per 1 mit. ..................................................... IRfi 18—"Highland Farm" approving plat of portion of same........ , .. 1 gq ,;lo ay 2—Huron Productions (F.I.S.T.) relative to start of movie......... 2()4 2—Hutter, Dave, objecting to rezoning of Equestrian Heights..... 206 16—Historic Committee, W, 11th St., submitting names for same... 221,246 16—Historic Preservation Commission, Ad Hoc• Preservation Advi sory Board submitting list of names for same .............. . . .24 16—Hilkin. Thomas C., notice of car damage claim... , .... 2 16—Handicapped Parking, providing for226 same .................... 230 16—Highland Farm, portion of same, plat approved.. • • • . . 16—Housing Assistance Payments Program Section 8, exec''*'' of 3. revised contract.......,.., efrigeration 26—Heating, Ventilating, Air-Condi tionjnR and R........... 241 Board, Wilbur Behlmer appointed to same... , , , une 6—Historic Preservation Board no objection to demolition permit 246 of a garage at 1296 Prairie St... I ................ 6—Harris, Raymond E., resigning from Civil Service Commission. 253 6—Housing Commission advising of acceptability of a Section 8 New Construction Project sponsored by HOMZ Partners...... 253, 381 6— HUD submitting audit report for Urban Renewal Program Iowa R•15 for period of October 1, 1969 to December 31, 1976........ '253 6—Henschel, Richard C. requesting installation of street lights on Richards Road ...,... •,•, ............................ 6—Hackbarth, ... Dennis E., refund on unused garage building 261 mit ....................... ...... R per. 6—Housing Code Enforcement, Councilmen Pregler & Tully rela- 261 five to same. . 6—Holiday Oil Dist., Inc. granted Cigarette License 151.. , 273. 372' 563 6—Hancock, William granted Cigarette License.... • 28.3 6—Hillary, Bert granted Cigarette License & Li 284 6—Holiday Inn Motel granted Cigarette Licenseyuor License..... 284, 628 6—Health Officer, relative to Frederick Tippe abating housing vi . 284 lations. . 6—Henschel, Richard requesting sewer money for Valentine • • ... 286.290 15—Health Board of the City of Dubuque, Cit act 'a same ..................... Y Council to 286 •' 15—Hin t en. •••••••••.. act as K g Doris relative to application for . . • ' ' ' ' ' ' • 287 Program.... , . , , , • • Low Rent Housing 20—Health Director, Art Roth o esame, ,.......................289 20—Hardie, Frank to purchase Ni/i of Lot 122 in Addn...... -isst Dubuque 291 20—Henkels, Dolores, Notice of personal injury claim.... , , . . . . . ' 20—Hilkin, Thomas C., Notice of car damage c Iajm, • • 294 20—Howard, Loretta, Notice of 296 20—Hooser, R. et al, ob' Personal injury elaim...... 2116 20—Heinz, Vivian granted tClga eats Lico air ense ins and lock of Kane St, , , ' 3:45 20—Hartig Drug Company Beer Permit.. 324, 3`27,413 Permits...., P Y granted Cigarette License (4) & 20—Hennen,LaVern,ed ..... Beer 20—Heron, Inc. granted Cigarette License & Beer Permit 423, 4597 45 20—Harria. Patriiriia relative to low fair markearette License t rental rat • ... under Section 8 existing in Dubuque, , , , , 12 29— Historical Preservation Commission, a • . .. , allowed ppojnlments same...... 328 3.30 INDEX -BOOK 107 1977 SUBJECT Page " 29—Hammel, Wm., appointed to Rehabilitation Commission....... 330 " 29—Hahlen. Ron appointed to Community Development Commis- sion......................... ......................... .. 330 " 29 — Haverland. Gary appointed to 5 Flags Commission............ 330 July 5—Health Dept. of State submitting inspection report on San Jose Swimming Pool ........................................... 332 " 5 — Highland Park Estates water construction permit submitted by DEQ........ 332 " 5— Hixon, Ronald L., requesting extension of existing Light Indus- trial District to include property at 2512-14 Elm St............ 335 " 5— Hamilton, Wayne V.. Notice of car damage claim .............. 336, 429 " 5 — Hermes, Peter B., Notice of personal injury claim ............. 336 " 5— Hynes. James C., requesting posting 5 ton gross weight limit on Kelly Lane .......................... .... ............ 338 " 5—Helling, Joe et al, being in favor of paving Lowell St........... 338 " 5—HUD advising of availability of additional contract authority for Section 8 Existing Housing units ............................ 365 " 18—Hill Neighborhood Asg n. expressing appreciation for recogniza- tion...................................................... 371 " 18— Housing Commission relative to Housing Code Enforcement... 372 " 18—Herrig. Wm., requesting separate contracts in bidding of Civic Center..... .... ... .... ........................... 372 18— Health Consultant, Dr. Edward Scott, appointed same......... 374 " 18— Henkel, Gerald & Shirley, approving portion of Asbury Springs Subd. No. 1 for same...... 388 Aug. 15—Hawkeye Estates Lots 30-53, DEQ submitting water main ex- tension construction permit for same ........................ 427 " 15—H.R.W. Assc.. Planning & Zoning relative to rezoning request ofsame...............................................428.449,605 " 15— Highway Crossings, Ordinance to regulate same. (NO ACTION ... . .... .. . ... TAKEN).. .............. ...... ........ ... 432 " 15—Hempstead High School requesting homecoming parade on Sept. 30 .................................................. " 31 —Halon Stephanie, representing West End Neighborhood Assn. 433 being in favor of blocking Keyway Dr ........................ 448 Sept. 6—Hamer. Rev. Walter, invocation given by same ............... 452 " 6 --Historical Preservation Commission submitting minutes of their meetings ............................................ 452,531 " 6— Housing Commission requesting appointments to same........ 453 " 6—HEATING INSPECTOR I Exams, Civil Service Commission submitting results of same ................................. 453 " 6—Hall, Deborah Ann, Notice of Personal injury claim ........... 456 " 6—Hickey, Leo, requesting parking consideration at 1099 Iowa Street on behalf of Senior Citizens Square Dancers............ 462 " 6—Housing Uni(s, 100, application rejected ..................... 467 " 14 — Housing Commission, appointments to same ................. 479 " 14 — Hingt gen. Doris M., appointed to Housing Commission........ 479 19—"Hunting and Fishing Day" Sept. 24th ....................... 480 " 19—Holy Trinity Parish granted Beer Permit & Refund........... 501, 564 Oct. 3-11alloween Trick Or Treat Night" Oct. 31st .................. 503 " 3 — Housing Commission advising of selection of Charlotte Kelly as Chairperson, Doris Hingtgen, Representative and Douglas Pearce as Vice Chairperson ................................ 504 " 17—Housing subsidy program, Project Concern for Elderly and Re- tired Inc.. expressing concern over same ..................... 531 " 17 — Hixon. Ron no longer member of W. 11th St. Neighborhood.... 533 " 17—Hos. William relative to Adult Entertainment Ordinance...... 534 " 17 — Healy. Joseph, relative to Adult Entertainment Ordinance..... 534 " 17 --Housing Code standards and enforcement procedures, Building Commissioner submitting first draft of Ordinance for same.... 535, 581 " 17 --Huston, I)uane R. and Janet L., plat submitted by same, ap proved by P & Z.. ........................ " 17—Helling. Anthony A. & Bette O., granted liquor license........ 543 545 " 17 -- Hampton Properly, City Manager to negotiate on same........ 545,628 " 17 — Housing Rehah. Commission, appointments to same........... 545 INDEX -BOOK 107 1977 SITRJE('T 21 —Historical Preservation ('ommission relative to windowc for 1'i :,.17 tyHall ................................................ Nov. 7—Housing Authority Financial Audit for period of March 1. 1976 10June 31). 1977 submitted by City Manager ........ ........ 556 21—Hennagir. Bonita A.. Notice of sewer claim ................... 579 21 — Hawkeve Estates IHefell approving final plat of same......... 591 f1ec. 5—Holidav nil Distributing Inc.. accepting Warranty IN from same for land in G.R. West Dubuque.... ........... ........ fi11R 19—High land Farm. P K 7. approving final plat of portion of same. 627 " 19—Housing. Retirement. Services K Employment, prohibited prat 630tiees for same.............................. .. ... , ....... INDEX -BOOK 107 1977 SUBJECT Page Jan. 17—Iowa Arts Council advising City recipient of a grant award..... 10 " 17—Iowa TOPS objecting to increase of fees for use of Allison Hen- derson Pavilion ........................................... 15 " 17 —Iowa Commission for the Blind, granted Cigarette License..... 31 Mar. 10—Insurance Program, Richard Friedman, relative to same for Ci- ty. ............. ... ............................. 117 " 12-1owa Agricultural Day," March 21,1977 ......... ....... 133 " 21 —Iowa Commission for the Blind requesting refund on Cigarette License. ........................................... 143 Apr. 4 — Ihm, Gerald, requesting to construct septic system in 1200 block Kellv Lane ............................................... 165 " 4—Illinois Central Gulf Railroad, agreement with same to con- struct a force main from the Terminal Street Lift Station to the Wastewater Treatment Plan ............................... 169 " 4—Interconnection of 14th Street and the intersection of 16th and Elm Streets to the C.R.P. System ....................... 170, 180, 213 " 4—Interstate Power Co.. submitting plans for expansion of the Whittler Street line crossing municipal property ............. 172 " 18—Insurance Dept. of Iowa submitting certificate of authority to Merchants Mutual Bonding Co .............................. 176 May 16—"Insurance Women's Week" May 15thru21.................. 221 " 16—IOWA STREET PARKING RAMP EXPANSION ........ 242, 266, 366 June 6 — Iowa Street Parking Ramp. changing bid date for same........ 267 " 6—Iowa DOT, three year street construction submitted to same... 276 " 6—Imperial lanes. Inc. granted Cigarette License & Liquor Li- cense. ........ ... ....... .... .. ... ............. .. 284,446 " 20—Iowa Street Parking Ramp. Expansion, submitting an applica. tion for certain funds under Title I of the Public Works Employ- ment Act of 1976 for same .................................. 316,447 " 20—Iowa Inn granted Cigarette License ......................... 324 " 20—Iowa Oil Co. granted Cigarette License ...................... 325 July 5 — Iowa Street Parking Ramp, General Revenue Sharing Funds to he used for same ............... ... ......... ......... 362,385 Aug. 1 —Iowa Northwestern Development Co. offering to sell 12 acres of real estate adjacent to Arbor Oaks Sub ...................... 402 " 1 —Iowa Northwestern Development Co. requesting not to rezone portion of Birch Acres ..................................... 406 " I — Inns of Iowa, Ltd., relative to rezoning request ............... 407 Sept. 6—Inspection prior to sale of real estate, objections to same....... 454 12—Integra-Built Inc.. City Manager to negotiate with same to de- velop an option agreement relating to Downtown Urban Renew- alProperty ............................................... " 19— Interceptor Sanitary Sewers, construction of same............ 478, 598 492 " 19—Inns of Iowa. Ltd. granted Liquor License .................... 501 Nov. 21 -- Iowa Northwestern Development Co. by Atty. Sprengelmeyer requesting approval of two plats covering next phase of Arbor Oaks..................................................... DOT concept for proposed Freeway 561...... 585,617 615 Dec. 19—Iowa submitting " 19—I4)wa Northwestern Development Co.. submitting Notice of Ap- peal regarding denial of plat of Block 7 of Arbor Oaks Sub...... 617 INDEX -BOOK 107 SUBJECT 1977 ---- - Jan. 17 -• J.F.K. Road, Planning 9, 'Zoning relative to OR 1"a" Tonins' on same........... " 17—JACKSON STREET, reconstruction of same from 22nd Vit. t" Diamond St.. completed........ ...... .itt 71 " 17—JACKSON STREET, reconstruction of same from 1'21h to 22nd Sts., completed ...................................... Feb. 7—JFK Fast Foods Inc., granted [leer Permit & Cigarette Licen%e. :ill, R:i R5, :396 11 21— "Jave" Jellv Week" March 13 thru 20 ....................... R8 Apr. 4—Ju. mann. C. Robert. relative to sculpture and residents pro gram....................................•...•............ " 4—Johnson Bros. Corp. awarded contract for construction of Ter. 1:;1 minal Street Force Main Wastewater Treatment Facilities Phase 11 Contract ........................................ 16R " 4—Jungblut, Dixie granted Liquor License & Cigarette Licenst• & Refund...............................................174. 368, 564 " 18—Jaeger, Louis J. and Rita M. requesting annexation of portion of Schrup Subd. in Section 1 Table Mound Township ............. IR7 I8—"Jaeger Heights" part of plat approved ...................... 1951 May 2—Jach. Jim R., granted Beer Permit & Refund ................. 219. 511 " 16—"Jobs for Students Months" May thru August .............. 221 " 16—Jones, Jack C.. General Liability policy submitted............ 224 June 6—J.F.K. Road. objections to rezoning from R 1 to OR i Hesiden tial District ............................................... 261 " 6-3. D. Street & Co. Inc., granted Cigarette License ............. 2R3 " 6—JRC Inc., granted Liquor License ........................... 2Kfi " 20—Jahnke. Walter et ux. rezoning request denied by Planning & Zoning....................•.............................. :w2 " 20—"Jaeger Heights Subd." rezoning portion of same annexed to Ci ty. ... .... ........... ..... ............. ....... .IAM. 376 " 20 —Jones, Clarence R., granted Cigarette License & Liquor License & Refunds ..... .. ...... ........ ...............325.36R,.t6:i " 20—JoTer Inc, granted Cigarette License and Liquor License...... 325.:1V " 20—Junnie's & Chuck's Sport Center granted Cigarette License... 326 July 5—Jennie. Wm., advising of water property on his property near Long John Silver property. . ............ I ........ I ......... :13:1 " 5—Jasper, Mrs. Richard, on behalf of Donald Jasper. Notice of per conal injury claim .............. I ................... • ...... 336, :475 " 18—Jaycees to transfer Beer Permit ............................ 397 Aug. 15—"Jerry Lewis Muscular Dystrophy Telethon Weekend" Sept. 4th& 5th.... ......• ..................................... 426 " 31—Jozefowiez, Mike et al objecting to closing of Keyway......... 4118 Sept. 6—Jorgensen. Carry, relative to City Employees living within City limits.................................................... 45:1 " 6—J.F.K. Rd. speed limit sign posting requested by M.J. O'Neill... 454. 505 Oct. 17—Johnson, Dennis, Alderman from Rockford, submitting model ohseenity law passed by Rockford City Council ............... 533 " 17—Jaeger, Louie requesting street light. in "Jaeger Heights Suhd:....... ...... ...... .. 535Nov. 7—Jentz, Janis E., granted Cigarette and Liquor Licenses........ 572. 5173 " 21—John Deere insurance Co., notice of claim filed by Kathleen Plush and Wm. Welter for accident eaused by de44•4•tive stop sign at intersection of Loras & Auburn......... 579 " 21—Julien Walk requesting to put Christmas deeoratiwi, -in lower Main St. lights ................ 5tt4 INDEX -BOOK 107 _ 1977 SUBJECT Page K Jan. 3—Key City Bank & Trust Co. named depository ................ 2 3—Kraft, Steven, granted Cigarette Permit ..................... 7 " 3—Kachevas, Inc. granted Liquor License and Cigarette License. 8, 324, 628 3 —Kies, Donald granted Liquor License & Cigarette License..... 8,324 3—Kisting, Andrew appointed to Library Board ................. 8 " 17—Kane, Karl A. by American Interinsurance Exchange, notice of personal property damage claim ............................ 13,617 Feb. 7—Kronfeldt. Michael F., Notice of property damage claim....... 45 " 7 — Kirchherg, Gerald granted Liquor License & Cigarette License. 86,326 21 —Kieffer, Janaan M., notice of personal injury claim ............ 92 Mar. 10—Kuch, Roy A. & Marie L., Settlement of personal injury claim.. 120 10—Kehl, Robert, clock Commission approving lease with same. 111, 124, 138 10—Kessler, Thomas E., granted Beer Permit & Cigarette License. ...... .............. .... ............. ...131.396,445 21—Kluck M.P. & Son, Inc. Sidewalk Construction Bond submitted. 135 21— Kehl, Robert J., granted the right to construct a sanitary sewer to the Roberts River Rides in the extension of East 2nd St..... 138.151 Apr. 4—Koppes, Administrative Ass't., advising of Youth in Govern- mentdays .. ........................ .... ............ 150 4 — Kirchen, Ralph I.., requesting repair of Mayfair Court......... 165 18—Kiefer, Richard, relative to closing of parks .................. 179 " 18—Kersch, Jeannie A., granted Cigarette and Liquor License. 197, 198, 368 i• 18—Knights of Columbus granted Liquor License & Cigarette Li- . .. ... .... ... cense.......................... ...... .. .... cense 198.324 May 2—Kieffer, Richard, relative to concern at Schmitt Harbor Ramp. ......................... .......... ..... .......212,223,314 2—Kaufmann, Don, requesting float be put in Schmitt Harbor..... 212 i6—Krumrey, Rev. George, invocation given by same ............. 221 " 16—Kehl, Robert to construct building along shore in Ice Harbor... 221 16—Klauer, JoAnn H., granted Liquor License & Cigarette License. 244, 324 June 6—Klohn, Rev. Franklin, invocation given by same ............... 252 6 — Kehl, Robert J. granted Cigarette License ................... 284 " 6 — Kiefer. Joseph granted Cigarette License .................... 284 6—Klauer, James J. & Robert D. granted Cigarette License & Li- quor License ................................... 284,424 6 — Kopples Market. Inc., granted Cigarette License & Beer Li- cense ................ ....... ......................284.445,476 " 6—Kress. Sandra J. granted Cigarette License .................. 285 " 15—Kohnen, Karl, relative to low fair market rental rate.......... 289 " 15—Koethe. Erv., relative to application for Low -Rent Public Hous- " ing. .................................................. 20— Klauer, Robert D.. representing residents on Lawndale St., rel- 289 ative to breaking up of street ............................... 292,334 20—K & K Hlg. requesting refund on unused heating permits...... 306 20 — Kratzer, Larry, granted Cigarette License & Liquor License. 324, 424, 529 " 20—Krajnovich, Elizabeth, granted Cigarette License & Liquor Li cense. ................................................... 326.327 326 " 20 — K•Mart granted Cigarette License .......................... " 20—KWICK Foods Texaco granted Cigarette License........... • • 326 " 29— Kelly, Phil appointed to 5 Flags Commission .................. 330 " 29—Kirkwood, Louis appointed to Historical Preservation Commis- 330 July sion........................................... ........... 5—Klossner. Ms. Pat. P & Z recommending denial of rezoning re- quest by same OR for ORA to include beauticians ............. 335.574 " 5—Kerper Blvd., Councilman Brady requesting removal of stop sign at same and 16th Streets ............................... 397, 379 " 5—Kelly Lane residents requesting 5 ton gross weight limit on 338 " same........... ........... 5—Koeller, Hazel E., granted Liquor License & Cigarette License. ......... . .......... 368, 422, 596 " 5—Kuh1e, Francis granted Cigarette License .................... 368 18—Kelly Lane prohibiting heavy vehicles on same...............380 382 18—Krueger, Wm. K., requesting street light on Foye St.......... INDEX -BOOK 107 1977 SUBJECT PAGE Aug. 1—Kruse, Edward, relative to parking stickers on Central Ave.... 401 " 1—Kunsch. Rev. Wm. C., invocation given by same ............... 426 " 15— Keg Beer in City Parks. ohjections to not allowing same....... 427 " 15— Kiwanis Club requesting to conduct "Peanut Sale" on Sept. 23. 433 " 15—Knights of Columbus request to conduct "Tootsie Roll Cam paign" on Sept. 18th to 1Rth................................ 433 " 31—Kessler. Martha et al objecting to closing of Keyway.......... 449 " 31— Keyway Dr., relative to closing same ........................ 449 " 31—Kennedv Road, City Manager submitting capability to finance report for reconstruction of same ............ .... . 449 .. . Sept. 6—Kopischke, Jerry, Airport recommending reappointment of same on Airport Commission ............................... " 453. 479 12— Klauer request for consideration in Area B of Industrial island. " 478 19—Knob Hill, DEQ submitting water main extension construction permit for same ........................................... " 19—Kloft, Donald requesting to purchase W53' of F.ot 1 of Sub. 909 49(1 A. McDaniels Suh. located on Arlington St ................... 19—Kopp. Gene granted Cigaretle License 487 " 19—Kurt, Chas. anointed to Housing Rehab. Commssion........... " 5W 51.11 19—Kaufman, Elaine appointed to Housing Rehab. Commission.... Oct. 3—Karnik, Rev. George, invocation given by same 5101 ............... " 3—Krieg, Betty, challenging membership on Historic Preservation 503 Commission. ............................................. " 3—Kennedy Road widening, notice for location and design public W4 hearing. ................................................. 525. " 17—Krieg, Betty appointed to Community 574 Development Commis Sion..................... " 17—Kiebel, Jane appointed to Community Development Commis 545 Sion ................. " 31—"Knob Hill" and "Knob Hill Grove" approving plats for same. (Duggan) . .. . . U5 Nov. 7—Kisting, Andrew relative to Library Building 551 expansion....... " 21— Kronfeldt, relative to allowing beauticians in OR 1 Districts. , , , " 21—Kenline, Betty Jane, Notice 5B4 575 of personal injury claim.... , .. , , , , " 21—Kintzinger, Atty., representing David Maiers 579 relative to ap- proval of two plats for Arbor Oaks Suhd........... •......... SR5 INDEX -BOOK 107 1977 SUBJECT PAOP Jan. 3—Library Board, appointments to same ....................... 8,242 " 17—Lundh. Alvin E., resigning from 5 Flags Bldg. Comm.......... 9 " 31—Lundh, Alvin E., submitting statement for the benefit of the record for resignation........... .......... ... 35 Feb. 7—Law Enforcement Training, providing for matching funds for same............... ........... ...................... 83 " 7—Lucky Stores granted Beer Permits (3).... ...... ....... 85,423 7—tarsen, Beverly Granted Liquor License & Cigarette License & Refund ............................................ 86, 284. 585, 622 7—Loney, David appointed to Human Rights Commission........ 86 " 21—Lieciardi paintings. Art Assn. to he custodian of same......... 88 " 21— Lightfoot, Pamela, by Economy Fire & Casualty Co., involving accident with client and Jeffrey J. Decker .................... 91 " 21 — Lakeman, Mrs. Ellen, notice of property damage claim........ 92 Mar. 10—League of Women Voters relative to proposed budget......... 117 " 10—Lange, Dallas, Notice of property damage .................... 121, 152 " 10—Loras College requesting to distribute tags and accept contri- butions on March 19, 1977 and to conduct "Shamrocks for Dys- trophy Drive.. ................ ..... ....... 123 " 10—Labor Negotiations services of Mr. Steven B. Rynecki, Public Works Director Murray relative to same ..................... 130 " 21— Lang, Dock Commissioner, salary conciliation agreement be- tween same and City ...................................... 136 " 21— Leute. Bernice, Notice of personal injury claim ............... 137,455 " 21—Liquor in Parks, prohibiting the use of same .............. 138, 165, 179 Apr. 4 — Loras College requesting to conduct fireworks on April 30,1977. 165 " 4 --LEASE & Agreement between Dock Commission and Dubuque Barge & Fleeting Company submitted.. ..... .......... 172, 187 " 18— Leonard Oil Co., granted Beer Permit & Cigarette License. 198, 284. 445 " 18—Lona's Inc., granted LiquorLicense......................... 198 May 2—"Life Insurance Education Week" May 11 to 18th ............. 203 " 2—Luber, Lloyd P., Sidewalk bond submitted ................... 204 " 16 — Lukens. Joe. Sidewalk construction bond submitted........... 224 " 16—Lease and Agreement with Dubuque Chips, Inc., covering cer- tain city owned real estate... ..... ......... ..... 229,260 " 26—Langfield, D. H., relative to funding for Operation New View... 246 June 6— Link, Elsie, objecting to Washington Street Diverters......... 252 " 6—Link. James F., objecting to rezoning J.F.K. Rd. from R-1 to OR - 1. .... .... .. .................. ........ .. 261,302 " 6—LTD Construction Co. requesting refund on unused building permits . ...................... ........ 261 . " 6—Leagueof Women infavorof Housing CodeEnforceme.nt 273 " 6—Law Enforcement Training, matching funds provided For same. 275 " 6 — Leppert, Sandra granted Cigarette License .................. 284 " 6— Loral College granted Cigarette License & Beer Permit....... 284. 597 " 6—Lucas, Michael J.. Jr. granted Cigarette License & Liquor Li- cense. .. .. ................. ............ .... ... .. 285.573 " 15—Low-Rent Housing Program, relative to approving application and authorizing submission of application for same............ 287,289 " 20—Lawndale Sl., residents of same, relative to breaking up of street.................................... ................ 292,334 " 20— Lange, Elsie E., petitioning for suspension of taxes............ 294 " 20—LuGrain, William, Sidewalk Construction Bonds submitted.... 295 " 20-- Landscape Architecture Dept. of Iowa Slate University submit- ting final report of same by Community Development Director. 295 " 20—Lange. James granted Cigarette License .................... 324 " 20—Lenstra, Thelma granted Cigarette License .................. 324 " 20—Love, Kenneth J., granted Cigarette License & Liquore Li- cense. .... ............. ............................ 326.369 " 20—Lammer, William H. granted Cigarette License .............. 326 " 20 — Lona's Inc., granted Cigarette License ....................... 326 " 20 --Library Board, appointments to same ....................... 330,425 " 29- Lundh. Martha appointed to Historical Preservation Commis sion...................................................... :1;111 INDEX —BOOK 107 -"— SUBJECT Page 1977 July 5—Long John Silver property causing water problems for Vincent 3,.Y " Roling and Wm. tenni...................... ............. 5—LEASE. Cont,icarriers and terminals. Inc. exercising their op tion toextend term of same dated July 25. 196^ to July 24, 1982. 8 " 5—Leytem. John Notice of personal property damage claim...... . " 5—Lowell Street assessments. objections to same ............... 5—Lundin, Eloise V., objecting to paving of Cherokee Drive...... 338 " 5—Leasing of city owned property by various Hoards and Commis- sions,City At suhmitting opinion of same .............. 36q " 18—Lipper. George, relative to market study of the Downtown " Area...................................................1 18—Lundh. Architect Al. recommending purchase of Trenkle i7.t Building.................................................. 374 " 18—Lightfoot, Pamela and Dale, notice of suit vs. Jeffrey decker. (auto accident) ............................................ 375 " 18—Lattner, Lyle, et al objecting to widening of University Avenue. 382 Aug. 1—"Light the Way for Handicapped People" Sept. 10th........... 401 " 1—Lions Club requesting to conduct circus on Aug. 29th, 1977..... 409 " 5—Lane, Wm. H., objecting to excessive noise from motorcycles on Kaufmann Ave ............................................ 427 " 15—Lorice. Inc., by Small Claims Court of expenses incurred for clearing downtown land .................................... 430 " 15—Leach, David 0., granted Cigarette Licenses ................. 444 Sept. 6—Law Enforcement Training Program approved. (Fingerprin ting) ..................... ............................ 467 19—Luther, Frieda, appointed to Civil Service Commission........ 501 " 19—Lenning, Larry appointed to Community Development Commis cion...................................................... 501 Oct. 3—Lutsetich, Thomas A. and Eleanor J. Rafolh requesting annexa tion...................................................... 522 " 3—Location and Design public hearing for widening of Kennedy Road from Highway 9". to Asbury Road ................... 525 Nov. 7—Library Board to discuss expansion of present building. %4 " 21—Lexington Street, John E. Combs requesting vacationof por tionof same ....................................... ...... .584 " 21— Licht, approving final plat for same (Buena Vista Courts ....... 585 " 21—LAND LEASE, Integra Built Inc., presenting same relative to land in Urban Renewal Area ................................ 598 Dec. " 5—Leitner, Harold, objecting to Freeway being in town.......... 605 5—Lipper, George, relative to statement from DOT on bridge & Freewav. ............... ............... 611 " 19—Lammer, Wm., dlbla The Ritz Lounge, City Manager reeom mending public hearing he held on suspension of liquor license for same ...................... . . . 616 " 19— Lampe, Lynn, Notice of Truck Damage claim ....... . . 617 ... . 19-1oras College requesting installation of lights at intersection of Loras Blvd, & Alta Vista Street ............................. 621 INDEX -BOOK 107 1977 SUBJECT Page M Jan. 3 -Mayor, Emil Stack is, appointed same for calendar year 1977... 1 " 3-Mavor Pro Tem, James E. Brady appointed same ............. 1 " 3- Main St. Lighting, proof of publication, indicating no significant effect on environment for said project ....................... 3 " 3- Mihalakis et al and Schwartz et al, conveying "Block 2 in River Front Subdivision No. 2" to same ............................ 7 " 3 - Mohr, Albert E., granted Cigarette Permit ................... 7.284 " 17 - Merritt, Jackie, relative to plans for Five Flags Civic Center... 9.372 " 17 -Miller, Sydney E., by Takos Realty, requesting to purchase Market Square.... ... .. .............. .10,44, 89,220 " 17 -Market Square. Sydney E. Miller of Dubuque Chips Inc., re- questing purchase of same ..................... 11, 44, 89, 220, 228, 258 " 26-Moldenhauer, Wayne. Dock Commissioner, relative to leasing of Dove Harbor by Conti Carriers......... ....... ... .. 34,186 Feb. 7 - Mills, Janaan E., on behalf of daughter Jennifer, personal injury claim denied ........................... ......... .45 " 7- Milhrandt, Paul, relative to unit pricing and Unit Price Codes.. 62 " 7 -Master Plan Study for the Dubuque Municipal Airport, approv- ing agreement between DOT and City for same ............... 86 " 7 - Melson, Eric appointed to Human Rights Commission......... 86 " 21 -"Minority Day" March 17, 1977 ............................. 88 " 21 -Maas, Mrs. Elizabeth. notice of personal injury claim.......... 91 " 21-Marting. Mrs. relative to Committee on Decency on Adult En- tertainment. ............................................. 94 " 21- Mayor's Salary, establishing same .......................... 94,163 " 21- Miller, Beverly R., granted Cigarette & Beer License...... 