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Y Roll_37 Part 3Regular Session, January 3, 1977 following named applicants a Iiquor license A85 Dodge Street Donald Kies, 26211 Untvemty Avenue David H. Hoffman and William J Dix, 450 West Locust Street 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 Councilman ATTEST: Leo F. Frommelt Citv Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. At 7:51 P.M. Councilman Tully moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Council Reconvened in Regular Ses Sion at 8:14 P.M. Mayor Stackis announced the follow- ing appointments: Dock Commission, William A. Conzett to fill unexpired term of Wm. J. McEllhiney expiring 11-26.78; Library Board, Andrew .l. Kisting to fill unexpired term of Wesley Schlotzhauer expiring 7-1-79; and Plan- ning and Zoning Commission, Betty N. Sacco to fill unexpired term or Richard Friedman expiring 5-24-81. Councilman Pregler moved ratifiaction of the ap- pointments. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger Nays — None. Leo tFF..1 Frommelt Approved ✓ er 6....... 1977 Ad< ..... .y6...... 1977 Councilmen E Clerk Special Session, January 17, 1977 9 CITY COUNCIL OFFICIAL Special Session, January 17, 1977. Council mel at 7.30 P.M. (C.S.T.) Present — Mayor Stackis. Council- men Brady, Pregler, Tully. Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Slackis read the call and stated that service thereof had been duly made and this meeting is called for the Pur- pose of considering Levying of As- sessments for the Reconstruction of Jackson Sir" and acting upon such other business as may properly come before a Regular Meeting of the Council. Service Awards were presented to Richard Friedman for work done con- cerning annexation to the City and Councilman Walter A. Pregler for work done on the Communitv Development Commission. A Proclamation proclaiming January 24th to January 28th, 1977 as "Chamber of Commerce Appreciation Week" was approved and signed by Mayor Stackis. Jacqueline Merritt, Chairman of Five Flags Building Committee, presented schematic plans for the Five Flags Civic Center. Councilman Pregler moved that con- tent material for the Council Agenda be received in the City Clerk's Office on or before 12:00 o'clock (noon) on the Wednesday preceeding a scheduled Council Meeting and briefing session be held on same Wednesday at 4:15 P.M. in the Council Chambers at City Hall. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of December 14, 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 — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meeting of December 15, 1976, presented and read. Councilman Tully moved that the minutes he received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of December 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of December 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 Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Playground & Recreation Commission submitting minutes of their meeting of January 10, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Human Rights Commission submitting annual report for FY 1975.1976, presented and read. Councilman Tully moved that the communication and report be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Alvin E. Lundh submitting his resignation from the Five Flags Building Committee effective January 1, 1977, presented and read. Councilman Tully moved that the com- munication be received and filed and resignation accepted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Five Flags Bui- dling Committee recommending that Mayor Emil Stackis be appointed to replace Alvin Lundh, resigned, and also place Don Burchette on the Committee, presented and read. Councilman Tully moved that the communication be received and filed and appointment ap- proved. Seconded by Councilman 10 Special Session, January 17, 1977 Wertzberger. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Thomas P. Swift indicating a desire to purchase a 40' right of way bordering their property to the south of 1491-93 Bluff St., also would like to discuss selling of approx. 600' frontage on Carter Road part of which abuts Arbor Oaks, to the City, presented and read. Councilman Tully moved that the communication be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque County Highway Department advising that a public hearing will he held on January 31, 1977 for the purpose of vacation of a portion of Robin Hood Drive, presented and read. Councilman Tully moved that the communication be referred to the Engineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa Arts Council congratulating the City as a recipient of a grant award, in the amount of $7500., in support of Department of Recreation Cultural Arts Program, presented and read. Councilman Tully moved that the communication be referred to the City Manager's Budget. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of U.S. Department of Justice requesting issuance of a pro- clamation naming January as "Alien Address Report. Month", presented and read. Councilman Tully moved that the communication be received and filed and month so proclaimed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Special Election: Annexation Proposition City of Dubuque December 28, 1976 State of Iowa, County of Dubuque: SS 1, Harold P. Meloy, County Auditor and Commissioner of Elections do hereby certify that on Tuesday. December 28, 1976, in the City and County of Dubuque, an election was held on the following measures to wit: "To annex the territory described in the City of Dubuque's petition for annexation, as approved by the City Development Committee on October 5, 1976, consist- ing of approximately 6.1 square miles of unincorporated territory located in Pe- ru, Dubuque, Table Mound, and Mo- salem Townships, all in Dubuque County, Iowa and lying adjacent to the present city limits of the City of Dubuque, Iowa. The entire text of which is on display on the left hand side the curtain of this voting machine and also posted publicly in the polling place. 1 further certify that an official can. vass of said election was held in Dubuque County Courthouse, Dubuque, Iowa, on Thursday, December 30th, 1976. Present at said canvass were Wilfred Bahl, Chairman, Donald C. Meyer, and Harold P. Meloy, County Auditor and Commissioner of Elections. In testimony, whereof, 1 have her- eunto set my hand and the seal of Dubuque County this 30th day of December, 1976. Harold P. Meloy Commissioner of Elections and County Auditor for Dubuque County TOTAL PERSONS PRECINCT YES NO VOTING 1 277 143 424 2 110 69 179 3 190 118 317 4 422 112 545 5 195 126 329 6 201 105 312 7 89 78 169 8 182 71 258 9 144 70 217 10 166 88 255 11 319 133 461 12 293 91 390 13 441 131 574 14 262 104 368 15 256 94 353 16 280 114 399 17 383 122 507 18 358 91 453 19 455 108 571 20 413 145 575 21 408 113 527 22 307 91 408 23 386 122 524 24 471 143 617 25 357 91 450 Dub. No. 4 206 217 Special Session, January 17, 1977 11 Dub. So. 12 173 IBR Members of the City Council Eagle Pt. 18 209 242 In accordance with the provisions of Tablemound 3 84 88 Chapter 400 Code of Iowa, of the 1975 + Absentee 243 131 374 Code the Civil Service Commission Total 7645 3476 11291 conducted Bus Operator examinations on January 12, 1977. There were 7645 Yes Votes; 3476 No The following named applicants have Votes. Proposition declared carried: Yes passed the written examinations and 68.74% No. 31.26% are hereby certified for appointment as In testimony whereof, we have her- follows: eunto set our hands and caused this to Hinkel, Ervin D. 94% ' be attested to and sealed by the County Lucas. Wesley E. 94% Auditor as Commissioner of Elections, Curran, Jerry P. 90% this 30th day of December, 1976. Howes, Bruce R. 90% Wilfred Bahl Moore, Michael W. 88% Chairman Murphy, Daniel W. 88% Donald C. Meyers Stowers, Marvin R. 88% Member Oglesby, Lois V. 86% Absent Schulte, Albert J. 86% Ray Scherrman Thomas, William E. 86% Member The above list of certified applicants ATTEST: constitutes the first ten to be considered Harold P. Meloy County Auditor and for appointments. We have a second list Commissioner of Elections of ten applicants that have passed the Councilman Tully moved that the required percentage of 70%, next high - Canvass be received and filed and made est in standing, which can be considered a Matter of Record. Seconded by Coun- if the above list is exhausted within one cilman Wertzberger. Carried by the fol- year. lowing vote: Sr. Carolyn Farrell Yeas — Mayor Stackis, Councilmen Chairperson Brady, Pregler, Tully, Wertzberger. John E. Hess Nays — None. Ray E. Harris Communication of Takos Realty, in Civil Service Commission behalf of Sydney E. Miller of Dubuque ATTEST: 1 Chips Inc., submitting a list of corpora- Leo t tion problems involving vacation of an Clerk Cittyylerk alley; also requesting the purchase of Subscribed and sworn before me Market Square; also seeking reparation this 13th day of January 1977 7. from the City for land previously pur- Z.D. Hantel mann chased on Southern Ave., presented and c Notary Public read. Councilman Tully moved that the communication be referred to the City Councilman Tully moved that the Manager for investigation and Manager communication be received and made a directed to report back at the February Matter of Record. Seconded by Coun- 7, 1977 Council Meeting. Seconded by cilman Wertzberger. Carried by the fol - Councilman Wertzberger. Carried by low ingvote: the following vote: Yeas — Mayor Stackis, Councilmen Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Brady, Pregler, Tully, Wertzberger. Nays — None. Nays — None. January 13, 1977 Communication of East Central In- Honorable Mayor and tergovernmental Ass'n. advising of the Members of the City Council availability of Federal Funds for park We have in response to your request development for land acquisition, pre- reviewed the petition of Mr. Kenneth sented and read. Councilman Tully Palm to purchase certain city property moved that the communication be located on the northerly side of Kauf- referred to the City Manager and Park Board. man Avenue just west of Grandview The is the owner of Seconded by Councilman Avenue. petitioner real estate located im- Wertzberger. Carried by the following vote: the parcel of east of the subject lot. Yeas — Mayor Stackis, Councilmen mediately We have inspected the property and Brady, Pregler, Tully, Wertzberger. both the City Engineer and the Planner concur that the Nays—None January 13, 1977 Development property be sold to Mr. Palm. We have To the Honorable Mavor and also contacted Mr. George Kennedy, the 12 Special Session, .lanuary 17, 1977 abutting property owner to the west. Although Mr Kennedy did the past request to purchase this lot, he is now no longer interested in pursuing his request. We recommend that the lot be sold to the petitioner for $7,541N) plus costs to consummate the transaction. Mr. Palm has agreed to these terms. We. understand that Mr. Palm will consolidate this lot with his presently owned lot for the purpose of construct- ing three single family dwellings. Copies of the petitions, a plat of the area and other papers are enclosed for vour information. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of ContiCarriers and Terminals, Inc. submitting two propo- sals for lease of Dove Harbor and requesting that the lease be finalized to allow for further development of dock facilities and business expansion, pre- sented and read. Councilman Tullv moved that the communication be referred to the Dock Board. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Na -vs — None. Proof of Publication, certified to by the Publisher, of List of Claims for the month of November, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. January 7, 1977 Honorable Mayor and City Council As you know, sometime ago you ap- proved the sale of a parcel of real estate in the Industrial Island to the Thermo King Sales & Services of Dubuque, Inc. and the matters have been completed from the standpoint of the City and this office has been ready and prepared to conclude the matter to the final consummation. This writer has been informed by the president of the company that the com- pany has been undergoing reorganiza. ;tonal adjustment and that it is expected that this property transaction will be finally consummated, hopefully, by the middle part of March of this year. it is the recommendation of this writer that the City go along with the buyer in completing this transaction in the latter part of March of this year. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and approved contingent upon Thermo King to begin construction within one year. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the month of August, 1976, presented for Council approval. Councilman Tully moved that the Council Proceedings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. January 10, 1977 Honorable Mayor and City Council On August 20, 1974, Original Notice with petition attached was served on the City of Dubuque, Iowa wherein Margaret Sadler claimed damages in the amount of $20,000.00 for injuries al- legedly suffered as the result of an al- leged fall on a public sidewalk claiming personal injuries as the result there- from; and that said action was filed in the District Court of Dubuque County, Iowa as Law No. 40277 and, that ther- eafter, this matter was referred to the City Attorney's office and appropriate defenses were asserted thereto, and that said action has been dismissed at no cost to the City of Dubuque, Iowa. A copy of the Original Notice with pee icon attached is 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Patrick Finn, in an undetermined amount, for car damage incurred as the result of car driving into an open manhole on the 20th Street between Jackson & Washington Streets Special Session, January 17, 1977 13 on January 6, 1977, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Gerald W. Neuhaus, in the amount of $265., as the result of a sewer backup into his home at 820 Mt. Loretta on December 7, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of American Interin- surance Exchange, in the amount of 5881.54, which represents damage to Karl A. Kane's 1974 Open Road Motor Home caused by placing a fire hydrant too close to the curb in a legal parking area at 11th & Iowa Streets on October 29, 1976, presented and read. Council- man Tully moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Suit of Mrs. Vaughn Radabaugh, in the amount of =10,000., for personal injuries received in a fall on an icy sidewalk in the W. 8th Street public right of way on January 4, 1975, Presented and read. Councilman Tully moved that the Notice of Suit be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting an Ordin- ance providing for the inclusion of several properties along J.F.K. Road in the recently created OR-I"a" Office Residential District Classification AND An Ordinance amending and changing Zoning Ordinance No. 32-75 so as to reclassify certain properties all lying on J.F.K. Road from ORA Office Residen. tial District Classification to OR -1"a" Office Residential District Classification (Forward from meeting of 12.20.76) presented and read. Councilman Tully moved that the communication and ordinance be tabled to the Work Session to be held on January 25, 1977, at 7:00 P.M. in the Council Chamber in City Hall. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on an amendment to Ordinance No. 32.75 which proposes to enact a new Section 4-109.4 to provide for and auth- orize issuance of Conditional Use Per- mits for certain limited commercial ac- tivities in areas or in structures of his- torical or architectural significance. The Ordinance providing for this amendment, which is hereto attached, explains the history of earlier amend- ments providing for historical preserva- tion measures which were deleted with the adoption of the new Zoning Ordin- ance No. 32-75 in September 1975. The Commission has determined that this amendment fulfills the need to es- tablish provisions governing uses in areas or structures of historical or ar- chitectural significance and recom- mends your favorable consideration. 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 Stackis, Councilmen Brady, Pregler, 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" repealing Section 4.109.4 of Article IV, thereof, and enacting a new Section 4-109.4 of Article 1V, thereof, to provide for the issuance of Conditional Use Permits for certain limited Commercial Activities, in areas or structures of His- torical or Architectural Significance within the OR -I office Residential Dis- trict, presented and read. Councilman Tully 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 Stackis, Councilmen I Sj .r-,jw Session, January 17, 1977 ltratt..FYepwr Tulit.weruberger. Nov.— None ..nuncitman Tully moved that the rut, requirms an Ordinance to be received mW filed at two meetings prior cr- the meeting when final action is taken. be dispensed with. Seconded b)- Cnuncilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that a pub- lic hearing be held on the Ordinance on February 7, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Yacht Basin submitting an application to con- struct a sign in the median of Kerper Boulevard at the corner of 16th Street AND An Ordinance authorizing the Dubuque Yacht Basin Inc. to construct a sign, presented and read. Councilman Pregler moved that the communication and ordinance he referred to the City Manager and Staff. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Assistant City Manager submitting four ordinances covering Plumbing, Electrical, Heating, Ventilating, Air -Conditioning & Re- frigeration, activities of the Building Department, presented and read. Coun- cilman Pregler moved that the com- munication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE amending Ordin- ance 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 registra- tion fee to increase permit fees, license fees, and license examination fees; requiring a permit and fee for the in. stallation, changing, replacing, or repair of all private water mains and services; and doubling permit fees for work com- menced before first obtaining a required Permit, presented and read. Councilman Brady moved that the Ordinance be referred to the Council Meeting of Fe- bruary 7, 1977. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. AN ORDINANCE amending Ordin- ance 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 ther- eof 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, pre- sented and read. Councilman Brady moved that the Ordinance be referred to the Council Meeting of February 7, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE revising Ordinance No. 30-72 known as the Electricians' Registration Ordinance by repealing Ordinance No. 30-72 in its entirety and re-enacting the following in lieu thereof; to provide for the examination and registration of Electrical Contractors, Journeyman Electricians, and Mainten- ance Electricians, and the collection of fees, and to establish an Electrical Ex- amining Board and to provide penalties for violations hereof, presented and read. Councilman Brady moved that the Ordinance be referred to the Council Meeting of February 7, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE revising Ordinance No. 31-72 known as the Electrical Or- dinance 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 ma- terials, and fixtures used in the installa- tion, maintenance, extension, and alter- ation of all wiring, fixtures, applicances. and appurtenances in connection with various electrical systems; to provide for the enforcement of the code by creating the office of electrical inspec- tor, the appointment of an electrical inspector, the issuing of electrical per- Special Session, January 17, 1977 15 mits, the collection of permit fees, to Brady, Pregler, Tully. Wertzberger. establish an electrical appeals board and Nays — None. to provide penalties for violations her- Petition of American Legion Aux - 1 eof. presented and read. Councilman iliary requesting permission to conduct f Brady moved that the Ordinance be their annual Poppy Day Sale on May refereed to the Council Meeting of Fe 27th and 28th, 1977, presented and read. bruary 7, 1977. Seconded by Council- Councilman Wertzberger moved that man Wertzberger. Carried by the fol- the request be approved subject to lowing vote: coordination of the City Manager. Yeas — Mayor Stackis. Councilmen Seconded by Councilman Tully. Carried Brady, Pregler. Tully, Wertzberger. by the following vote: Nays — None. Yeas — Mayor Lundh, Councilmen Petition of Dubuque TV -FM Cable Brady, Pregler. Tully, Wertzberger. Advisory Commission requesting the Nays — None. enactment of an Ordinance to establish Petition of Joseph E. Reisdorf ' a Commission, submitting a preliminary requesting refund of $50., on the unex- j Ordinance: and recommending various pired portion of Cigarette License No. 1 additions and changes, presented and 96.5, discontinued business on December read. 31, 1976, presented and read. Council - James Renier, Chairman of the Com- man Wertzberger moved that the fmission spoke to the Council relative to refund be granted and City Auditor I petition. Councilman Wertzberger directed to issue proper warrant. n moved that the petition and ordinance Seconded by Councilman Tully. Carred be referred to the City Attorney. by the following vote: Seconded by Councilman Brady. Car- Yeas — Mayor Stackis, Councilmen ried by the following vote: Brady, Pregler. Tully, Wertzberger. Yeas — Mayor Stackis, Councilmen Nays — None. Brady, Pregler, Tully, Wertzberger. Petition of Theodore C. Bartman Nays — None. requesting refund of $50. on the unex- Petition of Iowa TOPS 131 (23 signers) pired portion of Cigarette License No. being opposed to any increase in fees for 923, discontinued business on December the use of Allison Henderson Pavilion, 31, 1976, presented and read. Council - presented and read. Councilman man Wertzberger moved that the Wertzberger moved that the petition be refund be granted and City Auditor referred to the Recreation Department directed to issue proper warrant. for report back at the Council Meeting Seconded by Councilman Tully. Carried of February 7, 1977. Seconded by Coun• by the following vote: cilman Tully. Carred by the following Yeas — Mayor Stackis, Councilmen vote: Brady, Pregler, Tully, Wertzberger. Yeas — Mayor Stackis, Councilmen Nays — None. Brady, Pregler, Tully, Wertzberger. Petition of Greg Cigrand et al (5 Nays — None. signers) objecting to the lack of re - Petition of William Daugherty sponse and negatism from Cable TV in requesting a stop sign at Walnut and W. requesting service from Admiral Street, 11th Streets, presented and read. Coun- presented and read. Councilman cilman Wertzberger moved that the Wertzberger moved that the petition be petition be referred to the City Manager referred to the Cable TV Commission. and Traffic Department. Seconded by Seconded by Councilman Tully. Carried Councilman Tully. Carried by the fol- by the following vote: Yeas — Mayor Stackis, Councilmen lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Brady, Pregler, Tully, Wertzberger. i Nays — None. RESOLUTION NO. 12-77 Nays — None. Petition of Clarence Eulgem request. WHEREAS, Alvin E. Lundh. City ing stop and go lights at the foot of the Councilman of the City Of Dubuque, has heretofore submitted his re - hill coming down from Mercy Medical Iowa, as such Councilman effec- Center across Dodge Street, to alleviate hazards involved trying to get into the signation live December 31,1976; and Doctor's Court, presented and read. WHEREAS, the City Council of the Iowa at Its meeting Councilman Wertzberger moved that City of Dubuque, January 3, 1977 was presented the petition be referred to the City Manager and Traffic Department held on with a petition requesting a special Seconded by Councilman Tully. Carried election to fill the office Of City Coun- for the remaining balance of the by the following vote: Yeas — Mayor Stackis, Councilmen climan unexpired term signed by eligible 16 Special Session, January 17, 1977 elector$ entitled to vote to fill the office in question, and which petition bore the signatures equal In number to two per- cent of those who voted for candidates for the office at the last preceding election; and WHEREAS, the County Auditor, as Commissioner of Elections, should be directed to call a special election to fill the office of City Councilman at the earliest practicable time. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the petition signed by the eligible electors requesting that a special election be held to fill the office of City Councilman for the remaining balance of the unexpired term of Alvin E. Lundh be and the same is hereby approved. Section 2. That the Dubuque County Auditor, as Commissioner of Elections, be and he is hereby requested to call a special election at the earliest practica- ble time to fill the office of City Coun- cilman for the remaining balance of the unexpired term of Alvin E. Lundh, which term expires on December 31, 1977. Section 3. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolu- tion forthwith to the Dubuque County Auditor as Commissioner of Elections. Passed, approved and adopted this 17th 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing, (the last of two), for the purpose of obtaining the view of residents in the City on Community Development and Housing Needs, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger Nays — None. Communication of Community Development Commission requesting the adoption of a Community Develop. ment Block Grant Budget for FY'78, presented and read. Councilman Tully moved that the communication be received and filed and adopt budget. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing, relative to the Hill Neighborhood Hous- ing Rehabilitation area, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None RESOLUTION NO. 13-77 Approving the Neighborhood Im- provement Plan for the Hill Neigh- borhood Community 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 elimin- ate 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 or slums or blighted areas or portions thereof by the provisions of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or dilapidated 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 accomodations within their means and without un- due hardship to such families; b. The neighborhood improvements plan conforms 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 Special Session, January 17, 1977 17 Hill Neighborhood Community Development Project and encompass- ing the area bounded and described 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 Pro- spect Street; thence northerly along the easterly right-of-way 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. 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 Hill Neighborhood Com- munity Development Project Area and has determined that the area is blighted and deteriorating area and that it is detrimental to the inhabitants thereof and of the City of Dubuque at large, inasmuch as said studies indicate that 40% of the residential structures in the area need some sort of minor repair and maintenance, 27% of the residential structures in the area need some sort of major repair and I I% of the residential structures in the area are either deter- iorating or dilapidated, and that there exists in the area various blighting con- ditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque, a Neighborhood Im- provement Plan for the Hill Neighbor- hood 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 COUNCIL of the City of Dubuque, Iowa: Sectlon 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Hill 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 substantially impairs or deteriorating structures. Sectlon 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk is hereby directed to file said copy of said Neigh- borhood Improvement Plan with the minutes of this meeting. Sectlon 3. That it is hereby found and determined that the Neighborhood im- provement 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, consistant 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 17th day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 14-77 Authorizing submission of a request for release of activity 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 Environmen- tal Assessment of the following iden- tified proposals (projects) with Com- 18 Special Session, January 17, 1977 munity Development Block Grant funds; and Rehabilitation Loan and Grant Pro. gram in Hill Street Development Project Area Emergency Home Repair Program in Hill Street Development Project Area WHEREAS, pursuant to Resolution No. 7.77 adopted January 3, 1977, Public Notice of a "Finding of No Significant Effect on the Environment for the proposal (project) was published Jan- uary 4, 1977, in the Dubuque Telegraph Herald, a newspaper of general circula. tion, and provided for a public comment period until 12:00 Noon, Thursday, Jan- uary 20, 1977; and WHEREAS, Public Notice of a "Find- ing of No Significant 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 Housing and Urban Development for release of activity under the said Act to carry out the above identified projects; now therefore BE IT RESOLVED BY THE CITY COUNCIL 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 28th day of January, 1977, a request for release of activity to under- take 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 environmen- tal 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 author- ized and directed to execute a Cer- tification pertaining to the environ. mental review procedures. 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 Activity and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 17th 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" 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 January 28, 1977, for Release of Ac- tivity for Certification of the following identified projects to be undertaken with funds made available under Title I of the Housing and Community Development Act of 1974. Rehabilitation Loan and Grant Pro- gram in Hill Street Development Project Area Emergency Home Repair Program in Hill Street Development Project Area 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 Central Avenue, 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 7th day of February. 1977. The name of the applicant is the City of Dubuque, and the Chief Executive Officer of the applicant is Mayor Emil Stackis. The mailing address for both the applicant and the Chief Executive Special Session, January 17, 1977 19 Officer is City Hall. 13th and Central et seq., of the 1975 Code of Iowa; and Avenue. Dubuque. Iowa. WHEREAS, said Authority has Iain The City of Dubuque will undertake unproductive for a number of years past the projects described above with block now, and it is indicated that said Auth- grant funds from the U.S. Department ority should be dissolved as it would of Housing and Urban Development serve the best public interest; (HUD), under Title 1 of the Housing and NOW THEREFORE BE IT RE - Community Development Act of 1974. SOLVED BY THE CITY COUNCIL of The City of Dubuque is certifying to the City of Dubuque. Iowa: HUD that the City of Dubuque and Emil Section 1. That the County -City of Stackis, in his official capacity as Dubuque Authority be and the same is Mayor, consent to accept the jurisdic- hereby ordered dissolved. tion of the Federal Courts if an action is Secy 2. That the City Attorney be brought to enforce responsibilities in and he is hereby ordered to do any and relation to environmental reviews, all things necessary and incidental to decision-making, and action; and that securing the dissolution of said Auth- these responsibilities have been satis- ority and to report back to this Council Pied. The legal effect of the certificaticn when such has been consummated. is that upon its approval, the City of Passed, approved and adopted this Dubuque may use the block grant funds 17th day of January, 1977. and HUD will have satisfied its respon- Emil Stackis sibilities under the National Environ- Mayor mental Policv Act of 1969. HUD will Thomas A. Tully Jr. accept an objection to its approval of Richard Wertzberger the release of funds and acceptance of James E Brady the certification only if it is on one of the Walter A. Pregler following bases: (a) That the certifica- Councilmen tion was not in fact executed by the ATTEST: Chief Executive Officer or other officer Leo F. Frommelt of applicant approved by HUD; or (b) City Clerk That applicant's environmental review Councilman Pregler moved adoption record for the project indicates omission of the resolution. Seconded by Council - of a required decision, finding, or step man Wertzberger. Carried by the fol - applicable to the project in the environ- lowing vote: mental review process. Objections must yeas — Mayor Stackis, Councilmen be prepared and submitted in accor- Brady, Pregler, Tully, Wertzberger. dance with the required procedure (24 Nays — None. CFR Part 58), and may be addressed to January 13, 1977 HUD at the Omaha Area Office, 7100 Honorable Mayor and West Center Road, Omaha, Nebraska Members of City Council 68106. Objections to the release of funds The enclosed resolutions pertain to on bases other than those stated above the purchase of the necessary land in will not be considered by HUD. No the urban renewal project area by the objection received after the 8th day of City for the site of the Five Flags Civic February, 1977 will be considered by Center. HUD. In September of 1975 the Five Flags Leo F. Frommel[ Center Fund purchased the east half of City Clerk the block fronting on Main Street i Councilman Tully moved adoption of between Fourth and Fifth Streets. This the resolution. Seconded by Council- half block included the Orpheum same time the Five Flags man Pregler. Carried by the following Theater. At the Fund agreed to purchase in Fe - vote: Yeas — Mayor Stackis, Councilmen Center bruary of 1977 the west half of the same All of this block except the land Brady, Pregler, Tully, Wertzherger. Nays — None. block. upon which the theater is situated will be used for the new Civic Center. RESOLUTION NO. 15-77 Resolution No. 1 authorizes the City Resolution ordering the Dissolution of to repurchase for $80,257.60 the east half the County -City of Dubuque of the block except that part upon Authority which the theater is located. This is the WHIiREAS, .he County -City of identical price Five Flags paid for the The Five Flags Center Dubuque Authority was created in April, 1964, pursuant to Chapter 239 of samelandin1975. Fund will deed without charge the the 60th General Assembly, now theater and theater site to the City at a referred to and known as Section 346.26 later date. 20 Special Session, January 17, 1977 Resolution No. 2 discharges the Five Flags Center Fund from their obligation to purchase in February the west half of the block. This resolution also author- izes uthorizes the City to refund a $9.208.56 good faith deposit which the Five Flags Center Fund paid in 1975 to secure the sale. Resolution No. 3 authorizes the City to purchase for $92,085.62 the west half of the block from the urban renewal project. This is the identical price that Five Flags was obligated to pay for the same land. This resolution also sets forth a number of conditions required by the Department of Housing and Ur- ban Development of public bodies which retain urban renewal land for redevelopment. These conditions cover both the east and west halves of the block. The total cost of the Five Flags Center site to the City is summarized as follows: East half of Block excepting the theater $80,257.60 West half of Block 92,085.62 Total $172,343.22 Gent M. Wittenberg Assistant City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 16-77 Authorizing the repurchase of certain land In the Down -Town Urban Renewal Project, Iowa R-15, from the Dubuque Five Flags Center Fund. WHEREAS, under date of September 17, 1975, the City of Dubuque and the Dubuque Five Flags Center Fund en. tered into a certain Agreement entitled "Contract for the Sale of Land for Private Redevelopment" in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of September 29, 1975, pursuant to the terms of said Agreement, the City of Dubuque upon receipt of the appropriate purchase price conveyed to the Dubuque Five Flags Center Fund land legally de- scribed as Lot I of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa; and WHEREAS, under date of August 17, 1976, a bond proposition in the amount of $3,700,000 was duly carried and adopted at a Special Election by the voters of the City of Dubuque to con- st rust and equip and to acquire a site for a Civic Center: and WHEREAS, the site for the construc- tion of the said Civic Center includes the unimproved portion of said Lot I of Block 15 in Dubuque Downtown Plaza; and WHEREAS, the Dubuque Five Flags Center Fund, organized for the purpose of developing a Five Flags Center, has pursuant to the terms of the said Agreement, completed the renovation - :restoration of the improvements locat- ed on the southerly 63.6 feet of the easterly 114 feet of said Lot I of Block 15 in Dubuque Downtown Plaza and has consented and agreed to the voluntary resale of the balance of said Lot 1 to the City of Dubuque, Iowa, and WHEREAS, the intent of this Re- solution is to authorize the City of Dubuque to repurchase from the Dubuque Five Flags Center Fund the balance of Lot 1 of Block 15 in Dubuque Downtown Plaza at the same unit price at which the said property was pur- chased by the Dubuque Five Flags Center Fund, and for the City of Dubuque to construct upon said property and certain adjacent property a Civic Center. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Section 1. That is hereby found and determined necessary for the purpose of providing a site for the construction and equipping of a Civic Center thereon to reacquire Lot 1 of Block 15 in Dubuque Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly 114 feet in the City of Dubuque. Iowa, from the Dubuque Five Flags Center Fund. Section 2. That the City Manager be and he is hereby authorized and direct- ed to do any and all things necessary and requisite to repurchase the above described land from the Dubuque Five Flags Center Fund. Section 3. That the Director of Fin- ance be and he is hereby authorized and directed to draw his warrant or war- rants against the Civic Center Bond Fund in the amount of $80,257.60 in favor of the Dubuque Five Flags Center Fund, and which amount represents the fair market value of the land as paid by the Dubuque Five Flags Center Fund to the City of Dubuque under date of Sep- tember '29, 1975. Section 4. That the redevelopment Special Session, January 17, 1977 21 and use of the land together with certain adjacent land for the Civic Center shall be subject to the provisions of a resolu- tion adopted this same day to assure the Secretary of Housing and Urban Development that the City of Dubuque will conform to the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15; the Contract for Loan and Grant dated July 26,1967; and that certain covenants will run with the land Section S. That the terms, provisions, covenants, conditions and restrictions contained in a certain Agreement enti- tled "Contract for the Sale of Land for Private Redevelopment" executed en September 29. 1975, by and between the City of Dubuque and the Dubuque Five Flags Center Fund and which Agreement is recorded in the Office of the Recorder of Dubuque County, Iowa, as Instrument No. 6991-75, are hereby declared null and void and of no effect as they pertain to Lot I of Block 15 in Dubuque Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly 114 feet in the City of Dubuque. Iowa. Section 6. That in order to accom- plish the various provisions as herein- before set forth, the City Clerk is hereby authorized and directed to cause a cer- tified copy of this Resolution to be recorded among the land records in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th 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 Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 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-116. WHEREAS, under date of September 17, 1975, the City of Dubuque and the Dubuque Five Flags Center Fund en- tered into a certain Agreement entitled "Contract for the Sale of Land for Private Redevelopment" in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under the terms of the Agreement, among other things, the City of Dubuque agreed to deliver the deed and possession of land in the said Urban Renewal Project area, legally described as Lot 2 of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, to the Dubuque Five Flags Center Fund on February 15, 1977, or on an earlier date as the parties may mutually agree, and the Dubuque Five Flags Center agreed to accept such conveyance and to pay to the City of Dubuque the appropriate purchase price; and WHEREAS, under date of August 17, 1976, a bond proposition in the amount of $3,700,000 was duly carried and adopted at a Special Election by the voters of the Agency to construct and equip and to acquire a site for a Civic Center, and WHEREAS, the site for the construc. tion of the said Civic Center includes Lot 2 of Block 15 in Dubuque Down- town Plaza; and WHEREAS, the Dubuque Five Flags Center Fund, organized for the purpose of developing a Five Flags Center, has consented and agreed to the voluntary relinquishment of their right and inter- est in the Agreement as such Agreement pertained to Lot 2 of Block 15 in Dubuque Downtown Plaza; and WHEREAS, the intent of this Re- solution is to provide for the retention by the City of Dubuque of Lot 2 of Block 15 in Dubuque Downtown Plaza for the Civic Center and to return the good faith deposit to and to release the Dubuque Five Flags Center Fund from their obligation to purchase the said land in accordance with the terms of the Agreement. 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 necessary for the purpose of providing a site for the construction and equipping of a Civic Center thereon to retain Lot 2 of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa. SecWn 2. That the terms, provisions, covenants, conditions and restrictions contained in a certain Agreement enti- tled "Contract for the Sale of land for Private Redevelopment" executed on 22 Special Session, January 17, 1977 September 29, 1975, by and between the City of Dubuque and the Dubuque Five Flags Center Fund, and which Agreement is recorded in the Office of the Recorder of Dubuque County, Iowa, as Instrument No. 6991-75, are hereby declared null and void and of no effect as they pertain to Lot 2 of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa. Section 3. That the Director of Fin- ance be and he is hereby authorized and directed to draw his warrant or war- rants against the Project Expenditures Account; Project No. Iowa R-15, in the amount of $9,208.56 in favor of Dubuque Five Flags Center Fund, and which amount represents a refund in full of a good faith deposit received from the Dubuque Five Flags Center Fund to assure their purchase of Lot 2 of Block 15 at the appropriate time and at the agreed upon price. Section 4. That in order to accom- plish the various provisions as herein- before set forth, the City Clerk is hereby authorized and directed to cause a cer- tified copy of this Resolution to be recorded among the land records in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th 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 Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 18-77 Authorizing the City of Dubuque to retain and redevelop certain lands within the DownTown Urban Renewal Project, Project No. Iowa R-15 For the Civic Center WHEREAS, in accordance with and in furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended to date, the City of Dubuque (hereinafter called the "Agency") has undertaken an Urban Renewal Project known as the Downtown Urban Renewal Project, Project No. Iowa R-15, (hereinafter called the "Project") in an area (hereinafter called "Project Area") located in the City of Dubuque; and WHEREAS, as of the date of the adoption of this Resolution, there has been prepared by the Agency, an Urban Renewal Plan for the Project, approved and adopted by the City Council of the Agency on May 18, 1967, after a Public Hearing on said Urban Renewal Plan (which Urban Renewal Plan as it may be hereafter amended from time to time pursuant to law, and as so constituted from time to time, is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"), and a copy of the Urban Renewal Plan, as constituted on the date of this Resolu- tion, is on file in the Office of the City Clerk and has been recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mort- gages, Pages 235-259; and WHEREAS, in order to achieve the objectives of the Urban Renewal Plan and particularly to make land in the Project Area available (after acquisition and clearance by the Agency) for redevelopment for and in accordance with the uses specified in the Urban Renewal Plan. both the Federal government and the Agency have un- dertaken to provide and have provided substantial aid and assistance to the Agency through a Contract for Loan and Grant dated July 26, 1976; and WHEREAS, under date of August 17, 1976, a bond proposition in the amount of $3,700,000 was duly carried and adopted at a Special Election by the voters of the Agency to construct and equip and to acquire a site for Omit Center; and WHEREAS, the site for the construc- tion of the said Civic Center is situated in the Project Area and is legally de- scribed as Lot 1 of Block 15 excepting therefrom the southerly 63.6 feet of the easterly 114 feet in Dubuque Down- town Plaza and Lot 2 of Block 15 in Dubuque Downtown Plaza; and WHEREAS, under date of September 29, 1975, the City of Dubuque conveyed to the Dubuque Five Flags Center Fund land in the Project Area legally de- scribed as Lot 1 of Block 15 in the Dubuque Downtown Plaza subject to the terms, provisions, covenants, con- ditions and restrictions contained in a certain Agreement entitled "Contract for Sale of land for Private Redevelop- ment" dated September 17, 1975, which is on file in the Office of the Recorder of Special Session, January 17, 1977 23 Dubuque County, Iowa, as Instrument No. 6991.75; and WHEREAS, under the terms of the Agreement hereinbefore described, the Agency also agreed to deliver the deed and possession of land in the Project Area legally described as Lot 2 of Block 15 in Dubuque Downtown Plaza on February 15, 1977, or on an earlier date as the parties may mutually agree. and the Dubuque Five Flags Center Fund agreed to accept such conveyance and to pay to the Agency the appropriate purchase price; and WHEREAS, the Agency has accepted from the Dubuque Five Flags Center Fund the reconveyance upon payment of the appropriate unit price, land in the Project Area legally described as Lot I of Block 15 excepting therefrom the southerly 63.6 feet of the easterly 114 feet in Dubuque Downtown Plaza for the site of the Civic Center; and WHEREAS, the Agency has returned the good faith deposit and duly released the Dubuque Five Flags Center Fund from any and all obligation to and in connection with the purchase of Lot 2 of Block 15 in the Dubuque Downtown Plaza as set forth under the terms of the Agreement hereinbefore described; and WHEREAS, the intent of this resolu- tion is to provide for the retention by the Agency of Lot 2 of Block 15 in Dubuque Downtown Plaza and to provide for certain assurances relating to the acceptance of the reconveyance by the Agency of Lot I of Block 15 in Dubuque Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly 114 feet. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Section 1. That subject to all the terms, covenants, and conditions of this Resolution and the said Loan and Grant Contract, the Agency will retain land in the Project Area legally described as Lot 2 of Block 15 in Dubuque Down- town Plaza in the City of Dubuque, Iowa for use in the construction and equipping of a Civic Center in accor- dance with the Urban Renewal Plan. Section 2. That the Director of Fin- ance be and he is hereby authorized and directed to draw his warrant or war- rants against the Civic Center Bond Fund in the amount of $92,065.62 which represents the fair market value of the land, and to deposit the proceeds from said warrant or warrants in the appro- priate Downtown Urban Renewal Project, Iowa R-15 account. Section 3. That the term "Property" as hereinafter used in the following sections of this Resolution refers to and includes without limitation Lot 1 of Block 15 in Dubuque Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly 114 feet and all of Lot I of Block 15 in Dubuque Down- town Plaza, both located in the City of Dubuque, Iowa. Section 4. That the Agency will redevelop the Property by constructing thereon a Civic Center and other relat- ed site improvements (hereinafter called the "Improvements") and all plans and specifications and all work by the Agency with respect to such redevelopment of the Property and the construction and making of other improvements thereon shall be in con- formity with the Urban Renewal Plan and all applicable state and local laws. Section S. That the Agency shall not commence to use the Property for the intended purpose or commence any construction thereon until the Purchase Price has been deposited to the credit of the Downtown Urban Renewal Project, Iowa R-15. Section 6. That the Agency agrees for itself, its successors and assigns, and every successor in interest to the Property. or any part thereof, that the Agency shall begin the redevelopment of the Property through the construc- tion of the Improvements thereon, within eight months from the date of this Resolution's adoption and diligent- ly proceed to complete such construc- tion within eighteen months from such date. Section 7. That the Agency agrees for itself, its successors and assigns; and every successor in interest to the Property, or any part thereof, that the Agency and such successors and as- signs, shall (a) Devote the Property to and only to and in accordance with, the uses specified in the Urban Renewal Plan, as the same may be hereafter amend. ed from time to time; and (b) Not discriminate upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use or occupancy of the Property or any Improvements erected ror tof erected thereon, or any part Section S. That is is intended and resolved that the conditions and coven- ants provided in Section 7 shall be covenants running with the land and that they shall, in any event, and with. out regard to technical classification or designation, legal or otherwise, and except only as other wise specifically 24 Special Session, January 17, 1977 peOvided in this Resolution.be to the by taw fullest possible extent permitted and equity, binding for the benefit and in favor of, and enforceable by. the Agency, its successors and assigns, and the United States (in the case of the conversant provided in subsection (b) of Section 7), against the Agency, its suc- cessors and assigns, and every succes- sor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any pact thereof. It is further intended and agreed that the condition and covenant provided (a) in subsection (a) of Section 7 shall remain in effect for twenty (20) years (at which time such condition and covenant shall terminate), and (b) in subsection (b) of Section 7 shall remain in effect without limitation as to time. Section 9. That in amplification, and not in restriction, of the provisions of the preceding Section, it is intended and agreed that the Agency shall be deemed a beneficiary of the conditions and covenants provided in Section 7 herein, and the United States shall be deemed a beneficiary of the covenant in subsec- tion (b) of Section 7, both for and in their or its own right and also for the pur- poses of protecting the interests of the community and the other parties, public or private, in whose favor or for whose benefit such conditions and covenants have been provided. Such conditions and covenants shall run in favor of the Agency and the United States for the entire period during which such condi- tions and covenants shall be in force, without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, which such conditions and covenants relate. The Agency shall have the right, in the event of any breach of any such condition or coven- ant and the United States shall have the right in the event of any breach of the covenant provided in subsection (b) of Section 7 to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the cur- ing of such breach of condition or covenant, to which it or any other ben- eficiaries of such condition or conven. ant, may be entitled. StllCOW 10. That no member, official or employee of the Agency shall have any personal interest, direct or indirect, in any construction contract awarded pursuant to this Resolution, norshall any such member, official, or employee par- ticipate in any contract relating to this Resolution which affects his personal interests or the interests of any corpor- ation, partnership, or association in which he is, directly or indirectly interested. Sanction 11. That the Agency, for it. self, and its successors and assigns, agrees that it will include the following provisions of this Section 11 in every contract or purchase order which may hereafter be entered into between the Agency and any part (herein in this Section called "Contractor") for or in connection with the construction of the Improvements, or any part thereof, provided for in this Resolution unless such contract or purchase order is ex- empted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section 204 of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375 dated October 13, 1967. EOUAL EMPLOYMENT OPPORTUNITY. During the performance of this con- tract, the Contractor agrees with the Agency as follows: (a) The Contractor will not dis- criminate against any employee or ap- plicant for employment because of race, religion, sex, color, or national origin. and after October 13, 1968, because of race, color, religion, sex, or national origin. The Contractor will take affir- mative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color. or national origin, and after October 13, 1968, without regard to their race, color, religion sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrad- ing, demotion, or transfer; recruitment or recruitment advertising; Iavoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in con- spicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondis- crimination clause. (b) The Contractor will, in all solici- tations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color or national origin, and after Oc- tober 13, 1968, without regard to race, color, religion, sex or national origin. (c) The Contractor will send to each labor union or representative of Special Session, January 17, 1977 25 workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a no- tice, to be provided, advising the labor union or worker's representative of the Contractor's commitments under Sec- tion 202 of Executive Order 11246 of September 24, 1965, as amended by Ex- ecutive Order 11375 dated October 13, 1967, and shall post copies of the notice in conspicuous places available to em- ployees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13, 1967, and by the rules, regulations and orders of the Secretary of Labor or of the Secretary of Housing and Urban Development, pur- suant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimin. ation clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, termin- ated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government con- tracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13,1967 or by rule regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contract will include the provisions of paragraphs (a) through (g) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended by Ex- ecutive Order 11375 dated October 13, 1967 so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any construction contract, subcontract, or purchase order as the Agency or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for non- compliance: Provided however, that in the event the Contractor becomes in. volved in, or is threatened with, litiga- tion with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Ur- ban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Section 12. That this Resolution is adopted for the purpose of inducing the Secretary of Housing and Urban Development to issue his approval of the retention of Lot 2 of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, upon payment of the Purchase Price, and for the purpose of creating the covenants running with the land as set forth in Section 6, and in order to accomplish the same, the City Clerk of the Agency be and he is hereby authorized and directed to cause a cer- tified copy of this Resolution to be recorded among the land records in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th 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 Pregler moved adoption of the resolution. Seconded by Council- man cil- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 13, 1977 January Honorable Mayor and Members of the City Council The attached resolution authorizes the City to purchase from the urban renewal project certain land utilized in widening portions of Fourth and Ninth Streets as shown in red on the attached sketch. Land dedicated for rightof-way pur- poses in urban renewal projects is han- dled in one of two ways. 1. interior streets — dedicated without 26 Special Session, January 17, 1977 charge. The widening of Fifth and Iowa Streets was handled in this manner. 2 Boundary streets — dedicated at one half of its value based upon the theory that such streets also benefit the frontages outside of the project area. The value of such dedications is com- puted upon the unit price of adjacent land. Both Fourth and Ninth are boundary streets, and the value of the Fourth Street areas are based upon the unit price paid by Robert Hampton. The Ninth Streets areas are based upon the unit price paid by Robert Hampton. The Ninth Streets areas are based upon the prices paid by Graham for the property at Ninth and Main and by investment Planning for the area at Ninth and Iowa Gent M. Wittenberg Assistant 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, Tullv, Wertzberger. Nays — None. RESOLUTION NO. 18-77 Authorizing the City of Dubuque to retain and redevelop certain lands within the Downtown Urban Renewal Project, Project No. Iowa R-15 For Right of Way Purposes WHEREAS, in accordance with and in furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended to date, the City of Dubuque (hereinafter called the "Agency") has undertaken an Urban Renewal Project known as the Downtown Urban Renewal Project, Project No. Iowa R-15, (hereinafter called the "Project") in an area (hereinafter called "Project Area") located in the City of Dubuque; and WHEREAS, as of the date of the adoption of this Resolution, there has been prepared by the Agency, an Urban Renewal Plan for the Project, approved and adopted by the City Council of the Agency on May 18, 1967, after a Public Hearing on said Urban Renewal Plan (which Urban Renewal Plan as it may he hereafter amended from time to time pursuant to law, and as so constituted from time to time, is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"). and a copy of the Urban Renewal Plan, as constituted on the date of this Resolu. tion. is on file in the Office of the City Clerk and has been recorded in the Office of the Recorder of Dubuque County_ . Iowa, in Book 295 of Mort- gages, Pages 235 to 259; and WHEREAS, in order to achieve the objectives of the Urban Renewal Plan and particularly to make land in the Project Area available for use for street widening purposes, both the Federal Government and the Agency have un- dertaken to provide and have provided substantial aid and assistance to the Agency through a contract for Loan and Grant dated July 26, 1967, as amended; and WHEREAS, the Property as herein- after described has been duly platted by the Agency and dedicated for public right-of-way purposes by the City Council of the Agency by Resolution No. 277-70 adopted September 8, 1970, Resolution No 390- 70 adopted December 14, 1970 and ResAutlon No 261-73 adopted July 30, 1973, and con. struction of the appropriate Im- provements as hereinafter set forth has been undertaken; now therefore BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque. Iowa: Section 1. That subject to all the terms, covenants, and conditions of this Resolution and the said Loan and Grant Contract, the Agency will retain the Property (hereinafter called the "Property") as hereinafter described in the Project Area for development as public rights-of-way in connection with the Ninth Street and Fourth Street widening projects, and for which it shall pay to the Project 50% of the value of the land (the other 50% of the value of the land for boundary right-of-way use being and is eligible for dedication without payment) computed as follows: Lot 2 of Subdivision of City Lot 169 in the City of Dubuque (Parcel 7.5) 1,815.96 square feet at $3.60 $5,556.84 $2.778.42 East 88 feet of Subdivision of North 34 feet of City Lot 32 in the City of Dubuque (Parcel 7.9) 1,408.011 square feet at $4.43 $6.237.44 $3,118.72 Lot 2 of Subdivision of City Lot 188 in the City of Dubuque (Parcel 4.1) 1,860.46 square feet at $2.50 $4,651.15 $2,325.58 Lot 2 of Subdivision of City Lot 13 in the City of Dubuque (Parcel 4-3) 1,892.24 square feet at $2.50 $4,7311.61► $2,365.30 Special Session, January 17, 1977 27 Section 2. That the City Auditor be and he is hereby authorized and direct- ed to draw his warrant or warrants against the Road Use Tax Fund account in the amount of $10,588.02 which represents full and complete compen- sation of the Fair Value of said real estate for boundary right -of-way pur- poses, and to deposit said warrant or warrants in the appropriate Downtown Urban Renewal Project. Iowa R-15, account. Section 3. That the Agency will redevelop the Property by installing and constructing thereon streets, curbs, gutters, sidewalks, drainage and other related items (hereinafter collectively called the "Improvements") for use as a public right-of-way, and all plans and specifications and all work by the Agency with respect to such redevelopment of the Property and the construction and making of other im- provements thereon, if any, shall be in conformity with the Urban Renewal Plan, and all applicable state and local laws. Section 4. That the Agency agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the redevelopment of the Property will diligently proceed to completion so as to meet the objectives of the Urban Renewal Plan, and in any event the Improvements will be completed by the completion date of Project Execution. The Agency further agrees and coven- ants that the Property herein will not be used until the purchase price has been deposited to the credit of the Project Temporary Loan Repayment Fund and that the Agency shall provide by Re- solution for the acceptance of the Im- provements herein. Section 5. That the Agency agrees for itself, its successors and assigns; and every successor in interest to the Property, or any part thereof, that the Agency and such successors and as- signs, shall (a) Devote the Property to and only to and in accordance with, the uses specified in the Urban Renewal Plan, as the same may be hereafter amend- ed from time to time; and (b) Not discriminate upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use or occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof. Section 6. That it is intended and resolved that the conditions and coven- ants provided in Section 5 shall be covenants running with the land and that they shall, in any event, and with- out regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Resolution, be, to the fullest possible extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by. the Agency, its successors and assigns, and the United States (in the case of the covenant provided in subsection (b) of Section 5), against the Agency, its suc- cessors and assigns, and every succes- sor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the condition and covenant provided (a) in subsection (a) of Section 5 shall remain in effect for twenty (20) years (at which time such condition and covenant shall terminate), and (b) in subsection (b) of Section 5 shall remain in effect without limitation as to time. Section T. That in amplification, and not in restriction, of the provisions of the preceding Section, it is intended and agreed that the Agency shall be deemed a beneficiary of the conditions and covenants provided in Section 5 herein, and the United States shall be deemed a beneficiary of the covenant in subsec- tion (b) of Section 5, both for and in their or its own right and also for the pur- poses of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit such conditions and covenants have been provided. Such conditions and covenants shall run in favor of the Agency and the United States for the entire period during which such condi- tions and covenants shall be in force, without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, which such conditions and covenants relate. The Agency shall have the right, in the event of any breach of any such condition or coven. ant, and the United States shall have the right in the event of any breach of the covenant provided in subsection (b) of Section 5 to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the cur- ing of such breach of condition ben, covenant, to which it or any other eficiaries of such condition or covenant may be entitled. Section 6. That no member, official or employee of the Agency shall have any Special Session, ,January 17, 1977 •res ynal interest, direct or indirect, in construction contract awarded oursuant to this Resolution nor shall any such member, official, or employee par- ticipate in any contract relating to this Resolution which affects his personal interests or the interests of any corpor- ation. partnership, or association in which he is directly or indirectly interested. Seetk%n 9. That the Agency• for itself. and its successors and assigns, agrees that it will include the following provi- sions of this Section 9 in every contract or purchase order which may hereafter be entered into between the Agency and any party (herein in this Section called "Contractor") for or in connection with the construction of the Improvements, or any part thereof, provided for in this Resolution unless such contract or pur- chase order is exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375 dated October 31, 1967. Equal Employment Opportunity. During the performance of this con- tract, the Contractor agrees with the Agency as follows: (a) The Contractor will not discrimin- ate against any employee or applicant for employment because of race, religion, sex, color, or national origin, and after October 13, 1968, because of mce, color, religion, sex, or national origin. The Contractor will take affir- mative action to ensure that ap- plicants are employed, and that em- ployees are treated during em- ployment, without regard to their race, religion, sex, color, or national origin, and after October 13, 1968, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, up- grading, demotion, or transfer; recruitment or recruitment advertts ing; layoff or termination: rates of pay or other forms of compensation; and selection for training, including ap- prenticeship. The Contractor agrees to post in conspicuous places availa- ble to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicita- tions or advertisements for employees placed by or on behalf of the Con- tractor, state that all qualified ap- plicants will receive consideration for employment without regard to race, religion, sex, color or national ongin, and after October 13, 1968, without regard to race, color, religion, sex or national origin. (c) The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or worker's representa- tive of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13, 1967, and shall post copies of the notice in conspicuous place available to employees and ap- plicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24. 1965, as amended by Executive Order 11375 dated October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all in- formation and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13, 1967, and by the rules, regulations and orders of the Secretary of Labor or of the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary of Housing and Urban Development, and the Secre- tary of Labor for purix)ses of inves- tigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Contractor's non- compliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations, or orders, this contract may be can- celled, terminated, or suspended in whole or in part and the Contractor maybe declared ineligible for further Government contracts or federally assisted construction contracts in ac- cordance with procedures authorized in Executive Order 11246 of Sep- tember 24, 1965, as amended by Ex- ecutive Order 11375 dated October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in F'xecutive Order 11246 of September 24, 1965, as amended by Executive Order 11376 dated October 13, 1967 or by rule, regulation, or Special Session, January 17, 1977 29 order of the Secretary of Labor, or as January 11, 1977 otherwise provided by law. Honorable Mayor and (g) The contract will include the Members of the City Council provisions of paragraphs (a) Sealed proposals were solicited from throug(g) of this Section in every six local public accountants to provide subcontract or purchase order unless auditing services covering the Down - exempted by rules, regulations, or town Urban Renewal Project through ' orders of the Secretary of Labor is- the period ending December 31, 1976, sued pursuant to Section 204 of Ex- Two Proposals were received in re- ecutive Order 11246 of September 24, sponse to this solicitation: 1965, as amended by Executive Order O'Connor, Brooks 11375 dated October 13, 1967 so that and Company $4,400 such provisions will be binding upon DeeGosling each subcontractor or vendor. The and Company $4,864 Contractor will take such action with The attached resolution will author - respect to any construction contract, ize the execution of a contract for such subcontract, or purchase order as the services with the lowest bidder. Agency or the Department of Hous- Gent M. Wittenberg ing and Urban Development may dir- Assistant City Manager ect as a means of enforcing such including sanctions for Councilman Tully moved that the provisions, noncompliance: Provld*d tt0w0M. communication be received and filed. Seconded by Councilman Wertzberger. that in the event the Contractor becomes involved in, or is threatened Carried by the following vote: with, litigation with a subcontractor Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. or vendor as a result of such direction Nays — None. by the Agency or the Department of Housing and Urban Development, the RESOLUTION N0.20- 7 7 ES7 RS Contractor may request the United Authorizing the execution a con - States to enter into such litigation to tract for Audit Services for the Downtown Urban Renewal protect the interests of the United Project, Project No. Iowa R-15. States Section 10. This Resolution is adopt- WHEREAS, the Department of ed for the purpose of inducing the Housing and Urban Development has Secretary of Housing and Urban authorized the City of Dubuque to Development to issue his approval of procure an audit by an Independent the retention of the said Property for the Public Accountant of the accounts and intended purpose upon payment of the records pertaining to the Downtown Retention Price, and for the purpose of Urban Renewal Project, Project No. creating the covenants running with the land as set forth in Section 6, and the Iowa R-15; and WHEREAS, proposals were solicited Clerk of the Agency be and he is hereby to provide such services in accordance authorized and directed to file a copy of with generally accepted auditing stan- this resolution in the Office of the dards and the auditing and reporting County Recorder in and for Dubuque requirements of the Department of County. Iowa. Passed, approved and adopted this Housing and Urban Development. NOW, THEREFORE, BE IT RE - 17th day of January, 1977. SOLVED BY THE CITY COUNCIL of Emil Stackis the City of Dubuque, Iowa: Section 1. That the City Manager be Mayor Thomas A. Tully Jr. and he is hereby authorized and direct - Richard Wertzberger ed to enter into a Contract for Audit for the Downtown Urban James E. Brady Walter A. Pregler Services Renewal Project, Project No. Iowa Councilmen R-15, with O'Conner, Brooks & Com - a cost not to exceed $4,400.00. ATTEST: Leo F. Frommelt pany at Passed, approved and adopted this City Clerk 17th day of January. 1977• Councilman Tully moved adoption of Emil Stackis the resolution. Seconded by Council- man Wertzberger. Carried by the fol- Mayor Thomas A. Tully Jr. lowing vote: Richard Wertzberger Yeas — Mayor Stackis, Councilmen James E. Brady Walter A. Pregler Brady, Pregler, Tully, Wertzberger. Councilmen I Nays —None. 30 Special Session, .January 17, 1977 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 Stackis. Councilmen Brady, Pregler. Tully. Wertzberger. Nays — None. January 13, 1977 To the Honorable Mayor and City Council This is to advise you that the Recon. struction of Jackson Street from 22nd Street to Diamond Street, FAUS Project M-3151 (603) —81-31, has been substan- tially completed in accordance with the City of Dubuque plans and specifica- tions by the Tschiggfrie Excavating Co. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 21-77 WHEREAS, the contract for the reconstruction of Jackson Street from 22nd to Diamond Street, Project M-3151(603)-81-31 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 COUNCIL of the City of Dubuque. That the cost of said improvement is hereby determined to be $205,612.64. That 533,008.07 of the cost thereof shall be assessable upon private proper- ty and $172,604.57 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 17th 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 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 (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 22-77 WHEREAS. the contract for the reconstruction of Jackson Street from 22nd to Diamond Street, Project M.3151(603)-81-31 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 be approved and that said improvement be and the same is hereby accepted and the City Engineer he 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 Road Use Tax Fund and FAUS for 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 17th 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 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. January 13, 1977 To the Honorable Mayor and City Council This is to advise you that the Recon, struction of Jackson Street from 12th Special Session, January 17, 1977 31 Street to 22nd Street, FAUS Project M-3151(600-81-31, has been substan- tially completed in accordance with the City of Dubuque plans and specifica- tions by the Tschiggfrie Excavating Co. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 23-77 WHEREAS, the contract for the reconstruction of Jackson Street from 12th and 22nd Street, Project M -3151(604)-8I-31 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 COUNCIL of the City of Dubuque. That the cost of said improvement is hereby determined to be $93,517.99. That $12,557.00 of the cost thereof shall assessable upon private property and $60,960.99 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 17th 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 Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Werizberger. Nays — None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 24-77 WHEREAS, the contract for the reconstruction of Jackson Street from 12th to 22nd Street, Project M-3151(604)-61-31 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 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 and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement 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 in- tention 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 Road Use Tax Fund and FAUS for 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 17th 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 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. RESOLUTION NO. 25-77 BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque. Iowa, that the following having com- plied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque. Iowa, be. granted a permit to sell Cigarettes and Cigarette Papers within said City. Iowa Commission for the Blind, 350 West 6th Street Passed, adopted and approved this 17th day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 30 Special Session, January 17, 1977 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. January 13, 1977 To the Honorable Mayor and City Council This is to advise you that the Recon- struction of Jackson Street from 22nd Street to Diamond Street, FAUS Project M-3151 (603) —81-31, has been substan- tially completed in accordance with the City of Dubuque plans and specifica- tions by the Tschiggfrie Excavating Co. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Final Estimate RESOLUTION NO. 21-77 WHEREAS, the contract for the reconstruction of Jackson Street from 22nd to Diamond Street, Project M-3151(603)-81-31 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 COUNCIL of the City of Dubuque, That the cost of said improvement is hereby determined to be $205,612.64. That $33,008.07 of the cost thereof shall be assessable upon private proper- ty and $172,604.57 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 17th 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 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. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 22-77 WHEREAS, the contract for the reconstruction of Jackson Street from 22nd to Diamond Street, Project M-3151(603)-81-31 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 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 Road Use Tax Fund and FAUS for 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 17th 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 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. January 13, 1977 To the Honorable Mayor and City Council This is to advise you that the Recon- struction of Jackson Street from 12th Special Session, January 17, 1977 31 Street to 22nd Street, FAUS Project plans and specifications and recom- M-3151(804)-81-31, has been substan. mends its acceptance, now therefore, tially completed in accordance with the BE IT RESOLVED, BY THE CITY City of Dubuque plans and specifica- COUNCIL of the City of Dubuque, that tions by the Tschiggfrie Excavating Co. the recommendation of the City Man - Gilbert D. Chavenelle ager be approved and that said im- City Manager provement be and the same is hereby Councilman Pregler moved that the accepted and the City Engineer be and is communication be received and filed. hereby directed to prepare a plat and Seconded by Councilman Tully. Carried schedule showing the lots or parcels of by the following vote: real estate subject to assessment for Yeas — Mayor Stackis. Councilmen said improvement and file the same in Brady, Pregler, Tully, Wertzberger. the office of the City Clerk subject to Nays — None. public inspection and said Clerk shall Final Estimate upon receipt of such plat and schedule RESOLUTION NO. 23-77 publish the notice of the Council's in - WHEREAS, the contract for the tention to levy special assessments reconstruction of Jackson Street from therefor, as required by law. 12th and 22nd Street, Project BE IT FURTHER RESOLVED, that M-3151(804)-81-31 has been completed the City Treasurer be and he is hereby and the City Engineer has submitted his directed to pay to the contractor from final estimate showing the cost thereof the Road Use Tax Fund and FAUS for including the cost of estimates, notices, the above described improvement in inspection, and preparing the assesment amount equal to the amount of his con - and plat, now therefore, tract, less any retained percentage BE IT RESOLVED, BY THE CITY provided for therein. Passed, adopted and approved this COUNCIL of the City of Dubuque, 17th day of January, 1977. That the cost of said improvement is Emil Stackis hereby determined to be $93,517.99. Mayor That $12,557.00 of the cost thereof Thomas A. Tully Jr. shall assessable upon private property Richard Wertzberger and $80,960.99 shall be paid from the James E. Brady Road Use Tax Fund of the City of Walter A. Pregler Dubuque. Passed, adopted and approved this Councilmen 17th day of January, 1977. ATTEST: Leo F. Frommelt Emil Stackis City Clerk Mayor Councilman Pregler moved adoption Thomas A. Tully Jr. of the resolution. Seconded by Council - Richard Wertzberger Richard Tully. Carried by the following James E. Brady Walter A. Pregler vote: Yeas —Mayor Stackis, Councilmen Councilmen Brady, Pregler, Tully, Wertzberger. ATTEST: Leo F. Frommelt Nays — None. RESOLUTION NO.25.77 City Clerk BE IT RESOLVED BY THE CITY Councilman Pregler moved adoption COUNCIL of the City of Dubuque, Of the resolution. Seconded by Council- Iowa, that the following having com- man Tully. Carried by the following with the provisions of law relating vote: plied to the sale of Cigarettes within the City Yeas — Mayor Stackis, Councilmen of Dubuque, Iowa, be granted a permit Brady, Pregler, Tully, Wertzberger. to sell Cigarettes and Cigarette Papers Nays — None. within said City. (A Resolution Accepting Iowa Commission for the Blind, 350 Improvement and Directing West 8th Street the Clerk to Publish Notice.) RESOLUTION NO. 24-77 Passed, adopted and approved this WHEREAS, the contract for the 17th day of January, 1977. reconstruction of Jackson Street from Emil Stackis 12th to 22nd Street, Project M -3151(6(M)-81.31 has been completed Mayor Thomas A. Tully Jr. and the City Manager has examined the Richard Wertzberger work and filed his certificate stating James E. Brady that the same has been completed ac- Walter A. Pregler cording to the terms of the contract, Councilmen 32 Special Session, January 17, 1977 ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Tullv, Wertzberger. Nays — None. RESOLUTION NO, 26-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMITS John J. Heiderscheit, 1278 Central Ave. Thompson's Food Markets, Inc. Oky Doky 9, 51 West 32nd Street Passed, adopted and approved this 17th day of January 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger Nays — None. RESOLUTION NO. 27-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 "C" BEER PERMIT John J. Heiderscheit, 1.278 Central Ave. Thompson's Food Markets, Inc. Oky Doky 9, 51 West 32nd St. Passed, adopted and approved this 17th 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. RESOLUTION NO. 28-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session. 64th Gen- eral Assemblv. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Marie Bertha Becker "Marie's Tap", (Also Sunday Sales), 206 West 3rd St. Thomas Andresen, 1080 University Ave. Steve Smith, 1105 University Ave. Josephine Burke, 1445 Central Ave. Passed, adopted and approved this 17th day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 29-77 WHEREAS, applicants 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- Special Session, January 17, 1977 33 copied 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 LIOUOR LICENSE Marie Bertha Becker, "Marie's Tap", (Also Sunday Sales), 206 West 3rd St Thomas Andresen, 1080 University Ave. Steve Smith, 1105 University Ave. Josephine Burke, 1445 Central Ave. Passed, adopted and approved this 17th day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved May 16, 1977 Adopted May 16, 1977 34 Special Session, January 26, 1977 CITY COUNCIL Special Session, January 26, 1977. Council met at 7:00 P.M. (C.S.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. ' Mavor Stackis read the call and stated that service thereof had teen duly made and this meeting is called for the PUR- POSE OF ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THE MEETING. Dock Board Commissioners, William Woodward, Wayne Moldenhauer and William Conzett were present at the Council meeting and a general discus- sion was held relative to their negotia- tions with Conti Carriers and Terminals Inc. Dock Board Chairman Molden- hauer submitted a review of former negotiations with Conti Carriers. The Council was advised that the offer previously presented by Conti Carriers of the freight house along the Ice Har- bor, in exchange for a river front property lease near Dove Harbor has been withdrawn - Councilman Tully moved to (1) Separate freight house from Dove Har- bor and (2) that the Council is not in- terested at this time in any terms which would restrict covenants on any build - rags and idjacent property on freight house imposed by Conti Carriers. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt C1fY Clerk Approved May 16, 1977 Adopted May 16, 1977 Special Session, January 31, 1977 35 CITY COUNCIL OFFICIAL Special Session, January 31, 1977. Council met at 4:15 P.M. (C.S.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mavor Stackis read the call and stated that service thereof had been duly made and this meeting is called TO DECIDE ON A QUESTION OF RELEASE OF THE CITY ATTORNEY'S OPINION TO THE CITY COUNCIL MEMBERS AND TO THE PUBLIC MEDIA and acting upon such other business as may properly come before a regular meeting of the Council. Councilman Wertzberger moved for suspension of the rules to allow anyone present in the Council Chamber to address the Council if they so desire- Seconded by Councilman Brady. Carried by the following vote. Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mr. Alvin E. Lundh requested per- mission, which was granted to read the following statement for the benefit of the record: January 31, 1977 Honorable Mayor and Members of the City Council Gentlemen: 1 sought the Solicitor's opinion when it first became apparent that there was the potential of a conflict of interest. 1 have made every effort in the past three vears, as a member of the Council, to remain totally honest and above re- proach as regards conflicts of interest. This was no exception. My profession is the most vulnerable type and therefore requires a great deal of extra soul searching to be certain conflicts do not exist. In the past, if I've had even the remo- test of conflicts 1 have abstained from discussions and voting. During one such instance 1 even physically left the premises during debate. In the matter of the Urban Renewal question, 1 honestly thought I could be involved and simply abstain as votes became necessary. However, during the tint discussion with officials concerning the proposed project, it became appar- ent that it might be against the law for me to be involved. I then asked Mr. Russo for an oral opinion. He stated that he could not give me an opinion without some study which he subsequently did. Mr. Russo did not know at that point whether it was legal or not. Therefore how is a non -lawyer councilman sup- posed to have the answer? It took some 30 days for Mr. Russo to deliver the opinion• during which time we abandoned further effort on the project. Also during that time it became more and more apparent to me that econ- omics would ultimately cause my demise. 1 would rather be able to say that I resigned in the face of irrevocable conflict, but that is not true and it is a great cause for embarassement to me to have to publicly admit that I had not the resources to cam out the obligation I had accepted in the public trust as a public servant. It is absolutely true that I resigned only because I was econ- omically dropped to my very knees. There were financial obligations due to operating losses which were to be called on December B, 1976 and that day was the precipitator. 1 paid those ob- ligations by selling property jointly owned by my partner and 1. This points to sacrifices made by my partner for which my public service is responsible. I did not feel it fair to continue the drain on him in the year to come. I also concluded that I had to do work in Dubuque to continue to exist. We had deliberately avoided certain types of projects to avoid the potential of con- flict and certain potential clients have avoided us because of the same reasons. 1 wish to apologize to the Council on two scores. First, that you are having to suffer indignities on something which is truly my problem. Secondly, that I have already released orally to Mr. Bulkley the essential contents of the opinion without your approval. Since 1 have released the data orally, it makes little sense as far as I am con- cerned to withhold the document itself. 1 worked very hard to serve honora- bly and I worked very hard to be a producer and it seems that most of what is positive suddenly condemns me to wrath. 1 am bothered about the impact that this inquisition will have on other po- tential council candidates who have similar professional impediments; that 1 believe is the real loss yet to be suffered. AI Lundh Councilman Brady moved that the communication be made a matter of record. Seconded by Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Wertzberger stated that 36 Special Session, January 31, 1977 he has been priviledged to serve on the Council and to have Al Lundh as Mayor. He sincerely hopes that other people of Lundh's caliber and profession seek seats on the City Council. Mc Al Lundh requested permission to submit his statement on potential conflict of interest to the news media. Councilman Pregler moved to comply with Mr. Lundh's request. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Mayor Stackis. December 1, 1976 Honorable Mayor and City Council City Hall Gentlemen: The Mayor has asked for an opinion concerning the prospect of a parcel of Urban Renewal land situated in the downtown of the City of Dubuque. Iowa being sold to a purchaser by whom the Mayor has been employed, for some thirty days past now, to render profes- sional architectural services in the de- sign of a building proposed to be erected on the site acquired. It is my understanding that the Mayor has already received part -payment on the performance of his work. Section 704(B) of the Department of Housing and Urban Development, Loan and Capital Grant Contract, Terms and Conditions in Part Il thereof, provides as follows: (b) Other Local Public Officials. The Local Public Agency will adopt and enforce measures appropriate to assure that no member of the governing body of the locality in which the Urban Renewal Area is situated, and no other public official of such locality, who ex- ercises any functions or responsibilities in the review or approval of the carrying out of the Project shall, prior to the completion of the Project voluntarily acquired any personal interest, direct or indirect, in any property included in the Urban Renewal Area, or in any contract or proposed contract in connection with the undertaking of the project. Iowa Code, Section 403.16 of the 1975 Code of Iowa provides as follows: "403.16. Personal Interest prohibited. No public official or employee of a municipality, or board or commission thereof, and no commissioner or em- ployee of an urban renewal agency, which has been vested by a municipality with urban renewal project powers under section 403.14, shall voluntarily acquire any personal interest, as her- einafter defined, whether direct or in- direct, in any urban renewal project, or in any property included or planned to be included in any urban renewal project, of such municipality, or in any contract or proposed contract in con- nection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body, and such disclo- sure shall be entered upon the minutes of the governing body. If any such of. ficial, commissioner or employee pre- sently owns or controls, or has owned or controlled within the preceding two years, any interest, as hereinafter defined, whether direct or indirect, in any property which he knows is includ- ed or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body; and any such official, commissioner or employee shall not participate in any action by the mun- icipality, or board or commission ther- eof, or urban renewal agency affecting such property, as the terms of such proscription are hereinafter defined. For the purposes of this section the follow- ing definitions shall apply: 1. "Action affecting such property" shall include only that action directly and specifically affecting such property as a separate property but shall not include: any action, any benefits of which accrue to the public generally, or which affects all or a substantial portion of the properties included or planned to be included in such a project. 2. Employment by a public body, its agencies, or institutions or by any other person having such an interest shall not be deemed an interest by such employee or of any ownership or control by such employee of interests of his employer. Such an employee may participate in an urban renewal project so long as any benefits of such participation ac- crue to the public generally, such par- ticipation articipation affects all or a substantial portion of the properties included or planned to be included in such a project, or such participation promotes the pub- lic purposes of such project, and shall limit only that participation by an em- ployee which directly or specifically affects property in which an employer of an employee has in interest. 3. The word "participation" shall be deemed not to include discussion or debate preliminary to a vote of a local governing body or agency upon proposed ordinances or resolutions relating to such a project or any ab- Special Session, January 31, 1977 37 stentron from such a vote. 4. The designation of a bank or trust company as depository. paying agent, or agent for investment of funds shall not be deemed a matter of interest or personal interest. 5. Stock ownership in a corporation having such an interest shall not be deemed an indicia of an interest or of ownership or control by the person owning such stocks when less than five percent of the outstanding stock of the corporation is owned or controlled dir- ectly or indirectly by such person. 6. The work "action" shall not be deemed to include resolution advisory to the local governing body or agency by any citizens group, board, body, or commission designated to serve a pure- ly advisory approving or recommending function under this chapter. 7. The limitations of this section shall be construed to permit action by a pub- lic official, commissioner, or employee where anv benefits of such action ac- crue to the public generally, such ac- tions affect all ora substantial portion of the properties included or planned to be included in such a project, or such ac- tion promotes the public purposes of such project, and shall be construed to limit only that action by a public official, commissioner, or employee which dir- ectly or specifically affects property in which such official, commissioner, or employee has an interest or in which an employer of such official, commissioner, or employee has an interest. Any dis- closure required to Ix made by this section to the local governing body shall concurrently be made to an urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to the provi- sions of section 403.14. No commis- sioner or other officer of any urban renewal agency, board or commission exercising powers pursuant to this chapter shall hold any other public of- fice under the municipality, other than his commissionership or office with re- spect to such urban renewal agency, board or commission. Any violation of the provisions of this section shall con- stitute misconduct in office, but no or. dinance or resolution of a municipality or agency shall be invalid by reason of a vote or votes cast in violation of the standards of this section unless such vote or votes were decisive in the pas sage or such ordinance or resolution." Section 403A.22 of the 1975 Code of Iowa provides as follows: "403A.22 Personal InIereat prohlbit- od. No public official or employee of a municipality or board or commission thereof and no commissioner or em- ployee of a low -rent housing agency which ha -c been vested with low -rent housing project powers under section 403A.5, shall voluntarily acquire any personal interest, as hereinafter defined, whether direct or indirect, in any mun- icipal housing project, or in any proper- ty included or planned to be included in any municipal housing project of such municipality, or in anv contract or proposed contract in connection with such municipal housing project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local govern- ing body, and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner or employee presently owns or controls, or has owned or con- trolled within the preceding two years, any interest, as hereinafter defined, whether direct or indirect, in any property which he knows is included or planned to be included in a municipal housing project, he shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body; and any such official, commissioner or employee shall not participate in any action by the mun- icipality, or board or commission ther- eof affecting such property, as the terms of such proscription are hereinafter defined. For the purposes of this section the following definitions and standards of construction shall apply: 1. "Action affecting such property" shall include only that action directly and specifically affecting such property as a separate property but shall not include any action of which any benefits accrue to the public generally, or which all or a substantial portion of the properties included or planned to be included in such a project. 2. Employment by a state public body, its agencies, and institutions or by any other person as defined in subsection 16 of section 403.17, having such an inter- est shall not be. deemed an interest by such employee or of any ownership or control by such employee of interests of his employer. Such an employee may participate in a low -rent housing project so long as any benefits of such par- ticipation accrue to the public generally, such participation affects all or a sub- stantial portion of the properties in- cluded or planned to be included in such a project, or such participation promotes the public purposes of such 38 Special Session, January 31, 1977 project, and shall limit only that par- ticipation by an employee which direct- ly or specifically affects property in which an employer of an employee has an interest. 3. The word "participation" shall be deemed not to include discussion or debate preliminary to a vote by a local governing body or agency upon proposed ordinances or resolutions relating to such a project or any ab- stention from such a vote. 4. The designation of a bank or trust company as a depository, paying agenr, or agent for investment of funds shall not be deemed a matter of interest or personal interest. 5. Stock ownership in a corporation having such an interest shall not be deemed an interest or of ownership or control by the person owning such stocks when less than five percent of the outstanding stock of the corporation is owned or controlled directly or indir- ectly by such person. 6. The word "action" shall not be deemed to include resolutions advisory to the local governing body or agency by any citizens group, board, body, or commission designated to serve a pure- ly advisory function or approving or recommending under this chapter. 