111, 324, 445 Mar. 10-Mettel•Bryne Addn., Water Main & Sewer Extension permits issued... ............................... ............ 118 " 10- Municipal Government Task Force to report on their findings in May or June.. ............ ................................ 120 " 10- Manders. Relnald, Notice of personal injury claim ............. 121 " 10--- March of Dimes. requesting Walk-A-Thon on April 17,1977 .... 122 " 10-Manternach Development Company requesting voluntary an- nexation of approx. 38.10 acres of land in portions of M.L. 324 and rezoning request ..................... ......129,'209,257. 275 " 21- M ulgrew Oil Co., requesting to vacate portion of Water Main... 140, 156 Apr. 4 -Merritt, Dan, relative to Hempstead school spirit ............. 151 4 - Mayfair Court, Ralph Kirchen requesting repair of same....... 165 " 4 -MAIN STREET LIGHTING FROM FIRST STREET TO FOURTH STREET....... 171, 191.203, 213, 224.272, 310, 393, 409. 436 " 18-Mettel, John P., No. 2, Subd. approving part of same.......... 194 " 18 -Moeller. Joyce, granted Liquor & Cigarette Licenses.......198 198,326 " 18 -Marco's Inc. granted Liquor License ................... May 2 - "Mental Health Month" month of May ....................... 203 206 " 2- Muenster. Mrs. Cecelia, Notice of personal injuries claim...... " 2-Meriwether. Bruce relative to parking ramp rate increases.... 210 " 2 --Miller, Sydney requesting vacation of alley in South Park Hill Addn. and EI Ru Place ................................. 212, " Dr. Robert, Beer Permit & Refund............ 381, 405 219,511 2- Myers, granted " 16 -Mental Health requesting concensus toward their organization by voting in favor of their budget request .................... 221 233 " 16- "Marilyn I'lace" approving plat for portion of same............ " 16- Madison St. Steps reconstruction report submitted by Dan 1)it 223 temore ................................................... " 16 -- Memorial Day Committee to conduct parade on May 30,1977. .. 232 " 26 -Merritt, Jackie. requesting 5 members on 5 Flags Executive Committee. ................................ June 6-- May's Drug granted Cigarette License ...................... 247 284 " 6-- Merchant. Hotel granted Cigarette License .................. 284 " 6 - Meyer. Herman granted Cigarette License ................ • • . 284 " 6 - Meyer, Kermit granted Cigarette License ................... 284 " 6 - Mihalakis, Shirley granted ('igaretle License & Liquor License. 284,628 " 6 Miracle ('ar Wash Inc. granted ('igarette License ............. 284 INDEX —BOOK 107 1977 SUBJECT Page " 6—Millman, Norene J. granted Cigarette License & Liquor 2R6. 628 License .............. ......................284, " 6—Murphy, James D. granted Cigarette License ................ 284 " 6—Mescher, Vincent W., granted Cigarette License .............. 284 " 20—Mihm, Bernard, petitioning for suspension of taxes............ 294 " 20—Masurek, Evelyn, petitioning for suspension of taxes........ ;394 " 20—Marshall Park Improvements, authorizing the execution and submission of a Local Public Works Capital development and Investment Program Application for same ................... 3121) " 20—Mihalakis, John granted Cigarette License & Liquor License ... 324, 529 " 20—Montgomery Ward & Co. granted Cigarette License.......... 324 " 20 —Mare's Big Boy granted Cigarette License ................... 325 " 20—Meyer, Catherine M., granted Cigarette License & Beer Per- mit....... ......... ................................... 325.327 " 20—Miller, Neil, Inc. granted Cigarette License .................. 325 " 20—Mr. Steak granted Cigarette License ........................ 325 " 20—Morett, Merlin granted Cigarette License ............ ...... :126 July 5—Municipal Government Reorganization Task Force suhmiltint,, recommendations of their findings ....................... .. 333 " 5—Martin, M. J.. Notice of car damage claim .................... 3:16 " 5—Meyer, William, requesting vacation of Sly 150' of Ruth St. located west of Broadway and Southerly off King Street...... . 337. 455. 484. 507 " 5—Mt. Calvary Cemetery Asan. requesting to delay paving davis Ave. until it can be widened .......................... . ..... 3.'i8 " 5—Manternach Development Co., requesting annexation of ap- prox.l.4 acres ............................. .............. 361 " 5—Murphy, Orville, granted Cigarette License & Liquor License.. 'W. 524 " 18—Meek, James, County Extension Director. requesting appoint ment of 3 people to represent City for establishing temporary county land use policy ..................................... 373 " l8—Medical Consultant, Dr. Edward Scott appointed same for City ofDubuque ... ........................................... 374 Aug. 1—Miller, Karl "Doc", settlement of car damages claim........... 403 I—Main Street Lighting Project, directing the transfer of CDB(;F from the Contingency Funds to same ........................ 416 " 1—Mettel•Byrne Addn. P & Z approving final plat of same........ 419 " 15—"Mentally Handicapped Health Week" Sept. 12th ............. 426 " 15—Matous, Edward, Notice of property damage claim............ 430. 557 " 15—Meeker, Marvin C. & Alice L. and Richard W. Anthony re questing annexation .............. 435 " 15—Moratorium on disposal of City owned real estate, declaring same(FAILEDL.......................................... 436 " 15—Marty, Milton J., granted Cigarette License .................. Sept. 6—Miller, Wm., relative to Present Building Codes .............. " 444 454 6—Mettel•Byrne Addn., P & Z approving final plat of portion of same ..................... 465 " 6—Marshall and Roosevelt (FDR) Park Improvement......... " 469 6—Monerief, Sandra L., granted Liquor License ....... .. . ...... " 19—Mayer's Industrial Committee 477 relative to proposal from Dubu que Electric Motor Service Inc. to purchase property.......... Oct. 17—Moldenhauer, Wayne A., 500. 526 resigning from Dock Commission.... " 17—Marling, Mrs. relative to Adult Entertainment Ordinance. " 581 533 , ... 17—Merchants Lane and Gold St., Mrs. Rohert F. Cronin requesting stop sign at same ............. . ..................... " 17—Mettille, Deborah appointed to Youth Rewires Bureau........ " 5:15 545 31—Merfeld, P & Z approving final plats for same ................. Nov. 7—Marshal l•Rewseveit Park Improvements, 549 Advisory Council on Historical Preservation of Washington. D.C., relative to same. , 7— Manders, Donald, Notice recd, of Car Damage claim ................ " 21—Maus, Alvin H., requesting yield sign 557 at northeast corner of Tressa and Sl. George Streets " ........................ 21—Maiers, David L.. relative to approval of two plats in Arbor Oaks Sub .............. 584 Dec. 5—Metal Trades Council of Dubuque requesting eonsideration of their endorsement....... 585 , . , . , ............................. 604 INDEX -BOOK 107 1977 ------- SUBJECT Page 5 MuIgrew Oil Co. favoring no more than 5 minutes waiting time at railroad crossings .............. .... .. 604 5 -- March of Dimes requesting to eonduct.Mothers March in Jan uary, 1978 ................................. 606 19 --Murray, Public Works Nrector submitting alternatives for Bridge & Freeway ......................................... 612 Dec. 19 —Murphy. Charles J., et al objecting to Freeway being in town... 613 19 — Mississippi Valley Investment Co. requesting to connect to city sewer for the Terrace Court Mobile Nome Park at 23.90 Rock daleRoad ...................... ....... ............... 622 19 — Maggio. Jeffrey T.. Terry Steiner, Gregory J. Adams, granted Cigarette and Liquor Licenses .............................. 627.628 INDEX —BOOK 107 7 SUBJECT -- - _ Page Mc ob. 7—McClain Subd., water construction, permit submitted by DEQ. , Mar. 21 43 —McClain Sub., notice of public hearing by Planning & Zoning... 120. 136 21—McCormick, Robert W., Notice of Claim for services rendered.. 137. 225 Alar. 1R—McCoy, Robert T., by Julien Walk. in favor of Urban Renewal lighting in Lower Main area ......................... 191 May 2 --McCarthy, Imo A.. relative to rezoning of Equestrian Heights.. JiInP 20—McClain, F,arl, denial of bV 2f►fi, 2 i6 request same for rezoning.......... 20—McIntyre, Jim, granted Cigarette License and refund; also I,i 301 quor License ........................ ..326, W. 433 ;vpt.14 — McFarland, John J.. appointed to Board of Zoning Adjustment. 479 19—McDaniels Sub. located on Arlington St.. IMnald Kloft re- questing to purchase W53• of I,ot 1 of Sub. R09 in same......... Dov. 7—McMullin, Norman relative to 4R7 expansion of Library Building... i,•c. 5—McGinnis, Joseph N. and David J. Wetter, Liquor 564 granted License. ...... ........................................... 611 INDEX -BOOK 107 1977 SUBJECT Page N Jan. 17—Neuhaus, Gerald W., Notice of sewer backup claim......... 13, Feb. 7 —Nebel, Roger & Carol, 402,456 sewer claim closed.................... " 7—Nigg, Randall. to make trip to Waterloo on behalf of Civic 44 Center............. ....... 21 — "National Engineers Week" February 22 to 28th " 87 .......... . .. . 21 —N.E. Iowa Crime Commission submitting a matching fund 88 schedule. .. 21 — Northwest Arterial right -of-way, relative to acquisition of right- 90 of-way from Joseph & Ruth Siegert.................. 106, 215, Mar. 10—National Foundation March of Dimes 363, 571 requesting to conduct a Walk-A-Thon on April 17. 1977 ............. 10—North Catfish Creek Water Shed Project he abandoned....... 122 129,167 Apr. 18—Noise Enforcement requested by Delos Dorweiler............ 186 May 2—Northwest Arterial, Planning & Zoning relative to alignment alternatives for same. ..................................... 2— Nielsen, Gary Lee, granted Beer Permit and Cigarette License. 215, 363 June 6 — Nash Finch Co. granted Cigarette License & Beer Permit.. 219, " 284, 572 6 — Nesteby, Charles granted Cigarette License & Refund........ 284,463 20 — Nacht man Tire Co., granted Cigarette License............... 326 July 5 — Newton. Dale S.. Notice of personal injury claim.............. 336 13— Negotiations with Firefighters, discussion of same............ 370 18 — Nigg, Mr. relative to completion of Civic Center .............. 372 Aug. 1 — Neighborhood Parks Acquisition and/or Development, authoriz- ing request for release of funds for same ..................... 418 1 —Noonan, Stephen granted Liquor License & Cigarette License & Refund.. . 424, 444, 535, 564 15— Nesler, James C., Notice of property damage claim ............ 430 15—Nemmers, Kay granted Beer Permit............ 445 Sept. 14 — Neil, Colin P., appointed to Advisory Commission............. 479 14—Norman, William H., appointed to Advisory Commission...... 479 19 — N.E. Area Crime Commission, appointments to same.......... 501, 529 19 — Nederoff. Dale appointed to N.E. Area Crime Commission. iRescindedl ............................................... 501.529 Oct. 3 — Nash. Ruth, challenging membership on Historic Preservation Commission. .......................... 504 3 — Neumeister, W. C., Notice of suit againt City Development Board, City Development Committee and City relative to An- nexation. ........................... 505 " 3— Nev, Raymond A. & Bertha H., requesting annexation...... , .. 521 17—Nemmers. Kay granted Beer Permit........................ 544 17 — N.E. Iowa Development Property, City Manager to negotiate onsame .............................. ....... ..... ... 545 17 — Nash, Ruth appointed to Community Development Commission. ......................................................... 545 " 17 — Nied, Byron F., appointed to Youth Services Bureau.......... 545 Nov. 21 — Naffier, Rev. Vernon H., invocation given by same............ 574 21 — Naughton. Atty. relative to allowing beauticians in OR-1 Districts. ................ 575 Dec. 5—Navy League of U.S. recommending road between Schmitt Memorial Marker and Schmitt Harbor be named Admiral Sheehy Drive ........................................ .. 603 " 5-- Nash, Ruth, endorsing plat for transportation submitted by Richard Worm ............................................ 605 4 INDEX -BOOK 107 1477 SUBJECT Jan. 17—ORTa" zoning. Planning & Zoning relative to same on J.F.K. Rd....................................................... 17 17—Ordinance No. 1-77 amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of 1 he City of Dubuque, Iowa" repealing Section 4 109,4 of Article 11', thereof, and enacting a new Section 4 1N of Article IV, thereof, to provide for the issuance of Conditional Ilse Permits for certain limited Commercial activities, in areas or structures of Historical or Architectural Significance within the OR -1 Of- fice Residential District .................................... 17—Ordinance No. 10-77 Authorizing the Dubuque Yacht Basin Inc. 13, 46 to construct a sign ......................................... 14.96 17—Ordinance No. 2-77 An Ordinance amending Ordinance No. 48.70 known as the Plumbing Ordinance by repealing Sections 11, 13, 19, 22 and 14 thereof and re-enacting these sections as revised in lieu thereof; to provide for; an apprentice registration fee to increase permit fees, license fees, and license examination fees; requiring a permit and fee for the installation. changing, replacing, or repair of all private water mains and services; and doubling permit fees for work commenced before first obtaining a required permit............ l7—Ordinance No. 3.77 An Ordinance amending Ordinance No. 9.62 known as the Heating, Ventilating, Air -Conditioning. and Re frigeration Code, by repealing Section 1.8.4, 1.9.6, 1.9.13, 1.10.2 and 1.10.4 thereof re-enacting these sections as revised in lieu thereof; providing for an increase in permit fees, certificate of registration fees, certificate of competence fees, certificate of competency examination fees and requiring double permit fees when required permits are not obtained prior to commencing said work ..................... 17—Ordinance No. 4.77 An Ordinance 14. 49 revising Ordinance No. 30-72 known as the Electricians' Registration Ordinance by repealing Ordinance No. 30 72 in its entiret,v and re -enacting the following in lieu thereof; to provide for the examination ;and registration Of Electrical Contractors, Journeymen Electricians, and Main tenance Electricians, and the collection of fees, and to est blish Electrical Examining Board violations hereof...... • , and to Provide penalties for 17—Ordinance No. 5.77 An Ordinance revising No. 31.72 known as the Electrical Ordinance 14, 52 by repealing Ordinance No. 31-72 in its entirety and re-enacting the following in lieu thereof; to provide for the adoption of an electrical code by reference; regulating the practice materials, and fixtures used in the installation, maintenance, extension, and alteration of all wiring, fixtures, appliances, and appurtenances i trical systemn connection with various else s; to provide for the enforcement of the code by creating the office of electrical inspector, the appointment of a n electrical inspector, the issuing of electrical permits, the collet tion of permit fees, to establish an electrical appeals board and to provide Penalties for violations hereof...... , , ..... 14, 17—Ordinance No. 8-77 An Ordinance creating and establishing TV FM Cable Advisory Commission..... 55 a , 17—O'Connor, Brooks & Co., authori d 15,93 AUDIT SERVI'Ft' ES for Downtown t enteer into a Contract for Project No, lows R 15..UrbRenewal Project, Feb. 7—"Office Education Week" week c.( Febr 29 7—Ordinance No. 677 February 6 to 12....... , 3349 known as the '•7'Araffi) Code nof Dubuque, Iowce amending radinance No, 43 ed, by repealing subsection hof Section 8.1 thereof and enacting a new subsection B to lection 8.1 in lieu thereof eslabliahing a speed limit on Dodge Street. from Bluff Street to I>y tabvon Drive, . 61 INDEX -BOOK 107 1977 SUBJECT Parte " 7—Ordinance No. 777 An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque. Iowa" as amend• ed by adding a new subsection 113 to Schedule VI thereof to prohibit parking of motor vehicles on the South side of Wooten Street from Hill Street to McClain Street and on the north side from McClain Street east wardly for a distance of 165 feet...... 62,92 " 7—Ordinance No. 9.77 An Ordinance to require the disclosure of retail distributors of retail unit prices of consumer commodities; to prescribe the duties of Director and to provide penalty for violation hereof ........................................... 62,95 " 21— Ordinance No. -77 An Ordinance amending and changing Or- dinance No..32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to enact a new Section 5.108 of Article V thereof, to set forth provisions therein providing for regulation, requirements and the definition of Adult Enter- tainment Establishments .................................. 94 " 21 —Ordinance No. 19.77 An Ordinance fixing and establishing the salary for the Mayor of the City of Dubuque. Iowa ............. 94, 163 " 21 —Ordinance No. 20.77 An Ordinance fixing and establishing the salary for the members of the City Council of the City of Dubu- que,Iowa................................................. 94.164 Mar. 10—O'Brien, Paul & Sheri, by Hawkeye Security Insurance Co. Notice of Claim ........................................... 121 " 10—Ordinance No. 11-77 An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amend- ed by adding a new subsection 32 to Section A of schedule I'll thereof to provide that eastbound and westbound vehicles on west lith St. must stop before entering the intersection of WalnutSt ................................................ 122 " 21—Ordinance No. 21-77 An Ordinance repealing Section 27-37 of the Code and enacting a new Section in lieu thereof to prohibit the use of liquor in parks; repeal Section 27-55 and enact a new Section in lieu thereof governing use of bicycles. motorcycles etc. in city parks; repeal Section 27.62 and enact a new Section in lieu thereof to provide for open season and hours in city parks ................................................. 138.165,179 " 21—Ordinance No. 12.77 An Ordinance granting Robert J. Kehl the right to construct a sanitary sewer to the Roberts River Rides in the Extension of East Second Street and providing the terms and conditions thereof ..................................... 139 " 21—Ordinance No. 17.77 An Ordinance vacating a portion of Water Street running from the S.P.L. of Dodge St. to the S.P.L. of Lot 2 of Lot 17 of Dubuque Harbor Addn........................ 140, 156 " 21—Ordinance No. 14.17 An Ordinance of the City of Dubuque, Iowa, providing for the repeal of Subsection (h) of Section 25-220 of the Code of Ordinances, City of Dubuque, Iowa and enacting a new Subsection (b) of Section 25-220 in lieu thereof to establish speed limits generally in the City of Dubuque ................. 141, 152 " 21—Ordinance No. 28.77 An Ordinance of the City of Dubuque, Iowa, providing for the repeal of Section 25-307 of the Code of Ordinances, City of Dubuque, Iowa, and enacting a new Section 25.307 in lieu thereof to provide time and fee schedule for specific parking lots in the City of Dubuque ............... 141, 153,210 " 21—Ordinance No. 15-77 An Ordinance of the City of Dubuque, Iowa providing for the repeal of Section 25-304 of the Code of Or- dinances, City of Dubuque, Iowa, and enacting a new Section 25-304 in lieu thereof designating the various municipally owned parking lots in the City of Dubuque ........................ 141, 159 " 21—Ordinance No. 29-77 An Ordinance of the City of Dubuque. Iowa, providing for the repeal of Section 25.327 of the Code of Ordinances, City of Dubuque, and enacting a new Section 25-327 in lieu thereof to provide fee schedule in the respective parking meter districts in the City of Dubuque ................... 141, 154, 211 INDEX -BOOK 107 1977 SUBJECT Page " 21—Ordinance No. 1677 An Ordinance of the City of Dubuque. Iowa, providing for the repeal of Section 2..5-M of the Code of Ordinances. City of Dubuque, Iowa and enacting a new Section 25.326 in lieu thereof to provide for the establishment of three parking meter districts in the City of Dubuque............... 142, 154 " 21—Ordinance No. 1377 An Ordinance amending Ordinance No. 5576 by striking the third paragraph of the preamble thereof and enacting a new third paragraph in lieu thereof to strike Sec- tion 366.7 therefrom and insert in lieu thereof Section 390.8.... 142 Apr. 4—O'Dowd, Patrick, Sidewalk Construction continuation bond sub. mitted................................................... 151 " 4—Ordinance No. 18-77 An Ordinance establishing a Historic Pres. ervation Commission for the City of Dubuque, Iowa, and pro viding for the establishment of Historic Preservation Districts, and defining powers and duties in association therewith....... 158 4—Ordinance No. 26-77 An Ordinance amending and changing Or dinance 3275 known as the Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa, by enacting a new Section 1103, "Application of District Regulations", of Article 1, to provide for the uniform application of regulations to each class or kind of structure or land within each district ........................ 162.207 4—Ordinance No. 2777 An Ordinance amending and changing Or. dinance No. 32.75 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa so as to reclassify .58 acres in Powers Place from R-2 Residential District Classification to R,3 Residential District Classification ........................... 163.208 " 4 —Oswald, Louis et al objecting to new closing time of parks...... 165, 179 18—O'Brien, Police Chief, relative to closing time of parks......... 179 " 18—Ordinance No. 2277 An Ordinance of the City of Dubuque. Iowa providing that the Code of Ordinance. City of Dubuque be amended by repealing certain Section of Chapter 21 and enac ting and adding new Sections to Chapter 21 (HUMAN RIGHTS( ................................................. 1k1 "l8—Ordinance No. 23-77 An Ordinance of the City of Dubuque. Iowa, providing for the repeal of Section 25-269 of the Code of Ordinances, Citv of Dubuque, Iowa, and declaring same to he null and void and of no effect. (Parking on streets that are cleaned) .............................. , ]84 18—Ordinance No. 2477 An Ordinance of the City of Dubuque. Iowa providing for the repeal of Section 25270 of the Code of Or dinances, City of Dubuque, Iowa and declaring same to be null and void and of no effect. (Restricted parking spaceO.......... 184 18—Ordinance No. 25-77 An Ordinance of the City of Dubuque, Iowa, providing for the repeal of Section 25-272 of the Code of Ordinances, City of Dubuque, Iowa and declaring same to be null and void and of no effect (Driving on private property without consent of owner prohibitedl....... , 18—O'Brien, Police Chief, relative to enforcement of Noise Or185 dinance. ...... 18—Ohnesorge, Karen and Kayla Smith granted Liquor License lA6 Cigarette License & ..................... May 2—O'Connor. Rev, John, invocation given by same, ' ' ' ' " 198, 325 . , , .. 2—Ordinance No. 34-77 An Ordinance amending203 dinance No. 3275, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", which amendment shall zone and classify territory recently annexed to the City of Dubuque. Iowa, in "Harwood Place", in a C•3 Arterial Business Commercial District ....................................... 209, 254 2 --Ordinance No. 3677 An Ordinance amending and changing Or. dinance No. 3275, known as the "Zoning Ordinance. and Zoning Map of the City of Dubuque, Iowa" which amendment shall none and classify territory recently annexed to the City of Dubuque. Iowa, known as the Manternach Property on Peru Road, in resi dential district classification............. INDEX -BOOK 107 1977 SUBJECT Page " 2—Ordinance No. 35-77 An Ordinance amending Zoning Ordinance to rezone and classify recently annexed property in Henschel's Black Forest in an R-1 Residential District Classification....... 212,255 " 2—O'Dowd, Patrick, Construction Co., awarded contract for Inter- connection of 14th St. and the intersection of 16th & Elm St. to theC.B.D. System........... ........ .................. 214 " 16—Operation New View to discuss funding allocations............ 223.246 " 16—O'Connor, Francis J., relative to objections to Sunset Ridge Subd.............. ......... ..... ............ 224 " 16—Ordinance No. 30-77 An Ordinance authorizing Paul J. Uhlrich to construct steps at 72914 Lincoln Ave...................... 227 " 16--Ordinance No. 40.77 An Ordinance providing that Code of Or- dinances be amended by adding a new chapter to be numbered 121A creating a Civic Center Commission............. 228, 247, 261, 297 " 16—Ordinance No. 37.77 An Ordinance vacating the alley between Wall and Pine Sts. extending westerly from Market Square and terminating at Cypress St.. .......... ... .... ........ 228,258 " 16—Ordinance No. 31.77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa be amended by revising Section 25-88 of said Code to pro- vide that overweight and overlength Illinois trucks to legally pick up and/or deliver in Dubuque pursuant to Authority of Sec. 321.457 of Code... ..... .. .... 229 " 16—Ordinance No. 32-77 An Ordinance of the City of Dubuque, Iowa, amending the Code of Ordinances of the City of Dubuque, Iowa, by adding a new Division 6 to Article VIII of Chapter 25 thereof to establish specially designed parking places for the handicapped in the City of Dubuque, Iowa... .............. 230 " 16—Ordinance No. 33.77 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 27.63 pro- hibiting motor vehicles to enter Eagle Point Park after 10:00 o'clock P.M... ...... ...... ... .............. 231 " 16—Old Creamery Theatre Company of Garrison. Iowa agreement with same and City for performances in 5 Flags Theatre....... 244 June 6—"Operation Friendship Week", July 12th to 20th.............. 252 " 6—Ordinance No. 38-77 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances of the City of Dubuque, Iowa, be amended by providing for the repeal of Sec- tion 21.80 of the Code of Ordinances of the City of Dubuque, Iowa and declaring same to be null and void. (Notice of com- plaint to state commission; Civil Rights Commission).......... 260 " 6—Otting, Eugene A. granted Cigarette License & Liquor License. ...... ..... .... ........... 284,327 .................. " 6—Osco Drug Inc. granted Cigarette License & Beer Permit...... 284,628 " 6—O'Neill, William granted Cigarette License & Refund......... 284, 585 " 15—Ordinance No. 39.77 An Ordinance of the City of Dubuque, Iowa providing that the Code of Ordinances of the City of Dubuque. Iowa he amended by adding a Section to be numbered Section 2-9 providing that the City Council of the City of Dubuque, Iowa shall he and act as the Board of Health of the City of Dubuque, Iowa.. ................................................ 287 " 20—Ogaard, Gertrude, petitioning for suspension of taxes......... 294 " 20—Ordinance No. 00.77 An Ordinance amending and changing Or- dinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa so as to reclassify Lot 13 and Lot 14 of Block 1 and a portion of Lot 2 of 1 of 1 and a portion of Lot 2 of Lot 15 Birch Acres from R-3 to R-2 Residential Class- ification. (WITHDRAWN)............ ....... 300,375 " 20—Ordinance No. 48-77 An Ordinance amending and changing Or- dinance No. 32.75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa" so as to reclassify Lot 1 of the Sub, of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot I in "Clarence Polfer Place" in the City of Dubuque, Iowa, from C-3 Arterial Business Commercial District Classification to ORA "a" Office- Residential District Classification. (Baumhover).............. 301.375 INDEX -BOOK 107 _ 1 — SUBJECT Page No. 0077 An Ordinance amending ,+nd changing Or .()---Ordinance dinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa", so as to reclassify Lot 1, Lot 11, Lot 12, and Lot 19 of McClain Subd. in the City from R 1 Residential District Classification to R 3 Residential District Classification. (DENIED)............. ................... 302 20–Ordinance No. 0077 An Ordinance amending and changing Or dinance No. 3275, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to reclassify Lot 2 of Lot 1 of Lot 4 and Lot 2 of Lot 1 of Lot 7, of the NE'/. tier. 16. TRW R2E of the 5th P.M. IJahnkel (DENIED1............... :302 " 20–Ordinance No. 50-77 An Ordinance amending and Changing Or dinance No. 3275 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa", so as to reclassify Lots 9 through 19 of "Jaeger Heights Subd" from R 4 Residential to R-2 Residential District Classification ....................... 303, 377 20–Ordinance No. 49-77 An Ordinance amending, and changing Or. dinance No. 3275, known as the "zoning Ordinance and Zoning Map of the Citv of Dubuque. Iowa" which amendment shall zone and classify Lot 20 and Lot 21 of "Jaeger Heights" and Lot 2 of the Sub. of Lot 2 of Lot 2 in ' :Srhrup's Subdivision" recently an nexed in an R-2 Residential District Classification............. 303.376 20–Ordinance No. 4177 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$09 of said Code, providing that vehicles stop before entering those streets or parts of streets designated as Through Streets...... 304 20—O'Dowd, Patrick, completion of 11th tit. & Jefferson Park Steps. ...........I....................... ...I............ .... 307 " 20—O'Dowd, Patrick, awarded contract for Construction of Cooper Place Steps.. ................. ....................... 309 20–O'Hara. Richard granted Cigarette License.................. 324 20–Oxberger, Ruth granted Cigarette License & Liquor License... 324. 445 20–Oeth, Peter J., granted Cigarette License .................... 325 20–O'Hara, John & Patrick granted Cigarette License............ 326 July 5–O'Brien, Mrs. Kathryn, objecting to raising of parking fees..... 332 5–Osterhaus, Mrs. Lucy, suggesting taking busses off in nighttime and inaugurate service on Sunday ........................... 333 5–O'Malley. Thomas J. and Ruth F.., represented by Atty. Donald Breitbach, objecting to paving of Wilbur St. and assessment... 139.481 5–O'Dowd, Patrick T., awarded contract for construction of Alta Vista St. Curb and Gutter Replacement ...................... 345 5–O'Connor to audit transactions of the Water Utility. Parking and Sewage Facilities for period of July 1, 1976 thru June 30, 1977 ............................ ..... 18–O'Brien, Rev. of NativityChurch. invocation given by same.... 345 371 18–O'Brien, Tim relative to market study of the Downtown Area.. 18–Ordinance No. 37:3 57-77 An Ordinance authorizing Lloyd S. Gudenkauf to construct a reinforced concrete wall between Ad air & Dexter St .................... 378, 18–Ordinance No. 5177 An Ordinance authorizing Paul Peckosh to 407, 431 construct an ornamental Iron Fence.... .. I ..... I ........... 18–Ordinance No. 5277 An Ordinanee of the City 378 of Dubuque, Iowa, providing that the Code of Ordinances. City of Dubuque. Iowa be amended by revising subsection 21 and subsection 41 of Section 25-209 of said code; providing that vehicles stop before entering those streets for parts of streets designated as through street Wast 16th St. and Kerper Blvd.)....................... 18–Ordinance No. 5377 An Ordinance 379 of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque. low", he amended by revising Section 25162 of said Code: pro viding that heavy vehicles he prohibited on Certain Streets (Grandview Ave. and Kelly Lane)........ . 18–Ordinance No. 55 77 An Ordinance vacating . 16' wide alley run ning from N.Y.L. of Putnam St. to the S.P.L. of 28th Street within the FI RU Place and South Park Hill Subdivision........ 1381. 405 INDEX -BOOK 107 1977 SUBJECT PAOP 18—Ordinance No. 56-77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, he amended by revising Appendix A thereof, also known as the "Zoning Ordinances and Zoning Map of the City of Dubu- que, Iowa which amendment shall establish a "Planned Unit. Development" designation on M.L. 323 and M.L. 324 and O'Neills' Riverview Addn.(HOMZ).......................... 381 Aug. 1 —Ordinance No. 54-77 An Ordinance amending and changing Or- dinance No. 32.75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to reclassify portions of Mineral Lot 100 from ORA Office Residential District Classifica- tion to C-4 General Commercial District Classification (Pfohl). 337,404 1 —Ordinance No. 58.77 An Ordinance amending and changing Or- dinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to reclassify certain property in "Birch Acres" Subdivision from R-3 Residential District Classification to R-2 Residential District Classification. 408,457 1 —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, by repealing Section 4.114.2 thereof, and by enacting a new Section 4.114.2 in lieu thereof providing for principal permitted uses in the C-3 Arterial Business Commercial District (Inns of Iowa).......... 407,459 1—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 thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubu- que. Iowa" by reclassifying portions of L. H. Langworthy's Addn. from R-4 Residential District to C-4 General Commercial District Classification. (Winders) ............................ 408.460 1—Ordinance No. 59.77 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa he amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubu- que. Iowa", by reclassifying portions of the Edwards' Property known as Patricia Anne Suhd., from AG Agricultural District to R-2 Residential District and R-4 Residential District Classifica- tion. (Edwards) ............................................ 409,457 15—Ordinance providing that the Code of Ordinance, City of Dubu- que, Iowa, be amended by enacting a new Section 32.1 to regulate Highway Crossings. (NO ACTION TAKEN)......... 432 31—O'Brien, Police Chief relative to blocking Keyway Dr.......... 448 Sept. 6—O'Neill, M. J., relative to posting sign on J.F.K. Rd. indicating speed limit ............................................... 454,505 6—Ordinance No. 67-77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances. City of Dubuque. Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubu- que. Iowa" by reclassifying portions of property on the west side of the 2300 Block of Central Avenue from C-3 Local Service Commercial District to C-3 Arterial Business Commercial Dis- trict Classification(Tegeler)................................ 461,505 6—Ordinance No. 68.77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubu- que, Iowa" by reclassifying portions of Mineral Lot 237 and Mineral Lot 243 from AG Agricultural District Classification to C 3 Arterial Business Commercial District Classification. 1Theisen property) ........................................ 462,506 19 --Option, UUBUQUE DISPOSAL, to renew same for City Gmeag................................................... 481 INDEX -BOOK 107 1977 SUBJECT 19 --Ordinance No. 62 77 An Ordinance of the City of Dubuque, lows 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 env one time on Fifth Street from Iowa Street to Locust Street. 482 19—Ordinance No. 63.77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, he amended by revising subsection (b) of Section 25210 of said code, providing that vehicles atop before entering those in tersections designated as Stop intersections ................. 482 19 --Ordinance No. 64-77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, he 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 .................... 484 19—Ordinance No. 6977 Vacating a portion of Ruth St, abutting Lots 1.2 and Lots 13-15 in Kings Grove Addn. in the City of Dubuque................................................. 485. 507 19—Ordinance No. 00.77 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances. City of Dubuque, Iowa, be amended by revising Section 25.257 of said Code; pro viding that a vehicle displaying a valid parking sticker to park a motor vehicle upon those streets or portions of streets designated as two hour time nines and shall he exempt from subsection (al and (ht of Section 25-257. (NOT ADOPTED)...... 485, !i07 19—Ordinance No. 00-77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances. City of Dubuque. Iowa, he amended by adding a section to he numbered 25.333. providing fora vehicle displaving a valid parking sticker to park a motor vehicle upon the streets of the City of Dubuque in park ing meter districts A, B and C and shall he exempt from the pro- visions of Section 25327 and Section 25.328 (NOT ADOPTFD).. 485,507 19—Ordinance No. 6577 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 26326 of said Code to limit parking to not longer than ten hours on both sides of Fourth Street between Locust Street and Bluff Street and on the north side between Iowa Street and Locust Street........... 485 19—Ordinance No. 6677 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances. City of Dubuque. Iowa, he 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 Fast Fourth Street het ween White and Central and on the south side of West Fourth Street between Central Ave. and Locust Street .............. 486 Oct. 3—Ordinance No. 7277 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances. City of Dubuque, Iowa, be amended by revising Appendix A thereof, by reclassi tying portions of the Dubuque Development, Inc., property from AG Agricultural District to R 2 and R.3 Residential District Classifications (Siegert & Tschiggfrie) ........... . ........... 509, 559 3—Ordinance No. 7177 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, low", he amended by revising Appendix A thereof by reclassi Eying the Anthony Property on Roosevelt Road from AG Agricultural District to R 2 Residential District Classification (A & H Development) .............. 3 --Ordinance 7077 An Ordinance of the City of Dubuque. Iowa, 5W 559 providing that the Code of Ordinances. City of Dubuque. Iowa he amended by revising Appendix A thereof, by reclassifying the Tschixgfrie Horsefield Property on Dodge Street from A(: Classification Agricultural District to C,3 Arterial Business District .. . 17 —Obscenity law ......sed Cit .. ............................ illl, fifi8 Y Rockford, Ill. submitted....... r 13 INDEX -BOOK 107 1977 SUBJECT Pace 17—Ordinance No. 73-77 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, he amended by revising Appendix A thereof by enacting a new Section 5-108 of Article V, thereof, providing for regula- tion requirements and the definition of Adult Entertainment Establishments..... ... ..... ... ....... 533,561 ... .... ..... ... .... 17—Ordinance No. 74-77 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, be amended by revising Appendix A thereof by reclassi- fying Lot 18 of the Finley Home Addition from R-3 Residential District Classification to ID Institutional District Classification (Finley Hospital)......... .. ......................... 5,94. 563 17—O'Hara, J & P. Inc. granted Beer Permit.. ......... ...... 544 Nov. 17—Ordinance No. 75.77 An Ordinance approving release of interest in Lot 2 of 1 of 1 of 2 of 1 of 7 in Pell's Sub. and sold to A & H De- velopment Inc..... .......... .. .. ... .. 563.579 17—Ordinance No. -77 An Ordinance providing that the Code of Ordinances be amended by adding a Section to be numbered 20-30 creating a Housing Code Committee for the purpose of re- viewing and recommending to the City Manager and City Coun- cil Housing Code Standards and enforcement procedures...... 563.581 21—Our Redeemer Lutheran Church opposing J.F.K. Road Im- provement. ....... .... ..... 574 ...... ... . ... .. 21—O'Rourke, Tatiana, Notice of settlement for personal injury claim. ........ ... .............. 578 21—Ordinance No. 78-77 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances. City of Dubuque, Iowa, be amended by revising Appendix A thereof, by reclassi- fying portions of Henschel's Subd. from AG Agricultural Dis- trict to R-1 Residential District Classification ................. 581,618 21—Ordinance No. An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, be amended by revising Appendix A thereof, by repealing Section 4.104.4 4) of Article IV and enacting a new Section 4-104.4 4) of Article IV in lieu thereof, to provide for parking and storage of automobiles in R -Districts as a Conditional Use. (NOT ADOPTED).. .. ... ........ ................ 582,618 21—Ordinance No. 76.77 Authorizing Downtown Association to con- struct a Public Address System in Town Clock Plaza.......... 582 21—Ordinance No. 77-77 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, be amended by adding a new subsection 12 to Section E of Section 25.210 and by adding a new subsection 11 to Section F of Section 25-120 of said Code, providing that vehicles stop before entering those intersections designated as Stop intersections.. 584 21—Operation Friendship requesting to solicit funds in front of li- quor stores on New Year's Eve ............................. 584 Dec. 5—Ordinance No. An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances. City of Dubuque. Iowa, he amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubu- que, Iowa" by repealing Section 4-109.2 thereof, and by enacting a new Section 4-109.2 thereof, providing for Principal permitted uses in the Or -1 Office Residential District (Beauticians, cosme- tologists and barbers). INOT ADOPTED in 1977) ...... . ....... 605 19—Ordinance — An Ordinance of the City of Dubuque, Iowa pro- viding that the Code of Ordinances, City of Dubuque, be amend- ed by revising Appendix A thereof, by reclassifying portion of "Birch Acres" from R-3 Residential District to R-2 Residential District Classification. (Adopted in 1978) ..................... 619 19—Ordinance No. — An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, he amended by revising Appendix A thereof, by reclassifying portions of property in Coriell's Dubuque Addition from R-4 Residential District to OR -1 Office -Residential District (Smith & Felderman).(Adopted in 1978) .............................. 620 INDEX -BOOK 107 1977 SUBJECT Page 19—Ordinance — An Ordinance of the City of Dubuque, Iowa, pro viding that the Code of Ordinances, City of Dubuque. Iowa, he amended by revising Appendix A thereof, by enacting a new Section 8-102.1 and Section 8-103.4 in lieu thereof to change the number of affirmative votes required for approval of amend ments by the Planning & Zoning Commission, following a public hearing. (Adopted in 19781 .................................. 020 19—Ordinance — An Ordinance of the City of Dubuque. Iowa, pro vidinq that the Code of Ordinances. City of Dubuque. Iowa, he amended by revising Appendix A thereof, to enact a new Sec tion 3104.1 of Article III in lieu thereof, to establish provisions for limiting the number of buildings, structures, and uses on a zoning lot in residential or offiee-residential districts. (Adopted in1978) .................................................. 621 19—"Operation Paintbrush," CDBGF to be transferred to said Proj ect....................................................... 62:1 19—Ordinance No. 7977 An Ordinance of the City of Dubuque. Iowa, providing that the Code of Ordinances. City of Dubuque, Iowa, be amended by enacting a new Section 21.41 in lieu there of to provide for Sex and Age Categories as to exception to Re tirement plans; Enacting a new Section 21.48 in lieu thereof to add age category as to when prohibited practices, as to accom modations or services, shall apply; Enacting a new Section 21-56 to add age category relating to prohibited practices as to em ployment; Enacting a new Section 21-64 in lieu thereof to add age category relating to prohibited practices as to housing..... 630, 6:11 INDEX -BOOK 107 1977 SUBJECT Page Jan. 3-Pregler, Walter A., appointed to fill unexpired term of Alvin E. Lundh,as Councilman ............................ .. .1, 149-A " 3 -Pease. Kenneth R., submitting copy of resignation of Wesley Schlotzhauer Jr. from the Library Board ..................... 3 " 3 -Planning & Zoning Commission appointments ................ 8,247 " 17-Pregler, Walter A., recipient of Service Award ............... 9 " 17 -Playground & Recreation Commission submitting minutes of their meetings ............................................ .............. 9, 88, 118, 134, 149-A, 203, 252, 332.401, 452, 503, 555, 603 " 17 -Palm, Kenneth to purchase certain city property located on the northerly side of Kaufman Ave. just west of Grandview Ave. 11, 63,100 " 17 -Planning & Zoning relative to OR -1"a" zoning classification on J.F.K. Road ........ ............. ..... ............... 13 " 17 -Planning & Zoning relative to provide for and authorizing issu- ance of Conditional Use Permits ............................ 13,46 " l7 -Plumbing Ordinance, amending same ........................ 14, 47 Feb. 7 -Planning & Zoning Commission submitting minutes of their meetings ................ ..................43.88,118,134. 150, 176, 203, 221.252, 292, 332, 371, 401, 426, 452, 531, 555, 574, 603. 615 " 7 -Public Notice of finding of no significant effect on the Environ- ment for project identified as the Hill St. Community Develop- ment area ............ .. .... ........... ..... .... 44 " 7 - Planning & Zoning submitting Ordinance to establish provision governing uses in areas of historical or architectural signifi- canee. ... ........... .... ........ ... ....... .. 45,157 " 7-Pregler, Walter resigning from Community Development Com- mission.... ........ .... 86 " 21- Parking for Handicapped, request for Ordinance for same... 97, 120, 230 " 21 -Park Board approving plan of Avon Park and application for Federal Funds .................... .... ............. 105 " 21 -Planning & Zoning approving final plat of Helle Subd.......... 108 " 21 -Planning & Zoning recommending approval of final plat of por- tion of Cedar Lake Addition ............. ..... ... .. 110 " 21 -Plastic Water Main pipe, relative to installation in Cedar Lake Addn.................................................... 110,113 " 21- Petitgout, Charles E. Jr., granted Cigarette License.......... 111.284 Mar. 10 -POLICE DEPT., Civil Service Commission submitting second list of applicants eligible for appointment to same ............. 119 " 10 -Planning & Zoning advising of public hearings on rezoning re- quests by McClain and Powers Land Development Co. 120, 136, 163, 301 " l0 -Parking Fees Downtown, requests not to raise same.......... 120,332 " 10 - Priest, John, Notice of Car damage claim ..................... 121 " 10 -Planning & Zoning recommending approval of plat of Subd. of Lot 3 of "Stone Hill Community Subdivision No. 1." ........... 123 " 10 -Public Service Employment Program under Title VI of PL 93-203, authorizing the Mayor to sign a contract for administra tion and Operation of same ................................. 128 " 10 -Public Works Director Murray relative to labor negotiations services with Mr. Steven B. Rynecki ......................... 130 " 21-Pennel, Captain Barbara, of Salvation Army, invocation given bysame .................................................. 134 " 21 -Planning & Zoning advising of public hearings for rezoning re- of Theisen Bldg. Co. and Richard Henschel, Harold Con - quests zett and David Willoughby ................................. 137 " 21 -PARKS, prohibiting the use of liquor in same ............. 138, 165, 179 " 21 -PARKING RAMPS, City Manager requesting approval of park- ing rates increase ............................... 140,152,210 " 21 -Parking Rates for parking lots and parking meter districts in- crease ............................................ 141.152,210,481 " 21- Planning & Zoning approving plat of Lot C and Lot D of Terrace Heights Subd. on Peru Road. IManternachl.......... ......... 144 Apr. 4 -Powers, Eldon, in favor of Washington Street Diverters....... 152 " 4 -Preservation, Historical, Ordinance for same submitted....... 157 INDEX -BOOK 1977 SUBJECT _— _Page " 4—Planning & Zoning relative to Ordinance including "Application of District Regulations" .................................... 162 " 4 — "Powers Place" requesting running on .58 acre parcel......... 163, 20P " 4—Park Board submitting resolution adopting proposed amend ments to the Park Board Ordinance ...................... 164, 178, 231 " 4— Pusateri, Michael, refund on Cigarette License & Liquor Li cense.......................... ...................... I&5. 232 " 4—Planning & Z,oning approving plat. of Lots 1 and 2, each in Block 6 in "Timber Ridge Addition' IHenschell. .................... 166 " 4—Palmer, Richard E. granted Beer Permit ..................... 173, 445 " 4—POLICE Labor Force negotiations fact finders report go to ar hitration................................................. 175 " 18—"Performing Arts Month" month of May ................... 176 " 18—Plastic Pipe allowed for public water supply projects.......... 177 " 18 —Planning & Zoning approving plat for property lying south of Kane Street and north of Kaufmann Ave, on the southerly ex tension of Mesa Drive ...................................... 193 " 18—Planning & Zoning approving plat of part of "Highland Farm" located on south side of West 32nd St. north of Arbor Oaks..... 194 " 18—Planning & Zoning approving plat of part of John P. Mettel Subd. No.2............................................... 194 " 18—Planning & Zoning approving part of "Jaeger Heights.......... 195 May 2—Park Board recommending no incoming traffic into Eagle Point Park after 10 P.M ......................................... 204 " 2—Palm, Cletus, Sidewalk Bond submitted ...................... 205 " 2—Planning and Zoning relative to rezoning request of Thomas & Gerald Swift for Equestrian Heights ................. 206, 240, 2.56, 270 " 2—Planning & Zoning recommending rezoning of "Harwood Place" to G3 Arterial Business Commercial ........................ 209 " 2—Planning & Zoning recommending rezoning of parcels of proper ty owned by Manternach Development. Company ............. 209. 275 " 2—Planning & Zoning being against establishment of R 1 District and favors permanent continuation of Agricultural Zoning on Portions of Henschel's Black Forest ......................... 212 " 2—Planning & Zoning approving plat of Lot 2-2-2 of M.L. 2&3 and Asbury Springs Subd. No. 4. ISchnorenberg and Powersl... " 217 , , , 2—Prisoners, agreement with City and Dubuque County relating to maintenance of same confined in the Law Enforcement Cen ler...................... ....... " 16—Planning & Zoning recommending denial of request of Mrs. 219 Lavon Duscher to reclassify Lot 34 of O'Neill's Riverview Addn. 16—Planning & Zoning advising of rezoning 222 requests from Richard & Marian Bissell, Dennis Baumhover, "Birch Acres", Wm. & Virginia Jahnke and "Jaeger Heights.......... .. 16—Peterson, Lloyd 1," settlement of personal injury claim........ 222 301 16—Pedretti, Harlan, notice of car damage claim.. " 225 - '* ... r .......... 16—Parking for Handicapped, providing for same " 226 ............... . . 16—Planning & Zoning approving plat of portion of Highland Farm 230 Subd..................................................... " I6—Planning & Zoning approving plats of portions of "Marilyn Place". ....... 232 16—Police and Fire Retirement System acturial report submitted to Commissioner of Insurance 1 ............... . ... . 16—Parking Ramp, Iowa Street, Expansion of same ............ .. 16—Yohlen, George Wm„ 'L42, 366 granted Beer Permit and refund......... 26—Pihart, Lester appointed to Planning 243, 382 & Zoning Commission.... J une 6— Planning & Zoning relative to rezoning requests 247 or Ed Winders, C. P. Pfohl and HOMZ Partners .................... . 6—Peoples Natural Gas submittingo annual LS,i operating report for year 1976 ................ ” 6—Pregler, Councilman requesting Ordinance re4 uirin ..... Employees to live within gall City 253 „ City limits......... , 6—Personnel Director, relative to City Employees 26'L ty limits .............. living within Ci . 6—Planning &Zoning a ............ pproving final plats of "Timber Ridge" Ad dition..... , 26'l ..................... 267 INDEX -BOOK 107 1977 SUBJECT Pace " 6 — Pregler, Councilman, relative to Housing Code Enforcement... 273 " 6 --Planning & Zoning approving plat of portion of Asbury Springs Subdivision No. 2(Powersl................................. 282 " 6 — Palmer Drug Co. granted Cigarette License .................. 284 " 6 -- Paradiso, Thelma granted Cigarette License & Liquor License. 284, 327 " 6—Parochetti. David granted Cigarette License & Liquor License. 284, 396 " 6-- Pride Service, Inc., granted Cigarette Licenses. 121............ 284 " 6 — Ponderosa Steak House granted Cigarette License............ 284 " 20—Police Promotional Exams. Civil Service Commission submit. - ling results of same ........................................ 293 " 20—Planning & Zoning approving plat of portion of "Birch Acres".. 299 " 20— Polfer Place, Clarence, relative to rezoning of same........... 301. 375 " 20—Planning & Zoning recommending denial of rezoning request. of Earl McClain. 301 " 20—Planning & Zoning recommending denial of rezoning request of Walter Jahnke ............................................ 302 " 20—Planning & Zoning recommending approval of rezoning for por- tion of "Jaeger Heights" Subd .............................. 303 " 20 — Peoples Natural Gas requesting to excavate at 1606 Rhomberg Ave. ................................ ........... ..... 306 " 20 -- Petrakis Park for Rock Concert, requested by Sertoma Club... 306 " 20—Parking Facilities Revenue Bonds, fixing a date for the initia- tion of proceedings for same ........................ 311, 346, 398, 433 " 20 —Public Works Act, City Manager advising of allocation from same..................................................... 313 " 20—Public Works Projects, listing priority of same ............... 317 " 20—Pedestrian Curb Ramps, construction of same ............ 322, 342, 383 " 20 — Piekenbrock. Roger granted Cigarette License & Liquor Li- cense. ................................................... 324,446 " 20 — Polfer, Joseph, granted Cigarette License ................... 325 " 20—Plumley. Donald granted Cigarette License & Refund......... 326,463 " 29—Pierce, Merlyn appointed to 5 Flags Commission .............. 930 " 29—Pratt, Mike appointed to Historical Preservation Commission.. 330 July 5—Peterson. Rev. Lee, invocation given by same ................ 332 " 5—Planning & Zoning recommending denial of rezoning request of Ms. Pat Klossner for ORA zoning to include beauticians.... 335, 574, 605 " 5—Planning & Zoning relative to rezoning request of Ronald L. Hixon.................................................... 335 " 5— Planning & Zoning Approving rezoning request of C. P. Pfohl at corner of 19th St. and Washington Street .................... 337 " 5—Pfeiler, Merlin J. & Rose M., objecting to paving of Davis Ave. 339 " 5— Planning & Zoning approving plat of Lots 1 and 2 of 2 of 2 of 2 of Asbury Springs Sub. No. 1 ... ..... ....................... 346 " 18 —Peoples Natural Gas advising of rate increase ................ 372 " 18—Public Works Project. submission of proposal to the Economic Development Administration ............................... 372 " 18—Parking Sticker in Downtown residential districts. Councilman Brady suggesting same ............................ 374.401, 485, 507 " 18—Peckosh, Paul, authorized to construct an ornamental Iron Fencee.................................................... 378 " 18-- Planning & Zoning approving plats in Table Mound Township for Archdiocese of Dubuque ................................ 388 " 18—Planning & Zoning approving plat of portion of Asbury Springs Suhd. No. 1 ................. ............... •, 18 — Project Concern requesting funds to cover cost of adaptation of 387 St. John's Episcopal Church to he used as Adult Day Care Cen- .......... ter................. ....---- Aug. 1 — Pregler, Councilman relative to use of City Cars .............. A 390 402 " 1 — Planning & Zoning recommending rezoning of Birch Acres..... 406 " 1 — Planning & Zoning relative to rezoning request of Inns of Iowa. 407 " 1 —Planning & Zoning approving rezoning request of T. Edwin Winders...................................... ....... .... 408 " I -- Planning & Zoning approving rezoning request of D. James & Patricia Edwards property (Patricia Anne Subd.t............. 408 " 1 Planning K. Zoning approving final plat of "Terrace Estates First Addition"(Manternach) ............................... 414 1977 INDEX - BOOK 107 ---SUBJECT-.. _ ._.. 1 -Program Administration Funds, directing the transfer of CDRGF from the Urban Renewal band Project Land 1'urcha,u tosame .......................... .... ..... ........... 415 " 1 -Planning & Zoning recommending final approval of Lots 2 thru 18 of Block 17 in Mettel-Byrne Addition ...................... 419 " 1 -Paving of South Locust from Railroad Avenue to Dodge Street, authorizing agreement between City and Iowa DOT fr same.. 421 " 1- Plumley, Donald granted Cigarette License ............. 422 " ]-POLICE DEPARTMENT Exams, Civil Service Commission submitting results of same............ . 424 1 -Pease, Kenneth appointed to Library Board ................. " 425 15-- Parks, Keg Beer in same, objections to not allowing. ......... " 427 15 -Peoples Natural Gas advising of rate increase ................ " 427 15 -Planning & Zoning, relative to rezoning request of H.R.W..... " 428, 449 15-Parkwav St., residents objecting to runoff of rainwater from Finley Hospital ...................... ..433. 487, 503 Sept. 6 -Police Department and ASAP, City Manager submitting eon tract between same ....................... ........ " 455 6 -Planning & Zoning relative to permitted uses in C3 Arterial Business Commercial District........ " 6 -Planning & Zoning relative to rezoning request of west side of 459 2300 Block of Central Avenue. ITegelerl..................... 461 6 -Planning & Zoning recommending rezoning request of Theisen. 462 6 -Parking consideration at 1099 Iowa St., requested by Senior Citizens Square Dancers ................................... " 6 -Planning & Zoning approving final plat of portion of "Mettel 462 ByrneAddn............................................... 6 -Patrol Investigator Program 465 approved ...................... 6 -Planning & Zoning approving final plat of Rosedale Addn. 468 IWillmesl......................... " 6 -Planning & Zoning approving final plat at intersection of As bury Rd. and Judson Drive. (Baptist Churchi.......... 471 , 6 -Planning & Zoninga """ ated 472 on west side of Roosevpeltvr road northOf Mt. Calvary Cemeter . 14 -Playground & Recreation Commission, 472 appointments to same. 14-I regler, Walter appointed to County Land Use Policy Commis 479 sion............................ " 19- "Pet Responsibility Week" S.ept.. 1.8th to 24th 479 ................. 19 -POLICE DEPARTMENT Exams, Civil Service Commission submitting same. " 480 19 -Peoples Natural Gas requesting to excavate at 1918 & 1926481 Rhomberg Ave ................ 19- Police & Fire Retirement Systema for fiscal year ending 6.30-77, Financial Report approved 487 ..................... " 19 -Planning & Zoning approving final plats of Stone Hill Commu nity................... 492 Oct. 3 -"Property Identification Month" Month of October, ...... , .. , . 3 -Planning & Zoning 503 approving rezoning request of Dubuque D e velopment Co. ISiegert & Tschggfriel, " . , .. , 3 -Planning & Zoning approving rezoning reyurst o(A & H fkwel opment. .............................................. 3 -Planning & Zoning approving rezoning request on Tschiggfrit- & Horsefield property 509 on 3 -PRIMARY FLECTION be ttore „ to held fill three Council Seats... 527, 3 -Planning &Zoning approving final plat of t he subdivision 1 of Lot 1 Lot Lot FA6 of of 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 22o in Section 34, T89N Mineral 17 --Project Concern for Elderly and ..tire strict code ire RHtoua 527 over enforeement e 17on t he Cit ng subsidyconcer " -Peoples Natural Gas advising " 5;11 of rate increase ................ l7-Pregier, Councilman recommending r►3i prohibiting sale of alcoholic beverages in establishmentb providing live entertainment in reference to Adult Entertainment Ordinance " 17- Planning & proposed........ Zoning relative to rezoning request of Finley Hospital for Lot 18 of Finley Home Addn...................... 533 534 INDEX -BOOK 107 1977 SUBJECT Page " 17—Public Works Project., City Manager requesting to present up- date on same ................... ... ... ....... 535 " 17 — Planning & Zoning approving final plat of Elmer Bradley et ux. 542 " 17— Planning & Zoning approving plat of Lots 1 & 2 of the Subd. of Lot 6 of Asbury Springs Subd. No. 3 (Huston) ................. 543 " 31—Plaza 20 relative to traffic problem at their west entry (Devon Dr.).......................................... ...... 549 " 31— Planning & Zoning approving two final plats for Merfeld....... 549 " 31—Planning & Zoning approving final plats for "Knob Hill" and „Knob Hill Grove..... ................................... 5.50 Nov. 7—Placke, Rose, Notice of personal injury claim ................. 557 " 7—Peterson, Sherryl E., requesting traffic lights at corner of Windsor & E. 22nd St........ ....................... 564,577 " 7 — Planning & Zoning approving plat of Siegert Farm............ 565 " 7— Planning & Zoning approving plat of"Embassy West........... 565 " 21—Peoples Natural Gas advising of rate increase ................ 574 " 21—Park in West End, requested by West End Neighborhood...... 574 " 21—Planning & Zoning to amend Zoning Ordinance to allow beauti- ciansin ORA Zoning ....... ........... ................. 576 " 21—Plumbing Board, James C. Davis appointed to same........... 577 " 21 —Pregler, Councilman relative to impatience shown by DEQ toward Sewage Plant and Dubuque Packing Co ............... 