7. The limitations of this section shall be construed to permit action by a pub- lic official, commissioner, or employee where any benefits of such action ac- crue to the public generally, such action affects all or a substantial portion of the properties included or planned to be included in such a project, or such ac- tion promotes the public purposes of such project, and shall be construed to limit only that action by a public official, commissioner, or employee which dir- ectly or specifically affects property in which such official, commissioner, or employee has an interest or in which an employer of such official, commissioner, or employee has an interest. Any viola- tion of the provisions of this section shall constitute misconduct in office, but no ordinance or resolution of a municipality or agency shall be invalid by reason of a vote or votes cast in violation of the standards of this section unless such vote or votes were decisive in the passage of such ordinance or resolution." Section 553.23 of the 1975 Code of Iowa provides as follows: "553.23 Provision pert of every con- treeL forfeit. The following provisions shall be deemed and held to be a part of every contract hereafter entered into by any person, firm, or private corporation with the state, or with any county, city, cite acting under special charter, city acting under commission form of government, school corporation, or with any municipal corporation, now or hereafter created, whether said provi- sion be inserted in such contract or not, to -wit: 'The party to whom this contract has been awarded, hereby represents and guarantees that he has not, nor has any other person for or in his behalf, directly or indirectly, entered into any arran- gement or agreement with any other bidder, or with any public officer, wher- eby he has paid or is to pay to any other bidder or public officer any sum of money or anything of value whatever in order to obtain this contract; and that he has not, nor has another person, for or in his behalf, directly or indirectly, entered into any agreement or arran- gement with any other person, firm, corporation, or association which tends to or does lessen or destroy free compe- tition in the letting of this contract, and he hereby agrees that in case it hereafter be established that such representations or guaranties, or any of them, are false, he will forfeit and pay not less than five percent of the contract price but in no event less than three hundred dollars, as liquidated damages to the other con- tracting party."' Section 362.6 of the 1975 Code of Iowa provides as follows "362.6 Conffict of Inter*st. A measure voted upon is not invalid by reason of conflict of interest in an officer of a city, unless the vote of the officer was deci- sive to passage of the measure. If a specific majority or unanimous vote of a municipal body is required by statute, the majority or vote must be computed on the basis of the number of officers nOt disqualified by reason of conflict of interest. However, a majority of all members is required for a quorum. For the purposes of this section, the sta- tement of an officer that he declines to vote by reason of conflict of interest is conclusive and must be entered of record." Section -362.5 of the 1975 Code of Iowa provides as follows - "362.5 'Contract' ollows:"362.5'Contract' defined. When used in this section, contract means any claim, account, or demand against or agreement with a city, express or implied. A City Officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for his city. A Special Session, January 31, 1977 39 contract entered into in violation of this ground of statutory law governing con - section is void. The Provisions of this flict of interests. section do not apply to: In this particular regard, it would I. The payment of lawful compensa- appear that our specific attention is tion of a city officer or employee holding confined to Chapter 403 of the 1975 more than one city office of position, the Code of Iowa, being the Urban Renewal holding of which is not incompatible Law and 403A of the 1975 Code of Iowa, with another public office or is not being the Low -Rent Housing Law of prohibited by law. Iowa, the latter particularly applying in 2. The designation of a bank or trust reference to the representations made company as a depository, paying agent, to this writer, that the proposal Con- or for investment of funds. templates commercial use on the 3. An employee of a bank or trust ground floors and housing for the el - company, who serves as treasurer of a derly in the upper floors. city. In evaluating the statutory prohibi- 4. Contracts made by a city of less tions and restrictions, it is necessary than three thousand population, upon that one must follow the rule of con - competitive bid in writing, publicly in- struction that where two statutes speak vited and opened to a given subject, where one is general 5. Contracts in which a city officer or in nature and the other is specific in employee has an interest solely by rea- nature, that the provisions of the statute son of employment, or a stock interest being specific in nature shall govern and of the kind described in subsection 9, or control. In this particular instance, both, if the contracts are made by com- therefore. Chapter 403 and Chapter petitive bid publicly invited and opened. 403A are the specific statutes applying and if the remuneration of employment to the problem at hand. will not be directly affected as a result of your attention is directed to the case the contract and the duties of em- decided in 1969 by the Supreme Court of ployment or preparation of any part of Iowa being Wilson vs Iowa City, 1969, the contract. The competitive bid 165 NW2d, B13. In that case, objection requirement of this subsection shall not was made to various councilmen who be required for any contract for profes- participated in various resolutions per- sional services not customarily awarded taioing to the development of Urban by competitive bid. Renewal Plan and in which the various 6. The designation of an official councilmen were challenged over that newspaper. period of time as having a conflict in 7. A contract in which a city officer or interest when they voted in favor of the employee has an interest if the contract Urban Renewal resolutions, when in was made before the time he was elect- fact, some of the councilmen voting ed or appointed, but the contract may thereon had acturai property in the not be renewed. Urban Renewal area, others had an 8. Contracts with volunteer firemen interest as an employee of a corpora - or civil defense volunteers. tion, and another one, who was an em - the University of Iowa which 9. A contract with a corporation in which a city officer or employee has an ploy ,4-- of had property in the Urban Renewal interest by reason of stockholdings Area and which councilman and em - the University of Iowa held when less than rive percent of the out- ployee of the title of Communitv Relations standing stock of the corporation is owned or controlled directly or indir- Director. The were interposed in the ectly by the officer or employee or the spouse or immediate family of such challenges lower Court, affirmed, that the conflict officer or employee. of interests were such as to disqualify 10. A contract made by competitive them, the respective councilmen, in the respective propositions bid, publicly invited and opened, in voting on resolutions, and therefore, the re - which a member of a city board of trus- and adopted were void. Admitted - tees, commission, or administrative agency has an interest if he is not auth- solutions ly, Mr. Hickerson, who was the em- orized by law to participate in the ployee of the University of Iowa's Com - munity Relations Director, had no ftn- awarding of the contract. The competi- interest in the corporation in the tive bid requirement of this subsection ancial that he had no stock in the does not apply to any contract for professional services not customarily sense University of Iowa and was just an awarded by competitive bid." employee. However, the Supreme Court Iowa said that by virtue of the posi- The above cited sections are cited for of that he occupied as Community the purpose of laying the broad back- tion 40 Special Session, January 31, 1977 Relations Director for the University of Iowa, who was actually pursuing the development of Urban Renewal Plan and would thereby benefit from it, his role as such, cast in the role of Mayor and Councilman of the City of Iowa Citv, put him in a hopeless conflict and therefore those resolutions were void. The questions of whether or not a resolution adopted relating to Urban Renewal projects who has a conflict of interests rendered such resolution void or not, was thereafter answered by the legislature when it provided that no ordinance or resolution shall be invalid by reason of the vote or votes cast in violation of the standards of this section unless such vote or votes were decisive in the passage of such ordinance or resolution. In addition to the foregoing, it should be borne in mind that. Section 403.16 provides that any violation or provision of this section shall constitute miscon- duct in office, and therefore, any mis- conduct in office could be grounds for removal. In examining the language of 403.16 same should be read in the light of the decision rendered by the Supreme Court of Iowa which was very, very, strong and which was extremely broad in its language and in its implications. While the Iowa City case is not dir- ectly on point to the problem at hand, since we are not faced with a situation on which a vote is being taken or Urban Renewal project by people having a direct proprietary interest therein, and while said case spoke to the laws that existed then, which has been modified in some respects, the general holding of the case and the language employed by the Court is of very, very important consequence. The Court stated as follows: "The high standards which the public require of its servants were set by com- mon law and adopted later by statute. It is almost universally held that such statutes are merely declaratory of the common law. These rules, whether common law or statutory, are based on moral principles and public policy. They demand com- plete loyalty to the public and seek to avoid subjecting a public servant to the difficult, and often insoluble, task of deciding between public duty and private advantage." The Court further went on to say: "it is not necessary that this advantage be a financial one. Neither is it required that there be a showing that the official sought or gained such a result. It is the potential for conflict of interest which the law desires to avoid." A machine copy of the opinion is attached hereto in order that you may examine same at your leisure and understand its import to the fullest. Retummg now to the question at hand, it appears that the language of Section 403.16 is specific in the fact that the Mayor has acquired a personal interest in the Urban Renewal Area by reason of his association with a client who has paid him a retainer for the preliminary study concerning the erection and con- struction of a building on an Urban Renewal site after its purchase from the City by said client. The basic question, then, appears to be that the present member of the City Council proposes to voluntarily acquire a personal interest in property included in Urban Renewal project or in a con- tract, or a proposed contract, in con- nection with such Urban Renewal project. The statutory language appears to be clear and unequivocal that such conduct is prohibited. In conclusion, reviewing the entire discussion of this matter and synthesiz- ing the same, it appears to this writer that on the factual situation above out- lined as read and evaluated in the terms of the Wilson vs Iowa City case, that, were the Supreme Corurt to speak on this matter, it is the opinion of this writer that the Supreme Court of Iowa would hold that such conflict of inter- ests of the City Councilman -Mayor and Architectural consultant to a person purchasing Urban Renewal property for development for a commercial and/or home for the elderly purposes would be such a conflict of interests as would fall within the prohibition announced in the Wilson vs Iowa City case. It has been suggested that as an al- ternative, a resignation by the Mayor Councilman could be a solution. The decision of the Mayor -Council- man in that regard goes into the area of a personal interest and to which this opinion will not speak and it must remain for private counsel to advise the Councilman -Mayor in that regard. However, it appears that the prohibition contained in the foregoing sections relate to a public official. Therefore, if such architecutral consultant to the purchaser of the Urban Renewal property is not a public official it would appear that the prohibitions of Chapter 403 or 403A would no longer be applicable. In conclusion, it is the opinion of this writer that were the Mayor -Councilman to participate in the negotiations, dis- Special Session, January 31, 1977 41 posal and development of the said Ur- ban Renewal property, that conceivably the participation by the Mavor-Coun- cilman in the negotiations and the ul- timate action of disposal of said proper- ty could be such that his vote would not be decisive in the passage of such ordina nee or resolution. However, it is my opinion that such conduct on the part of the Councilman -Mayor would consti- tute misconduct in office and could subject said Councilman -Mayor to removal proceedings. In conclusion, it would appear that as in the Iowa City case, residents of the City of Dubuque Iowa, whomever they might be, could bring an action chal- lenging the validity of the proceedings. Respectfully submitted, R.N. Russo City Attorney Action for declaratory judgment challenging validity of proceedings under Urban Renewal law John B. Wil. son et al. vs. Iowa City, Supreme Court of Iowa March 11, 1969, ATTACHED. Councilman Brady moved that the communication be received and made a matter of record. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. City Attorney Russo stated no firm policy has been established. The prob- lem could be obviated in the future, that if one Councilman seeks a legal opinion on various Council matters, copies could be placed on file in the City Clerk's office.This is the first time any thing of this nature has happended and he will respond further in due time, however the public sector must prevail. There being no further business Coun- cilman Wertzberger moved to adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt jty Clerk Approved May 16, 1977 Adopted May 16, 1977 ATT - Clerk Regular Session, February 7, 1977 43 CITY COUNCIL OFFICIAL Regular Session, February 7, 1977. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. C havenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING of the Council called for the purpose of acting upon such business as may properly come before the meeting. Proclamations proclaiming month of February as "American Heart Month" and week of February 6 to 12, 1977 as "Office Education Week" were read and ' approved and signed by Mayor Stackis. Communication of Housing Commis- sion submitting minutes of their meet- ing of January 18, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of January 13, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of January 19, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Me- tropolitan Area Transportation Study (DMATS) submitting minutes of their meeting of December 16, 1976, present- ed and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Airport Commission submitting minutes of their meeting of January 13, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of January 25, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City of Dubuque, Iowa, Transit System submitting Audit Report for years ending June 30, 1975 and June 30, 1976, presented and read. Councilman Tully moved that the com- munication and report be received and flied. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City Development Board, State of Iowa, submitting a manual to clarify the process of corpor- ate boundary change, also to be used as a working guide for local officials rela- tive to boundary changes etc., presented and read. Councilman Tully moved that the communication be received and filed and manual referred to the Plan- ning & Zoning Commission. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa Department of Environmental Quality submitting water construction permit for McClain Subdivision and Cedar Lake Addition, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Church Women United informing Council of their whole -hearted support of newly formed group "Transitions to Freedom" and requesting that the Community become informed and give their endorsement, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Court- 44 Regular Session, February 7, 1977 oilman Wertzberger Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tullv. Wertzberger Nays — None. ,January 24, 1977 Honorable Mayor and Citv Council Submitted herewith are the reports of the Finance Director, Treasurer, Water Department, Health Department and a list of claims paid for the month of December, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Expenditures and Receipts: also list of claims for month of December, 1976, presented 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Citv Manager ad- vising that details have not been fully accomplished in the matter of land in the Fourth Street area with Miller and Takos, anticipate consideration at Fe. bruary 21st meeting, presented and read. Councilman Tully moved that the communication be referred to the Council Meeting of February 21, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the month of September, 1976, presented for Council approval. Councilman Tully moved that the Council Proceedings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Public Notice of finding of no significant effect on the Environ- ment for project identified as the Hill Street Community Development area (deadline for comments was January 20, 1977), 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of notice of Public Hear- ing on possible uses of Revenue Sharing Funds, which was held on January 31, 1977, for Fiscal Year 7-1-77 to 6-30-78, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Assistant City Manager submitting results of the hearing held on January 31, 1977, on the possible use of Revenue Sharing Funds, presented and read. Councilman Tully moved that the communication be received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. January 24, 1977 Honorable Mavor and City Council On the 7th of July, 1975, Roger Nebel and Carol Ann Nebel filed an action in District Court against the City of Dubuque, Iowa, Law No. 40532, claim- ing damages in the amount of $6000.00 in two counts for backup of sewer al- legedly occurring on the 21st day of January, 1974 This matter was referred to the ap- propriate City Agency and we have been advised that this case has been dismissed. Accordingly, this matter is closed at no expense to the City of Dubuque, Iowa. Original Notice with petition at- tached is herewith enclosed. 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. January 26, 1977 Honorable Mayor and City Council On September 23, 1976, claim was Regular Session, February 7, 1977 45 filed by Janaan E. Mills on behalf of her Brady. Pregler, Tully. Wertzberger. daughter, Jennifer L. Mills, claiming Nays — None. personal injuries suffered by Jennifer L. Notice of Claim of N. R. Hutchinson, Mills on June 1, 1976 at Allison-Hender- in an undetermined amount, for son Park while playing there in the property damage incurred at 1511 N. company of other children. Algona as the result of a broken water Thim matter was referred to the ap- main on January 18, 1977, presented and propriate City Agency who has made an read. Councilman Tully moved that the investigation thereof and has made Notice of Claim be referred to the City report to the City Attorney of no liabili- Attorney for investigation and report. ty or negligence on the part of the City Seconded by Councilman Wertzberger. of Dubuque. Accordingly, it is the Carried by the following vote: recommendation of the City Attorney Yeas — Mayor Stackis, Councilmen that said claim be denied. Brady. Pregler, Tully, Wertzberger. Original claim is returned herewith. Nays — None. R.N. Russo Notice of Claim of Michael F. Kron - City Attorney feldt, in an undetermined amount, for property damage incurred as the result Councilman Tully moved that the of use of crawler tractor over the lawn communication be received and filed at 597 Loras Ave. to repair a broken and recommendation of denial ap- water main on January 19, 1977, pre - proved. Seconded by Councilman sented and read. Councilman Tully Wertzberger. Carried by the following moved that the Notice of Claim be vote: referred to the City Attorney for inves- Yeas — Mavor Stackis, Councilmen tigation and report. Seconded by Coun- Brady, Pregler, Tully, Wertzberger. cilman Wertzberger. Carred by the fol - Nays — None. lowing vote: Notice of Claim of Antoinette Hos- Yeas — Mayor Stackis, Councilmen tert, in the amount of $120., for car Brady, Pregler, Tully, Wertzberger. damage incurred as the result of car Nays — None. being struck by a City -owned truck at Notice of Claim of Lonnie Steger, in Jones & Main on January 24, 1977, pre- an undetermined amount, for property sented and read. Councilman Tully damage incurred to a building at 1496 moved that the Notice of Claim be Central Ave. as the result of a car ac - referred to the City Attorney for inves- cident involving a Police Car on January tigation and report. Seconded by Coun- 28, 1977, presented and read. Council- cilman Wertzberger. Carried by the fol- man Tully moved that the Notice of lowing vote: Claim be referred to the City Attorney Yeas — Mavor Stackis, Councilmen for investigation and report. Seconded ' Brady, Pregler. Tully, Wertzberger. by Councilman Wertzberger. Carried by Nays — None. the following vote: Notice of Claim of Brian Guenther, in Yeas — Mayor Stackis. Councilmen an undetermined amount, for personal Brady, Pregler, Tully. Wertzberger. injuries received in a fall on an icy Nays — None. sidewalk at Walnut & University Ave. Notice of Claim of Lucille G. Henkel, on January 14, 1977, presented and read. in an undetermined amount, for per - Councilman Tully moved that the No- sonal injuries received as the result of tice of Claim be referred to the City being struck by a bus waiting bench at Attorney for investigation and report. W. 9th Street on January 26, 1977, pre - Seconded by Councilman Wertzberger. sented and read. Councilman Tully Carried by the following vote: moved that the Notice of Claim be Yeas — Mayor Stackis. Councilmen referred to the City Attorney for inves- Brady, Pregler, Tully, Wertzberger. tigation and report. Seconded by Coun- Nays — None. cilman Wertzberger. Carried by the fol- Notice of Claim of Art Bast, in an undetermined amount, for property lowing vote: Yeas — Mayor Stackis, Councilmen damage incurred as the result of a bro- Brady, Pregler, Tully, Wertzberger. ken water main behind 3065 Jackson Nays — None. Communication of Planning & Zon- Street on White St. on December 24, 1976, presented and read. Councilman ing Commission submitting an ordin- Tully moved that the Notice of Claim be ance to establish provision governing in areas of historical or architec- referred to the City Attorney for inves- tigation and report. Seconded by Coun- uses tural significance (forwarded from cilman Wertzberger. Carried by the fol- meeting of December 6, 1976), presented lowing vote: and read. Councilman Tully moved that Yeas — Mayor Stackis, Councilmen the communication be received and 46 Session, February 7, 1977 filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger Nays — None. Proof of Publication. certified to by the Publisher, of notice of public hearing to amend Article IV to provide for is- suance of conditional use permits for limited commercial activities, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at tho, time set for the hearing. Councilman Tully moved that the proof of publication he received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 1-77 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" REPEALING SECTION 4-109.4 OF ARTICLE IV, THEREOF, AND ENACTING A NEW SECTION 4-109.4 OF ARTICLE IV, THEREOF, TO PROVIDE FOR THE IS- SUANCE OF CONDITIONAL USE PERMITS FOR CERTAIN LIMITED COMMERCIAL ACTIVITIES, HEREIN- AFTER DESCRIBED, IN AREAS OR STRUCTURES OF HISTORICAL OR ARCHITECTURAL SIGNIFICANCE WITHIN THE OR -1 OFFICE RESIDEW TIAL DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of January 17, 1977, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" REPEALING SECTION 4-109.4 OF ARTICLE IV, THER- EOF, AND ENACTING A NEW SECTION 4-109.4 OF ARTICLE IV, THEREOF, TO PROVIDE FOR THE ISSUANCE OF CONDITIONAL USE PERMITS FOR CERTAIN LIMITED COMMERCIAL ACTIVI- TIES, HEREINAFTER DE- SCRIBED, IN AREAS OR STRUC- TURES OF HISTORICAL OR AW CHITECTURAL SIGNIFICANCE WITHIN THE OR -1 OFFICE RE- SIDENTIAL DISTRICT. Whereus, the City Council of the City of Dubuque, Iowa, had adopted amendments to the former Zoning or- dinance No. 3-34 to provide for the es- tablishment of limited commercial uses t4ithin the professional office district, those amendments being of record and known as Ordinances No. 50-68; No. 28-70 and No. 42-73; and Whereas, upon adoption of Ordin- ance No. 32.75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", Ordinance No. 3-34 and all amendments, thereto, became null and void, with the intent, however, that the provisions of those amend- ments be re-established within Ordin- ance No. 72-75 pending further review and refinement of a mono comprehen- sive historical preservation zoning technique: and Whereas, it has been determined that re-establishment of provisions to pre- serve historic or architecturally sig- nificant places, and to provide for con- tinuance of the heretofore authorized uses in the Fourth Street Elevator area, may be indefinitely delayed pending completion of study of community -wide opportunities for preserving the heri- tage of Dubuque; and Whereas, the Planning and Zoning Commission of the City of Dubuque, lova, has proposed an amendment to Or- dinance No. 32-75 providing for the is- suance of Conditional Use Permits for cvrtain limited commercial uses in areas or strictures of historical or architectural significance within OR -1 Office-Residen- hai Districts. 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 Ordinance and Zoning Map of the City of Dubuque. Iowa", be and the same is hereby amended by repealing Section 4-109.4 of Article IV thereof, and enacting a new Section 4-109.4 of Article IV in lieu thereof as follows "ARTICLE IV DISTRICT REGULATIONS Section 4-109 OR -I Office-Residen- hul Di,tnct Regulations 4-109.4 Conditional Uses The following conditional uses are permitted in the OR -I Office -Residential District, but only in uccordance with the provisions of Arti- cle VI of this ordinance governing the issuance of Conditional Use Permits: 1) Group Homes 2) Private Clubs 3) Speciality Shops for gift items, handcrafts and clothing, antique shops floral shops and art galleries Regular Session, February 7, 1977 47 In structures or areas which have been designated by the Dubuque City Council as historically or architectural- ly significant, after public hearing and consultation with appropriate authori- ties and civic groups. Conditional Use Permits for such uses may be granted by the Board of Adjustment only on finding that the proposed use, the type of merchandise to be sold, the number of persons or employees on the premises and other operational aspects of the proposal are compatible with the intended historical or architectural char- acter of the area, and that Business hours shall be limited to the hours between 9 A.M. and 9 P.M. $codon 2. That the foregoing Ordin- ance has heretofore been approved by the Planning and Zoning Commission of r the City of Dubuque, Iowa. Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of Fe- bruary, 1977. Leo F. Frommelt City Clerk )t2/10 Councilman Pregler moved final adoption of the Ordinance as amended. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. Petition of Wes. Heitzman requesting inclusion of 428-430 W. 4th Street and 391 W. Bluff Street within the designat- ed historical district in the W. 4th Street area, presented and read. Councilman Wertzberger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. A RESOLUTION designating Lot 1 of City Lot 610 as historically and archi- tecturally significant, pursuant to requirement of Ordinance No. 1.77, pre- sented and read. Councilman Wertz- berger moved that the resolution be referred to the Council Meeting of Fe- bruary 21, 1977. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady further moved that the resolution be referred to His- torical Preservation Task Force Com- mittee. Seconded by Councilman Tully. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Ass't City Man- ager submitting revision of fees in Plumbing Code No. 48-70: Revision of fees amending Ordinance No. 9-62, Heating, Ventilating, Air Condition and Refrigeration; Revision of fees amending Ordinance No. 30-72 Elec- trician's Registration Ordinance; Adop- tion of 1975 edition of the National Electrical Code for revision of fees, pre- sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None ORDINANCE NO. 2-77 AN ORDINANCE AMENDING ORDIN- ANCE 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, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen 48 Regular Session, February 7, 1977 Brady, Pregler. Tully, Wertzberger. Na_vs — None ORDINANCE NO. 2-77 AN ORDINANCE AMENDING ORDIN- ANCE 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 IN- CREASE PERMIT FEES. LICENSE FEES, AND LICENSE EXAMINA- TION FEES: REQUIRING A PER- MIT AND FEE FOR THE INSTAL- LATION, CHANGING, REPLAC. ING OR REPAIR OF ALL PRIVATE WATER MAINS AND SERVICES: AND DOUBLING PERMIT FEES FOR WORK COMMENCED BEFORE FIRST OBTAINING A REQUIRED PERMIT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Part 1: Sections 11, 13, 19.22 and 14 of Plumbing Ordinance 48.70 be and the some are hereby reperaled and the follow- ing enacted in lieu thereof; Section 11. License: Any person de- siring to be examined for a license as a journeyman plumber or master plumber, as determined in this ordin- ance by the plumbing board shall make application to the plumbing board on blanks furnished by the board, setting forth information necessary to establish his qualifications as such, and each application shall be accompanied by a receipt from the City Treasurer for the examination fee of twenty-five dollars($25.00) for examination for u master plumber, and twelve dollars and fifty cents($12.50) for examainution for a journeyman plumber. Persons failing an examination, in part or in whole, who de- sire to take the exam again must make application forexam and pay the exam fee as required in the first instance. Persons passing the practical part of an exurnina- tion shall not be required to take the pruc. tical part in subsequent examinations. The fee for an examination shall not include the fee for issuing on initial license. Ap- plicants who successfully pass on ex. umination stall Puy u fee of twenty-five dollars ($25.00) for an initial muster Plumbers license, or twelve dollars and fif. ty cents ($12.50) for an initial journeyman plumbers license. Section 13 Renewals: Licenses may be renewed annuully upon presentation of the treasuer's receipt for the renewal fee on or before January 31 of each year following the year in which the license was first issued. The date of such renewal shall be endorsed on the license. In the event the holder of any such license shall expire and a new one shall not be issued except in compliance with Section I) hereof. The annual renewal fee shall be twenty-five dollars($25.00) for a master plumber license and twelve dollars and fifty cents($12.50) for a journeyman plumber license. Section 19. Apprentice: No master plumber shall hire or employ or have in his employ, any apprentice to perform any plumbing work unless the appren- tice is actually in the presence of and with a licensed plumber. Every person who desires to perform the work of an apprentice plumber shall register his name as an apprentice with the plumbing board at the time of entering on such employment, and on or before the first day of February of each year thereafter so long as such employment shall continue. The apprentice shall be charged two dollars ($2.00) for registra- tion initially, and annually thereafter upon registration. No master plumber may hire or employ, or have in their employ any apprentice plumber who is not registered with the Plumbing Board. Section 22. When Permits are Not Required: Permits will not be required for the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets or repair- ing leaks in waste pipes or water pipes or tanks, but when repairs are made, only fixtures shall be used to replace broken fixtures as shall conform to the provi- sions herein prescribed. Traps not previously vented when repaired shall be finished with an approved antisy- phon trap. Nothing herein shall, how- ever, be construted to permit the repair or replacement, in whole or in part, any private sanitary or storm sewer, or any private water service, or any excavat- ing in the street or other public places in the City of Dubuque, without first hav- ing obtained a permit and paying the fee therefore Section 24. Permit Fees: There shall he charged u permit fie for all plumbing work, either new, replaced. recon- structed, or repaired; except as provid- ed in Section 22; as follows: For All fixture drain openings $2.50 Each garage wash rack, settling ba- sin, oil separator, blow off basin, sewage ejector or similar equipment shall be considered as a fixture. For each bar, soda fountain, refrigerator, air conditioning unit or similar equip- Regular Session, February 7, 1977 49 men( requiring indirect connections to Part It: This Ordinance shall be in full the sewer, each opening shall be con- force and effect from and after its final sidered as a fixture, and the fee for each passage, adoption and publication as by such waste opening shall be ... $2.50 law provided, and in no event before For each building sanitary or storm March 1, 1977 sewer installed, replaced or repaired. Passed by recorded roll call vote, From main sewer to property line adopted and approved this 7th day of $2.50 From porperty line to building, etc. February, 1977. ................ $2.50. Emil Stackis From private disposal system to Mayor building, etc . ................ $2.50. Thomas A. Tully Jr. For each domestic hot water storage Richard Wertzberger tank or range boiler including furnace James E. Brody coils and electric heating apparatus Walter A. Pregler $250. Councilmen For each water softener, or similar ATTEST: device connected to the water supply Leo F. Frommelt $2.50 City Clerk For each roof, area and indirect drain Published officially in the Telegraph opening to a city storm sewer .. $2.50 Herald Newspaper this 11th day of Fe - For each building water service, in- bruary, 1977. stalled, replaced or repaired. Leo F. Frommelt a. From water main to property line City Clerk $2.50 112111 b. From property line to building, etc. Councilman Brady moved final adop- ........... ... $2.50 tion of the Ordinance as amended. c. From private water supply to build- Seconded by Councilman Pregler. Car- ing, etc . ....... ........... $2.50. ried by the following vote: Yeas — Mayor Stackis, Councilmen For each private community water Brady, Pregler, Tully, Wertzberger. . distribution system; per each 100 lineal Nays — None. feet or fraction thereof of all mains ORDINANCE NO. 3-77 and/or tributary mains or services, eir AN ORDINANCE AMENDING ORDIN- ........................... $2.50 ANCE NO. 9-62 KNOWN AS THE HEATING, VENTILATING, AIR CONDI- For each private community sanitary TIONING, AND REFRIGERATION and:or storm sewer; per each 100 lineal CODE BY REPEALING SECTION 1.8.4, feet or fraction thereof of all mains 1.9.6, 1.9.13, 1.10.2 and 1.10.4 THER- and:or all contributory mains and:or EOF RE-ENACTING THESE SEC - building sewers etc. ........... $2.50 TIONS AS REVISED IN LIEU THER- For each private sewage or storm EOF: PROVIDING FOR AN INCREASE water disposal system ........ $10.00 IN PERMIT FEES, CERTIFICATE OF For reinspection of any work found REGISTRATION FEES, CERTIFICATE defective or installed contrary to the OF COMPETENCY FEES, CER - requirements governing the installation TIFICATE OF COMPETENCY EX - of plumbing ................ $10.00 AMINATION FEES AND REQUIRING Delinquent Permits: A "stop work DOUBLE PERMIT FEES WHEN immediately" order will be issued to any REQUIRED PERMITS ARE NOT OB - person who shall commence any work TAINED PRIOR TO COMMENCING for which a permit is required by this SAID WORK, Ordinance without first having obtained a pmsented and read. Councilman Pre - permit therefore, and shall, if subsequently gler moved that the reading just had be permitted to obtain a permit, pay double considered the first reading of the Or - the permit fee (ixedby this section for such dinance. Seconded by Councilman work, provided, however, that this provi- Brady. Carried by the following vote: Sion shall not apply to emergency work Yeas — Mayor Stackis, Councilmen when it shall be proved to the satisfaction Brady, Pregler. Tully, Wertzberger. of the Administrative Authority that such Nuys — None. work was urgently necessary and that it Councilman Pregler moved that the was not practical to obtain a permit ther- rule requiring an Ordinance to be efore before the commencement of the received and filed at two meetings prior work. In all such cases, a permit must be to the meeting when final action is obtained as soon as it is practical to do so, taken, be dispensed with. Seconded by and if there be an unreasonable delay in Councilman Brady. Carried by the, fol - obtaining such permit, a double fee as herein provided shall he charged. lowing vote: Yeas — Mayor Stackis, Councilmen Regular Session, February 7, 1977 prod, Prvgler. Tully. Wertzher€er Nonc ORDINANCE NO. 3-77 At4 ORDINANCE AMENDING ORDIN- ANCE NO. 9-62 KNOWN AS THE HEATING, VENTILATING AIR CONDI- TIONING, AND REFRIGERATION 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 IN- CREASE IN PERMIT FEES, CER- TIFICATE OF REGISTRATION FEES. CERTIFICATE OF COMPETANCY FEES, CERTIFICATE OF COMPE- TENCY EXAMINATION FEES AND REQUIRING DOUBLE PERMIT FEES WHEN REQUIRED PERMITS ARE NOT OBTAINED PRIOR TO COMMENCING SAID WORK. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Part 1: Section 1.8.4. J.9.6, 1.9.13, 1.10.2 and 1.10.4 of the Heating, Ven- tilating, Air-conditioning and Refrigera- tion Ordinance No. 9-62 be one and the same are hereby repealed and the fol- lowing enacted in lieu thereof Section 1.8.4 Fees for Certificate of Registration. The application fee for the initial certificate of registration shall be one hundred dollars ($100.00) and shall be submitted with the application. No fees shall be refunded whether the cer- tificate is issued or denied. The annual renewal fee forsuch certificate of regis- tration shall be five dollars ($5 00). Section 1.9.6 Examination Fee. The examination fee for u certificate of t 399 Boiler, steam or hot water hand competency, shall be ten dollars ($10.00) per person, for one or more classes of competency when taken at one ex- amination. The fee shall be paid before examination, and at the time of ap- plication, and there shall be no refund for any reason. Re-examination fees shall be as above for a first examination. The fee for an examination does not include the fee for an original certificate of competency. The fee for an original certificate of competency shall be five dollars ($5.00) and shall be in addition to the examination fee. Section 1.9.13 Expiration and Renewal of Certificates of Compe- tency. Certificates of competency may he renewed annually upon presentation of the receipt from the City of Dubuque treasurer for the renewal fee on or before January 15 of each year com- mencing with January 15 of the year following the year in which the cer- tificate of competency was first issued. The date of such renewal shall be en- dorsed on the certificate. In the event the holder of any such certificate of competency shall fail to renew the same in the manner herein provided, the cer- tificute shall expire and a new one shall not be issued without making applica- tion fora new certificate, paying the fee therefore and submitting to examina- tion as required in the first instance. The annual renewal fee for a certificate of competency shall be two dollum ($2.00) Section 1.10.2 Permit and Permit Fee Schedule. In accordance with section 1.10 of this code, a permit shall be required for each of the following: Permit Feel When maximum rated btuh Input Is: 1 400,000 2.500,000 o to and 1000 2.499,999 over fired $10.00 $20.00 =30.00 Boiler, steam or hot water, stoker, oil or gas fired 10.00 20,00 30.00 Furnace, warm air heating hand fired 10.00 20.00 30.00 Furnace, warm air heating, stroker, oil or gas fired 10.00 20.00 30.00 Furnace or oven class A 10.00 20.00 30.00 Furnace or oven class B 10.00 20.00 30.00 Furnace or oven class C 100) 20.00 30.00 Furnace or oven class D 10,00 20.00 30,00 Resetting of Furnace or Boiler 5.00 10.00 15.00 Floor furnace, oil or gas, 5.00 10.00 15.00 Room Heater, floor mounted 5.00 10.00 Room Heater, recessed, wall mounted' 5110 Room Heater, flush, wall mounted* 51X1 Unit Heater* Fire & vented only 5.(X) Regular Session, February 7, 1977 Ventilating or Exhaust Hood: re- sidential $1.00; commercial $5.00: in- dustrial $10.00. Blower or Fun. (for dust, stock or vapor system) $5.00. Refrigera- tion Unit or Systern (except portable appliances; factory assembled air cooled selfcontained window type air- conditioning units unless attached to ducts, and factory assembled air -cooled self-contained refrigerating unit). Clas- sification: for the purpose of classifica- tion and establishing permit fees, re- frigerating systems or units shall be divided into the following sub -classes: 1. Up to and including three (3) H.P. and not to exceed 34 Amp 110 Volts Single Phase 17 Amp 220 Volts Single Phase 10 Amp 220 Volts Three Phase per unit or system $10.00 2. Over three (3) H.P., up to and including fifteen (15) H.P., not to exceed 85 Amp 220 Volts Single Phase 49 Amp 220 Volts Single Phase 49 Amp 220 Volts Three Phase per unit or system $15.00 3. Over fifteen (15) H.P., up to and including Fifty (50) H.P., and not to exceed 163 Amp 220 Volts Three Phase per unit or system $20.(NI 4. Over fifty (50) H.P. per unit or system $3000 Section 1.10.4 Delinquent Permits: A "stop work inuae,La(viv" urJer will be 51 issued to any person who shall com- mence any work for which a permit is required by this Ordinance without first having obtained a permit therefore, and shall, if subsequently permitted to ob- tain a permit, pay double the permit fee fixed by this section such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfac- tion of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before the cornmen- cement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. Part If: This Ordinance shall be in full force and effect from and after its pas- sage, adoption and publication as by law required, and in no event before March 1, 1977. Passed by recorded roll call vote, adopted and approved this 7th day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. F'romrrtelt City Clerk Published officially in the Telegraph PsrmN Fee When maximum rated btuh input Is: 1 400,000 2,500,000 to to and 399,000 2,499,999 over Gas conversion or replacement barrier $10.00 $20.00 $30.00 Oil conversion or replacement burner 10.00 20.00 30.00 Stoker or other solid fuel burner, conversion or replacement 10.00 20.00 30.00 Dual Fuel Burners conversion, addition, or replacement 15.00 30.00 45.00 Water Heaters, coal, gas or oil fired 5.00 20.00 30.00 Incinerators, residential, fired or unfired 5.00 10.00 20.00 Incinerators, commercial, fired or unfired 10.00 20.00 30.00 Incinerators, industrial, fired or unfired 15.00 30.00 45.00 Cooking or baking appliance, gas, oil or coal, Commercial 5.00 10.00 15.00 Cooking or baking appliance, gas, oil or coal. Industrial 5.00 10.00 15.00 Ventilating or Exhaust Hood: re- sidential $1.00; commercial $5.00: in- dustrial $10.00. Blower or Fun. (for dust, stock or vapor system) $5.00. Refrigera- tion Unit or Systern (except portable appliances; factory assembled air cooled selfcontained window type air- conditioning units unless attached to ducts, and factory assembled air -cooled self-contained refrigerating unit). Clas- sification: for the purpose of classifica- tion and establishing permit fees, re- frigerating systems or units shall be divided into the following sub -classes: 1. Up to and including three (3) H.P. and not to exceed 34 Amp 110 Volts Single Phase 17 Amp 220 Volts Single Phase 10 Amp 220 Volts Three Phase per unit or system $10.00 2. Over three (3) H.P., up to and including fifteen (15) H.P., not to exceed 85 Amp 220 Volts Single Phase 49 Amp 220 Volts Single Phase 49 Amp 220 Volts Three Phase per unit or system $15.00 3. Over fifteen (15) H.P., up to and including Fifty (50) H.P., and not to exceed 163 Amp 220 Volts Three Phase per unit or system $20.(NI 4. Over fifty (50) H.P. per unit or system $3000 Section 1.10.4 Delinquent Permits: A "stop work inuae,La(viv" urJer will be 51 issued to any person who shall com- mence any work for which a permit is required by this Ordinance without first having obtained a permit therefore, and shall, if subsequently permitted to ob- tain a permit, pay double the permit fee fixed by this section such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfac- tion of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before the cornmen- cement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. Part If: This Ordinance shall be in full force and effect from and after its pas- sage, adoption and publication as by law required, and in no event before March 1, 1977. Passed by recorded roll call vote, adopted and approved this 7th day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. F'romrrtelt City Clerk Published officially in the Telegraph 52 Regular Session, February 7, 1977 Herold Newspaper this 11th day of Fe- bruary, 1977. Leo F. Frommelt City C.erk It2:11 Councilman Pregler moved final adoption of the Ordinance as amended. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler. Tully, W'ertzberger. Nays — Nrme ORDINANCE NO. 4-77 AN ORDINANCE REVISING ORDIN- ANCE NO. 30-72 KNOWN AS THE ELECTRICIANS' REGISTRATION OR- DINANCE BY REPEALING ORDIN- ANCE NO. 30-72 IN ITS ENTIRETY AND RE-ENACTING THE FOLLOWING IN LIEU THEREOF; TO PROVIDE FOR THE EXAMINATION AND REGISTRA- TION OF ELECTRICAL CONTRAC- TORS, JOURNEYMAN ELEC- TRICIANS, AND MAINTENANCE ELECTRICIANS, AND THE. COLLEC- TION OF FEES, AND TO ESTABLISH AN ELECTRICAL EXAMINING BOARD AND TO PROVIDE PENALTIES FOR VIOLATIONS HEREOF, presented and read. Mayor Stackis rnoved 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 Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nuys — None. ORDINANCE NO. 4-77 AN ORDINANCE REVISING ORDIN. ANCE NO. 30-72 KNOWN AS THE ELECTRICIANS' REGISTRATION OR. DINANCE BY REPEALING ORDIN- ANCE NO. 30-72 IN ITS ENTIRETY AND REENACTING THE FOLLOWING IN LIEU THEREOF; TO PROVIDE FOR THE EXAMINATION AND REGISTRA- TION OF ELECTRICAL CONTRAC. TORS, JOURNEYMAN ELEC. TRICIANS, AND MAINTENANCE ELECTRICIANS, AND THE COLLEC. TION OF FEES, AND TO ESTABLISH AN ELECTRICAL EXAMINING BOARD AND TO PROVIDE PENALTIES FOR VIOLATIONS HEREOF. BE IT ENACTED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Sec. 1. Short Title. This Ordinance shall be known as the City of Dubuque, Io"u Electricians Registration Ordin. ance and may be so cited. Sec. 2 Purpose and Scope. The pur. pose of this ordinance is to provide for the examination and registration of electrical contractors, journeyman electricians, and maintenance elec. tricians in order to protect public safety, health and welfare. The provisions of this ordinance shall not apply to any regular employee of a public utility who does electrical work for such public utility only, nor shall they apply to the electrical work of u telephone or telegraph company, nor the persons, firms or corporations per. forming electrical work for such a com- pany, where such electrical work is an integral part of the plant used by such telephone or telegraph company in ren- dering its duly authorized service to the public, nor to any regular employee of any railroad who does electrical work only as a part of that employment. The provisions of this ordinance shall not apply to the replacement of integral parts of equipment or appliance by firms or persons in possession of a valid certificate of competency, issued previously to the firm or person, by the Building Department of the City of Dubuque, Iowa, under other pertinent City Ordinances. Sec. 3. Definitions. For use within this ordinance the following are defined: 1. Electrical Contractor. The term "electrical contractor" means any per- son, firm, corporation, association, or combination thereof, who undertakes or offers to undertake to plan for, super- vise, lay out, and do electrical work fora fixed sum, price, fee percentage, or other compensation. 2. Journeyman Electrician. The term "Journeyrman electrician" means a per- son having the necessary qualification, training, experience and technical knowledge to do electrical work in ac- cordance with the standard rules and regulations governing such work. 3. Maintenance Electrician. The term "maintenance electrician" means a person who has the necessary training, experience and technical knowledge to undertake the work of installing, ser- vicing, maintaining, altering, and repairing electrical devices, appliances and equipment within the stipulated confines of property owned or con- trolled by the firm, business orcompanY by whom he is employed. An electrical maintenance certificate of competency may be issued to an individual and will entitle the holder thereof to undertake Regular Session, February 7, 1977 53 the work of installing, servicing, main- taining, altering and repairing electrical devices, appliances and equipment only within the confines of the property owned by such individual for use or application to such property. 4. Electrical Work. The term "elec- trical work" means all installations, alterations, repairs, removals, renewals, replacements, connections, disconnec- tions and maintenance of all electrical equipment. S. Electrical Equipment. The term "electrical equipment" means all elec- trical materials, wiring conductors, fit- tings, devices, appliances, fixtures. signs and apparatus or parts thereof. S. Registered. The tern "registered" means registered under this ordinance, except if otherwise specified. 