578 " 21 —Planning & Zoning approving rezoning of "Henschel's Subd:'.. 581 " 21— Planning & Zoning approving Ordinance allowing parking and storage in automobiles on property in an R -District........... 581 " 21— Planning & Zoning approving final plat of "Buena Vista Court" ..... .. .... ...... . (Licht) . ..................... .. ..... .. 585 " 21—Planning & Zoning approving final plat of "Louis H. Walter Place)) . ........................ ... ............. 587 " 21—Planning & Zoning approving final plat of portion of "Birch Acres.. ..... ............... .......... ..... ..... 587 " 21—Planning & Zoning approving final plat of Hawkeye Estates .. (Hefel). ............................ . .... .. - 591 " 21—Planning & Zoning approving portion of final plat of "Timber 21 Ridge Addn... 594 " 21— Planning & Zoning approving correction plat for Lot 4 of Block 1 of River Front Subd. No.5.................................. 595 Dec. 5—Peoples Natural Gas advising of rate increase ................ 604 " 5— Planning & Zoning advising of denial of Weitz rezoning request. 606 " 5—Planning & Zoning approving final plat of "Prairie Heights" Subdivision (west side of Roosevelt Rd. east of Stone Hill Com- munity property). (A & H) .................................. 608 " 5— Planning & Zoning directed to check Stonehill Street alignment to conform with Prairie Heights plat ........................ 610 " 19—"PEOPLE" organization objecting to Freeway being in town... 612 " 19—Pregler, Walter resigning from County Temporary Land Use Planning Commission ...................................... 616 " 19—Planning & Zoning approving rezoning of portion of "Birch Acres.. .................................................. 619 " 19—Planning & Zoning approving rezoning request of Richard Smith and Thomas Felderman .............................. 819 " 19—Planning & Zoning approving changing the number of affirma- tive votes needed for their approval at their public hearings.... 620 " 19—Planning & Zoning approving an Ordinance to establish provi- sions for limiting the number of buildings, structures, and uses on a zoning lot in residential or office -residential district....... 621 " 19—Planning & Zoning approving final plat of portion of "Takos ............. Place.......................................­**­­­ " 19— Planning & 'Zoning approving final plat of portion of High -Land 19 827 Farm. ................................................... 627 INDEX -BOOK 107 _ SUBJECT 1977 R Jan. 3—Rus4o, R. N.. appointed City Solicitor for year ................ bond submitted........ I 4 " 3—Holing, Gilbert. sidewalk continuation 3_ Rupp, James K., refund of Cigarette Permit.......... 4 " 3—Rehabilitation Loan & Grant Program in hill Street Commu 5. 11 nity Development Project Area approved .................... of same by County Highway " 17—Robin Hood Dr.. vacating portion 10 Dept ............... s. hn notice of personal injuries claim ..... 13 " 17—Reniere James, relative a to establishing TV -FM Cable Commis ... 15 Bran ..................... ............................. " 17—Reisdorf. Joseph, refund on unexpired Cigarette License & IJ quorI.icce....................................... .... . ns " 17—Repurchasing of certain land in the Downtown Urban Renewal 15.62 Project, Iowa R-15, from the Dubuque Five Flags Center Fund. 20 " 17—RECONSTRUCTION OF JACKSON STREET from 22nd to Diamond Sts.. completed ................................... 3t). 71 " 17—BECONSTRIJCTION OF JACKSON STREET from 12th to 22nd Sts.. completed ......... ........ . ................... 30. 63 Feb. 17—Revenue Sharing Funds, Public Hearing ..................... " Paul to Art Assn. to be custodian of Licciardi 44 21—Russo. relative 88 paintings................................................. " 21—Russo, R. N., Iowa Official Bond submitted ................... R9 " 21—Revenue Sharing Funds expended report ........... ...... I 90. 117 " 21—Radabaugh, Susan, settlement of personal injury claim........ 90 " 21— Ricketts, Karl P., Notice of Car damage claim ................. 91 " 21—Railroad Crossing warning signs. City Engineer advising of par- articipation ticipationwith DOT for installation of same .................. 106 " 21 —Robert's River Rides Inc., Dock Commission approving lease with same........................ ........................ 111.1.. Mar. 10—"Red Cross Month" for March .............................. 117 " 10—Richardson, Charles, Notice of personal injury claim. .... ... 121.617 " 10— Holing, Denis J., Notice of Car damage claim ............ .. 122 " 10—Ryneeki, Mr. Steven, Public Works Director Murray relative to Labor Negotiations services of same ........................ 130 " 21 —Richards. James, request for street light on Rover St. appruv ed....................................................... 1:38 " 21—RET Corp. requesting sewer services to Hamilton Glen Apart ments.................................................... 143 " 21— Release of Funds for Certain Community Development Rlock Grant Project. (Removal of architectural harriersl............ 144,333 " 21—Rehabilitation loan and Grant Program and providing rules for administration of said program, guidelines approved for same. 148. 274 " 21—Right-of way purchase, approving application to the DOT for Federal Funding of highway construction projects requiring same..................................................... 147 Apr. 4 -- Ruff, Carol. Notice of personal injuries claim ................. 152 " 4 — Rosensweig, Duane, requesting vacation of alley between King and Rroadway Streets ............................... I..... 165 " 18—"Respect for Law Week" May 1 to 7th ....................... 176 " 18—Rossiter, Paul in favor of Urban Renewal Style lighting for MainSl .................................................. 191 May 2—Revenue Sharing Funds, proposed use of same, proof of publics tion ........................... 16—Reconstruction of the Madison St, Steps report submitted by 206 Dan DittemorP.............. r ..2:3 " 16—Rehabilitation Loans and Grants Interim Assistance, authoriz Ing submission of request for release of funds for same........ " 235.295 16—Riverside. Bowl Inc., granted Liquor License ................. June 6—Hallerman, John, objecting to rezoning in Equestrian Heights. 244 256 6—Richards Road, installation of street lights requesting by Hen schel....... „ 6—Rezoning of J.F.K. Rd. from R 1 to OR l Residential, objections. 261 281 B --Ring, Richard J., granted Cigarette License .................. 6 --Riverside Bowl 284 granted Cigarette License ................... 284 INDEX -BOOK 107 1977 SUBJECT Page " 20—Roth. Art, appointed as Health Director of Board of Health.... 291 " 20—Rosedale Addn., Lot 51, Roman Szymanski requesting to pur- chase same....... ..... .......... .................. 294 " 20—Ricken, Leona, petitioning for suspension for taxes............ 294 " 20—Roth, Josephine, petitioning for suspension for taxes.......... 294 " 20—Richard, James H., resigning from Board of Zoning Adjustment. 294 " 20—Rawson, Tom relative to plat approval of Birch Acres......... 299 " 20—Rock Concert in Petrakis Park requested by Sertoma Club..... 306 " 20 — Reconstruction of Flora Park Tennis Courts, authorizing the ex- ecution and submission of a Local Public Works Capital Devel- opment and Investment Program Application for same.... 317, 492, 539 " 20—RET Sanitary Sewer Line, authorizing the execution and sub- mission of a Local Public Works Capital Development and In- vestment Program Application for same ..................... 319 " 20—Renovation of City Hall, authorizing the execution and submis- sion of a Local Public Works Capital Development and Invest- ment Program application for same ......................... 320,493 " 20 — R & S Enterprises granted Cigarette License ................ 324 " 20 — Revelle, Patricia, granted Cigarette License & Liquor License. 324, 396 " 20—Roy, Sally Jo, Granted Cigarette License & Liquor License. 324, 396 " 20 —Ramada Inn grunted Cigarette License ...................... 324 " 20—Randall's Foodarama granted Cigarette License (2) and Beer Permit .......... .. ...... ................... 324, 367, 423. 476 " 20—Regal 8Inn granted Cigarette License ....................... 325 " 20 — Roshek's Dept. Store granted Cigarette License .............. 326 " 20 — Roeth, Dolores granted Liquor License & Cigarette License... 327.368 " 29—Railroad crossings, DOT sponsoring program for improvements ofsame ..... ............................................ 329 " 29—Rehabilitation Commission, appointments to same............ 330 " 29—Recreation Commission, appointments to same ............... 330 " 29—Rosenow, Ed, appointed to Rehabilitation Commission........ 330 " 29 — Rutan, Mrs. Fred appointed to Library Board ................ 330 " 29—Reynolds, Rex appointed to TV Cable Commission............ 330 " 29—Renier, James appointed to TV Cable Commission............ 330 " 29—Russo, Paul appointed to Recreation Commission ............. 330 " 29—Rossiter, Paul appointed to Historical Preservation Commis- sion...................................................... 330 " 29—Reilly. Tom appointed to Historical Preservation Commission.. 330 July 5—Roling, Vincent advising of water problem on their property near Long John Silver property ............................. 333 " 5—Ryan's Car Wash requesting refund on Beer Permit........... 338 " 5—Revenue Sharing funds to be used for construction of Iowa Street Parking Ramp ...................................... 362,384 " 5—Ritz Lounge granted Liquor License ........................ 368 " 5—Russo, Attorney submitting opinion as to leasing of city -owned property by various Boards and Commission ................. 369 " 18—Redmond, Mrs. Ronald, Notice of sewer line claim ............. 375 " 18—Relocation of Fire Engine 1, Community Development Block GrantProject ............................................. 385 " 18—Relocation of sewer and water lines at Civic Center from Block Grant Funds .................................. 390, 402, 441, 490, 511 Aug. 1—Ruppert, Rev. Robert, invocation given by same .............. 401 " 15—Revenue Bonds, issuing of same for Finley Hospital........... 428 Sept. 6— Rohner, Mike, Notice of motorcycle damage claim ............. 456 " 14—Ryan, James E. appointed to Advisory Commission........... 479 " 14—Rohret, Michael, appointed to Youth Services Board.......... 479 " 19—"Respect Life Week" Oct. 2 to Oct. 8th ....................... 480 " 19—Roadside dumping, Advisory Commission relative to same..... 480 " 19—Report, City's Annual ending 6.30.77, proof of publication...... 481 " 19—Roby, Mark, requesting formation of a City Youth Commission. 486 " 19—REPLACEMENT OF WINDOWS IN CITY HALL. ..493, 517, 535, 547 " 19— Ramada Inn Place, approving plat of same .................... 499 " 19—Richman, Richard, grunted Liquor License & Cigarette License. 501, 528 1977 INDEX -BOOK 107 - SUBJECT Page Jan. 3 -Russo, R. N., appointed City Solicitor for year. . . I 1 3-Roling. Gilbert, sidewalk continuation bond suhnutted ....... 4 " 3 -Rupp, James K.. refund of Cigarette Permit............ 4 3 -Rehabilitation Loan R• Grant Program in Hill Street Commu nity Development Project Area approved ...... . . ............ 5 17 17 -Robin Hood Dr., vacating portion of same by County Highw•av Dept..................................................... 10 " 17-Radabaugh, Mrs. Vaughn notice of personal injuries claim..... 13 17-Renier. James. relative to establishing TV -FM Cable Commis Sion...................................................... 17-Reisdorf, Joseph, refund on unexpired Cigarette License & Li 15 quorLicense.............................................. 15.62 17 -Repurchasing of certain land in the Downtown Urban Renewal Project. Iowa R-15, from the Dubuque Five Flags Center Fund. 20 " 17 -RECONSTRUCTION OF JACKSON STREET from 22nd to Diamond Sts.. completed ................................... 17-RECONSTRIICTION OF JACKSON STREET from 12th to 30, 71 22nd Sts.. completed ....................................... Feb. 17 -Revenue Sharing Funds, Public Hearing ..................... 30.63 21 -Russo, Paul relative to Art Assn. to be custodian of Licciardi q4 paintings................................................ 21 -Russo, R. N., Iowa Official Bond submitted .............. . . . . . 88 89 21 - Revenue Sharing Funds expended report .................... 90, 117 21 - Radahaugh. Susan• settlement of personal injury claim........ 90 21- Ricketts, Karl P., Notice of Car damage claim ... . ............. 91 21- Railroad Crossing warning signs. City Engineer advising of par- ticipation with DOT for installation of same....... , , 106 , 21 - Rohert's River Rides Inc., Dark Commission approving lease withsame ................................................ 111.124 Mar1.. 10 -"Red Cross Month" for March ................. 10 -Richardson, Charles, Notice of personal injury claim.......... 121,617 10-Roling, Denis J., Notice of Cdamage claim...... 117 eetoar . 10-Ryneeki, Mr. Steven, Public Works I)irr Murray.. relative to 122 Labor Negotiations services of same.. , . • . . . . . .. . .. . . . 21 - Richards, .lames, request for street light on Rover tit. approv ed.......... 130 "71 -RET Corp. requesting sewer services to Hamilton Glen Apart menta.................................. 17)6 " 21 -Release of Funds for Certain Community I►evelopment Block Grant Project. (Removal 143 of architectural barrierst............ 144, 333 21 -Rehabilitation loan and Grant Program and providing rules for administration of said program, guidelines approved for same. 146, 274 21 -Right-of-way purchase, approving application to the LN)T for Federal Funding of highway construction projects requiring same...... ..... Apr. 4 -Ruff, Carol, Notice of personal injuries claim ............... 4- Rosensweig, Duane, 147 152 requesting vacation of alley between King andeets rWeek" 1A- for Law ..... May 1 to 7th........ . 1f1 --Rossiter, Paul 165 176 in favor of Urban Renewal Style lighting for Main St .......................... May 2 -Revenue Sharing Funds, proposed use of same, proof of ..blies tion ................... 191 16 -Reconstruction of the Madison tit. Ste s report Dan Dittemore....... p port submitted by 206 , 16 -Rehabilitation Loans and Grants Interim Assistance, authorix ing submissian of 223 „ request for release of funds for same........ 235. 295 16 -Riverside Rowl Inc., granted Liquor License........ June 6--Ratterman, John, objecting to rezoning in Equestrian Heights. 6 -Richards Road, installation of street lights rPquPsting 256 by Hen .................................... Reng R g of J.F.K. Rd. from R-1 to OR Ring, e6- _ 1 Residential, objections. Richard J., granted Cigarette LicenaP............ Riverside Bawl 761 granted Cigarette License 2M INDEX -BOOK 107 1977 SUBJECT Page " 20—Roth, Art, appointed as Health Director of Board of Health.... 291 " 20—Rosedale Addn., Lot 51, Roman Szymanski requesting to pur- chasesame ............................................... 294 " 20 — Ricken, Leona, petitioning for suspension for taxes............ 294 " 20 — Roth, Josephine, petitioning for suspension for taxes.......... 294 " 20—Richard, James H., resigning from Board of Zoning Adjustment. 294 " 20—Rawson. Tom relative to plat approval of Birch Acres......... 299 " 20 — Rock Concert in Petrakis Park requested by Sertoma Club..... 306 " 20—Reconstruction of Flora Park Tennis Courts, authorizing the ex- ecution and submission of a Local Public Works Capital Devel- opment and Investment Program Application for same.... 317, 492, 539 " 20—RET Sanitary Sewer fine, authorizing the execution and sub- mission of a Local Public Works Capital Development and In- vestment Program Application for same ..................... 319 " 20—Renovation of City Hall, authorizing the execution and submis- sion of a Local Public Works Capital Development and Invest- ment Program application for same ......................... 320,493 " 20 — R & S Enterprises granted Cigarette License ................ 324 " 20—Revelle, Patricia, granted Cigarette License & Liquor License. 324. 396 " 20—Roy, Sally Jo, Granted Cigarette License & Liquor License. 324, 396 " 20 —Ramada Inn granted Cigarette License ...................... 324 " 20—Randall's Foodarama granted Cigarette License 121 and Beer Permit.. ....... ...... .................... 324, 367, 423, 476 " 20—Regal 8Inn granted Cigarette License ....................... 325 " 20—Roshek's Dept. Store granted Cigarette License .............. 326 " 20 — Roeth, Dolores granted Liquor License & Cigarette License... 327,368 " 29—Railroad crossings, DOT sponsoring program for improvements ofsame..... .......................................... 329 29—Rehabilitation Commission, appointments to same............ 330 " 29—Recreation Commission. appointments to same ............... 330 " 29—Rosenow, Ed, appointed to Rehabilitation Commission........ 330 " 29—Rutan, Mrs. Fred appointed to Library Board ................ 330 " 29—Reynolds, Rex appointed to TV Cable Commission............ 330 " 29—Renier, James appointed to TV Cable Commission............ 330 " 29—Russo. Paul appointed to Recreation Commission ............. 330 " 29—Rossiter. Paul appointed to Historical Preservation Commis- sion...................................................... 330 " 29—Reilly, Tom appointed to Historical Preservation Commission.. 330 July 5 — Roling. Vincent advising of water problem on their property near Long John Silver property ............................. 333 " 5— Ryan's Car Wash requesting refund on Beer Permit........... 338 " 5—Revenue Sharing funds to be used for construction of Iowa Street Parking Ramp ...................................... 362,384 " 5—Ritz Lounge granted Liquor License ........................ 368 " 5—Russo. Attorney submitting opinion as to leasing of city -owned property by various Boards and Commission ................. 369 " 18—Redmond, Mrs. Ronald, Notice of sewer line claim ............. 375 " 18—Relocation of Fire Engine 1, Community Development Block Grant Project.. .... • * 385 " 18—Relocation of sewer and water lines at Civic Center from Block Grant Funds..................................390, 402, 441, 490, 511 Aug. 1—Ruppert. Rev. Robert, invocation given by same .............. 401 " 15—Revenue Bonds, issuing of same for Finley Hospital........... 428 Sept. 6— Rohner, Mike, Notice of motorcycle damage claim ............. " 14—Ryan. James E. appointed to Advisory Commission........... 456 479 " 14—Rohrel.. Michael, appointed to Youth Services Board.......... 479 " 19—"Respect Life Week" Oct.2 toOct. 8th ....................... 480 " 19—Roadside dumping, Advisory Commission relative to same..... 480 " 19—Report, City's Annual ending 6-30.77, proof of publication...... 481 " 19—Roby, Mark, requesting formation of a City Youth Commission. 486 " 19—REPLACEMENT OF WINDOWS IN CITY HALL. " 19—Ramada Inn Place, approving plat of same .................... 499 " 19—Richman, Richard, granted Liquor License & Cigarette License. 501, 528 INDEX -BOOK 107 SLIBJECT Page 1977 3—Robert's River Rides. D(xi: Comm. to investigate property for 503 Oct. parking. ............ 3—Rafoth, Eleanor .l. and Thomas A. Luksetich requesting annexa 522 tion............ 17—Rockford, City of, submitting model obscenity law by their city, Deed from same for Trenkle Prop 533 " 21—Rims Realty Inc., accepting 5a8 erty. .......................... Nov. 21—RET Corp. Sewer. DEQ submitting construction permit for 5576same.................................................... " 21--Regional Housing Authority, E.C.I.A. relative to joining same. .589. 549 De,r. 5--Railroad Crossings, favoring no more than 5 minutes waiting felt time at same .............................................. " 5— Ruan Transport Corp.. favoring no more than 5 minutes waiting time at railroad crossings................ ........ I ..... 6114 " 5—Richman, Barbara J., granted Cigarette and Liquor Licenses... 610,611 19—Ritz Lounge. The. Wm. Lammers dlbia. City Manager recd n mending public hearing be held on suspension of liquor license forsame .................................................. " 19—Retirement, Services, Employment and Housing, prohibited 616 practices for same ......................................... 630 INDEX -BOOK 107 1977 SUBJECT Page RESOLUTIONS Jan. 3—Resolution No. 1.77 Appointing Walter A. Pregler to fill unex pired term of Alvin F. Lundh on the City Council ............. 1 " 3—Resolution No. 2.77 Providing for the appointment of a City Manager, City Clerk. and City Solicitor for the City of Dubuque, Iowa; Providing for their bonds, and fixing their salaries....... l " 3—Resolution No. 3.77 Designating "The Telegraph Herald" as the Official Newspaper of the City of Dubuque. Iowa .............. 2 " 3—Resolution No. 4-77 Naming Amer. Trust & Savings Bank, Dub. Bank & Trust Co., First Nat. Bank of Dubuque and Key City Bank & Trust Co. as depositories ............................ 2 " 3—Resolution No. 5.77 Commending Iowa DOT for Increased Plan- ning and Construction of Freeway 520 ....................... 3 " 3—Resolution No. 6-77 Authorizing Publication of Notice of Envi- ronmental Review Findings for Certain Community Develop- ment Block Grant Projects. (Rehabilitation Loan & Grant Pro- gram and Emergency Home Repair Program in Hill St. area)... 4 " 3—Resolution No. 7-77 Fixing the Date of the Public Hearing for Neighborhood Improvement Plans for the Hill Neighborhood Community Development Project Area ...................... 6 " 3—Resolution No. 8.77 Accepting delivery of Warranty Deed con- veying Block 2 in "River Front Subdivision No. 2" by Mihalakis .... . .. ... ... ... and Schwartz.. ..... .... ...... ......... .. " 3—Resolutions No. 9.77, 10-77, 11-77 Granting Cigarette and Li- 6 quor Licenses ............................................. 7,8 " 17—Resolution No. 12.77 Directing the County Auditor, as Commis- sioner of Elections, to call a special election to fill the office of City Councilman at the earliest practicable time .............. 15 " 17—Resolution No. 13-77 Approving the Neighborhood Improve- ment plan for the Hill Neighborhood Community Development Project ................ 16 " 17—Resolution No. 14-77 Authorizing submission of a request for re- lease of activity for Certain Community Development Block Grant Projects (Rehabilitation Loan & Grant Program and Emergency Home Repair Program for Hill St.) ............... 17 " 17—Resolution No. 15-77 Ordering the Dissolution of the County - City of Dubuque Authority.......... 19 " 17 — Resolution No. 16.77 Authorizing the repurchase of certain land in the Downtown Urban Renewal Project, Iowa R-15, from the Dubuque Five Flags Center Fund ........................... 20 " 17—Resolution No. 17-77 Authorizing the release of Dubuque Five Flags Center Fund from the purchase of certain land in the Downtown Urban Renewal Project, Iowa R-15 ................ 21 " 17—Resolution No. 18-77 Authorizing the City of Dubuque to retain and redevelop certain lands within the Downtown Urban Re- newal Project, Project No. Iowa R-15. (For the Civic Center)... 22 " 17—Resolution No. 19.77 Authorizing the City of Dubuque to retain and redevelop certain lands within the Downtown Urban Re- newal Project. Project No. Iowa R-15. (For Right of Way Pur poses).. .............. " 17—Resolution No. 20-77 Authorizing the execution of a contract for 26 Audit Services for the Downtown Urban Renewal Project, Pro- ject No. Iowa R•15 ......................................... " 17—Resolution No. 21.77 Final Estimate for the reconstruction of 29 Jackson Street from 22nd to Diamond Street ................. 3U " 17—Resolution No. 22-77 Accepting Improvement and directing the Clerk to publish notice for the reconstruction of Jackson St. from 22nd to Diamond St ................. ..... " 17—Resolution No. 23-77 Final Estimate for the reconstruction of 3U Jackson Street from 12th to 22nd Street ..................... 91 " 17—Resolution No. 24.77 Accepting improvement and directing the Clerk to publish notice for the reconstruction of Jackson St. from 12th to 22nd St ....................................... " 17—Resolutions No. 25.77, 26.77, 2777, 28.77, 29.77 Granting Cigar- 31 e.tt.e, Beer and Liquor Licenses .............................. 31,32 INDEX -BOOK 107 1977 SUBJECT Feb. 7—Resolution No. 30 77 Approving the sale of Lot 2 of 1 1 1 1 1 1 1 of M.L. 342 in the City of Dubuque to Ken Palm in amt. of $V%. eta 7— Resolution No. 31-77 Schedule of Assessments for Jackson St from 12th St. to 22nd St. .............. ...... . ............ 63 7—Resolution No. 3277 Providing for the issuance of Street Im provement Bonds for the Purpose of Providing for the Payment of the assessed cost of the improvement and reconstruction of Jackson St. from 12th St.. to 22nd St_......................•, 69 " 7--Resolution No. 3377 Schedule of Assessment for Jackson St. from 22nd St. to Diamond St................................ 71 " 7—Resolution No. 3477 Providing for the issuance of Street Im provement Bonds for the purpose of providing for the payment of the assessed cost of the improvement and reconstruction of Jackson St. from 22nd St. to Diamond St..................... 81 7—Resolution No. 3577 Matching Resolution for Basic Law En forcement Training........................................ 83 7—Resolution No. 36-77 Preliminary Estimate for construction of Wastewater Treatment Facilities Contract 1 Terminal St. ForceMain ............................................... 7—Resolution No. 3777 Necessity for Improvement for Terminal 89 Street Force Main Wastewater Treatment Facilities Phase II Contract L ..................... 7—Resolution No. 38-77 Fixing date of hearing for Terminal St. wi, lx1 Force Main Wastewater Treatment Facilities, Phase ti Con tractI....................... 7—Resolutions No. 39-77, 4077, 41.77. 4277, 4377 Granting CiKar 84 ette, Beer & Liquor Licenses.............................84, 7—Resolution No. 4477 Approving 85, 86 agreement between DOT and City relating to grant offer to pay the State's share of the Mas ter Plan Study for Municipal Airport......... " . 21 —Resolution No, 45-77 Designating structures on hereinafter de scribed property as Historically and Architecturally Signifi cant, pursuant the Requirements of Ordinanre 117. (City l,ol 610) ............... " 21—Resolution No. 46-77 Decision of Council upon objections to plans, specs., form of contract and 47, 98 cost of improvements for Ter minal St. Force Main Wastewater Treatment Facilities Phase II, Contract I.......... 21—Resolution No. 47-77 Ordering Construction of Terminal St. Force Main........ , 21— Resolution No. 48.77 A . • • . v • n • s pproving disposal of interest of land in M.I.. 342 to Ken Palm 11x) ............. . 21—Resolution No. 49-77 Providing for the Distribution of the Code of Ordinances of the 11x1 City of Dubuque, Iowa............ 21—Resolution No. 5077 Annexing 2.264 101 acres of land in Hen schcl's Black Forest to City. (Richard Henschel)............... 21 -Resolution No. 51-77 Annexing 0.78 acres of land in Henschel'-,% Black Forest to the City (Willoughby)........ 101 21ResolutionNo. 52.77 Annexing .814 acres of land in Henschel 's Black Forest to the City (Conzett).... " 102 . 21— Resolution No. 5377 Annexing 1.413 acres u( land in "Harwo„d Place" to the City. (1st 102 Nt'I. Bank, Theisen Bldg. Co, and Merl F. Goerdt et ux.l.......... . '1—Resolution No. 54-77'Auth..orizing 103 the filing of a-n application far a Community Development Block Grant fur yue on fo the City of ............................ 21-- Resolution No. 5577 • . . ' . ........... of a r Park) (Avonfunds for acquisition and deve'lupmentn( rrcoutdoor rrecreation 1114 under the Land and Water Conservation Kramgram. .................................................... Fund Pro 21 —Resolution No. between the City of Uuhuque and the Iowa DepartmentIOb (Authorizing the execution of an agreement City Transportation for the sin Signs..... , of installation of advance Railroad (' g INDEX -BOOK 107 1977 SUBJECT Page " 21—Resolution No. 57-77 A Resolution of Assurances regarding fu- ture acquisition of right-of-way for roadway projects on the Fed- eral Aid Urban System .................................... 108 " 21 —Resolution No. 5877 Authorizing to institute proceedings for acquisition of a portion of Joseph F. & Ruth M. Siegert property. 107 " 21 —Resolution No. 59.77 Matching Resolution providing for funds for Dubuque Records Equipment ............................ 108 " 21 —Resolution No. 60-77 Approving the plat of Helle Subdivision in the City of Dubuque, Dubuque County Iowa. (Martin & Kathy Nelle)..... ............ ...... ....... ..... ... 108 " 21 —Resolutions No. 61.77, 62.77, 89.77, 64.77, 65-77 Granting Cigar- ette, Beer and Liquor Licenses.............................. 111,112 " 21— Resolution No. 2-18.77 Approving lease between the Board of Dock Commissioners and Dubuque Sand & Gravel Co. (DOCK BOARD RESOLUTION)........ ... ............ .. 110,124 " 21—Resolution No. 2.18.77 Approving lease between Board of Dock Commissioners and Robert's River Rides Inc. (DOCK BOARD RESOLUTION)........................................... 111,124 " 25—Resolution No. 88.77 Approving the plat of Blocks 1 through 7, 8 and I1 in Cedar Lake Addition in the County of Dubuque, Iowa. 110, 114 " 25—Resolution No. 67.77 Setting the date of public hearing on the Fiscal Year 1978 Budget for the City of Dubuque, Iowa........ 115 Mar. 10—Resolution No. 68-77 Approving plat of the Subd. of Lot 3 of "Stone Hill Community Subdivision No. 1" in the City of Dubu- que,Iowa.. .. ........... ... .......................... 123 " 10—Resolution No. 69-77 Approving lease agreement by and be- tween the Board of Dock Commissioners of the City of Dubu- que,dowa and Dubuque Sand & Gravel Co.................... 124 " 10—Resolution No. 70.77 Authorizing submission of a request for release of funds for certain Community Development Block Grant Projects. (Emergency Home Repair Project and Wash- ington Tool Library) ....................................... 124 " 10—Resolution No. 71.77 Authorizing submission of a request for re- lease of funds for certain Community Development Block Grant Project (Urban Renewal Project Iowa R-15 Land Purchase).... 125 " 10—Resolution No. 72-77 Authorizing submission of a request for re- lease of funds for certain community Development Block Grant Projects (Street Tree Planting and Miscellaneous Public Im- provements, including street, alley curb repair and replacement and Washington Tool Library repair)........................ 126 " 10—Resolution No. 73-77 Authorizing publication of notice of avail- ability for public inspection certain Community Development Block Grant Documents......... ....... ........... " 10—Resolution No. 74-77 Authorizing the Mayor to sign a contract 128 for the Administration and Operation of a Public Service Em- ployment Program under Title VI of PL 93-203............... 128 " 10—Resolution No. 75-77 Annexing territory in M.L. 324 containing approx. 38.10 acres of land to the City. (Manternach Develop- ment Co.).. ' " 10 — Resolutions No. 76-77, 77-77, 78.77, 79.77, 80-77 Granting Cigar- 129 ette. Beer and Liquor Licenses .......................... 130, 131, 132 " 12— Resolution No. 81.77 Adopting the Annual Budget for the Fiscal year ending June 30,1978................................... 117, 133 " 21—Resolution No. 8247 Approving lease agreement by and be ubu- tween the Board of Dock Commissioners of the City of Dubu- que,Iowa.and Robert Kehl................................. que, 138 " 21— Resolution No. 83-77 Approving the plat covering vacated Wat- er St. from the S.P.I.. of Dodge St. to the S.P.L. of Lot 2 of 17 in 140 Dubuque Harbor Addn.. • • . • • ' ' ' " 21 — Resolution No. 84-77 Accepting delivery of deeds from the Civic Center................................................... " 21— Resolution No. 85.77 Approving Plat of Lot C and Lot D of Ter 143 race Heights Subd. on Peru Road in the City of Dubuque. Iowa. (Manternach). .. " 21— Resolution No. 88.77 Authorizing submission of a request for 144 Release of Funds for Certain Community Development Block INDEX -BOOK 107 - SPRIFCT Wage Grant Project (Removal of architectural harner in the d- ,An town areal ................... . " 21-Resolution No. 8777 Approving guidelines for the concentratrd 144 Rehabilitation Loan & Grant Program and providing Rules for administration of said Program. ........................... . 21 -Resolution No. 8877 Accepting grant of easement dated March 148 3, 1977 to the City by Richard C. Henschel k Mildred L. Hen schel.................. ......... " 21-Resolution No. 8977 Authorizing Mayor cute right-of-way 148 I toex asurance statement regarding apf 1lOT for Federal Funding of highway construction projects............ 147 " 21- Resolution No. 90-77 Endorsing the Dubuque Ambassadors as sponsors for the 1977 Iowa Community Betterment Program for the City ofDubuque....................................... 21-Resolutions No 91 T7, 9277 Granting Beer Permits........... 147 148 Apr. 4-Resolution No. 9377 Approving the disposal of interest of Lori 1A of Dubuque Harbor's Addition to Mulgrew Oil Company.... 157 " 4-Resolution No. 94-77 Approving the plat of Lots f and 2. each in Block 6 in Timber Ridge Addition in the City of Dubuque. (Hen Schell... ................ 166 4-Resolution No. 9577 Repealing Resolution No. 16976 and in structing that plans for a North Fork Catfish Creek Watershed Project he abandoned ........................ 167 " 4-Resolution No. 9677 Awarding Contract for the Terminal Street Force Main Wastewater Treatment Facilities Phase 11 Contract I. (Johnson Bros. Corp.) ............................ 168 4-Resolution No. 97-77 Authorizing the execution of an agreement with Illinois Central Gulf Railroad for construction and main tenance of the Terminal Street Force Main ................... 169 4-Resolution No. 98-77 Authorizing the execution of an agreement with Chicago. Milwaukee, St. Paul and Pacific Railroad for con struction and maintenance of the Terminal Street Force Main. 169 " 4-Resolution No. 997', Approval of preliminary plans and specs. for construction of Central Ave. Street Lighting from 9th Street to 12th Street ....................................... 169 " 4-Resolution No. 10077 Necessity for Improvement for construe tion of Central Ave. Street Lighting from 9th Street to 12th Street . .................................................. 169. 188 " 4-Resolution No, 101-77 Fixing Date of Bearing for construction of Central Ave. Street lighting from 9th Street to 12th Street.. 170 4-Resolution No. 10277 Approval of plans and specs., for interron rection of 14th Street and the intersection of 161h and El", Streets to the C.B.D. System ............................... 170 4-Resolution No. 10377 Necessity for Improvement for intereon nection of 14th Street and the intersection of 16th & Elm Streets to the C.B.D. System ............................... 170,189 4-Resolution No. 10477 Fixing Date of Hearing for interconner tion of 14th Street and the intersection of 16th & Elm Streets to the C.B,D.System......................................... 171 4-Resolution No. 10577 Setting for public hearing proposed lease with Dock Commission and Dubuque Barge and Fleeting Ser- vice Company........ ..................................... 172 4-Resolutions No. 10877, 10777, 10877, 10977, 110.77, Granting the issuance of Cigarette, Beer and Liquor Licenses....... 172, 173.174 18-Resolution No. 11177 Approving proposed amendments to the Park Board Ordinance............. 178 18-Resolution No. 11277 Approving lease agreement between the Board of buck Commissioners and Dubuque Barge and Fleeting Service Company .............. 18- Resolution No. 113-77 Extending the territorial limits to include 187 Lot 1 of Lot 2 of Schrup Subdivision and Lot 2 of Lot 2 of Schrup Subd.(Jaegerl............................... 18-Resolution No. 1177 Decision of Council upon objections to 4 18? plans, specs., form of contract and cost of improvements for con struction of Central Ave. Streetbighting from 9th St. to 12th St....................................................... 188 INDEX -BOOK 107 1977 SUBJECT Pare 18—Resolution No. 115-77 Ordering Construction for Central Ave. Street Lighting from 9th St. to 12th St ....................... 18—Resolution No. 116-77 Decision of Council upon objections to plans, specs., form of contract and cost of improvements for in- terconnection of 14th Street and the intersection of 16th & Elm Streets to the C.B.D. System ..... .................. ...... 18—Resolution No. 117-77 Ordering Construction for the intercon- nection of 14th Street and the intersection of 16th & Elm Street to the C.B.D. System ...................................... 18—Resolution No. 118-77 Preliminary Estimate and approval of plans and specs. for construction of Main Street Lighting from 1st St.to 4th St .... ........... .......... ........... 18—Resolution No. 119-77 Necessity for Improvement for construc- tion of Main Street Lighting from 1st St. to 4th St......... 191, 18—Resolution No. 120-77 Fixing Date of Hearing for construction of Main Street Lighting from 1st St. to 4th St ................. 18 — Resolution No. 121.77 Authorizing the acquisition of certain real property for the development of Avon Park .................. 18—Resolution No. 12277 Approving plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 339 (Equestrian Heights).... . 18—Resolution No. 123-77 Approving the plat of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Highland Farm (W. 32nd St. north of Arbor Oaks Subd.)....... 18—Resolution No. 124-77 Approving the plat of Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 1 of Lot 3 of John P. Mettel Subd. No. 2...... 189 190 190 191,203 203,213 192.203 192 193 194 195 18—Resolution No. 125-77 Approving the plat of Lot 20 and 21 each of "Jaeger Heights" in the City of Dubuque .................. 18—Resolution No. 126-77 Authorizing publication of Notice of avail- ability for Public Inspection Certain Community Development Block Grant Documents .................................... 18—Resolutions No. 127-77, 128.77, 129-77, 130-77, 131.77 Granting Cigarette, Beer and Liquor Licenses ........................ 27—Resolution No. 132-77 Approving agreement between the City and Sheriff of Dubuque County, Iowa relating to indemnifica- tion and holding harmless. (Airport) ......................... May 2—Resolution No. 133.77 Awarding Contract for Central Ave. St. Lighting from 9th St. to 12th St. to Tri-State Paving Co....... . 2—Resolution No. 134-77 Awarding Contract for interconnection of 14th St. and the intersection of 16th & Elm to the C.B.D. System to Patrick O'Dowd Const. Co ............................... 2—Resolution No. 135-77 Approving annexation of approx. 25.482 acres in Table Mound Township as requested by D. James and Patricia Edwards ......................................... 2—Resolution No. 136.77 A Resolution identifying Alternative Alignments for a Proposed Northwest Arterial Roadway, to be subjected to further study and evaluation according to a Corri- dor Location Study authorized by Resolution No. 423-75....... 2—Resolution No. 137.77 Resolution approving the plat of Survey of Lot 2-2.2 of M.L. 263, in the City of Dubuque, Iowa. (Schnor- enberg). ..................... 2—Resolution No. 138-77 Resolution approving the plat of Asbury Springs Subd. No. 4 in the City of Dubuque, Iowa. (Powers).... 2—Resolutions No. 139.77, 140-77 Directing the issuance of Beer Permits. ....................... 2 — Resolution No. 141.77 Approving agreement entered into by the City of Dubuque, Iowa and Dubuque County, Iowa relating to the maintenance of prisoners confined in the Law Enforcement Center for violation of City Ordinances ...................... 16— Resolution No. 142-77 Approving a plat of a portion of a vacated alley described as 30 foot wide alley from Market Square to the I.C.R.R. rightof-way in Block 16 of Dubuque Harbor Improve- ment Company's Addn. abutting the south part, Lots 1 through 8 inclusive, the south part of Lot 14, Lots 15 thru 22 inclusive, and Market Square, each in Block 18 ......................... 195 196 197,198 200 213 214 215 216 217 217 219 219 228 INDEX-BOOK 107^_ SUBJECT 1977_.. _---- " lfi .Revolution No. 14377 Approving proposed Lease by and tw tween the City of Dubuque as Lessor and Dubuque Chips, inc. as i,essee.................... . ......... .. .. .. ...... " lfi-Resolution No. 14477 Approving Plat of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of I.ot 1 of I.ot I of Highland Farm. Dubuque County. Iowa. now in the City of Du. Duque, Iowa.............................................. " No. 145-77 Resolution approving the plat of Lot 1 of 232 16-Resolution Sub. of Lot 1: Lot 2 of Sub. of Lot 1; Lot i of Sub. of Lot 2; and Lot 2 of Sub. of Lot 2; all in "Marilyn Place" on Kaufmann Ave. in the City.(Rothenberger)................................. 23:3 " 16-Resolution No. 146.77 Approving the Plat of Lot 1 of Sub. of Lot 1 of Lot 1; Lot 2 of Sub. of Lot 1 of Lot 1: Lot 1 of Sub. of I.ot 1 of Lot 2: and Lot 2 of Sub. of 1 of 2: all in "Marilyn Place" on Kauf. mann Ave.(Rothenhergers................................. 233 " 16-Resolution No. 147.77 Approving actuarial report of the City of Dubuque, Iowa. Police Retirement System and Fire Retirement System as of July 1, 1976................................... 234 " 16-Resolution No. 14877 Requesting Financial Settlement of the Downtown urban Renewal Project. Project No. Iowa R.15..... 234 " 16-Resolution No. 14977 .Authorizing submission of a request for Release of Funds for certain Community Development Block Grant Projects. (Rehabilitation loans and Grants Interim As sistancel. ................................................ 2:35 " 16-Resolution No. 15077 Authorizing the Execution of a Commu nity Development Block Grant Agreement with the U.S. Department of Housing and Urban Development ............. 2.36 " 16-Resolution No. 15177 Authorizing Publication of Notice of En vironmental Review Findings for certain Community Develop mens Block Grant Project. lAdult Day Care Center operated by Project Concerns....... .............................. 237 " 16--Resolution No. 152 77 Authorizing submission of a Request for Funds for Development for Outdoor Recreation (Avon Park1 under the Land and Water Conservation Fund Program....... 239 " 16-Resolution No. 15.9.77 Preliminary Estimate for construction of Cooper Street Steps....................................... 240 " 16- Resolution No. 15477 Necessity for Improvement for construe tion of Cooper Street Steps........ .................... 240.262 " 16-Resolution No. 15577 Fixing Date of Hearing for construction of Cooper St. Steps ........................................ 240 " 16-Resolution No. 15677 Authorizing Execution of Annual Contri- butions Contract ......................... 241 " 16-Resolution No. 157-77 Preliminary Estimate for Addition of 300 Parking Spaces and Related Facilities at the Iowa St. Parking Ram ..................... " 16-Resolution No. 15877 Necessity for Improvement for Iowa 242 Street Parking Ramp...................................... " 242.266 16-Resolution No- 15977 Fixing Date of Hearing for Iowa Street Parking Ramp................... .. " 242 16-Resolutions No. 16077, 16177, 16277, 163.77, 164.77 Granting Cigarette Licenses, Beer Permits and Liquor Licenses........ " 243 16-Resolution No. 165.77 Authorizing the execution of a Rental Agreement between the City of Dubuque. Iowa and the Old Creamery Theatre Company of Garrison, Iowa " 244 ............... 16-Resolution No. 18077 Approving plat of Equestrian Heights Sub. No. 1. (Swift)............ .. June 1-Resolution No, 166.77 Approving and providing for the Execu 241.270 tion of the Fifth Amendatory Contract Amending Contract No. Iowa R 15 (LG) by and between the City of Dubuque, Iowa and the United States of America ............................... " I-Resolution No. 16777 Requesting financial settlement of the Downtown Urban Renewal Project, 249 Iowa R-15................ 68 " 6--Resolution No. 177 Approving disposal of interest of the City for Lot IA of vacated 'alley 249 in ltlk. 18 of Dubuque Harhor Im provement Company's Addition from Market Square to the I.C.R.R.R.O.W. to Dubuque Chips Inc........................ 259 INDEX -BOOK 107 1977 SUBJECT pare " 6—Resolution No. 169-77 Approving lease and agreement between City of Dubuque and Dubuque Chips. Inc ................ 260 " 6—Resolution No. 170-77 Decision of Council upon objections to plans, specs, etc. for construction of Cooper Place Steps....... 262 " 6—Resolution No. 171.77 Ordering Construction for Cooper Place Steps............. .... ............ .... ......... 263 " 6—Resolution No. 172-77 Authorizing submission of a request, for Release of Funds for certain Community Development Block Grant Projects (Removal of Architectural Barriers for an Adult Day Care Center).. ... ... .. .. .... . 263 " 6—Resolution No. 173-77 Recognition of a Neighborhood Organiza- tion for membership on the Community Development Commis- sion (West End Neighborhood) .............................. 265 " 6—Resolution No. 174-77 Accepting the warranty deed from Tim- othy K. & Mary Vincentia Breitbach for real estate to be used as a park project under the Community Development Program... 265 " 6—Resolution No. 175-77 Decision of Council upon objections to plans, specs., etc. for addition of 300 Parking Spaces at Iowa Street Parking Ramp........... ... 266 " 6—Resolution No. 176-77 Resolution changing the bid date for pro- posals for construction of an Addition to the Iowa Street Park- ing Ramp .... ........ ...... ... ..... .. ... .. . . . .. ... ... .. .. 267 " 6—Resolution No. 177-77 Approving plat of the subdivision of Lot A, Block 5 in Timber Ridge Addition in the City ............... 268 " 6—Resolution No. 178-77 Approving plat of Block 7 in Timber Ridge Addition ... ................ ........... ... .. 268 " 6—Resolution No. 179-77 Approving the plat of Block 7 in Timber Ridge Addition in the City. (Henschel) ....................... 268 " 6—Resolution No. 180.77 Approving the plat of Equestrian Heights . .... .. ...... ........ SubNo1 (Swift).... .......... .. ...... . . 270 " 6—Resolution No. 181-77 Directing the City Clerk to publish Pro- posed Amendments to the Fiscal Year 1977 Budget and Date of Public Hearing .. ............................. ...... 271 " 6—Resolution No. 182-77 Authorizing the execution of a Contract for Audit Services for the 1st and 2nd Year Community Devel- opment Block Grant Funds under Grant Agreements B -75 -MC - 19.0004 and B -76 -MC -19-0004 with the Department of Housing and Urban Development........ ................ 272 " 6 — Resolution No. 183-77 Authorizing the City Manager to enter in- to a contract for Consultant Assistance in the Section 701 Com- prehensive Planning Assistance Program .................... 272 " 6—Resolution No. 184-77 Establishing a Housing Code Enforce- ment..... .... .. ... .. ........ .. ....— 273 " 6—Resolution No. 185.77 Amending Resolution No. 87.77 so as to change income requirements and grant limits for concentrated Rehabilitation Grants .... .... ... .......... .. 274 " 6—Resolution No. 186-77 Matching Resolution to provide for Law Enforcement Training .................. .... .. ... 275 " 6—Resolution No. 187-77 Approving the plat of the Subdivision of Lot 1-1.1 of the NW I!4 of the SW 4A of Section 12, T89N, R2E 5th P.M.(Manternach)..... .................... ........ 275 " 6—Resolution No. 188.77 Approving a Tentative Three Year Street Construction Program and submitting same to the Iowa Department of Transportation .............................. 276 " 6—Resolution No. 189.77 Directing the Clerk to publish notice of approval of "Location and Design" for funding on the signaliza- tion of 20th St. from Central to Elm ......................... 277 " 6 — Resolution No. 190-77 Approving preliminary plans, specs. etc. for construction of Alta Vista Street Curb and Gutter Replace- ment Project from Kirkwood Street to Vernon Street......... 277 " 6—Resolution No. 191-77 Necessity for Improvement for Alta Vista Street Curb and Gutter Replacement ........................ 277.308 " 6—Resolution No. 192-77 Fixing Date of Hearing for Alta Vista Street Curb & Gutter Replacement ......................... 278 " 6—Resolution No. 193-77 Ordering Construction for Alta Vista Street Curb & Gutter Replacement ......................... 278 INDEX -BOOK 107 1977 SUBJECT Pare " 6—Resolution No. 19477 Authorizing the installation of concrete curb and gutter with asphalt paving on Windsor AVe. from Da vis Ave. to the northerly property line of Slone Hill Community Subdivision No.1.......................................... 279 " 6—Resolution No. 195-77 Approving the improvement. of Cedar Cross Road with a 14 inch stone base and double sealcoat...... 279 6—Resolution No. 19677 Approving the schedule of proposed as- sessments for the City of Dubuque 1977 Asphalt Paving Project No. 1 .................. 280 6—Resolution No. 197-77 Approval of preliminary estimate, pians, etc. for 1977 Asphalt Paving Project No. l .................... 280 " 6—Resolution No. 198.77 Necessity for Improvement for 1977 Asphalt Paving Project No.l ............................... 280.340 " 6—Resolution No. 199-77 Fixing Date of Hearing for 1977 Asphalt Paving Project No.I...................................... " 6—Resolution No. 200-77 Approving the plat of Lots 1, 2 and 3 of 281 the Subdivision of Lots 7 and 8 in Block 1 of Asbury Springs Sub. No. 2 (Powers et all ................................... " 282 6—Resolution No. 20177 Approving plat of portions of subdivi- sions of M.L. 106, Railroad Addn., East Dubuque No. 2, and va- cated Maple Street north of 18th Street (Dubuque Packing Co.). 283 6—Resolutions No. 202.77, 203-77, 204.77, 205-77, 206-77, Granting Cigarette, Beer and Liquor Licenses ................. 283, 284 285 286 " 20—Resolution No. 207-77 Board of Health authorizing and directing the structure known as 311 S. Locust Street (Lot 4 of Lot 239 Union Addn. in the City) to be dismantled and removed. (Tuck er)................... .. 26,9, 290, 570 " 20—Resolution No. 208-77 Amending the current budget for the Fis- cal Year ending June 30, 1977 (as amended last November 1, 1976) .............................. " 20—Resolution No. 209-77 Accepting Improvement for Eleventh Street Steps and Jefferson Park Steps 306 ....................... " 20—Resolution No. 210-77 Final Estimate for Eleventh Street Steps 307 and Jefferson Park Steps........... " 20—Resolution No. 21117 Decision of Council upon objections to plans, specs. etc. for Alta Vista Street 307 Curb & Gutter replace. ment Project.. " 20—Resolution No. 212.77 Awarding Contract for the Cooper Place Steps to Patrick T. O'Dowd 308 ................................. 20—Resolution No. 213.77 Accepting the deed for North 3/1 of Lot 39 and Lots 40 and 41 in "Cooper Heights" as conveyed by Regina Cooper Gilmore........ " 20—Resolution No. 214.77 Authorizing Mayor 309 to sign the contract close out documents for the FY 1976 Title VI Public Service Employment Program (CETA).............................. " 20—Resolution No. 215.77 Approving the Statement of Actual and Projection of revised 1976 Net ilU Revenue before debt service re. quirements and report on revised parking fees and Expansion of Iowa Street Ramp.... 20—Resolution No. 216.77 Fixing a date for the initiation 310 of proceed. ings for the issuance of :850,000, Parking Facilities Revenue Bonds, 1977, Series, the of City of Dubuque, Iowa ............. " 20—Resolution No. 217.77 Authorizing the execution it l and recuhmis sion of a Local Public Works Capital Development and Invest ment Program Application (Expansion ting House)..... of the Greenhouse Pot " 20—Resolution No. 218.77 Authorizing an Environmental R Certain Public Works Projects fteveviewof 311 ..................... 20—Resolution No. 219-77 Authorizing the listing Projects of Public316 in order of priority...... Works , . , , 20—Resolution No. 220.77 Authorizing the 317 execution and submis. cmention of a Local Public Works Capital Development and Invest. Program application (Reconstruction Cour Courts) .................. of Flora Park Tennis 317 INDEX -BOOK 107 '~(r SUBJECT V.... 20—Resolution No. 22177 Authorizing the execution and submis- sion of a Local Public Works Capital development and Invest- ment Program Application (Schmitt Harbor Public Boat Rampl. 31t 20—Resolution No. 222-77 Authorizing the Execution and submis- sion of a Local Public Works Capital Development and Invest. ment Program application (Construction of Edwards Sanitary SewerLine) .............................................. 31f " 20—Resolution No. 223.77 Authorizing the Execution and submis- Sion of a Loral Public Works Capital Development and Invest- ment Program Application (Construction of RET Sanitary Sew- Linel ............................. .............. .... 319 99 20—Resolution No. 224.77 Authorizing the Execution and submis- sion of a Local Public Works Capital Development and Invest- ment Program application (FDR Park Improvements)......... 319 20—Resolution No. 225.77 Authorizing the execution and submis- sion of a Local Public Works Capital Development and invest- ment program application (Marshall Park Improvements)...... 320 " 20—Resolution No. 226.77 Authorizing the execution and submis- sion of a Local Public Works Capital Development and invest- ment program application (Renovation of City Hall)........... 321 20—Resolution No. 227-77 Preliminary Estimate for Curb Replace- ment Project ............................................. 321 20—Resolution No. 228.77 Necessity for improvement for City of Dubuque 1977 Curb Replacement Project .................... 321,343 20 — Resolution No. 229-77 Fixing Date of Hearing for 1977 Curb Re- placement Project ......................................... 321 " 20 — Resolution No. 230.77 Ordering Construction for 1977 Curb Re- placement Project ......................................... 322 20—Resolution No. 231.77 Preliminary Estimate for construction of Pedestrian Curb Ramps .................................... 322 " 20—Resolution No. 23277 Necessity for Improvement for Pedestri- anCurb Ramps ........................................... 322,342 " 20—Resolution No. 233-77 Ordering Construction for Pedestrian Curb Ramps .............................................. 323 20—Resolution No. 2..34-77 Fixing Date of Hearing for construction of Pedestrian Curb Ramps ................................. 323 " 20—Resolutions No. 235.77.236-77. 237-77, 238-77, 239-77, Granting Cigarette. Beer and Liquor Licenses ................. 324.325, 326, 327 20—Resolution No. 240.77 Authorizing the execution and resubmis- sion of a Loral Public Works Capital Development and Invest- ment Program Application (Expansion of City Garage)........ 314 " 20 --Resolution No. 241.77 Authorizing the execution and resubmis. sion of a Loral Public Works Capital Development and Invest- ment Program Application (Construction of the 17th St. Storm Sewerl................................................... 315 20—Resolution No. 242-77 Authorizing the Execution and resubmis- sion of a Local Public Works Capital Development and Invest- ment Program Application (Expansion of Iowa Street Parking Ramp) . .................................................. 316 " L'41 --Resolution No. 243.77 Authorizing the execution of an agree- ment with the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and DOT relating to the: reconstruction of railroad crossings on 16th.I5th R 14th Streets ....................... 329 " 29— Resolution No. 24477 Approving the Lease Agreement by and between the Dubuque Airport Commission and the Tri-State Flite Services Inc ......................................... 329 July 5 -- Resolution No. 245.77 Amending Resolution No. 198.77 by delet- ing Davis Avenue from City of Dubuque 1977 Asphalt Paving ProjectNo. 1 ............................................. 340 " 5-- Resolution No. 246 77 Decision of Council to overrule all objee. tions received for City of dubuque 1977 Asphalt Paving Project No. 1 ..................................................... 341 " 5—Resolution No. 24777 Ordering Construction for City of Duhu- que 1977 Asphalt Paving Project No. I ....................... 341 INDEX -BOOK 107 1977 SUBJECT " 5—Resolution No. 248.77 Decision of Council upon objections to plans, specs., form of contract and cost of improvements for con struction of Pedestrian Curb Ramps........... ... • • 74,3 " 5—Resolution No. 249-77 Decision of Council upon objections to plans, specs., form of contract and cost of improvements for Curb Replacement Project .................. " 5—Resolution No. 250.77 Awarding Contract to Patrick T. O'Dowd 344 Construction Co. for the Alta Vista St. Curb and Gutter Re placement Project from Kirkwood St. to Vernon St............ 345 " 5—Resolution No. 251-77 Approval of the City of Dubuque. Iowa, for the Water Utility, Parking and Sewage Facilities for fiscal period of July 1, 1976 thru June 30. 1977 ............ . ......... 345 5—Resolution No. 252-77 Authorizing and providing for the issu ance and securing the payment of $850,000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Dubuque. Iowa, un der the provisions of 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.. .. ...................................... 346 " 5—Resolution No. 253-77 Directing the advertisement and sale of $850,000 Parking Facilities Revenue Bonds. 1977 Series, of the City of Dubuque. Iowa ..................................... :459 5—Resolution No. 254.77 Approving the annexation of 0.77 acres as requested by Theisen Building Company. Inc ................. 360 " 5—Resolution No. 255.77 Approving the annexation of approx. 1.4 acres as requested by Manternach Development Company..... 361 5—Resolution No. 256.77 Authorizing a public hearing for the Ex- penditure of certain General Revenue Sharing Funds......... 362 5—Resolution No. 257-77 Directing the City Clerk to publish pro- posed amendment to the Fiscal Year 1978 Budget and Date of Public Hearing ................ ........................... 363 5—Resolution No. 2.58-77 Authorizing to enter into an agreement with the Iowa DOT subject to terms and conditions as set forth in Agreement No. 77-F-104 for the purchase of parcel of right -of - way...................................................... " 5—Resolution No. 259-77 Authorizing City Manager to sign for fi- 365 nancial forms required pursuant to the Contract No. KC -9004E for Section 8 Existing Housing Program and authorizing City Manager to appoint the Director of the Development of Commu nity Development to sign forms in his place .................. 365 5—Resolution No. 260.77 Authorizing Mayor to sign proposed ap plication for the City's participation in it Section 8 Existing Housing Program for 100 units .............................. 366 5—Resolution No. 261-77 Awarding Contract to J.P. Cullen & Son for addition of 300 Parking Spaces to Iowa Street Parking Ramp.......................................... 5—Resolutions No. 262-77, 263-77, 264-77, 26547, 266-77­1ir 5—Resolutions No. 262-77, 263-77, 264-77, 265.77, 26677 Granting 366 366 Beer, Liquor and Cigarette Licenses ........................ 367,368 18—Resolution No. 267.77 Approving plat of a portion of a vacated 16' wide alley from the N.P.L. of Putnam St. to S.P.L. of 28th St. of EI -Ru Place and South Parkhill Place ...................... " 18—Resolution No. 268.77 Awarding Contract for construction of Pedestrian Curb Ramps to Tri-State 381 Paving Company......... 18—Resolution No. 269-77 Approving annexation of approx. 2.37 383 acres on south side of U,S. Highway 020 and east of Ramada Inn as requested by Elinor Ann Cody Ginder.................. . .. 18—Resolution No, 270.77 Amending 384 the Current Budget for the Fiscal Year ending June 30, 1978 list Amendmentl............ 18—Resolution No. 217-77 Authorizing publication of Notice of Envi 385 ronmental Review Findings for Certain Community Develop ment Block Grant Project (Acquisition of site for relocation of Fire Engine House No. 1.) .............. 18—Resolution No. 272.77 Approving plat of porliun of Serti on I1 , Table Mound Township (Archdiocese 385 of Ilubuquel......tion . 18—Resolution No. 273-77 Approving plat of portion of Section 11, Table Mound Township lying 396 on south side of Old Highway 151, INDEX —BOOK 107 1977 SUBJECT Page west and south of Mt. Olivet Cemetery in Key West tArchdio. cele of Dubuque) .......................................... 387 18 - Resolution No. 274.77 Approving the plat of Lot 1 and Lot 2 of 2 of 2 of 2 of Asbury Springs Subdivision No. I in the City of Du- buque (Henkel) ............................................ 346,388 18 - Resolution No. 275-77 Approving annexation of Lot 2 of Lot 1 of Sub, of M.L. 504 as requested by Frederick C. and Janell Tim- merman.Worrected in 19781 ................................ 389 " 18 -Resolution No. 276.77 Authorizing and directing the Mayor to act on behalf of the City by accepting a project agreement for Federal Financial Assistance through the Land and Water Con- servation Fund for a proposed Avon Park Project ............. 389 " 18 -Resolution No. 277.77 Directing the transfer of Community De- velopment Block Grant Funds from the contingency fund to the Adult Day Care Center Project ............................. 390 18 -Resolution No. 278.77 Authorizing Publication of Notice of Pub- lic Hearings for the purpose of amending use of Community De- velopment Block Grant Funds for relocation of water and sani- tary sewer lines in Urban Renewal Land Area for $60,000...... 