7. Shall. If the work "shall" is used, 1" the meaning is that the act to be per- formed is mandatory. Sec. 4. Classes of Registration. Three classes of registration are hereby established and certificates thereof shall be issued only upon the direction of the Board of Electrical Examiners which shall be designated respectively as: Class I. Electrical Contractors Cer- tificate of Registration. Class If. Electrical Maintenance Cer- tificate of Competency. Class 111. Journeyman Electricians Certificate of Competency. Class 1. Electrical Contractors Regis- tration shall entitle the holder thereof to engage in the business of electrical con- tracting, and to secure permits for the installation, alteration or repair of any electric wiring. device, appliances or equipment. Class If. Electrical Maintenance Cer- tificate of Competency shall entitle the holder thereof to undertake the work of installing, serving, maintaining, altering and repairing electrical devices, ap- pliances, and equipment within the stipulated confines of property owned or controlled by the firm, business or company employing such registration holderor within the confines of property owned by an individual. Class 111. Journeyman Electricians Certificate of Competency shall entitle the holder thereof to undertake the work of installing, maintaining, altering and repairing electrical devices, ap- pliances and equipment in the employ of an electrical contractor, or the holder of an electrical maintenance certificate. Sec. S. Fees for Registration. Before a Certificate of Registration is grunted to any applicant and before on expiring registration is renewed, the applicant shall pay to the City of Dubuque a fee in such an amount as is herein specified for the Class of Registration to be granted for renewed as follows: Class 1. Electrical Contractors Cer- tificate of Registration. $25.00. Annual renewal fee, $25.00. Class If. Electrical Maintenance Cer- tificate of Competency, $15.00. Annual renewal fee. $15.00. Class 111. Journeyman Electricians Certificate of Competency, $12..50. An- nual renewal fee, $12.50. Each registration shall expire on December 31, following the date of its issue and shall be renewed by the "Electricians Examing Board" upon ap- plication of the holderof the registration and payment of the required fees any time before or on January I of each year. Renewal or registration shall not be granted to a holder of a registration while indebted to the City under the terms of this Ordinance. If there is a lapse of over sixty (60) days from the expiration of a registra- tion renewal, the renewal procedure shall be the same as an original application. Sec. 6. Display of Certificates. Every holder of a registration, except jour- neyman electricians, shall have his, their or its certificate of registration displayed in a conspicuous place in his, their or its principal place of business. Sec. 7. Revocation of Registration. No registration and certificate issued in accordance with the provisions of this Section shall be assignable or transfer- able. Any such registration may, after hearing be suspended or revoked by the Electrical Examing Board, if the person, firm or corporation holding such regis- tration willfully, or by reason incompe- tence repeatedly violates any statute of the State of Iowa, or any Ordinance or Rule or Regulation of the City of Dubuque relating to the installation. maintenance, alteration or repair of electric wiring devices, appliances and equipment. Sec. 9. Homeowners. The owner or owners of a single family dwelling (or mobile home) including the usual ac- cessory building and quarters used ex- clusively for living purposes may do such electrical work without registra- tion as he demonstrates his capability to do, to the Electrical inspector.' providing that the dwelling (or mobile home) will be occupied by the owner or ow ners and that a permit is issued as provided in the City of Dubuque Electrical Code. Sec. 9. Electricians Ezaming hoard. There is hereby created a Board of Electrical Examiners. The Board shall 911 Regular Session, February 7, 1977 consist of five (5) members. All members of the Board shall be residents of the City of Dubuque. One member shall he a representative of the public: one member shall be a registered jour- neyman electrician: one member shall be a registered electrical contractor; one member shall be a maintenance elc- trician; one member shall be an elec- trical engineer. The City Council shall appoint the five (5) mernbers. The Electrical inspector shall serve as secretary to the Board and keep minutes and records of all proceedings and shall record the names and addresses of all persons examined by the Board, the result of the examin- ation, and the kind of registration issued to each, if any, and the date thereof. The term of each member shall be four (4) years, provided, however, that the original appointments to the Board shall be made as follows: Two members for three years, three members for four years. Three members of the Board shall constitute a quorum for the transaction of business. The Board of Examiners shall elect annually one of its members as chair- man, who shall preside at all meetings of the Board. Sec. 10. Application and Fee. All applications for examination shall be accompanied with the appropriate fee; $25.00 for Electrical Contractors Regis- tration, $15.00 for Electrical Mainten. ance Certificate of Competency and $12.50 for Journeyman Electricians Certificate of Competency. All such fees shall remain the property of the City of Dubuque whether or not the applicant passes the examination. Sec. 11. Scope of Examination. Ap. plicants will be examined by the Board of Electrical Examiners to determine their knowledge of the Rules and Regulations governing the installation of electric wiring, devices, appliances and equipment as set forth in the Sta. tutes of the State of Iowa, the Ordin. ances of the City of Dubuque and in the National Electric Code to determine the general qualifications and fitness of each applicant forexecuting the class of work covered by the registration applied for. Sec. 12. Failure to Paas Examination. Should on upplicunt full to puss on examination by not obtaining a rating thereon of 70% or higher, said applicant xray be re-examined upon submitting application in writing accompanied by the examination fee after a period of sixty (60) days has elapsed frorr, the date of the applicants last previous examination. See. 13, Issuance of Certificate. Ex. amination shall be in "Wing and a complete record of each shall be kept on file fora period of one yearn fterdate of such examination at the office of the Secretary of the Board of Electrical Examiners. The Board of Electrical Ex. airliners shall grant registration and shall issue certificate therefor to those applicants certified by the Board of Electrical Examiners, provided that in every case the registration shall not be granted until the prescribed fee has been paid. Sec. 14 Unregistered Helpers Ex- cepted. Nothing in this section shall be interpreted to prohibit the employment of any unregistered helpers or appren- tices to assist registered contractors, registered journeyman or maintanance electricians. Sec. 15. Accounting for Fees. Ex. amination and registration fee shall be deposited with the City Treasurer upon receipt of same. Sec. 16. Examination Walved. Any electrical contractor of Journeyman electrician, or maintenance electrician, coming to Dubuque from another city or town having similar registration stan- dards and who shall produce credentials showing proper accreditation as an electrical contractor or journeyman electrician or maintenance electrician shall, upon approval of such credentials by the Board, be excused from the ex- a►nination hereinbefore required, and a registration shall be issued to him upon payment of the required fee. The Ex- aming Board, upon proper application, shall also be empowered to grant a temporary registration to any electrical contractor or joyrneyman electrician or maintenance electrician who comes in- to Dubuque from an area not having such similar registration standards upon showing satisfactory to said Board of necessary skills and qualifications to undertake the installation or mainten- ance of special appliances or utilization equipment. Said temporary registration shall be revokable by action of the Board of Examiners at its option and shall in any event not be effective for a period longer than (30) days. Sec. 17. Appeal. In the event any person shall feel aggrieved by any ac- tion of the Examining Board, he may appeal from such action to the City Council by filing written notice of his appeal within ten (10) days from the date of the action taken by the Board. The Council shall give (5) days written Regular Session, February 7, 1977 notice by certified mail of the date, tin, e, and place of hearing to the appealing party and the Examining Board. All interested persons shall he given the opportunity to he heard of such hearing, and the City Council mavaffirm. modify or overrule the action of the Board. The Electrical inspector shall have no vote in the decision of the Examining Board. Sec. 18. Transfer of Registration. It is prohibited fora person, firn, orcorpora- tion holding a registration to transfer it or allow the use of it, directly or indir- ectly, by any other person, firm or corporation. Sec. 19. Prohibition. No person, firn, or corporation shall perform any elec- trical work as an electrical contractor, journeyman electrician, maintenance electrician in the City of Dubuque. Iowa unless registered as heretofore provided. " Sec. 20. Penalty. Anyone who violates any of the provisions of this Ordinance shall, upon conviction, be subject to a fine not exceeding $100.00 or to imprisonment not exceeding thirty (30) days. Sec. 21. Repeal. Ordinance No. 30.72 and all parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. Sec. 22. Savings Clause. If any sec- tion, provision or part of this Ordinance shall be adjudged to be invalid or un- constitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. Sec. 23. When Effective. This Ordin- ance shall he in effect after its final passage, approval and publication as required by law, and in no event before March 1, 1977. Passed by recorded roll call vote, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady r Walter A. Pregler i Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of Feburary, 1977. Leo F. Frommelt City Clerk It2114 Mayor Stackis moved final adoption of the Ordinance as Amended. Seconded i by Councilman Tully. Carried by the following vote. - Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. NaVs — None. ORDINANCE NO. 5-77 AN ORDINANCE REVISING ORDIN- ANCE NO. 31-72 KNOWN AS THE ELECTRICAL ORDINANCE 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 REFER- ENCE: REGULATING THE PRACTICE, MATERIALS, AND FIXTURES USED IN THE INSTALLATION, MAINTEW ANCE, EXTENSION AND ALTERA- TION OF ALL WIRING, FIXTURES, AP- PLIANCES, AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICALS SYSTEMS; TO PROVIDE FOR THE ENFORCEMENT OF THE CODE BY CREATING THE OFFICE OF ELECTRICAL INSPEC- TOR, THE APPOINTMENT OF AN ELECTRICAL INSPECTOR, THE ISSU- ING OF ELECTRICAL PERMITS, THE COLLECTION OF PERMIT FEES, TO ESTABLISH AN ELECTRICAL AP- PEALS BOARD AND TO PROVIDE PENALTIES FOR VIOLATIONS HEREOF, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 5-77 AN ORDINANCE REVISING ORDIN- ANCE NO. 3142 KNOWN AS THE ELECTRICAL ORDINANCE 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 REFER- ENCE; REGULATING THE PRACTICE, MATERIALS, AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION, AND ALTERATION OF ALL WIRING, FIXTURES, AP- 56 Regular Session, February 7, 1977 PLIANCES, AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO PROVIDE FOR THE ENFORCEMENT OF THE CODE BY CREATING THE OFFICE OF ELECTRICAL INSPECTOR, THE AP- POINTMENT OF AN ELECTRICAL IN- SPECTOR, THE ISSUING OF ELEC- TRICAL PERMITS, THE COLLECTION OF PERMIT FEES, TO ESTABLISH AN ELECTRICAL APPEALS BOARD AND TO PROVIDE PENALTIES FOR VIOLA- TIONS HEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITU OF DUBUQUE, IOWA: Section t. Short Title. This ordinance shall be knoµn as the City of Dubuque, Iowa Electrical Ordinance and may be so cited. Section 2. Purpose & Scope. It is the purpose of this ordinance to adopt a complete electrical code, including provisions for the inspection and regulation of electrical installation is- suance of permits and collection of fees, and to provide penalties for violations of this ordinance in order to protect public safety, health and welfare. The provisions of this ordinance shall apply to and govern the supply of elec- tricity and all uses, installations, altera- tion, repairs, removals, renewals, re- placements, disturbances, connections, disconnections and maintenance of all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs and apparatus or parts thereof hereinafter referred to as electrical equipment that are intended to be, or are, within, on, under, over or near any building, structure, equipment, or per- mises with the following exceptions: (a) The installation, alteration or repair of electrical generation, trans- mission, or distribution equipment, but not utilization equipment owned and operated by an electrical utility. (b) The installation, alteration or repair of electrical signal or co►nmun- ication equipment if such equipment is owned or operated by a utility company. (c) Any work on, or in boats, railway cars, trackless trolleys, buses, aircraft and motor vehicles. (d) Any work in connection with electrical equipment used for rudio and television transmission but not includ. ing supply wire to such equipment. (e) Any work involved in the man. ufacturing or testing of electrical equip- ment or apparatus, but not including any Permanent wiring or equipment. (f) Any work associated with: 1. The repair of plug connected elec- trical appliances or devices. 2. Pemianently connected electrical appliances or devices that have been electrically and mechanically discon. nected and separated from all sources of electrical supply (by an electrical licen. see). The opening of switches or the blowing or removal of fuses shall not be considered an electrical or mechanical disconnection or separation. (y) The installation or replacement of approved fuses. (h) The installation or replacement of pin type lamps, screw base lamps, or plug connected portable appliances. Repairing or replacing push or snap switches, lamp sockets, receptacles and taping bare wires Section 3. Adoption of Electrical Code. The National Elecincal Code of 1975, as promulgated by the American National Standards Institute, is hereby adopted in full except for such portions as hereinafter may be deleted, modified or amended From the effective date of this ordinance, all electrical work as set out in Section 2 of this ordinance shall be performed in accordance with its provisions as modified herein. A copy of the National Electrical Code, as adopted and a certified copy of this ordinance are on file in the office of the City Clerk for public inspection. Section 4. Electrical Inspector. There is hereby created the office of Electrical inspector. The person appointed as Electrical inspector shall: be of good moral character: be possessed of such executive ability as is requisite for the performance of his duties; have a through knowledge of the standard ma- terials and methods used in electrical work; be well versed in approved rrmeth- ods of construction for safety to persons and property, the statutes of the State of Iowa relating to electrical work and any orders, rules and regulations issued by authority thereof, and the National Electrical Code. as approved by the American National Standards Institute; uhave had at least five years experience as an electrical inspector or in electrical work, or in lieu of such experience, shall be a graduate in electrical or mechan- ical engineering of an approved college or university and shall have two years Practical electrical experience. The Electrical inspector, or Assistant Electrical INSPECTOR, SHALL BE AP- POINTED BY THE City Manager. The Electrical inspector, during his tenure in office may hold membership in the International Association of Elec- trical Inspectors, and may hold mem- bership in the National Fire Protection Association, and with the consent of the Manager, may serve on any (electrical) Regular Session, February 7, 1977 57 committee of these associations to which he may be appointed. Member- ship dues, assessments and necessary expenses in connection with such ac- tivities may be paid by the City. The Electrical Inspector or any of his assistants shall not engage in the busi- ness of the sale, installation or main. tenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any con- cern engaged in such business in the City of Dubuque, Iowa, at any time %hile holding office. This shall not be construed to in any %ay prevent the Electrical Inspector or his assistants from performing such services for the City of Dubuque. Iowa, as may be required by the Manager or City Council. Section S. Electrical Appeal Board. There is hereby created an Electrical Appeal Board consisting of five (5) members. The members shall be ap- pointed by the City Council. All members shall be residents of the City of Dubuque: One member shall be a representative of the public. One member shall be a registered iourneyrnan electrician. One member shall be a registered electrical contractor. One member shall be a maintenance electrician. One member shall represent business. The terra of each member shall be four years provided, however, that the original appointments to the Board shall be made as follows: Two members shall be appointed to serve for a period of three years. Three members shall be appointed to serve fora period for four years. Necessary and actual expenses shall be allowed to members of the Board, but no other compensation shall be paid to them. Section 6. Administration & Enfor- cement. It shall be the duty of the Elec- trical inspector to administer and en- force the provisions of this ordinance. He shall keep complete records of all Permits issued, inspections and rein- spections made and other official work performed in accordance with the Provisions of this ordinance. Section 7. Application For A Permit. Application for a permit shall be made to the Electrical Inspector, on forms provided prior to beginning the par- ticular work for which they ure issued with the exception of emergency %ark. The application shall include the name and business address of the person, firm, corporation or other association that is to do the work, a description of the pmpertv %here the work is to be done, the name of the owner of such property, the name of the occupant of such property and a general description of the materials to be used, and shall specify the particular part or parts of the work which require inspection in conformity with the provisions of this ordinance. Section 8. Penult for Electrical Work. No electrical wont as set out in Section 2 of this ordinance shall be completed without a permit issued by the Electrical Inspector. A permit shall be issued if the electrical work, as proposed in the ap- plication for a permit, meets all the requirements of this ordinance. If plans and specifications are requested by the Electrical Inspector, they must be in accord with the requirements of this ordinance. (a) Where an electrical installation has been started prior to the submission of an application for an electrical permit for such worst, the normal permit fee as required by the Code shall be increased by the amount of fifteen dollars ($15.00). (b) Where a registered electrical con- tractor is found doing electrical work without an application for electrical permit on three separate occasions in one calendar year, a hearing shall be held by the Chief Electrical Inspector at which time the permit privileges of said electrical contractor may be suspended for a period of time not to exceed one year. The members of the Electrical Examining Board as established by Or- dinance No. 4-77 shall be present at such hearings and shall act as advisors to the Chief Electrical Inspector in determin- ing what course of action should be taken. Section 9. Permit — To Whom Is- sued. A permit shall he issued only to an electrical contractor registered, or is- sued a temporary registration under Electrical Ordinance No. 4-77, Section 16, by the City of Dubuque, or to the holder of maintenance certificate of competency issued to the owner of property on which the work is to be done. However, any permit required by this ordinance may be issued to the owner of a single-family dwelling, or a mobile home, used exclusively for living purposes, to do any work regulated by this ordinance in such a dwelling or mobile horne, including usual accessory buildings, and quarters, provided that the dwelling or mobile home will be occupied by the owner, that the owner appears before the Electrical Inspector and shows himself competent to do the specific work for which he desires a 58 Regular Session, February 7, 1977 permit, and that the owner personally shall perforin all labor in connection with the work. All work done in accor. dance with this exception must meet all the requirements of this ordinance and shall be inspected as other work. Section 10. Schedule of Permit Fees. The following fees shall be applied and collected prior toa final inspection: (a) Outlets for fixtures, lamps, switches, receptacles, underfloor raceway, dimmer and similar devices, each first 10, $0.25 each; next 15, $0.20 each; over 25,$0. 10 each (b) Electric ranges, oven or cooking top, and water heaters, heating cable or other heating device, or outlets ther- efore, each $2.00. (e) Fixtures, medium base socket, lamp holder, tubular lamps such as fluorescent, cold cathode, lumiline and mercury vapor, per fixture first 10, $0.20 each; over 10 $0.10 each. (d) Plug-in strip, trot -e -duct, and similar systems per foot or fraction hereof, $0.10 (e) Neon signs, first transformer or sign over two sockets. $3.00; each addi- tional transformer or ballast, $2.00. (f) Motors and apparatus including control, 0 to 2.5 H.P., $2.00; 3 to 10 H.P., $3.00 11 to 20 N.P., $4.00; 21 to 30 H.P., $5.00; over 30 H.P., $5.00 plus $0.10 per H.P. additional. (g) Generators, transformers, reac- tors, rectifiers, capacitors, heaters, con. verters and similar devices per kilowatt or kilo -volt ampere or fraction thereof 0 to 1 KW, $1.50; over 1 KW, $3.00. (h) Sub -panel, each $2.00. (i) Moving pictures and X-ray ma- chines, high frequency therapeutic ap- paratus and similar equipment, each 0 to I KW, $5.00; 1. IK W or over $15.00. (1) Permit fees for total capacities of service switches: 0 to 100 amperes, $3.00; 101 to 400 amperes, $5.tr0; 401 to 600 amperes; $7.50; over 600 amperes, $10.00. (k) Each reinspection made necessary by faulty construction $5.00. (1) Annual Permit @ $8.00: month, $96.00. (m) Minimum fee for any permit, $5.00. (n) For failure to report to the inspec- tion department an electrical installa- tion for inspection, for rough -in or com- pletion, a fee of $7.50 may be assessed against the permit holder. (P) For failure to be able to make inspection because of incorrect address, $5.00. These fees shall be deposited with the City Treasurer not later than the last working day of the month in which they were received. A monthly u,ntten report of the amounts and sources of the fees shall be made to the City Manager. Section 11. Annual Permits: (a) An annual permit in lieu of in- dividual permits shall be issued after application to any person, firm, corpor- ation or other association regularly em - playing one or more registered main- tenance electricians, for the repair and maintenance of electrical equipment in or on buildings or prerrdses owned or occupied by the applicant for such per- mit. An application for an annual permit shall be in writing and shall contain a description of the premises on w hick the work is to be done under such annual permits. The permittee shall keep a record of all electrical repairs and maintenance work done under the per- mit. This record shall be accessible to the Electrical Inspector at all reasonable times. All work done under such permit and all electrical wiring and installation in conformance with the provisions of this ordinance. (b) In industrial plants where exper- ienced electricians are regularly em- ployed and who have charge of the electrical work in such plants, a month- ly inspection shall be made by the Electrical Inspector of the installation of electric wiring, fixtures, appliances, work and materials used in connection with the operation of work in said plant. A record shall be kept at such plants covering the preceding month. This record shall be filed with the Electrical Inspector each month prior to the time he makes his regular inspection. Any falsity contained in the reports required to be filed with the Electrical Inspector shall subject the person, firm or corpor- ation responsible therefor to the penal- ties provided in this ordinance. Any industrialplant to whom the provision hereof applies shall pay to the City of Dubuque $8.00 per month, or $96.00 per year. Section 12. Plans & Specifications. Plans and specifications showing the proposed work in the necessary detail shall be submitted if requested by the Electrical Inspector. If any application for a permit is denied, the applicant may submit revised plans and specifications without payment of any additional fee. If, in the course of the work, it is found necessary to make any change from the plans and specifications on which a permit was issued, amended plans and specificuItons shall be submitted. Section 13. Emergency Work. In emergency situations work can be ini- tiated and completed by a registered electrical contractor without first sub- Regular Session, February 7, 1977 59 mitting an application for a permit. his official duties for the purpose of However, a permit must be obtained making any inspection, re -inspection, or within a reasonable time after the pas- test of the electrical equipment con - sage of the critical period. Reasonable tained therein as may be reasonably time shall be interpreted to mean 24 necessary to protect the public health, hours exclusive of Saturday, Sunday or safety and welfare. holiday. Any work completed under this Section 16. Shutting Off Supply. If emergency clause or otherwise, shall be any electrical equipment or installation done under the provisions of this is found by the Electrical Inspector to be ordinance. defective or defectively installed in con - Section 14. Inspections. Upon the flict with the provisions of this ordin. completion of electrical work that has ance, the person, firm, corporation, or been done under a permit other than an other association responsible for the annual permit, the person, firm, corpor- electrical equipment shall be notified in ation, or other association doing the writing of such defects, and shall make work shall notify the Electrical Inspec- necessary changes or repairs. If such tor. The Electrical Inspector shall in- work is not completed within fifteen (15) spect the work within twenty-four (24) days (or longer period as specified by the hours, exclusive of Saturday, Sunday or Electrical Inspector in such notice), the holidays, after the receipt of notice, or Electrical Inspector shall have the as soon thereafter as practicable. authority to disconnect or order the If the Electrical Inspector rinds the discontinuance of electrical service to work to be in conformity with the said electrical equipment. In cases of provisions of this ordinance, he may emergency. if necessary for safety to issue to the person, firm, corporation, or persons or property, or if electrical other association that has done the equipment may interfere with the work work a certificate of approval. This of the fire department, the Electrical certificate shall authorize the use of the Inspector shall have the authority to work and connection to the supply of disconnect or cause the disconnection ' electricity. The Electrical Inspector immediately of any such electrical shall send written notice of such auth- equipment. If fires have damaged the orization to the agency supplying the wiring of any building or structure, electricity. reconnection to electrical supply shall A certificate of approval may be is- not be made until authorized in writing sued authorizing the connection and use by the Electrical Inspector. of a temporary installation. Such cer- Section 17. Approval of Materials. tificate shall be issued to expire at a The Electrical Inspector may approve in time to be stated therein and may be advance electrical materials inspected revoked by the Electrical Inspector for and approved by the Underwriters' t any violation of this ordinance. Laboratories, Inc., and other materials If any electrical equpipment is to be of equal or higher quality. The Electrical hidden from view by the permanent Inspector shall keep on file a list of such placement of parts of a building, struc- approved materials, which list shall be ture or grounds, the person, firm cor- accessible for public reference during poration or other association installing regular office hours. the equipment shall notify the Electrical Section 18. Appeal. Any person, firm, Inspector. Such equipment shall not be corporation or other association ag- concealed until it has been inspected grieved by any ruling, decision, inter - and approved by the Electrical Inspec- pretation or order of the Electrical In - tor or until twenty-four (24) hours, ex- spector shall have the right to appeal to elusive of Saturdays, Sundays and the Electrical Appeal Board by filing a holidays, shall have elapsed after written notice of such appeal with the receipt of such notification by the Elec- City Clerk within ten (10) days from the trical Inspector: provided, that on large date of the offending ruling, decision, installations, where the concealment of interpretation or order. equipment proceeds continuously, the Upon filing of such notice a time and person, firm, corporation or other as- sociation installing the equipment shall place for hearing shall be fixed by the Electrical Appeal Board. This time shall give the Electncal Inspector due notice be not more than fifteen (15) days after date of filing notice of appeal. The and inspection shall be made per- iodically during the progress of the the person, firm, corporation or other as - work. sociation making the appeal shall be Section 15. Right of Entry. The Elec- notified by certified mail of the time and trical Inspector shall have the right, place of such hearing. Hearings on ap- be open to the public, and all during reasonable hours, to enter any building or premises in the discharge of peal shall interested persons shall be given an Regular Session, February 7, 1977 ,Mx)rrumt,,) :n irrmnt their positions. 