391 18 -Resolution No. 279-77 Authorizing the Mayor to sign a contract for the Administration and Operation of a Public Service Employment Program under Title II of PI 93-203 tCETAI...... 392 " 18 - Resolution No. 280.77 Preliminary Estimate for construction of Main Street Lighting from lsl to 4th Street .................. 393 " 18 -Resolution No. 281-77 Necessity for Improvement for construc- tion of Main Street Lighting from 1st to 4th Street............ 393, 410 18 -Resolution No. 282-77 Fixing Date of Hearing for construction of Main Street Lighting from 1st to 4th Street ................ 393 18 -Resolution No. 283.77 Authorizing the execution of Agreement between City of Dubuque and Iowa DOT relating to the signali- zation of 20th Street from Central to Elm St .................. 394 18 -Resolution No. 284.77 Approving the schedule of proposed as- sessments for the Asphalt Paving of Sunset Ridge Drive....... 394 18- Resolution No. 285.77 Preliminary Estimate of plans and specs., etc. for construction of Sunset Ridge Drive Asphalt Paving.... 394 18 -Resolution No. 286-77 Necessity for Improvement for construc- tion of Sunset Ridge Dr. Asphalt Paving ..................... 395,439 18 -Resolution No. 287.77 Fixing Date of Hearing for construction of Sunset Ridge Dr. Asphalt Paving ......................... 395 " 18 -Resolutions No. 288.77, 289.77, 290-77 Granting Cigarette and Liquor Licenses ........................................... 396 18 -Resolution No. 291-77 Preliminary approval of plans, specs., etc. for construction of Five Flags Civic Center located at 4th. 5th, Locust and Main Streets ................................... 399 18 -Resolution No. 292-77 Providing for appointment of Deputy Ci- ty Clerk.. .. .. ... ........ 397 19 -Resolution No. 293-77 Providing for the sale and award of $850,000 Parking Facilities Revenue Bonds, 1977 Series, and ap- proving and authorizing the agreement of such sale and award (Channer Newman Securities Co.) ........................... 398 19 -Resolution No. 294-77 Necessity for Improvement for construc- tion of 5 Flags Civic Center ................................. 399,412 19 --Resolution No. 295-77 Fixing Date of Hearing for construction of 5 Flags Civic Center............ ................. 400 Aug. 1 - Resolution No. 29677 Approving disposal of interest of vacated allev in South Park Hill and El Ru Place to Millers and Cheriolis. ...... .......... .... ................. 405 1 - Resolution No. 297.77 Decision of Council upon objections to plans, specs., form of contract and east of improvements for Main Street lighting from 1st to 4th St ...................... 410 1 Alit -solution No. 298 77 Ordering Construction for construction of Mein Stry-et bighting from 1st tooth St ...................... 411 1 Resolution No. 299.77 Awarding Contract for 1977 Curb Re placement Project to Tri-State Paving Co .................... 411 I Resolution No. 300 77 Awarding Contract for 1977 Asphalt Pav int; Project No. 1 to Tri State Paving Co. . ................... 412 INDEX -BOOK 107 1977 SUBJECT -- ---------_ 'aR Resolution No. 30177 Decision of Council upon objections to plans, specs., form of contract and cost of improvements for Five Flags Civic Center .............. I..................... " 1 -Resolution No.302.77Ordering Construction for Five Flags Civ 413 isCenter ................................................. " 1-Resolution No. 303.77 Approving the final plat of Terrace 419 Estates let Addition in the City of Dubuque. (Manternachl..... 414 " 1 -Resolution No. 304-77 Directing the transfer of Community De velopment Block Grant Funds from the Urban Renewal i.and Project Iowa R-15 Land purchase to the Program Administra tionFund ................................................. " 1-Resolution No. 305.77 Directing the transfer of Community De 41.5 velopment Block Grant Funds from the Comiskey Park lm provement Project to the Comiskey Park Tennis Court Recon struction Project ........................... I.............. 416 " 1-Resolution No. 306-77 Directing the transfer of Community De velopment Block Grant Funds from the Contingency Fund to the Main Street Lighting Project ........................... 416 " 1 -Resolution No. 307-77 Authorizing submission of request for re lease of funds for certain Community Development Block Grant Projects (Fire Engine House$11)............................. 416 " 1-Resolution No. 308.77 Authorizing submission of a request for release of funds for certain Community Development Block Grant Projects (Neighborhood Parks Acquisition and/or De vel opment)................ ....... ...................... 418 " 1-Resolution No. 309.77 Authorizing the execution of a contract with Computer Consulting Service. Inc...................... 420 " 1-Resolution No. 310.77 Authorizing publication of notice of public hearing and setting date of public hearing to consider citizen in put on implementation of Section 8 Existing Housing Program for 100 units........... ............................... 420 " 1-Resolution No. 311.77 Authorizing execution of agreement he tween City of Dubuque Iowa and Iowa Department of Transpor tation relating to the paving of South locust from Railroad Avenue to Dodge Street ................................... 421 " 1-Resolution No. 312.77 Preliminary Estimate and approval of plans etc., for construction of 20th Street Traffic Signals from Central Ave. to Elm St..................................... 421 " 1-Resolution No. 313.77 Necessity for Improvement for construe tion of 20th Street Traffic Signals from Central Ave. to F:lm St. 421,437 " 1-Resolution No. 314-77 Fixing Date of Hearing for the 211th Street Traffic Signals from Central Avenue to Elm Street..... 422 " 1-Resolutions No. 315-77, 316.77. 317.77, 318.77. 319.77 Granting Cigarette, Beer and Liquor Licenses..................... 422. 423. 424 " 1-Resolution No. 320.77 Authorizing City Attornev to investigate rate increases requested by Interstate Power Company....... 424 15-Resolution No. 321-77 Fixing a date of hearing on proposed Hees pita) Facility First Mortgage Refunding and Improvement Rev enue Bonds (The Finley Hospital Projectl Series 1977......... .328 15-Resolution No. 322.77 Amending a resolution entitled "A Reso lotion authorizing and providing for the issuance and securing the payment of 11850,000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Dubuque. Iowa, under t he provisions of 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 vehicles parking facilities in and for said City..... 15-RESOLUTION Declaring moratorium 433 on disposal of City real estate (FAILED) ................ " 15-Resolution No. 323-77 Approving annexation of Lot 2 of the 436 NET of SEN Sec. 12 T89N R2E as requested by Marvin C. & Alice L. Meeker and Richard W. Anthony .................. " 15-Resolution No. 324-77 Awarding Contract for Main Sl. Lighting 435 from 1st St. to 4th Street ................................... " 15-Resolution No. 92577 Decision 436 of Council upon objections to plans, specs., etc, for 20th St. Traffic Signals from Central Ave. to Elm St.. _ ........................ 438 INDEX -BOOK 107 1977, ____ -.-- SUBJECT Page " 15 Resolution No. 32677 Ordering Construction for 20th St. Traffic Signals from Central Ave. to Elm St ......................... 438 15 Resolution No. 327 77 Decision of Council upon objections to plans, specs., etc. for Sunset Ridge Dr. Asphalt Paving........ 439 " 15-- Resolution No. 328.77 Ordering Construction for Sunset Ridge Dr. Asphalt Paving ........................................ 440 15 -Resolution No. 32977 Waiving any and all rights to Easterly 123 feet of hots 17 and 18 in Jaeger's Suhd. to Robert N. and M. Regina Ik fendi........................................... 441 15 -Resolution No. 3,30-77 Authorizing publication of Notice of Envi- ronmental review findings for certain Community Development Block Grant Project. (Relocation of Sanitary Sewer Lines and Water Mains in IJrhan Renewal Land Area.) ................. 441 " 15 -Resolution No. 331-77 Directing the transfer of CDBGF from the Urban Renewal Project Purchase Project to the relocation of sanitary sewer lines and water mains project ............... 442 " 15-Hesolution No. 332-77 Approving voluntary annexation by Joseph F. K Ruth M. Siegert as Owners Contract Sellers and Edward Tschiggfrie Owner Contract Purchaser located in Sec. 20 T89N R2E, approx. 75.018 acres .......................... 442 15 -Resolution No. 333-77 Authorizing the execution of a Grant Agreement with the Economic Development Administration for the 17th Street Storm Sewer ............................... 443 " 15 -Resolution No. 334.77 Authorizing the execution of a Grant Agreement with the Economic Development Administration for the Expansion of City Garage ............................... 443 15 -Resolution No. 335-77 Authorizing the Execution of a Grant Agreement with the Economic Development Administration for the Greehouse Potting House ............................... 444 15 -Resolutions No. 336.77, ,397-77, 338.77, 339-77, 340.77, Granting Cigarette. Beer and liquor Licenses ..................... 444, 445, 446 23 -Resolution No. 341.77 Authorizing the execution of a Grant Agreement with the Economic Development Administration for expansion of Iowa Street Parking Ramp ..................... 447 Sept. 6 -Resolution No. 342-77 Authorizing additional fees to be paid to City Attorney for services rendered in connection with Finley Hospital Bond issue ....................................... 464 " 6- Resolution No. 34377 Approving Official Report of Municipality for Municipal Streets and Parking for 1976 ................... 464 6 - Resolution No. 344.77 Approving the plat of Lots 2 thru I8 in Block 17. Mettel-Byrne Addition in the City iMettel Realty).... 465 6 Resolution No. 345.77 Matching Resolution to provide funds for 2 Patrol Investigators........... ..... 466 " 6 - Resolution No. 346-77 Matching Resolution to provide funds for Law Enforcement Training IFBI Fingerprinting School)....... 467 6 -- Resolution No. 347.77 Authorizing City Staff to develop a tradi- tional Public Housing proposal for consideration by the City Council of the City of Dubuque .............................. 467 6-- Resolution No. 348-77 Adjourning Public Hearing on the propos- al to issue not to exceed $10,750,000. Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley hospital Project) Series 1977, of the City of Dubuque, Iowa.. ..................................... ... ..... 468 " 6- Resolution No. 349.77 Authorizing the execution of a Grant Agreement with the Economic Development Administration for construction of Tennis Courts at Flora Park .................. 469 " 6- Resolution No. 350.77 Authorizing the execution of a Grant Agreement with the Economic Development Administration for Marshall and Roosevelt (FDR) Park Improvements........... 469 6 Resolution No. 35177 Authorizing the execution of a Grant Agreement with the Economic f)evelopment Administration fpr City Hall Improvements.......... ......... 6 - Resolution No. 352 77 Awarding Contract to Tri-State Paving 469 Co. for Sunset Ridge Dr. Asphalt Paving Project .............. 470 6 - Resolution No. 35377 Awarding Contract to Tri State Paving Co. for 20th Street Traffic Signals from Central Ave. to Elm St. 471 INDEX -BOOK 107 1977 SUBJECT Page " 6—Resolution No. 35477 Approving plat of the Subdivision of Lot 1 of I,ol 1 of I,ot 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 i,ot 1 of I,M 10 of Rosedale Addn. No. 2 (Willmesl.................. .......... 171 " 6—Resolution No. 35577 Approving plat of the Subdivision of Lot 2-1.1.1.1-2 of Mineral Lot 263 in the City of Dubuque, Iowa. (intersection of Asbury Rd. and Judson Dr.) .................. 172 " 6—Resolution No. 3,56.77 Approving the plat of Lots 1 & 2 of the Subdivision of Lot 2-1-1-2-1.7 of Peil's Suhd. in City of Dubuque. (Brown) . ................................................. 17:1 " 6—Resolution No. 357-77 Approving the plat of Lots 1 K 2 of the Subdivision of Lot 1-2.1 12-1 7 of Peil's Subd. in City. IA R H Development Co.1......................................... 473 6— Resolution No. 358.77 Awarding Contract to Conlon Construr tion Co. for expansion of 5 Flags Civic Center ................. 174 " 6—Resolution No. 35977 Preliminary plans, specs., etc., for 5 Flags Sanitary Sewer and Water Main relocations.................. 171 6—Resolution No. 36077 Necessity for improvement for 5 Flags Sanitary Sewer and Water Main relocations.................. 475. 4911 " 6—Resolution No. 36177 Fixing Date of Hearing for 5 Flags Sani tar Sewer and Water Main relocations ...................... 475 6—Resolutions No. 362-77. 363.77, 36477, 36577, Granting Beer and Liquor Licenses....................................... 475, 477 19—Resolution No. 366-77 Approving vacating of Ruth Street abut ting Lots 1-3 and 1315 in King's Grove Addition in City of Du buque.................................................... 4R4 " 19—Resolution No. 36777 Authorizing and providing for the issu anee of $10,525,000 Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley Hospital Project Series 1977 of the City of Dubuque, Iowa..................... 488 19—Resolution No, 368.77 Authorizing publication of Notice of Pub lie Hearings for the purpose of Amending use of CDRGF ISid ing, Re-roofing, and insulation of Dubuque Area Sheltered Workshop)............................................... 490 " 19—Resolution No. 369-77 Decision of Council upon objections to plans specs., etc. for the relocation of sanitary sewer and water main for the 5 Flags....................................... 491 19—Resolution No. 370.77 Ordering Construction for the relocation Of sanitary sewer and water main for the 5 Flags.............. 191 19—Resolution No. 371-77 Approving Financial Report for City of Dubuque Fire & Police Retirement Systems for fiscal year end ing 6.30.77..................................... 192 19—Resolution No. 372.77 Authorizing the execution of a (:rant Agreement with the Eeonomic Development Administration for Construction of Intercrptor Sanitary Sewers............. 492 19—Resolution No. 373-77 Preliminary Estimate, plans. specs., etc. for reconstruction of Flora Park Tennis Courts............... 492 19—Resolution No. 374.77 Necessity for improvement for recon struction of Flora Park Tennis Courts....................... 493. 520 19— Resolution No. 371,77 Fixing Date of Hearing for reconstruction of Flora Park Tennis Courts.................... 193 19— Resolution No. 376-77 Preliminary Estimate for Replacement of windows in the Cily Hall.............. 19:f 19—Resolution No. 37777 Necessity for Improvement for replace ment of windows in the City Hall ............................ 493. x,17 19—Resolution No. 37R.77 Fixing Dale of Hearing for replacement of windows in City Hall............. 494 19—Resolution No, 37977 Preliminary Pstimate etc. for con%lrur tion of 17th Street Storm Sewer ....................... .. 19—Resolution No. 390-77 Necessity for Improvement for construr 495 Linn of 17th Street Sturm Sewer, .. , , , , , 19—Resolution No. 38177 Fixing 19$.119 (tate of Hearing for ronslruetion of 17th Street Storm Sewer ........................... 19—Resolution NO. 38277 Mral FstimaOTor West 32nd St. rani 195 lary Sewer.............. INDEX -BOOK 107 1977 St 1BJF.CT Patsy " 19—Resolution No. 38.377 Accepting improvement and directing Clerk to publish notice for West 32nd St. Sanitary Sewer...... 496 19 -- Resolution No. 38417 Approving ANNEXATION of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Henschel's Black Forest" ICal- lanl..... ..................... ... ..... ..... . . ... . ..... . 496 " 19 -- Resolution No. 385-77 Approving plat of the subdivision of Block 6 and Block 7 in "Phase One of Stone Hill Community Subdivi sionNo. 1.................................................. 497 " 19— Resolution No. 38677 Approving plat of Block 8 in "Phase One of Stone Hill Community Subdivision No. 1" .................. 498 " 19 — Resolution No. 387-77 Preliminary Estimate of specs., plans etc. for construction of 12" Fremont Water Main and 16" Cedar Cross Water Mains ........................................ 498 " 19—Resolution No. 38&77 Necessity for improvement for Fremont Ave. and Cedar Cross Road water mains ..................... 498.516 " 19—Resolution No. 389.77 Fixing Date of Hearing for Fremont Ave. and Cedar Cross Road water mains .......................... 498 " 19—Resolution No. 340.77 Authorizing the execution of a Grant Agreement with the Economic Development Administration for Schmitt Harbor Municipal Boat Ramp ....................... 499 " 19—Resolution No. 39177 Approving Plat of Ramada Inn Place.... 499 " 19—Resolutions No. 39277, 393-77. 394-77, 395.77, 396-77 Granting Cigarette, Liquor and Beer Licenses ........................ 500.501 Oct. 3—Resolution No. 39777 Approving the sale of vacated portion of Ruth Street to William Meyers ............................. 508 " 3—Resolution No. 398.77 Awarding Contract for relocation of 5 Flags Sewer and water main to Tschiggfrie Excavating Co..... 512 " 3 --Resolution No. 399-77 Approving Schedule of Assessment for West 32nd St. Sanitary Sewer Extension .................... 512 " 3 — Resolution No. 400.77 Providing for the issuance of Sewer Bonds for the purpose of providing for the payment of the as- sessed cost of West 32nd St. Sanitary Sewer ................. 514 " 3—Resolution No. 40177 Decision of Council upon objections, plans, specs., etc. for Water Lines on Fremont Avenue and Cedar Cross Road ......................................... 516 " 3—Resolution No. 40277 Ordering Construction for water lines on Fremont Avenue and Cedar Cross Road ..................... 517 " 3—Resolution No. 403-77 Decision of Council upon objections, plans, specs., etc. for Replacement of windows in City Hall..... 518 " 3—Resolution No. 40477 Ordering Construction for Replacement of windows in City Hall......... .. ....... ......... 518 " 3—Resolution No. 40577 Decision of Council upon objections to plans, specs., etc. for construction of the 17th Street Storm Sewer. ........................................... .... 519 " 3—Resolution No. 406.77 Ordering Construction for 17th Street StormSewer ............................................. 520 " 3—Resolution No. 40777 Decision of Council upon objections to plans. specs., etc. for reconstruction of the Flora Park Tennis Courts................................................... 521 " 3—Resolution No. 408-77 Ordering Construction for reconstruction of Flora Park Tennis Courts ................................ 521 " 3—Resolution No. 409-77 Approving annexation request of Ray- mond A. & Bertha H. Ney.................................. 521 " 3 — Resolution No. 41077 Approving annexation request of Thomas A.l.ukselieh and Eleanor J. Rafoth...... I .................. 522 " 3— Resolution No. 41177 Preliminary Estimate for expansion of Ci. ty of Dubuque Municipal Garage ........................... . 523 " 3— Resolution No. 41277 Necessity for Improvement for expansion of Municipal Garage ..................................... 523, b36 " 3—Resolution No. 41377 Fixing Date of Hearing for expansion of Municipal Garage ......................................... 523 " 3 --Resolution No. 414 77 Preliminary Estimate for Schmitt Harbor Municipal Boat Ramp ...................................... g24 " 3 -Resolution No. 41577 Necessity for Improvement for Schmitt Harbor Municipal final Ram .... • . • • . 524. 537 INDEX -BOOK 107 SUBJECT 1977 Page " 3—Resolution No. 416-77 Fixing Date of Hearing for Schmitt Har 525 bar Municipal Boal. Ramp ............ ................... . " 3—Resolution No. 417.77 Directing City Clerk to publish Notice for Location and Design Public Hearing for proposed widening of Kennedy Road from Highway 920 to Asbury Road............ 525 " 3—Resolution No. 418.77 Approving the sale of land in River Front Subdivision 95 to Dubuque Electric Motor Service............ 526 " 3—Resolution No. 419-77 Notifying Commissioner of Elections that primary election is to he held to fill three seats on the City Council. ................................................. " 3—Resolution No. 420.77 Approving plat of the Subdivision of Lot 527 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot. 2 of Mineral Lot 220 in Section 34, T89N R2E............................ 527 " 3—Resolutions No. 421.77, 422.77. 423-77, 424.77, 425.77, Granting Cigarette, Beer and Liquor Licenses ........................ 52m " 17— Resolution No. 426-77 Decision of Council upon objections to plans, specs., etc. for expansion of City Garage ............... 536 " 17—Resolution No. 427.77 Ordering Construction for expansion of CityGarage .............................................. 537 " 17—Resolution No. 428-77 Decision of Counci! upon objections to plans, specs., etc. for Schmitt Harbor Municipal Boat Ramp.... 537 " 17—Resolution No. 429.77 Ordering Construction for Schmitt Har- bor Municipal Boat Ramp .................................. 538 " I7—Resolution No. 430.77 Awarding Contract to Tri-State Paving for the Flora Park Tennis Courts ............................ 539 " 17—Resolution No. 431.77 Awarding Contract for the 17th St. Storm Sewer to Freeport Construction Co ................... . ..... 5139 " 17—Resolution No. 432.77 Directing the transfer of CDBGF from the Rehabilitation Loans and Grants Project to a Project to he known as the residing and insulation of the Dubuque Area Shel- tered Workshop Project ................................... 540 " 17—Resolution No. 433.77 Authorizing the purchase of the Trenkle Property................................................. 540 " 17—Resolution No. 434-77 Approving disposal of interest in River Front Subdivision No. 5 to Dubuque Electric Motor Service Inc, 541 " 17—Resolution No. 435.77 Approving plat of the Sub. of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Southwest One -Quarter of Southwest One -Quarter. Section 28 T89N, R2E (Elmer Bradley). 542 " 17—Resolution No. 436.77 Approving final plat of lots 1 & 2 of the Subd. of Lot 6 of Asbury Springs Subd. No. 3 (Huston)......... 543 " 17—Resolutions No. 437-77, 438-77, 439-77, 440.77, 44177 Granting Cigarette, Beer and Liquor Licenses .... . ................543, 544, 545 " 21—Resolution No. 442.77 Awarding Contract to Zephyr Aluminum for replacement of windows in City Hall ..................... 538. 547 " 21—Resolution No. 443.77 Accepting Warranty Deed from Rims Realty, Inc, for purchase of Trenkle property ................. 5411 " 31 —Resolution No. 444.77 Approving the plat of the Subd, of Lot 2 Of lot 2 of Lot I of Lot 1 of Mineral lot 278. Section 33, T89N R2E.(Merfeld).............................. " 31—Resolution No. 445-77 Approving the of Subd. 549 plat of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of M.L. 278 in Section 33; and of the Subd. of Lot 2 of Lot 1 of Lot 1 of Lot 1 of M.L. 222 and lot I of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot I of lot 1 of Lot 2 of M.L. 220 in Sec. 34 T89N R2E (Merfeld) ................. " 31—Resolution No. 446.77 Approving plat of the Subdivision of lot 550 12. Block 7 in "Knob Hill" ....................... , , , , " 31—Resolution No. 447.77 Approving plat of Hloek 8 and Block 9 "Knob 550 each in Hill" in the City of Dubuque, Iowa (Duggan).. " 5.51 , , 31—Resolution No. 448.77 Approving vacation of Utility Eusemenl in St. George Subd. in the City ............... . . " 31—Resolution No. 449-77 Authorizing the acquisition of certain real Sri. property for the Development of a site for relocation of Engine HouseNo. 1 .............................................. " 31—Resolution No. 450.77 Awarding Contract to J.P. Cullen 553 8, son for Municipal Garage Addition .............................. INDEX -BOOK 107 1977 SUBJECT Pag,. Nov. 7—Resolution No. 451-77 Approving plat of the Subdivision of Lot 1 of SE'A of SE'/4 Sec. 20 and of the Subd. of Lot 2 of NE4A of SEI/4 Section 20 T89N R2E (Siegert Farml................... 565 " 7—Resolution No. 45277 Approving the plat of Blocks i & 3 of Em- bassy West Subdivision ............ ........ .... ...... .. 566. " 7 —Resolution No. 453-77 Final Estimate for Alta Vista Street Curb and Gutter Replacement Project ............................ 567 " 7—Resolution No. 4.5477 Accepting improvement for Alta Vista St. Curb & Gutter Replacement Project ..................... 567 " 7 --Resolution No. 455-77 Awarding Contract to Tsehiggfrie Exca- vating Co. for Alta Vista St. Curb & Gutter Replacement Proj- ect. .......................................... ....... 56h " 7—Resolution No. 456.77 Authorizing and directing Water De- partment to relocate conflicting watermains to proposed 17th St. Storm Sewer .......................................... 569 " 7—Resolution No. 457-77 Preliminary Estimate for construction of the South Fork Sanitary Sewer ............................. 569 " 7—Resolution No. 458.77 Necessity for Improvement for construc- tion of the South Fork Sanitary Sewer.. .... ..... . 569, 589 " 7—Resolution No. 459-77 Fixing Date of Hearing for South Fork Sanitary Sewer ........................................... 5711 " 7—Resolution No. 46077 Amending Resolution No. 207-77 regard- ing legal description at 311 St. locust ....................... 570 " 7—Resolution No. 461.77 Authorizing the acquisition of certain de- scribed real estate for Right -Of -Way for a Northwest Arterial Roadway (Siegert) ......................................... 571 " 7—Resolutions No. 462.77, 463-77, 464-77. 465.77. 4661.77 Granting Cigarette. Beer & Liquor Licenses ....................... 571, 572. 573 " 21—Resolution No. 467-77 Authorizing disposition of 40 feet long and 50 feet wide in Peil's Suhd. to A & H Development Co. Inc.. 580 " 21 —Resolutions No. -77 Approving plats in Arbor Oaks. (NOT AP- PROVEDI ................................................ 585 " 21 —Resolution No. 468.77 Approving the plat of "Buena Vista Court" in Section 2, Dubuque Township, Dubuque County. Iowa. (Licht) .............................................. 586 " 21 — Resolution No. 469.77 Approving the plat of the suhd. of Lot 2 of Lot 1 of Lot 1 of lot 1 of Lot 2 of "Louis H. Walter Place........ 587 " 21— Resolution No. 470-77 Approving plat of Lot 1 and Lot 2 of Lot l of Lot 1 of "Birch Acres" and Lot l and tot 2 of the Subdivision of Lot 15 of Block 1 in "Birch Acres.. ......................... 588 " 21— Resolution No. 471-77 Approving plat of Lots 1 thru 8 of Block 2 in"Birch Acres...................................... ...... 58N " 21—Resolution No. 472-77 Decision of Council upon objections, plans• etc., for construction of South Fork Sanitary Sewer..... 5911 " 21— Resolution No. 473.77 Ordering Construction of South Fork San ilary Sewer ...................................... 590 " 21 — Resolution No. 474-77 Awarding Contract for South Fork Sani- tary Sewer to Tri-State Paving Co .......................... 591 " 21 — Resolution No. 475-77 Approving the plat of Hawkeye Estates in the t'ity of Dubuque.(Hefell .............................. b91 " 21 — Resolution No. 476.77 Directing the City Clerk to publish pro posed amendment to the Fiscal Year 1978 Budget and Date of Public Hearing ........................ " 21 — Resolution No. 477-77 Approving the plat of Timber Ridge Ad- 593 dition, Subdivision of Lot 1 of lot A. Block 5 in the City (Hen- schel). ............................ " 21 —Resolution No. 478-77 Approving Correction Plat of Lot 1 and 594 Lot 2 of Lot 4 of Block 1 in River Front Subdivision No. 5 in City of Duhuque. Iowa. . .. . I I .................................. 595 " 21 — Resolutions No. 47977. 480-77. 481-77, 48277 Granting Liquor 596.597 andBeer Licenses ....................................... L'9—Resolution No. 77. Approving the Article of Agreement and Memhership on the Eastern Iowa Regional Housing Authority under the direction of ECIA.INOT ADOPTFW............... 589, 599 INDEX—BOOK 107 W17 Sl!BJECT Page s_ Re9oiation No. 77 Appointing Commissioners to the Eastern Authority from the City of Duhuqup. Laws Regional Housing 594 Iowa. 4NOT ADOPTED)........... .............. t7eq i - Resolution No. 48377 Approving Permanent Transfer of Funds. WM . 3 -Resolution No. 48477 Amending the CURRENT Bt IDGET for the Fiscal Year ending June 30. 1978 las amended last on July .................................................. i - Resolution No. 485 77 Accepting Warranty Deed from Holiday 60718.19771 Oil Distributing ........... ............................... 5 No. 486-77 Approving the plat of "Prairie Heights 608 -Resolution ...................... Subd." IA&H1........... ........... . " 5 -Resolutions No. 48777.488-77, 489.77 Granting Cigarette & Li 6" quorI.icenses............................................. 610.61i " 19 -Resolution No. 49077 Selecting a preferred Concept for propos- ed Freeway 561 in the City of Dubuque. Iowa, and requesting the Iowa Department of Transportation to prepare an environ mental assessment thereof. (Alternative 92 & 1151 ............. 615 19 -Resolution No. 49177 Providing for the dissolution of the Coum ty-City of Dubuque Authority .............................. 622 " 19 -Resolution No. 49277 Directing the transfer of Community De velopment Block Grant Funds from various other completed projects to a project to he designated "Operation Paintbrush." 623 19 -Resolution No. 493-77 Directing the transfer of CDRGF from various other completed projects and contingency account to Relocation of Engine House 111 Project ....................... 623 " 19-Reso)ution No. 494-77 Referring the Slate Building Code to in- terested organizations ..................................... 624 19 -Resolution No. 49577 Final Estimate for Sunset Ridge Drive Asphalt Paving Project .................................... 624 19 -Resolution No. 49677 Accepting and directing the Clerk to pub lish Notice for Sunset Ridge Dr. Asphalt Paving Project....... 625 19 -Resolution No. 497-77 Final Estimate for City of Dubuque Asphalt Paving Project No. l ............................... 625 19 -Resolution No. 498-77 Accepting Improvement and directing the Clerk to publish Notice for City of Dubuque 1977 Asphalt Paving Project No.1....................................... 625 19- Resolution No. 499-77 Approving the plat of Lot 1, Lot 2 and Lot 3 of "Takos Place" a Subd. of Lot B of Lot 1 of Lot 1 of M.L. 179 in the City............ ................. 626 14 -Resolution No. 5100-77 Approving the plat of Lots A and Bof Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High land Farm ............................. 627 19 -Resolutions No. 501 77.502-77. 50377, 504-77,.W.5-77 Granting Cigarette, Liquor & Beer Licenses .......................... 627 19 -Resolution No. 5106 77 Accepting the offer to sell Block 14. Dubu que Downtown Plaza to R. Hampton and Company, Inc........ 629 INDEX -BOOK 107 1977 SUBJECT — Page Jan. 3 — Stackis, Emil. appointed Mavor for calendar year 1977......... 1 " 3 Schlotzhauer, Wesley Jr.. resigned from Library Board....... 3 3 Schwartz et al and Mihalakis et al conveying "Block 2 in River Front Subdivision No. 2" to same....... ...... .. 7 3-- Supermarket Corp., granted Cigarette Permit & Liquor Li- cense ................... ........ ....... .....7.326.424.628 " 3 — Sacco. Betty N., appointed to Planning & Zoning Commission.. 8 17—Service Awards presented to Richard Frie fman and Walter A. Pregler. .. ...................... ............... 9 " 17 — Stackis, Emil appointed to Five Flags Bldg. Comm ............ 9 17 -- Swift. Thomas P., relative to purchase right of way bordering their property south of 1491-93 Bluff Street .................. 10 " 17—Sadler. Margaret. Denial of personal injuries claim ............ 12 17— Smith, Steve, granted Beer -Liquor License & Cigarette Li. cense. ................ ........ ........................ 33,324 Feb. 7 — Steger. Lonnie, Notice of property damage ................... 45 " 7 —Schmitz, Rick, relative to Unit Pricing ....................... 62 " 7 --Sinclair Marketing Inc., requesting vacation of portion of Ter- minal St......... ... .. ........................ .62, 89,373 " 7 — Street Bonds, providing for the issuance of same to pay for as- sessment of Jackson St. from 12th St. to 22nd St .............. 69 " 7 —Street Bonds, providing for the issuance of same to pay for as- sessment of Jackson St. from 22nd St. to Diamond St.......... 81 " 21—Salary for Mayor and Council, establishing same........... 94, 163, 164 " 21 — Siegert, Joseph et ux, relative to acquisition of right-of-way for proposed North-West Arterial ...................... 106, 215, 363, 571 Mar. 10—Schadles, Joseph L., refund on Cigarette License ............. 123 10—Schulte, Albert J., refund on Cigarette License ............... 123 10—Stone Hill Community Subdivision No. 1, Lot 3 plat approved.. 123 21—"Senior Citizen's Recognition Month;' month of May.......... 134 21 —Softball Complex, W.R.A relative to same .................... 134 21 —Schroeder, Kathryn, Notice of personal injury claim ........... 137 " 21 —Sewer, constructed to Roberts River Rides granted to Robert J. Kehl........... .. .................... ............ 138.151 21—Speed Limits established in the City .................... 141,152 " 21 —Sewer Services to Hamilton Glen Apartments requested by RETCorp ................................................ 143 " 21 —Schumacher, Earl, granted beer permit & Cigarette License... ....... ........ ...... ..........I........... . 148.284.423 " 21 — Sewage dumping in .Sanitary Sewer pumping station at Termin- al St. by septic tank contractors, recommending to charge by Don Deich....... ........... .... .... ......... 148 Apr. 4—Sculpture and residents program, C. Robert Justmann relative to samee.. .............. " 4 —Stackis. Mayor, relative to div erters on Washington Street.... 151 152 " 4 — Septic system, Gerald Ihm requesting to construct same in 1200 block Kelly bane.. 165 4 -- St. Patrick's Church Inc., granted Beer Permit and refund..... 173,382 18—Schwers Construction Co., Sidewalk Construction Bond submit Led...................................................... 17? 18 --Smith. F.N. Construction Co., General Liability Policy submit- ted...................................................... 177 18 — Schrup, Thomas, relative to closing of parks .................. 179 18—Spahn. Charles D.. requesting annexation of Lot 2 of 1 of 1 Beverly Pins ............................................. Pin( 186 18—Smith Kavla and Karen Ohnesorge granted Liquor License & Cigarette License............ .................... 198. 325 27—SHFJRIFF and Duhuque County, agreement with same to hold same harmless from any claims arising out of deputization of persons for City Parks and Airport Facilities ................. 200 May 2-- Sunset Ridge Sanitary Sewer, objections to installation of same. 204, 224 2— Special Assessment Aerountstransferred toSpecial Asessment 205 Reserve Account .......................................... INDEX -BOOK ] 07 1977 Subject Page 2—Swift. Thomas & Gerald. relative to rezoning request of F.ques Irian Heights.....................................'2.116. 240. 256. 270 2—Smith. Jane F... Notice of car damage claim ..... . ............. M1R 2—Schmitt Harbor Ramp. Richard L. Kieffer concerned over same. 212. 223 " 16—Setter, clave. advising of receipt of 5,500. by Dubuque Amhassa dors. .. ............. ............. 223 16—Schromen, Kenneth, sidewalk construction bond submitted.... 12134 16—Shive Hattery & Assaiates requesting installation of street lights on Pasadena Dr ................. ........... ..... .. 232 16—Section 8 Existing Housing Assistance Payments Program. flit temore advising of revised contract for same ................. 241 " 26—Sanders. Donald appointed to Planning & Zoning Commission. 2.17 June 6—Section R new construction project sponsored by Hf1MZ Part vers of Madison. Wise.• accepted by Duhuque's Housing Com mission. .............................. .I................ 25:1.:191 6—Schulte, Robert J., General Liability insuranee certificate sub mitted............ ...................................... 254 " 6—Section 701 Comprehensive Planning Assistance Program. au thorizing City Manager to enter into contract for same........ 272 6—Street Construction Program for three vears submitted to p()T............ ...................................... 276 6—Signalization of 20th Street from Central and Elm., F.A.U.S funds .. .............................................'2.77.'2.95.:i9.i 6—State Audit report for 7.175 to 6 30 76 submitted by City Man ager. ................................................. 2X2 6—Schnee, Steven T. granted Cigarette License & i,iquor Li epnse .................................................'2.94.477.611 " 6—Sheppey & Co. W.S., granted Cigarette License .............. 294 6—Schneller, Mathias A., granted Cigarette License........... , 2A4 6—Sears-Ropbuck Co., granted Cigarette License ............... 2M4 6—Sirloin Stockade Inc. granted Cigarette License. ............. 281 " 6—Stewart, Gary granted Cigarette License ................... . 2Mt 6—Sutter. Joseph granted Cigarette License• .................... 294 20—Stocker. Leland P., requesting to fill position on Library 1loard. 292 " 20—Szymanski, Roman• requesting to purchase Lot 51 in Rosedale Addn.................................................... 294 20—Schromen, Ken, General Liahilily Policy submitted........... 1.'95 20—Schueller, Dolores. settlement of personal injury claim........ 296 20—Schwers, James• no objections to Fremont access coming out on Lot 15 in Birch Acres........... I .......................... :0) " 20—Schrup's Subdivision, rezoning part of samee.................. 303.376 20—Sertoma Club requesting a Rock Concert in Petrakis Park on July21 ................................................... 20—Seventeenth Street Storm Sewer, Constriction of same, sub 306 mitting an application for certain funds under Title 1 of ihrblir Works Emplovment Act of 1976 for same.......... .1315. 443. 495 20—Schmitt Harbor Public Boat Ramp, authorizing the execution and suhmission of a local Public Works Capital Development and Investment Program Application for same ... 31M, 499 ... ....... 20—Schurbon, Pamela granted Cigarette License ........ 321 ........ 20—Sfikas, Pete granted Cigarette License & Liquor License.... " '121, 424 20—Schueller• Rita granted Cigarette License......... 3*25 20—Slefker, Jack granted Cigarptle License......... T_'•r 20—Shannhan. Francis J. granted Cigarette License...... " 1'.'5 20—Stampfer'44 Dept. Store granted Cigarette License... 1"", 20—Sunny Crest Manor granted Cigarette License..... 20—Spiegelhalter, Melvin A., granted Cigarette and Liquor I.i cense.................................... 20—Slowey, Dennis. granted Cigarette :i25. I W License.... 20—Savary, John L., granted Cigarette License K Liquor I.ieense. 20— Steeklein, Kenneth, Cigarette 32:> 325. 327 granted l,ieense . ......... 20—Schollmever, Paul granted Cigarette 325 K. Liquor I.0 en,es 20-- Sand, Donald• granted Cigarette '126, 327 &Liquor licenses " 20—Spielman, Helen appointed 326, 327 to Advisory ('orruni"i.,n 29—Schroeder. Rev. Karl 330 appointed 14, Library llwirii. n—.111,14,41 d 29- Stocker. Leland appointed ciu. 1251 to Library Board . :1:10 INDEX -BOOK 107 1477 SUBJECT - Page " '114— Solomon. Charlotte appointed to Historical Preservation Com- mission. ..... ..... ....... .. .................... 330 July 5—San Jose Pool.'State slept. of Health submitting inspection report on same ...... ........ ............. .............. 332 " 5—Soliciting, Mrs. Merl Adams objecting to outside organizations doing same in City.. ................. .. ... .... 332 " 5— Scheckel, Allen & Kathleen objecting to paving of Davis Ave... 338 5— Sands. Gene, objecting to paving of University Ave........... 3.38 " 5 — Schwan., James, objecting to paving of Lowell St, due to no ac- cess to Lowell St......... ... ...... .. ....... 339 " 5— Section 8 Existing Housing, HUD advising of availability for ad- ditional. .... .............. .... ................... 365 " 5—Securities Building Corp. granted Beer Permit ............... 367 " 5— Smith, Lowrie E., granted Cigarette Permit & Liquor License. 368, 573 " 18—Shoars. Neva, expressing appreciation for recognizing Hill Neighborhood . ........................................... 371 18—Si- clair withdrawing their request for vacation of portion of Terminal Street to allow relocation of an asphalt truck loading rack. .................................................... 373 " 18—Schrup. Nick. relative to market study of the Downtown Area. 373 18 — Scott, Dr. Edward, appointed as Medical Consultant for City... 374 18—Street maintenance payment from DOT for period of July 1, 1977 thru June 30, 1978 submitted ........................... 374 18—Sunset Ridge Drive Asphalt Paving Project .......... 394.438. 470. 624 " 18—Spielman, Helen granted Cigarette License & Liquor License & Refund ...............................................396.545.622 19—Speer. Paul D. Associates Inc., recommending Parking Facili- ties Revenue Bonds he sold to Channer Newman Securities Co. 398 Aug. 1—Senior Citizen Recognition Month, Esther Tauke relative to same.......... ..... ......... ...................... 401 " 1 — Schroeder, Gary R., Notice of sewer damage claim ............ 403 " 1—Sprenglemeyer, Attorney requesting not to schedule hearing for rezoning of Birch Acres ................................. 406 1—Schwers, James relative to rezoning of Birch Acres........... 406 " 1 — Sertoma Club requesting to sell light bulbs on Sept. 10th...... 409 1 —St. Anthony Messenger requesting to solicit subscriptions to their magazine ............................................ 409 1 —Smith, F. N., requesting to excavate in Admiral St............ 409 1 — Section 8 existing housing program for 100 units, approving ap- plication for same ......................................... 420 I - St. Columbkille Church granted Beer Permit & refund........ 423,487 " 15-- Stone Hill Community Block 6 Phase I, DEQ submitting water main extension construction permit for same ................. 427 15-- Smith, Richard & Thomas Felderman requesting to purchase lots at 550 W. 8th St.......... ..... ............... 427,619 15 — Schroeder. Dorothy M., Notice of Car damage claim........... 430 15— Scheuring, Jeanette, notice of personal injury claim ........... 430 " 15--Sprengelmeyer, J. A. et al relative to rainwater runoff on Park- way St. from Finley Hospital............ .......... 433 15— Siegert, Joseph F. & Ruth, and Edward Tschiggfrie requesting annexation of approx.75.018 acres .......................... 422, 509 " 31 --Smith, Donna requesting barricade proposal for Keyway Dr... 448 Sept. 6—Schulz. Eric A., relative to proposed Ordinance on Building Codes . ............................................... 454, 504. 616 6 ---Senior Citizens Square Dancers requesting parking considera tion at 10". Iowa St ........................................ " 6 -- Sister Agnes requesting parking consideration at 1099 Iowa St., 962 un behalf of Senior Citizens Square Dancers .................. 462 " 6 Street Finance Report for period of June 30. 1976 to June 30, 1977, submitted by City Manager ........................... 464 16 -- Staley, Mr., of Integra -Built Inc., City Manager to negotiate with same relating to option agreement for Downtown Urban ........................... renewal propertv... ......... ... ' to Rd. of Zoning Adjustment.... 478 479 14 - Scherre•r, Helen M., appointed " 14 Stewart, Terryl E.. appointed to Advisory Commission........ 479 " 14 Rtackis. Emil appointed to County Land Use Policy Commission. 479 INDEX -BOOK 107 1977 SUBJECT Page " 19—Schockemoehl, Al, requesting formation of Cit}, Youth Commis 487 Sion .............. " 19—SEVFNTFENTH STREET STORM SEWER, CONSTRUC TION OF SAME. ...................................... 494. 519. 539 " 19—Sanitary Sewer for W. 32nd St. completed ................... 495 19—Stone Hill Community Suhd. No. 1. Planning & Zoning approv ing final plat of same ....................................... 497 " 19—Schmidt, Judith, appointer! to Advisory Commission.......... WI " 19—Sswvel, Bob, appointed to Housing Rehab. Commission........ 501 Oct. 3—Sail Boat 1ne., operation of same to he checked ................ 503 " 3—Senior High School requesting Homecoming parade on Oct. 14. 510 3—Sacred Heart School requesting traffic signals at intersection of E. 22nd St. and Windsor Ave ............................ 510, 577, 604 " 3—Seventh Day Adventist requesting to conduct their ingathrring from Oct. 5th to Oct. 31st .......................... 511 program " 3—Steffen. Thomas et al. objecting to assessment of 32nd St. Sew er. ...................................................... 512 " 3—SEWER BONDS, providing for the issuance of same for W. 32nd St. Sewer ............................. .............. 514 " 3—Schmitt Harbor Municipal Boat Ramp widening........... 524. 535, 568 " 3—Sheldon. Linda. granted Liquor License and Cigarette License. 529. 543 " 17—Schultz, Eric, submitting reports relative to building defects and improper zoning uses ...................... I ........... 532,578 " 17—Smyth. Lillian A., Notice of personal injury claim ............. 53.9 " l7—Salvation Army requesting to sell Annual Christmas War Cry. 535 " 17—Schmidt, Judith appointed to Community Development Com mission. ................................................. 545 " 31—Stierman, Dale, requesting to connect to sanitary sewer and an nexation. ................................................ 549. 570 " 31—St. George Suhd., approving vacation of Utility Easement in same.. .. .. ................... ................... 5,52 Nov. 7—State Building Code Commissioner relative to visit of same.... .5.56 " 7—Siegert Farm, P & Z approving plat of same .................. 565 " 7—South Fork Sanitary Sewer, construction of same ............. 569. 589 " 21—Sendt, Duane. relative to allowing beauticians in ORA District. 575 " 21—South Fork Sanitary Sewer, DEQ submitting construction per mit for same ..................................... ........ 576 21—Sand, Eugene, Notice of car damage claim .................... 579 " 21—St. George and Tressa Streets, "Yield" sign requested at north east corner ..... ................ ...................... 564 " 21—Shopping Center, Dubuque Area Development AlWn., relative to same in Urban Renewal Land ............................ 585. 599 " 21—Sprengelmeyer, Atty., requesting approval of 2 plats in Arbor OaksSubd................................................ 585 Dec. 5—Sheehy Drive, Admiral, Navy League recommending road he tween Schmitt Memorial Marker and Sehmitt Harbor he named same...... ........... ....... .. 603 " 5—Sebwers, James A., resigning from Building Code Board of Ap peals..................................................... 605 " 5—Stonehill Street alignment to conform with Prairie Heights Plat, P & Z to check same........ . 61(1 ., 5—State Building Code, providing for same to be referred to inter ested Organizations ....................................... 624 " 19—Steiner, Terry, Jeffrey T. Maggio, Gregory J. Adams granted Cigarette and Liquor Lieenses .............................. 627, 628 19—Services, Retirement, Employment &•Housing, prohibited pray tices for same .. . .... ...................................... 61,10 INDEX -BOOK 107 1977 SUBJECT Page T .tan. 3 - "The Telegraph Herald" designated official newspaper........ 2 " 17 -Transit Board submitting minutes of their meetings........... 9, 88, 134. 176.221, 252, 332, 426, 503, 60 " 17 - Takos Realty, behalf of Sydney E. Miller of Dubuque Chips Inc., requesting purchase of Market Square ................. 10.44, 89, 220 " 17 -Thermo King Sales & Service of Dubuque. City At.tornev rela• tive to same purchasing real estate in Industrial Island..... 12. 178,225 " 17 -TV FM Cable Commission requesting Ordinance to establish Commission. ............................................. 15, 93 " 17 -TOPS Club objecting to fee increase for use of Allison Hender- son Pavilion... .................. ... .... .. .. 15.62 " 17-Thompson's Food Markets Inc., granted Beer Permit & Cigar- ette License...............................32, 111,324,368,423,597 Feb. 7 - Transit System submitting Audit Report for years ending June 30. 1975 and Jame 30, 1976 ............. .... ..... .... ... .. 43 " 7 -"Transitions to Freedom" group formed by Church Women United.... ........ ...... ...................... 4:1 " 7 -Terminal St., Sinclair Marketing Inc. requesting vacation of portion of same... ...... ................ ...62. 89.373 " 7-Thompson's Food Market refund on overcharge on Class "C" Beer Permit........ .... ... ... 63 " 7 -TERMINAL ST. FORCE MAIN FOR WASTEWATER TREATMENT FACILITIES CONTRACT 1. : *'* * * * " ­ * * * .. &4, 99 " 7 -Tabak. Sol appointed to Human Rights Commission........... 86 " 21 - Theisen Bldg. Co., et al requesting annexation of portion of Har- wood Place ........................ ..................103.209,254 " 21 -The Apartments Ltd. granted Liquor License ................ 112 Mar. 10-Tsevas, Father, Invocation given by same .................... 117 " 10 -- Thorp Finance Corp. vs. Merl F. Goerdt et al, Notice of petition. 121 " 12- Tax Askings reduced in amt. of $168.901.. ..... ... 133 " 21 - Timmerman Construction Co.. Sidewalk Construction Bond sub- mitted. ....................... ......... ....... 135 " 21 -Theisen Bldg. Co. et al, notice of public hearing by Planning & ?Zoning.. ......... .... .. ........... I .... 137,254 " 21 -Terrace Heights Subd., plat of Lot C and Lot D of same on Peru Rd.. approved ............................................. 144 " 21 -Target Areas for Rehabilitation Loan and Grant Program, Councilman Brady objecting to same ........................ 146 Apr, 4 -Thacker, Len, relative to United Fund ....................... 149-A 4 -TV Advisory Commission submitting names for appointment.. 150.222, 246, 463 " 4 -Timber Ridge Addition, approving plat of Lots 1 and 2, each in Block 6 in same .............. .... ......... ............. 166 " 18 -Tully. Councilman, requesting City Attorney to investigate re- funds on permits ............. 186 May 2 -Tri-State Paving, awarded contract for Central Ave. St. Lighting from 9th St. to 12th St ............................. 213,272 " 16-- Tigges. Richard H., granted Cigarette and Liquor Licenses. 243. 244, 325 " 16 Tegeler, Earl J. Granted Beer Permits (2) & Cigarette Licenses 131 .................... ...... ...........•.....243.284,445,597 .lune 6 -Teleprompter Corp., Bond submitted.......... I ............. 253 6- Tobin, Tom, objecting to rezoning in Equestrian Heights...... 256 " 6 -Tucker, Benjamin, structure owned by same to be dismantled 1311 S. Locust).. 263,290 " 6 --"Timber Ridge" Addition final plat approved. (Henschel)...... 267 " 6 - Tully. Councilman reliit ikr to Housing Code Enforcement...... 273 " 6 _- Terrace Heights Mobile Hume Park property rezoned......... 275 " 4; Tschiggfrie, Ray granted Cigarette License .................. 284 " 6 Transcalle.Inc.granted Cigarette License ................... 284 " ti Tressel. Allen C. granted Cigarelte License .................. 285 " r; 'tippe. Frederirk. 1lealth Olficer relative to same abating housing %.laii,n......................... ........................ " 20 Tri State Paving Co., Sidewalk Con.truction Bond submitted.. 288,291 295 " 'ill Tule n Ale granted Cigarette License and Liquor License...... 3'25, 327 INDEX -BOOK 107 1977 SUBJECT Page " 20 — Trausch Baking Co. granted Cigarette License ............... 325 326 " 20 — Taco John granted Cigarette License ...................... " requesting Class "B" Beer Permit and 24—Triangle lnvestments W. 368 Cigarette License.....................................329, " 29—Tri-State Flite Services Inc., approving lease by and between the Airport Commission and same ........................... 32N " 29—TV Cable Commission appointments to same ................. 390, 479 July 5—Teleprompter submitting financial statements for ,year ending Dec. 31,1976 .............................................. " 5—Theisen Building Company, Inc. annexation request.ed........ ,133 360 " 5—Turner, Jerry & Mary, granted Cigarette License............ :368 " 18—Timber Ridge Subd.. DEQ submitting water main extension permit for same ........................................... 371 " 18—Tennis Courts at Flora Park, Dubuque Tennis Assn. expressing thanks for renovation of same .............................. 373 " 18—Trenkle Property, City Manager requesting consideration in ac. quisition of same .......................................... 374,425 " 18—Takos, Realtor Peter, relative to purchase of Trenkle Building. 374 " 18—Tri-State Softball Tournament refund on Beer Permit......... 382 " 18—Tri-State Paving awarded contract for Pedestrian Curb Ramps. 383 " 18—Timmerman, Frederick C. and Janell, requesting annexation... 389 Aug. 1—Tauke, Esther, relative to support for Senior Citizens Recogni tion Month ..... ....... ........................ .... 401 " 1—Tri-State Paving Co., awarded contract for City of Dubuque 1977 Curb Replacement .................................... 411 " l —.Tri-State Paving Co. awarded contract for City of Dubuque 1977 Asphalt Paving ....................................... 412 " I—"Terrace Estates First Addition" IManternachl final plat ap proved................................................... 414 " 1—Transfer of CDBGF from Urban Renewal Land Project purr chase to the Program Administration Fund .................. 415 " I—TRENKi E PROPERTY, offer to buy same... 425, 446, 478,5A0, 545, 54H " 15—Terrace Estates Subd., DEQ submitting water main extension construction permit for same ............................... 427 " 15—Tuthill, Richard & Dianne. represented by Atty. Hartmann, No lice of motorcycle damages ................................. 429 " 15—Thermo King negotiations to he abandoned .................. 436, 478 " 15—Tri-State Paving Co. awarded contract for Main Street Light ing...................................................... 436 " 15—Tschiggfrie, Edward and Joseph F. & Ruth M. Siegert request ing annexation of approx. 75.018 acres. .................. 442. 509. 55M Sept. 6—Theisen Addn., DEQ submitting water main extension con struction permit for same ............... I ........... I ...... 452 " 6—Tegeler. Edward requesting zoning change of west side of L)300 Block of Central Avenue ................................... " 461, 505 6—Theisen property. P & Z recommending rezoning of same...... " 462. 506 6—Tri-State Paving Co. awarded contract for Sunset Ridge Dr. As phalt Paving .............................................. " 6—Tri-State Paving Co. awarded contract for 20th St. Traffic Sig 470 nals from Central Ave. to Elm Street ........................ " 471 6—Topeka Inn Management Inc., granted liquor license.......... " 477 14—Transit Board, appointments to same ...................... " 479 • . 14—Tully, Thomas Jr., appointed to County i.and Use Policy Com mission . ................. 14 — Tauke, Esther, appointed to Housing Commission............. 479 19—Tri-State independent Blind Society, purchase of building at 479 1098 Jackson ................ 19—Thompson. F:dna, appointed to Community l)cvclnpment ("ons t80 mission............. . Oct. 3—Tschiggfrie Excavating Co.. awarded contract for relocation of 5411 sanitary sewer and water main for the 5 Flags Civic Center.... 17—Tri-State Paving 512 awarded contract for Flora Park Tennis Nov. 7—Tschiggfrie Excavating Co., awarded contract for Schmitt liar 534hor float Ramp.......... . " 7 —T & M Inc. granted Liquor License...... ,................... 57:4 57;1 INDEX -BOOK 107 1977 Sl1RJF.CT Page " 21—Transit System, Financial Audit for ;ame for period of July 1, 1978 to June .30, 1977 suhmitted ............................. 57F " 21—Tressa & St. George Streets intersection, "Yield" sign request- ed at same .......................... .. ....... .. ..... 584 " 21 —Tri State Paving Co. awarded contract for South Fork Sanitary • Sewer. .. ....... ....... .......... ..... ...... 591 " 21 - "Timber Ridge Addn." approving portion of final plat for same. 594 " 21 - Town Clock Inn. Inc., awarded liquor license ................. 5% Dec. 5—Transfer of funds, providing for same ........................ 606 " 19- Teleprompter requesting complete transcript of records and proceedings relating to recent action taken by Human Rights Commission. ............................................. 61 -4 " 19 - "Takos Place," Planning & Zoning approving final plat of por- tion of same .............................................. 827 INDEX -BOOK 107 1977 SUBJECT Jan 4 17 — Urhan Renewal Project area. purchasing of necessary land in same by the City for the site of the 5 Flags Civic Center....... 19. 14:1 " 17—urban Renewal Project, Project No. Iowa R 15, authoririnR the execution of a contract for Audit Services for same............ 29. 251 Feb. 7—unit prices for consumer commodities, requiring the disclosure by retail distributors of retail same ........................ . . 62. .4.1 Mar. 21-11 of 11 requesting to post direction signs on routes leading to the university Campus .................................... 143. 334 " 30-11nion. General Drivers, Fact Finders report on negotiations with same considered ...................................... 149 May 16-11hlrich, Paul L. authorized to construct steps at 729 Lincoln Ave. .................................................... 227 " 16—Unification Church requesting to solicit IDF.NDEDI............ 232 " 118-11rhan Renewal Project, financial settlement requested....... 234, 249 June 20—Ungs, len, submitting names petitioning or suspension of taxes for 2nd half of 1976 and first half of 1977 ...................... :N4 " 20—Univerisly of Dubuque granted Cigarette License............ 125 July 25—lldelhofen, objecting to method used in granting conditional use permit to Area Residential Care on Broadway St ............. 93:1 5—University Ave., objections to paving of same and widening... . ......338. 3.14.:1W2. 402 " 18-11rhan Renewal Land downtown, City Manager recommending studyof same ............................................. 371 Aug. 1-1lnited Cerebral Palsy requesting to solicit funds week of Sept. 18th. .................................................... 409 15—"Union Label Week" Sept. 5-10 ............................. 426 Sept. R—United Assn. of .iourneymen & Apprentices of the Plgd. & Pipe Fitting industry urging continuance of enforcement of the Building Codes ............................................ 454 Oct. 31—utility Fasement in St. George Suhd., vacating same.......... 552 Nov.21-11rhan Renewal Land, Dubuque Area Development Assn. relative to market potential for same ............. .. 585, 599 Dec. 19-11rhan Renewal Property, City Manager directed to prepare documents and advertise remaining proposals for same. INt1T APPROVEDi.................... . INDEX -BOOK 107 1977 _ SUBJECT Page V Jan. 3 - Vreeland. Mary J., granted Cigarette Permit & Refund...... 7,325.463 " 17- Vacating portion of Robin Hood hr., by County Highway slept. 10 Feb. 7 - V.F.W. requesting to conduct Poppy Sale days on May 13 & 14. 62 7--Vacating portion of Terminal St., requested by Sinclair Marketing Inc..........................................62, 89, 373 Mar. 21 -- Vacating portion of Water Street as requested by Mulgrew nil (') ....................................................... 140,156 Apr. 4 - Vacating portion of alley between King & Broadway Streets, re• quested by Duane Rosenweig ............................... 165 " 18—Van Duelman, Carl A., granted Beer Permit & Cigarettee License & Refund...................................... 198,325.564 Mav 2 - Vacation of portion of alley located in South Park Hill Addn. and El Ru Place, as requested by Sydney Miller............... 212, 381. 405 lfi—Vacating of alley between Wall and Pine Streets from Market Square and terminating at Cypress St....................... 228, 2.58 .lune 6 — Vincent. Brian granted Cigarette License.................... 284 " 20— Vehicles, City, to he reduced by fifteen ......................:195. 306 20—Vacating portion of Wilderness Rd., requested by Jerry Gehrke.................................................. 306.428 20 — Village Inn granted Cigarette License....................... 325 July 5-- Vacating Sly 150' of Ruth St., requested by William P. Meyers.. .................................... ........337.455.484.507 " 5 - Vandermillen, Joe. objecting to paving of Cherokee Drive..... :149 Aug. I - Voels, Henry for James Bocek, settlement for car damages..... 254.402 " 15- Vacation of Garnet Ave., Dubuque Count Y Engineer advising of same............................................ I ......... 426 Sept. r; Vacating alley between 11th & 12th bounded by Jackson. Washington, 11th & 12th Sts., requested by Robert Walser, represented by Wm. Cornett Atty.......................... 45,4 19 Vreeland, Mary J.. refund on Liquor License................. 487 Ovi. 3 Vacating lot between Lot 155 in Hamm'- Subd., requested by Richard Fuorst.... ...... ............. .......... .... 510,532 " :1 Vacatint: portion of Roosevelt St. abutting Lots 75 & 77 re- giw%ted by John W. nuccinni ............................... 511.532 :U Vacation of 1'tility Easement in St. George Suhd., approving sanif..................................... ...... ......... 552 Noe. 21 Vacation of portion of Lexington SL, requested by John Combs. 584 INDEX -BOOK 107 --'SV Page 1977 --- -- W Jan. 3—Waltz, J. J. requesting special Election to fill varancy on the Council due to resignation of Alvin E. Lundh. ............... 4 " 17— Walnut & W. 11th Sts„ Wm. Daugherty requestin , stop sign at lei. 122 same. I ................................. " 26—Woodward, Wm., Dock Commissioners. relative to leasing of Dove Harbor by Conti Carriers ............................. 34. 186 Feb. 7—Wooten Streets, prohibiting parking on portion of same....... 61. 92 " 7— Warehouse Market. relative to 1'nit Pricing .................. 62,94 " 7—WASTEWATER TREATMENT FACILITIES CONTRACT 1 TERMINAL. ST. FORCE MAIN ......................... 83. 99. 168 " 21 -Wastewater Treatment Plant, operation permit submitted by DEQ..................... .. ................ 98 " 21— Willoughby. David et ux, requesting annexation of 0.78 acres in Henschel's Black Forest .................................... 102 " 21— White, John, relative to installation of plastic water main pipe in Cedar Lake Addn....................................... 110 " 21—Windsor, Richard B., granted Beer Permit & Cigarette Permil. 111, 324 Mar. 10—Washington Tool Library. funds for repair of same............ 127 " 10—Water meters. Mrs. Willard Farr relative to reading of .ame... 1 1 s. 136 " 10—Walnut St., eastbound & westbound vehicles on W. 11th tit. must stop before entering intersection of same ............... 122 " 10— Walk-A•Thon on March 17, 1977 requested by March of Dimes.. 122 " 10—W.R.A. relative to situation with Men's Recreation Aso n...... 123. 134 " 10—Will-Co granted Beer Permit ............................ 131. 324. 445 " 21—West End Neighborhood Assn. requesting recognizat ion with City and Community Development .......................... 137, 265 " 21— Water Street, vacating portion of same to Mulgrew oil Co.... 140, 156 Apr. 4—Washington Street Diverters, Mayor Stackis relative to same.. 152 " 4—Whittier Street. Interstate Power Co. submitting plans for ex pension of same ............... 1_ 2 " 18— Weslermeier. Guy, relative to park closing ................... 179 " 18—Wainwright, Steven requesting to conduct a Hunger Walk on April 24, 1977 ............................................. 1R.5 " 18—Walk, Julien by Robert T. McCoy, favoring Urban Renewal Style lighting for Lower Main Street ............ . ........... 191 May 16—West 11th St. submitting names for consideration on Historic Committee .............. ........ .................... 221.246 " 16—Walgreen Co., granted Beer Permit & Cigarette License... ''243. 284. 445 June 6— Washington St_ Diverters, Elsie Link objection to same....... 252 " 6— Water Service Connections increased .................... .. 25-3 " 6—Windsor Ave. from Davis Ave, to the northerly properly line of Stone Hill Community Subdivision No. 1. providing for improve ment of same .......................................... 279 " 6— Weber, Alice B.. granted Cigarette License & Beer Permit. .. 2k 1. '.'x;, " 15— Watters, Wm.. relative to application for the Low Rent llou.rnJ Program. 299 " 20— Woolworth's Store granted Cigarette License........... 125 " 20— Wareco System of Iowa granted Cigarette License............ 326 " 20— Wong, Chuck N., granted Cigarette Licensee .. . ............... 326 " 20—Willenborg. Barney granted Liquor license & Cigaretle Ili cense. ............................................. ;127. 368 " 29—Wertzherger. Richard appointed to Area "C" Development Study Comm ......................... 330 29— Waller, Robert appointed to Airport Zoning Commi%,t of 3330 .... " 29— Wahlert, R. If., appointed to 5 Flags Commission July 5—Wood, 3:10 Wm.. Chairman of Municipal Government Hr rc.rni .r tion Tusk Force submitting findings of their study.. " 333 5— Wagner, Robert and Agnes, relative to railcro%%int! a„ r313 nt... " 336 5— Wilhur St., objections to paving st....... " 339, 181 . 5— Wodrich, Ruth Adele, objecting to paving of %,ilbur til. " 339 5—Weher, James, objecting to taking of 4' from the south .oh „ I University Ave ..................... " *o. art, .......... 18—Water and sewer lines relocation for Civic Center lund, Ir4on Block Grant Fundic ....... . ............. ... 341). err". 111. 1911 INDEX -BOOK 107 1977 SUBJECT Page Aug. 1 —Winders. T. Edwin, P & Z recommending rezoning request of same..................................................... 40R, 460 1 — Women's Recreation Assn. Inc., granted Beer Permit & Refund. 423,511 " 15—Washington Park entered in the National Register of Historic Places. .................................................. 427 15— Wilderness Road, Jerry Gehrke et ux requesting vacation of portion of same ........................................... 306,428 15-- Willging, Mary et al, requesting street light for lower end of 700 Block of Monterest St .................... ..... ....... 433 " 31 — Wagner, Hubert et al, objecting to closing of Keyway Dr....... 448 31 — West End Neighborhood Assn., favor blocking Keyway Dr..... 448 Sept. 6— Walser, Robert, represented by Wm. Conzett, requesting vaca- tion of alley between 11th & 12th bounded by Jackson, Wash- ington,llth K, 12th Sts.. .... ... ..... ........ 453 6 — Welu. Jody, Notice of Claim for car damages ................. 456 " 6—Wahlert High School requesting homecoming parade on Oct. 13th. .................................................... 462 6— Willmes, P & Z approving final plat for same in Rosedale Addn. 471 " 14 — Wheelock, Kerry L. appointed to Advisory Commission....... 479 14 — Wertzherger. Richard Jr., appointed to Housing Commission.. 479 " 19 — Windows in City Hall, replacement of same........... 493, 517, 535, 547 19— West 32nd Street Sanitary Sewer completed ................. 495,512 19 — Water Mains for Fremont & Cedar Cross Road, construction... 498,516 Oct. 3—"White Cane Safety Day" Oct. 15th .......................... 503 " 3— W. 11th St. Neighborhood objecting to persons serving on His toric Preservation Commission ............................. 504 " 3— Wastewater Treatment Plant, inspection report submitted by DEQ ......................................... 504, 532..5.56, 578, 616 " 3 — W. 11th St. Neighborhood in favor of pre -sale inspection of real property ....... ............ ... ............. 504 3— Wertr.berger, Richard, appointed to N.E. Iowa Crime Commis- sion... ................ ........ .. ............ .. 529 " 17 — Winter, Karen appointed to Community Development Commis- sion.... ..................... ........ ................ 545 Nov. 7 — Water Department, Financial Audit for period of Judy 1. 1976 to June 30, 1977, submitted by City Manager ................... 556 " 7— Watters, Wm., appointed to Rehabilitation Commission....... 556 " 7—Water Department authorized and directed to relocation con- flicting watermains to the proposed 17th Street Storm Sewer.. 569 21 — West End Neighborhood requesting Park in their area........ 574 Dec. 5— Weitz rezoning request denied by I' & Z ..................... 606 5—Wetter, David J. & Joseph N. McGinnis granted Liquor License. ................................................. 611 INDEX -BOOK 107 June B-- Xavier Hospital requesting renovation of Fherid.in Road 261 INDEX —BOOK 107 1977 SUBJECT Page Y Jan. 17—Yacht Ravin requesting to construct sign in median of Kerper Blvd. at 18th St. . . ........................................ 14.95 Apr. 4—Youth in Government days, advised by Administrative Asst. KoPPP%.................................................. 150.222 May 2—•,YWCA nay" May 23rd .................................... 203 Aug. 15— Youth Services submitting quarterly report period ending Julv, 1977 . .................................................... 428 Sept.14 — Youth Services, appointments to same ....................... 479, 545 19— Youth Commission. City, requesting formation of same........ 08. 502 19—Y's Men's Club requesting to schedule Halloween Parade on Oct. 28th ................................................. 487 Oct. 17—"Youth Appreciation Week" Nov. 14 to20.................... 5.41 INDEX -BOOK 107 1977 -- SUBJECT Z July .5—Zwack. Atty. Joseph, requesting 5 ton gross weight limit on 33M Kellybane ............................................... Sept. 14 —Zimmer. Richard appointed to Civil Servire Commission....... 179 Oct. 17—Zephyr Aluminum Products awarded contract for replacement of City Hall Windows .................................... . 533, 517 0 Regular Session, January 3, 1977 CITY COUNCIL Regular Session, January 3, 1977. Council Met at 7:30 P.M. (C.S.T.) Present — Councilmen Brady, Stackis, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Mayor Pro 'Tem Stackis of the year 1976 called the meeting to order and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council, and also the first meeting of the vear 1977, called for the purpose of acting upon such business as may properly come before the meeting Councilman Tully moved that Coun- cilman Emil Stackis be elected to serve as Mayor for the ensuing fiscal year of 1977. Seconded by Councilman Wertz- berger. Carried by the following vote: . Yeas — Councilmen Brady, Stackis. Tully Wertzberger. Nays — None. City Clerk Leo F Frommelt adminis- tered the oath of office to Mayor Emil Stackis who took his place in the Mayor's chair at the Council table. RESOLUTION NO. 1-77 WHEREAS, Councilman Alvin E. Lundh, has heretofore submitted his resignation from his office of City Councilman which resignation has been accepted with regrets, and that said resignation is effective December 31. 1976: and WHEREAS, on this date a vacancy exists in the office of the City Council- man of the City of Dubuque, Iowa and same should be filled in order that the orderly processes of government may be pursued; NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Walter A. Pregler be and he is hereby appointed City Coun- cilman of the City of Dubuque. Iowa for the balance of the unexpired term of the said Alvin E. Lundh unless a special election is sooner held to fill the office for the remaining balance of the unex- pired term. Passed, adopted and approved this 3rd day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr Richard Wertzberger 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 Pregler, Tully, Wertzberger Nays — Councilman Brady. City Clerk Frommelt swore in newly appointed Councilman Pregler. Coun. cilman Tully moved that Councilman Brady be elected to serve as Mayor Pro Tem for the year 1977 Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. RESOLUTION NO. 2-77 Providing for the appointment of a City Manager, City Clerk, and City Solicitor for the City of Dubuque, Iowa: Providing for their bonds, and fixing their salaries. HE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: That the following officers be ap- pointed, subject however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without cause, and to be paid the com- pensation provided in the current bud- get and that the City Manager provide a bond in the amount of $5,000, and the City Solicitor provide a bond in the amount of $1.000 at their own expense and that the City Clerk be covered under the blanket Honesty bond of the City. City Manager Gilbert D. Chavenelle City Clerk ......... Leo F. Frommelt City Solicitor ... R.N. Russo Passed, adopted and approved this 3rd day of January 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 Council- man Wertzberger. Carried by the fol- lowing vote Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mayor Stackis swore in Gilbert D. Chavenelle as City Manager, Leo F. Frommelt as City Clerk and R.N. Russo Regular Session, January 3. 1977 as City Solicitor to serve during the Calendar Year 1977. RESOLUTION NO. 3-77 Designating the OHlclal Newspaper of the City of Dubuque, Iowa. BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: That "The Telegraph Herald" a daily newspaper of general circulation be appointed the official newspaper of the City of Dubuque. Iowa. Passed, adopted and approved this 3rd day of January, 1977. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk NAME OF DEPOSITORY Amer. Trust & Savings Bank Dub. Bank & Trust Co. First Nat. Bank of Dubuque Key City Bank & Trust Co. Councilman Tully moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Bradv, Pregler. Tully. Wertzberger. Nays — None. RESOLUTION NO. 4-77 Resolution Naming Depositories BE IT RESOLVED BY THE City Council of the City of Dubuque of Dubuque County, Iowa: That we do hereby designate the following named banks to be depositories of the City of Dubuque, Iowa funds in amounts not to exceed the amount named opposite each of said designated depositories and the Citv Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to -wit: LOCATION Dubuque, la Dubuque, la Dubuque, la Dubuque, la Dated at Dubuque, Iowa, this 3rd day of January, 1977. (SEAL) Leo F. Frommelt City Cler:, Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. The amount authorized by this re- solution is hereby approved. Maurice E. Baringer Treasurer of State January 3, 1977 To the Honorable Mayor and City Council As City Manager, 1 wish to advise your Honorable Body that all officers and employees who I have power to appoint and are under my supervision, direction, and control and whose ap- pointments continue at the pleasure of the Manager, and who are now serving in their respective capacities, will be paid salaries in accordance with the detailed distribution of proposed ex- penditures for the period of July 1, 1976 through June 30, 1977, as amended, which the Council established at the Max. Dep. in effect Max. Deposit under prior under this resolution resolution $5,000,000.00 $15,000,000.00 $5,000,000.00 $10,000.0W.W $5,000,000.00 $10AX1,000 00 $5,000,000.00 $10,000000.W time of budget hearing and as set out in the attached Wage, Salary and Benefit Book. Gilbert D. Chavenelle City Manager 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. January 3, 1977 Honorable Mayor and Members of the City Council We hereby submit personal bonds for the City Manager and City Treasurer and desire to have: your approval on same. Gilbert D. Chavenelle, Midwestern Ca. sualty & Surety Co. Bond No. FO -55838 $5,t1W. to 12-31-77. Gerald Hird, Tho Ohio Casualty Insur- ance Co., Bond No. 1898047 $500K) to 12-31-77 Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filing approved. Seconded by Councilman Regular Session, January 3, 1977 Wertzberger. Carried by the following tance of this project to the agricultural, vote: industrial and general business climate Yeas — Mayor Stackis, Councilmen of Northern Iowa, and ' Brady. Pregler. Tully, Wertzberger. WHEREAS, the City Council of NAVS — None. Dubuque, Iowa being full aware of the Communication of Five Flags Build- safety factor involved in four lane highways, and ing Committee submitting minutes of WHEREAS, the City Council of their meeting of December 16, 1976- Dubuque, recognizes the efforts of the presented and read. Councilman "520 First Association" to urge the early Wertzberger moved that the minutes be completion of the 520 Freeway Project, > received and filed. Seconded by Coun- NOW, THEREFORE, BE AND IT IS cilman Tully. Carried by the following HEREBY RESOLVED by the City vote: Council of Dubuque. Iowa, that it her - Yeas — Mayor Stackis. Councilmen eby supports the purposes and objec- Brady, Pregler. Tully, Wertzberger. tives of the "520 First Association", and Nays — None. commends the Department of Tran - Communication of Kenneth R. Pease sportation, State of Iowa, for its far - submitting a copy of resignation of sighted judgement to plan increased ' Wesley Schlotzhauer Jr. from the Li- construction of Freeway 520 in North- brary Board, presented and read. Coun- ern Iowa by 1980, and further, that the cilman Wertzberger moved that the DOT be urged to keep a high priority on communication be received and filed this very vital project. and resignation accepted with regret. Emil Stackis Seconded by Councilman Pregler. Car- Mayor tied by the following vote: Passed: January 3, 1977 Yeas — Mayor Stackis, Councilmen Approved: January 3, 1977 Brady, Pregler, Tully, Wertzberger. ATTEST: Nays — None. Leo F. Frommelt Communication of Emanuel Pieter- Citv Clerk son Historical Society submitting pur- poses of their society and requesting a Councilman Tully moved adoption of proclamation commemorating Black the resolution. Seconded by Council - History Day, Week or Month during man Wertzberger. Carried by the fol - February, presented and read. Council- lowing vote: man Tully moved that the communica- Yeas — Mayor Stackis, Councilmen tion be received and filed and referred to Brady, Pregler, Tully, Wertzberger. the Human Rights Commission for in- Nays — None. put and report. Seconded by Council- Communication of Iowa Department Environmental Quality submitting man Wertzberber. Carried by the fol- of Sewer Construction Permit for Birch lowing vote: Yeas — Mayor Stackis, Councilmen Acres on Fremont, presented and read. Brady, Pregler, Tully, Wertzberger. Councilman Pregler moved that the communication be received and filed. Nays — None. > Communication of Dubuque Area In- Seconded by Councilman Wertzberger. dustrial Development Corporation sub- Carried by the following vote: Yeas — Mayor Stackis, Councilmen mitting a resolution commending Iowa DOT for increased Planning and Con- Brady, Pregler, Tully Wertzberger. struction of Freeway 520 and requesting Nays — None. Proof of Publication, certified to by Council participation, presented and read. Councilman Tully moved that the the Publisher, of Notice of Hearing in - communication be received and filed. dicating no significant effect on envir- for the project of Main Street Seconded by Councilman Wertzberger. Carried onment lighting, comments up to December 24, by the following vote: Yeas — Mayor Stackis, Councilmen 1976, presented and read. Councilman Wertzberger moved that the proof of Brady. Pregler, Tully, Wertzberger. be received and filed. Nays — None. RESOLUTION NO. 5-77 publication Seconded by Councilman Tully. Carried Resolution commending Iowa Dot for by the following vote: Mayor Stackis, Councilmen Increased Planning and Con- ' Yeas — Brady. Pregler, Tully, Wertzberger. struction of Freeway 520 Nays —None. December 29, 1976 WHEREAS, the City Council of Dubuque, Iowa being fully informed of To the Honorable Mayor and the current status of the 520 Freeway Members of the City Council a sidewalk bond Project, and cognizant of the impor- We have approved Regular Session, January 3, 1977 continuation certificate for the benefit of Gilbert Roling and desire to have your approval of same for filing. Bond No. 5-729511 continuation cer- tificate from 1.18-77 to 1-I8-78. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be. received and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Richard Friedman submitting his resignation from the Planning & Zoning Commission effec- tive December 29, 1976, presented and read. Councilman Wertzberger moved that the communication be received and filed and resignation accepted with re- gret. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Donald D. & Ma- sako Dolan, in the amount of $40,000., for personal injuries received by Donald D. Dolan as the result of a fall on an icy walk in front of Irving School on December 1, 1976, presented and read. Councilman Brady moved that the No- tice of Claim be referred to the City Solicitor 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 J. J. "Hank" Waltz et al (382 signatures) requesting a special election to fill the vacancy on the Council, presented and read. Council- man Brady moved that the petition be received and filed and referred to the City Clerk for canvass. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Marshall Birch requesting refund of $50. on unexpired portion of Cigarette license, discontinued busi- ness on 12.29-76, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Richard J. Barton request- ing refund of 550. on unexpired portion of Cigarette License, discontinued busi- ness on 12-27-76, presented and read. Councilman Pregler moved that the refund begranted and City Auditor dir. ected to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mavor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Edward Bailey requesting refund of $50. on unexpired portion of Cigarette License, discontinued busi- ness on 12-31-76, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Gary J. Hanson requesting refund of 550. on unexpired portion of Cigarette License, discontinued busi- ness on 12-15.76, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of James K. Rupp requesting refund of 550. on unexpired portion of Cigarette License, discontinued busi- ness on 12-16-76, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Fondell & Sons Inc. requesting permission to excavate in 14th Street between Elm & Washington Streets, presented and read. Council- man Pregler moved that the request be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None RESOLUTION NO. 6-77 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Develop- ment Block Grant Projects WHEREAS, the City of Dubuque tinder dates of May 15, 1975, and June 9. Regular Session, January 3, 1977 1976, entered into Grant Agreements B-75-MC•19-00(14 and B -76 -MC -19.0004 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title 1 of the Housing and Communitv Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Uruan Development. environmental reviews have been processed for the projects hereinafter to be described to be fin- anced with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No. Sig- nificant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for each of the said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Rehabilitation Loan and Grant Pro- gram in Hill Street Community Development Project Area Emergency Home Repair Program in Hill Street Community Development Project Area Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution on January 3, 1977, author- izing the submission of request to the U.S. Department of Housing and Urban Development for the release of funds authorized under Title 1 of the Housing and Community Development Act of 1974, to undertake the projects. Passed, approved and adopted this 3rd day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waller A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community Development Block Grant Program, the City of Dubuque has prepared Notices of Finding of No Significant Effect on the Environment for the Projects iden- tified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Rehabilitation Loan and Grant Pro- gram in Hill Street Community Development Project Area Emergency Home Repair Program in Hill Street Community Development Project Area The City of Dubuque has found that these Projects have no significant effect on the environment based on the fol- lowing facts and reasons. 1 Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commitment of re- sources, known views of local groups, measures which can be in- stituted to lessen potential adverse impacts and to enhance the environment; 3. No loss of unique environmen- tal resources; 4. No irreversible development development trends; 5. A minimum occurrence of ad- verse effects that cannot be avoid- ed; and 6 No impacts on properties pos- sessing historical, archaeological, architectural or cultural significance. The City of Dubuque has made an Environmental Review Record of the Projects, and has placed these records on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque. Iowa. These environmental records are available for examination and may be copied between 5:00 A.M. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dubuque intends to request the U.S. Department of Housing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Thursday, January 20, 1977, addressed to Emil Stackis, Mayor of the City of Dubuque, City Hall, 13th and Iowa Streets, Dubuque, Iowa 52001. Dated and Published January 4, 1977. Leo F. Frommelt City Clerk Regular Session, January 3, 1977 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. RESOLUTION NO. 7-77 Fixing the Dale of the Public Hearing for Neighborhood Improvement Plans for the Hill Neighborhood Community Development Prolset Area WHEREAS, pursuant to Chapter 403 of the Code of Iowa, as amended, a Neighborhood improvement Plan has been prepared for the Hill Neighbor- hood Community Development area; and WHEREAS, Section 403.5 of the Code of Iowa, as amended, provides that the Local Governing Body shall hold a public hearing on a Community Development Project (urban renewal project) prior to the approval of such a project: now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk is her- eby authorized and directed to publish a Notice of Hearing in the form of Exhibit "A" attached hereto and made a part hereof for the Hill Neighborhood Com- munity Development Project. Passed, approved and adopted this 3rd day of January, 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" NOTICE OF HEARING Hill Neighborhood Housing Rehabilitation Area Notice is hereby given in accordance with Section 403.5 of the Code of Iowa, as amended, that a public hearing will be conducted by the City of Dubuque on the Hill Neighborhood Housing Rehabilitation Area. The public hearing will be held in City Council Chambers, City Hall, 13th and Central Avenues, Dubuque, Iowa at 7:30 PM on the 17th day of January, 1977. All property owners shall take notice that the above identified project in- cludes the area bounded as follows: Beginning at the intersection of the westerly right-of-way line of Roberts Street and West Fifth Street. proceed easterly along the southerly right-of-way line of West Fifth Street, crossing Hill Street, to the easterly right-of-way line of Prospect: thence northerly along the easterly right-of-way line of Prospect Street and Prospect Street extended until it intersects with the southerly right-of-way line of Ninth Street: thence westerly along Ninth Street and University Avenue to the intersection with the westerly right-of-way of Roberts Street as extended; thence southerly along Roberts Street as extended. and Roberts Street itself to its intersec- tion with the southerly right-of- way of West Fifth Street, which is the point of beginning. The purpose of this public hearing is to consider a proposal for the undertak- ing by the undertaking by the City of Dubuque, Iowa, of a Community Development Rehabilitation Project under Chapter 403 of the Code of Iowa, as amended, with Community Develop- ment Block Grant Funds and other fin- ancial assistance as available, to carry out plans for a program of rehabilitation and emergency repair of buildings, together with the provision of physical public improvements and limited acqui- sition which may be necessary to sup- port rehabilitation activities. Any person or organization desiring to be heard will be given an opportunity to be heard at such meeting. Materials are available for inspection at the office of the City Clerk, City Hall, Dubuque Iowa, and at the office of the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa, between 8:00 A.M. and 5:00 P.M., except Saturdays, Sundays and Holidays. 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. RESOLUTION NO. 8-77 WHEREAS, the City of Dubuque, Iowa has purchased the following de- scribed real estate Block 2 in "RIVER FRONT SUBDIVI- SION NO. 2" in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats 24, page 348, et seq., records of Dubuque County, Iowa, subject to easements and reservations of record Regular Session, January 3, 1977 and delivery of Warranty Deed co ATTEST: veving the same should be accepted. Leo F. Frommelt NOW THEREFORE BE IT RE- City Clerk SOLVED by the City Council of the City Mayor Stackis moved adoption of the of Dubuque. Iowa: resolution. Seconded by Councilman Section 1. That delivery of Wanrantv Pregler. Carried by the following vote: Deed conveying the above described Yeas — Mayor Stackis, Councilmen real estate to the City of Dubuque, Iowa Brady, Pregler, Tully, Wertzberger. by Louis P. Mihalakis, Margaret V. Nays — None. Mihalakis, Milton E. Schwartz, Mary E. RESOLUTION N0.10-77 Schwartz, Phillip L. Mihalakis, Marlene M.Mihalakis and Bryan G. Mihalakis. WHEREAS, applications for Liquor dated the 23rd day of December, 1976 be da Licenses have been submitted to this and the same is hereby accepted. Council for approval and the same have Section 2. That the City Clerk be and been examined; he is hereby directed to record said NOW THEREFORE BE IT RE - Warranty Deed in the office of the SOLVED by the City Council of the City Recorder in and for the County of of Dubuque, Iowa, that the following Dubuque, Iowa. applications be approved and licenses r Passed, approved and adopted this issued upon the compliance with the 3rd day of January, 1977. provisions of Chapter 131, Acts of the Emil Stackis First Regular Session 64th General Mayor Assembly. Thomas A. Tully Jr. CLASS "C" (COMMERCIAL) BEER Richard Wertzberger AND LIQUOR LICENSE James E. Brady Walter A. Pregler Kachevas. Inc., (Also Sunday Sales), ' Councilmen 665 Dodge Street ATTEST: Donald Kies, 2620 University Ave. Leo F. Frommelt David H. Hoffman and William J. Dix, City Clerk 450 West Locust Street Councilman Pregler moved adoption Passed, adopted and approved this of the resolution. Seconded by Council- 3rd day of January, 1977. man Tully. Carried by the following Emil Stackis vote: ' Yeas — Mayor Stackis, Councilmen Mayor Thomas A. Tully Jr. Brady, Pregler, Tully, Wertzberger. Richard Wertzberger Nays — None. James E. Brady RESOLUTION NO. 9-77 Walter A. Pregler BE IT RESOLVED by the City Coun- Councilmen cil of the City of Dubuque, Iowa, that ATTEST: the following having complied with the Leo F. Frommelt provisions of law relating to the sale of City Clerk Cigarettes within the City of Dubuque, Mayor Stackis moved adoption of the Iowa, be granted a permit to sell Cigar- resolution. Seconded by Councilman ettes and Cigarette Papers within said Pregler. Carried by the following vote: City. Yeas — Mayor Stackis, Councilmen Donald F. Bradley, 1091 Main Street Brady, Pregler, Tully, Wertzberger. Mary J. Vreeland, 1298 Main Street Nays — None. Steven Kraft, 2297 University Avenue Julia Nell Clark, 1322 Central Avenue RESOLUTION NO. 11-77 Supermarket Corp., 1101 Central WHEREAS, applications for Liquor Avenue Licenses were filed by the within named Albert E. Mohr, 1281 Dodge Street applicants and they have received the David H. Hoffman and William J. Dix, approval of this Council; and 450 West Locust Street WHEREAS, the premises to be oc- Passed, adopted and approved this cupied by such applicants were inspect - found to comply with the State 3rd day of January 1977. ed and Law and all City Ordinances relevant Emil Stackis Mayor thereto and they have filed proper Thomas A. Tully Jr. bonds; Richard Wertzberger NOW THEREFORE BE IT RE, James E. Brady SOLVED by the City Council of Walter A. Pregler Dubuque, Iowa, that the Manager be j Councilmen authorized to cause to be issued to the