7we lecrrccal Appeal Board by *rmnnty into shall affirm, modify, or -v,ver-n! 3n appealed ruling, decision, nter7r.►cateon or order of the Electrical nimv,rtor Any person, firm. corporation rr )cher association not satisfied with Ae decision of the Electrical Appeal Board shall have the right to appeal to court as by law provided Section 19. M 9 01 Ttw Board. The Council shall provide suitable space in which the Board may hold meetings and conduct hearings and shall provide the Board with necessary equipment and facilities and pay the expense ther- aof. The Board shall hold its first meet- ing not more than thirty (30) days after the effective date of this ordinance. Thereafter, the Board shall meet at such times as may be necessary for the proper performance of its duties, but in any case not less than twice a year. A quorum of the Board shall consist of a majority of its members. The Board shall elect a chairman and a secretary annually. Section 20. Electrical Power Supply. Except where work is done under an annual permit, it shall be unlawful for any person, firm corporation or other association to make connection from a supply of electricity or to supply elec- tricity to any electrical equipment for the installation for which a permit is required or which has been disconnect- ed or ordered to be disconnected by the Electrical Inspector until such connec- tion has been authorized by the Elec- trical Inspector, Section 21. Concealment Without Notice. The Electrical Inspector shall have authority to remove or cause the removal of lath, plaster, boarding or other obstructions which may prevent the proper inspection of electrical apparatus. Section 22. Damage to Wire. (a) It shall be unlawful for any owner, workman, contractor or other person not authorized by the Electrical Inspec- tor, in any manner, to cut, damage or otherwise interfere with any wire or apparatus within or upon any building so as to render the same defective in operation, or not in accordance with the rules and provisions of this ordinance. (b) When curbs are cut for driveways, and a City owned electrical conductor is traversed, loss of which would necessi- tate the removal of the driveway for repair, the person or firm desiring to make such change shall be responsible for installing a satisfactory raceway through which conductors can be removed and replaced without disturb- ing the driveway. Sections 23. Electrical Hazards Created During Construction d Instal- lations. When construction or other installations shall cause existing elec- trical conductors to be distorted or con- cealed in such a manner as to create an electrical hazard within the meaning of the provisions of this ordinance, it shall become the responsibility of the person, firm or corporation creating such hazard to properly correct the electrical hazard or cause the some to be correct- ed all in accordance with provisions of this ordinance. Section 24. General Requirement. (a) Radio interference. Any person, firm or corporation installing electrical equipment shall so install such elec- trical equipment as to be free from interference with radio reception and its associated devices as television. Where such interference is found to exist, the Electrical Inspector may issue notice for the immediate discontinuance of the use of the equipment in question. Failure to comply with the notice as issued by the Electrical Inspector shall be deemed as sufficient cause for invoking the penal- ties of this ordinance. (b) When outdoor lighting is to be installed, the lights shall be so placed and beof a light intensity or direction as to not provide a glaring light to the driver of a motor vehicle in adjacent streets or to pedestrians. (c) Living trees shall not be used for the permanent support of electrical conductors or other electrical equipment. Section 25. Power Services. All ser- vice and meter equipment installations shall meet the requirements of the elec- tric utility regulations and safety rules where they do not conflict with the National Electric Code and the National Safety Code, Section 26. Penalty For Violation. Any person, firm or corporation who shall fail to comply with any of the provisions hereof shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00), together with the cost of prosecution, and in default of payment thereof, by imprisonment for not more than thirty (30) days. Section 27. Repealer. ordinance No. 31-72 and all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 28. Severability. If any provi- sion of this ordinance Shull be declared Regular Session, February 7, 1977 61 invalid, the remuinder shall remain in full force and effect. Section 29. Effective Data. This or- dinance shall be in effect after its final passage, approval and publication as required by law, and in no event before March 1, 1977. Passed by recorded roll call vote, adopted and approved this 7th day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of Fe- bruary. 1977. Leo F. Frommelt City Clerk It2114 Councilman Brady moved final adop- tion of the Ordinance as amended. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 6-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY REPEALING SUBSECTION 6. OF SEC- TION 8.1 THEREOF AND ENACTING A NEW SUBSECTION 6. TO SECTION 8.1 IN LIEU THEREOF ESTABLISHING A SPEED LIMIT ON DODGE STREET FROM BLUFF STREET TO DEVON DRIVE, presented and read. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 6-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED BY REPEALING SUBSECTION 6. OF SECTION 6.1 THEREOF AND ENACTING A NEW SUBSECTION 6. TO SECTION 6.1 IN LIEU THEREOF ESTABLISHING A SPEED LIMIT ON DODGE STREET FROM BLUFF STREET TO DEVON DRIVE. 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 Dubuque, Iowa", as amended, be and the same is hereby amended by repealing Subsec- tion 6. of Section 8.1 and enacting a new Subsection 6. to Section 8.1 in lieu ther- eof as follows: "Section 8.1 6. Thirty-five miles per hour on Dodge Street from Bluff Street to Devon Drive." Passed, approved and adopted this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of Fe- bruary, 1977. Leo F. Frommelt City Clerk H2110 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE amending Ordin- ance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended 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 eastwardly for a distance of 165 feet, presented and read. Councilman Pregier moved that the Ordinance be referred to the Council Meeting of February 21, 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. 62 Regular Session, AN ORDINANCE to regvire the dis- closure by retail distributors of retail unit prices of consumer commodities; to prescribe the duties of Director and to provide penalty for violation hereof, presented and read. Councilman Wertzberger was of the opinion Council should not legislate a function of private business. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Paul Milbrandt spoke to unit pricing and Unit Price Codes; Request to give all people same opportunity to buy or sell as they want to. Rick Schmitz of the Warehouse Mar- ket questioned Unit Pricing; Would be costly to all retailers involved. Councilman Tully questioned who utilizes a computer system for check- out; Shall stamp or affix on each com- modity the total price in Arabic Num- berals of such commodity. Rick Amling of Advisory Commis- sion, Pat Dillon of Local UAW 94 and Ed Berberich of Randall's all addressed the Council relative to Ordinance. Councilman Pregler moved that the Ordinance be referred back to the City Solicitor for redraft as Councilman Tul- ly's guidelines to Manager and Staff and report back at Council Meeting of Fe- bruary 21, 1977. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — Councilman Wertzberger. Petition of Genevieve Duehr et al, Iowa TOPS 145, 167, 139, and 260, (60 signers) requesting exemption from rental fee for the use of Allison -Hender- son Building, presented and read. Councilman Stackis moved that the petition be referred to the City Manager and Recreation Director. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of V.F.W. requesting permis- sion to conduct Buddy Poppy Sale days on May 13 and 14, 1977, presented and read. Councilman Pregler moved that the petition be approved subject to coordination of the Manager. Seconded by Councilman Wertzberger. Carried by the following vote: 7, 1977 Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Petition of Sinclair Marketing Inc. requesting vacation of a portion of Ter- minal Street to allow for relocation of a loading rack west of its present location to accomodate larger transport equip. ment, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Thomas E. Graham requesting a work session between the City Council and the Downtown Mer- chants Ass'n., presented and read. Councilman Wertzberger moved that the petition be referred to the Council briefing session on February 16, 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Roger Dolan requesting extension of an alley north and south between the 1800 block of N. Algona and 1800 block of Auburn to provide garage access to 1850 N. Algona, pre- sented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Joseph E. Reisdorf requesting a refund or $422.50 on unex- pired portion of Liquor License No. 2984, discontinued business on December 31, 1976, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays — None. Petition of Edward Bailey requesting a refund of $422.50 on unexpired por- tion of Liquor License No. C-3313, dis- continued business on December 31, 1976, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Regular Session, February 7, 1977 63 Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -None. Petition of Thompson's Food Markets Inc. (Oky Doky 9), requesting a refund of $25.00 on an overcharge on Class "C" Beer Permit No. C-1260, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tullv, Wertzberger. Nays — None. RESOLUTION NO. 30-77 WHEREAS. the City of Dubuque, Iowa is the owner of the real estate described as: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 342 in the City of Dubuque, Iowa and WHEREAS, Ken Palm has made an offer to purchase said real estate: and WHEREAS, the City Council of the City of Dubuque, Iowa has examined said offer to purchase real estate and finds that the sale of said real estate should be approved: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: SWIllon 1. That the sale of the her- einabove described real estate owned by the City of Dubuque, Iowa to Ken Palm for the total purchase price of Seven Hundred Fifty (57500)) Dollars, plus costs of publication and any platting costs, that no abstract of title will be furnished, conveyance will be by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities, be and the same is hereby approved. Sicuon 2. That the City Clerk be 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, adopted and approved this 7th day of February 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Levy of special assessment and intention of Council to issue bonds to pay for recon- struction of Jackson Street from 12th to 22nd Street, presented and read. Coun- cilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, 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 pay for reconstruction of Jackson Street from 12th Street to 22nd Street, presented and read. Councilman Tully moved that the statement be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. John Lang made inquiry as to payment of assessments: Indicated he may pass assessment onto tenants. Councilman Pregler moved to overrule any and all objectors. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 31-77 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for reconstruction of Jackson Street from 12th Street to 22nd Street by Tschiggfrie Excavating. contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and par- cels of real estate all is named. situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. 64 Regular Session, February 7, 197 .7 Jackson Street from 12th Street to 22nd Street Estimated Assessable City Share City Share Project Share 12/30/76 Outstanding Total Construction Cost 511,271, 19 $63,747.24 $2,845.47 $77,863.90 Engineering Expense 1.204.41 6,228.04 284.00 7,716.45 5% Interest /52 Days 81.40 0.00 0.00 91.40 10% Interest/30 Days 00l 104,64 0.00 104.64 Equipment Cost 0.00 7,751.60 0.00 7,751.60 Total Cost $12.557.(X) $77,931.52 $3,129.47 $93,517.99 CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For Jackson Street -12th Street to 22nd Street OWNER LOT LOCATION ASMT. Dubuque Association of the Blind contract: The Bible Baptist Church of Dubuque 1-5-1/5 City Lot 496 105.50 Leo D. & Thelma Mc- Ginnis 2-S-1/5 City Lot 496 9.56 Theodore C. Bartmann SI/3-SM-1 /5 City Lot 496 57.54 Richard T. & Annette E. Miller N',7 -SM -1 /5 City Lot 496 57.54 Richard T. & Annette E. Miller S1/4 -M-1/5 City Lot 496 28.77 Gerald F. Maro N -%-M-1/5 City Lot 496 96.30 Arthur H., .lean & Louise Kress SI/2-NM-1 /5 City Lot 496 57.54 Charles H. Giese 1 Dubuque Electric Motor Service Place 71.38 Frank J. & Mary Hickey cont: Edward G. Fairfield 1-S-1 i5 City Lot 495 99.39 Dubuque Electric Motor Service, Inc. 2 Dubuque Electric Motor Service Place 102.13 Bernard J. & Irene H. Nelson 2-5-1/5 City Lot 495 15.68 Harriet Hein S -2$'S" -SM -1/5 City Lot 495 64.05 Marita A. Hanover N -227' -SM -1/5 City Lot 495 51.02 Merlin & Donna Schonoff M-1/5 City Lot 495 115.30 Chas. A. & Lorraine Kleiner cont: James M. & Donna L. Soulias d/b/a Carousel Enter- prises Ltd. NM -1/5 City Lot 495 115.30 Theodore C. Bartmann N-1/5 City Lot 495 115.30 St. Mary's Credit Union S-1/5 City Lot 494 115.97 St. Mary's Credit Union SI/2-SM-1/5 City Lot 494 57.99 David W. & Mary A. Puetz N'/2 -SM -1/5 City Lot 494 57.99 Margaret Devlin Sih-M-1 /5 City Lot 494 57.99 Mary E. & Rose T. & Charles Abraham NIA -M-1/5 City Lot 494 57.99 Ambrose C. & Margie J. Roth SI/2-NM-1/5 City Lot 494 57.99 Thomas A. & Marietta Fairfield 1 -N'/2 -NM -1/5 City Lot 494 45.62 Wilson A. & Anna Smith 2-Nl,j-NM-1 /5 City Lot 494 11.91 Wilson A. & Anna Smith S -16'6"-N-1/5 City Lot 494 36.41 John A. & Jean J. Schnee N -35'-N-1/5 City Lot 494 78.66 St. Mary's Church & School All City Lot 493 575.37 Joseph G. & Greta Schiessl S -26'-S-1/5 City Lot 492 58.44 Clarence F. Freiburger N-257'-5-1 /5 City Lot 492 56.64 Clara Markey S -M-1/5 City Lot 492 115.07 Clara Markey M-1/5 City Lot 492 115.07 0 0 i 11 Regular Session, February 7, 1977 65 Dora Blanche Grotjohn S'/i-NM-I '5 City Lot 492 57.54 Roy A. & Ella Urban N'h-NM-1!5 City Lot 492 57.54 Washington Neighbor- hood Improvement N-1/5 City Lot 492 115.07 Doris M. Grab S-1/5 City Lot 491 115.07 Immanuel Congregational Church SM -1/5 City Lot 491 115.07 Russell L. Rafoth S1/2•M-1 /5 City Lot 491 57.54 Immanuel Congregational Church NI/2-M-1 /5 City Lot 491 57.54 Immanuel Congregational Church NM -1/5 City Lot 491 115.07 Immanuel Congregational Church N-1/5 City Lot 491 115.07 ' John & Josephine Dausner S% -S-1/5 City Lot 490 57.54 Robert L. & Irma L. Cartigny N'h-S-1 /5 City Lot 490 57.54 William R. & June Hallahan 2.1 -SM -1/5 City Lot 490 53.42 Harold & Dorothy Kamentz 1 -1 -SM -1/5 City Lot 490 52.37 Vincent W. & Doris A. j Dreesen 2 -SM -1/5 City Lot 490 9.63 Vincent W. & Doris A. Dreesen Ski -M-1/5 City Lot 490 59.38 Edith Wachter N'h-M-1/5 City Lot 490 57.54 Richard K. & Joyce Koons NM -1/5 City Lot 490 115.07 Claire W'issel N-1/5 City Lot 490 115.07 Violet Ann Foley I -S-1 /5 City Lot 489 63.34 Margaret Steichen 2-S-1/5 City Lot 489 50.70 Gerald W. & Anna M. Conrad cont: John F. & Wilma Glynn SM -1/5 City Lot 489 115.97 Gerald W. & Anna M. Conrad cont: John F. & Wilma Glynn S -3'-M•1/5 City Lot 489 6.73 Earl L., Sr. & Lois L. Rohr N -48'2"-M-1 /5 City Lot 489 108.33 Joseph F. Wenzel 5-52'4"-N-2/5 City Lot 489 115.97 Iowa Oil Company N -37' -N -40'6"-I Mineral Lot 100 83.16 Iowa Oil Company 5-3.6'•N-40'6"-1 Mineral Lot 100 8.08 Iowa Oil Company S-1 I'•1 Mineral Lot 100 24.72 Iowa Oil Company 1-2 Mineral Lot 100 44.95 Iowa Oil Company 2.2 Mineral Lot 100 71.02 Howard A. & Ethel M. Breson N4-3 Mineral Lot 100 57.99 Paulette F. Vincent Ski -3 Mineral Lot 100 57.99 Thomas R. Harry 4 Mineral Lot 100 115.97 Eldon C. Dorothy J. W'ilwert 1-2-27 East Dubuque Add. 26 ' Eldon C. Dorothy J. W'ilwert 2.2-27 East Dubuque Add. 15.25 Eldon C. Dorothy J. W'ilwert 1-27 East Dubuque Add. 3167 Eldon C. Dorothy J. W'ilwert 2-2-28 East Dubuque Add. 42.IU Eldon C. Dorothy J. W'ilwert 1-2.28 East Dubuque Add. 15.36 William H. & Jo Ann H. Klauer 1-28 Fast Dubuque Add. 58.19 Arthur H. Rebandt 1-29 East Dubuque Add. 57.90 Florence Mesch 2.29 East Dubuque Add. 57.67 LaVerne P. Miller all East Dubuque Add. 115.07 Lillian K. Henning N-25'-31 East Dubuque Add. 56.19 Lillian K. Henning 5-26'6"-31 East Dubuque Add. 59.56 George P. & Cri Ma Mary ppes N'-1.32 East Dubuque Add. 57.54 Anton J. & Bernice C. Schiessl cont: Leslie L. & 57.54 Gloria J. Potter Ski, -32 East Dubuque Add. 57.54 Helen Mai Nl.y.33 East Dubuque Add. 57.54 Clarence & Ruth Gratton S'r33 East Dubuque Add. 66 Regular Session, February 7, 1977 Edward J. & Myrtle S. NI/2-34 East Dubuque Add. 57.54 Wallig Steven R. & Jean M. Ernst S%-34 East Dubuque Add. 57.54 Francis Schroeder N'S -35 East Dubuque Add. 57.54 Lawrence A. & Florence S1h-35 East Dubuque Add. 57.54 Sassen Lawrence A. & Florence N-20'•36 East Dubuque Add. 44.95 Sassen Howard F. & Anna M. S-31'2"-36 East Dubuque Add. 70.06 Havens Arthur F. Nagel 1-37 East Dubuque Add. 86.26 Howard S. & Lena McCarron cont: John R. & Dianne K. Holmes 2-37 East Dubuque Add. 28.81 Cecelia C. Winter NI/2-38 East Dubuque Add. 57.54 John J. & Lorraine M. Eichhorn S1h-38 East Dubuque Add. 57.54 Mary T. Smith N1h-39 East Dubuque Add. 57.54 Cheryl J. Gruber S1/r-39 East Dubuque Add. 57.54 Katherine Fettgather NI/2-40 East Dubuque Add. 57.54 Daniel L. & Jeannine A, Jaeger I Van Eman Place 145.98 Michael E. Portzen 2 Van Eman Place 26.60 Melvin & Fdora M. Scheffert Ski -61 East Dubuque Add. 57.54 Donald H. & Gloria M. Gagne N1h-61 East Dubuque Add. 57.54 Harvey & Margt. Schmitt S-26'2"-60 East Dubuque Add. 58.89 Joseph J., Jr. & Maye M. Tschiggfrie N-25'-60 East Dubuque Add. 56.19 Harry J. & Frances Lochner I-S'h-59 East Dubuque Add. 46.28 Dubuque Electric Motor Service, Inc. 2-S'h-59 East Dubuque Add. 11.25 Harry J. & Frances Lochner 1-S-24'-Nlh-59 East Dubuque Add. 43.58 Dubuque Electric Motor Service, Inc. 2-S-24'-N'b-59 East Dubuque Add. 10.58 Esther Heiser N-1'6"-NIh-59 East Dubuque Add. 3.36 Esther Heiser SI/2-58 East Dubuque Add. 57.54 Bernard E. & Elizabeth A. Mullady NI/2-58 East Dubuque Add. 57.54 Dubuque Electric Motor Service, Inc. 2-57 East Dubuque Add. 71.00 Bernice M. Leute 1.57 East Dubuque Add. 44.07 Robert L. Birch S4i-56 East Dubuque Add. 57.65 Joseph & Frances Pot- tebaum cont: Marcellus J. Pottebaum N4.56 East Dubuque Add. 57.65 Gertrude R. Gross Life Est: Adam J. Boxler Sl/a-55 East Dubuque Add. 57.65 Carl L. & Margaret M. Sawvel NI/2-55 East Dubuque Add. 57.65 Earl L. & Margaret M. Sawvel East Dubuque Add. 57.65 Dennis V. & Lou Ann Hoag N%-54 East Dubuque Add. 57.65 Gerald A. & Catherine A. Streinz SJ/2-53 East Dubuque Add, 57.65 Agnes Goerdt N1f2-53 East Dubuque Add. 57.65 Mary M. Kuhl M'-44'-52 East Dubuque Add. 77.94 Lawrence H. Haugen E-56'52 East Dubuque Add. 37.35 Richard A. & Janice K. Aitchison 16'1/2-51 East Dubuque Add. 84.08 Donald J. & Ava Louise Esser E16-51 East Dubuque Add, 31.89 Alvina G. Spautz SI/s.50 East Dubuque Add. 57.99 Fred G. & Marcella M. Rettenmaier N'/x-50 East Dubuque Add. 57.89 Fred G. & Marcella M. 0 I Regular Session, February 7, 1977 67 Rettenmaier 151/2-11f r -as[ uuouque nuo. Howard & Lois Neal N1.4-49 East Dubuque Add. Harold E. & Helen Jestel S'1-48 East Dubuque Add. Joseph 1. & Louise M. L. H. Langworthys Add. N-30'•N-6ll'-46 Osterhoff 1-W,,-48 East Dubuque Add. Joseph 1. & Louise M. + OsterhofF 2.47 East Dubuque Add. Joseph I. & Louise M. Osterhoff 5-20.6'-1-1.47 East Dubuque Add. Carl J. & Marion Hayes N-16.6'-1-1-47 East Dubuque Add. Mary M. Ashell 1.2-1-47 East Dubuque Add. Mary M. Asbell 2-2-1-47 East Dubuque Add. Mary M. Asbell 2-2-N'9-48 East Dubuque Add. Joseph I. & Louise M. Osterhoff 2.1-2-N'9-48 Fast Dubuque Add. Mary M. Asbell 1-1.2-N'7-48 East Dubuque Add. Raymond M. & Leona D. Konrardy 46 East Dubuque Add. Thomas H. & Sarah J. Muntz S19-45 East Dubuque Add. Bertha & Frank Lucas N%45 East Dubuque Add Helen DeBold Cathcart S'h-44 East Dubuque Add. Frank J. & Mabel Weber N4-44 East Dubuque Add Walter B. & Joyce H. Somers 43 East Dubuque Add. Walter B. & Joyce H. Somers 2-42 East Dubuque Add. Richard L. Herr & David A. Buechele 1-42 East Dubuque Add. St. Pauls Evangelical Lutheran 11 Steiners Add. ' St. Pauls Evangelical Lutheran 12 Steiners Add. St. Pauls Evangelical Lutheran 13 Steiners Add. St. Pauls Evangelical Lutheran 5.24'-14 Steiners Add. Elizabeth Zimmerman N.26'-14 Steiners Add Sidney E. & Elizabeth D. Miller & Robert D. Miller N'/x- 15 Steiners Add. ' Jobil Investments S'+4-15 Steiners Add. Richard & Ruth Kennicker 16 Steiners Add. Elsbeth Williams 17 Steiners Add. Celia Kovanda 18 Steiners Add. Elizabeth Zimmerman S-14'-E'h-44 L. H. Langworthys Add. Raymond J. & Henni Schmit 5.31'7" -N -50'-E%-44 L. H. Langworthys Add. Alice L. Candler N.18'5" -N -50' -E% -44L. H. Langworthys Add. Frank & Emma Buchholz & Dorothy M. & Velma Buchholz 1 •E'4-42 & E1,4-43 L. H. Langworthys Add. Francis P. Schroder 5-25'-I.2-E'h-42 & Francis P. Schroder Gertrude M. Weiner Gertrude M. Weiner Eldon Waller Lillian Loecke Eileen L. Meyer & Richard J. & Catherine A. Schroeder Joseph Kann Joseph Kann John M. & Catherine H. Collins John E. & Lorraine M 43 L. H. Langworthys Add. N -25'-1.2•E442 & 43 L. H. Langworthys Add. 2-2-E'4-42 E'i-43 & L. H. Langworthys Add. 3-E'r42 & E14-43 L. H. Langworthys Add. S-42'47 L. H. Langworthys Add. N-30'•N-6ll'-46 L. H. Langworthys Add. 5-30'-N•6ll'-46 L. H. Langworthys Add. 5-17'-46 L. H. Langworthys Add. N-22'45 L. H. Langworthys Add. 57.99 57.99 57.99 56.39 27.02 39.17 31.15 17.16 0.52 0.18 0.31 1.08 115.07 57.54 57.54 57.54 57.54 115.07 38.69 77.67 111.86 110.87 109.81 52.30 56.08 56.19 56.19 112.38 112.38 112.38 30.12 68.01 39.89 73.70 52.82 52.82 1.91 48.78 94.40 67.43 67.43 38.21 49.45 S.42'-45 L. H. Langworthys Add. 94.40 68 Regular. Session, February 7, 1977 Schadle 1-N-46'-48 L. H. Langworthy's Add. 91.07 Wilfred T. & Florence C. Herrig 2-N-46'-48 L. H. Langworthy's Add. 12.31 011ie Airheart cont: Susan L. Brimmer 49 L. H. Langworthy', Add. 143.84 Lois & Martin Petrick 5-32'-50 L. H. Langworthy's Add, 71.92 Velma L. Hentges N-32'-50 L. H. Langworthy's Add, 71.92 Velma L. Hentges S•1'-51 L. H. Langworthy's Add. 2.25 John R. & Debra A. Martins N-63'-51 L. H. Langworthy's Add. 141.59 Edward C. & Marlene R. Greve 5-40'-52 L. H. Langworthy's Add. 89.90 Gladvs D. Waterman N-24'-52 L. H. Langworthv's Add. 53.94 Gladys D. Waterman S!6.53 L. H. Langworthy's Add 71.92 Norbert J. & Diane M. Steger NI/2-53 L. H. Langworthy's Add. 71.92 Norbert J. & Diane M. Steger S-8'-54 L. H. Langworthy's Add. 17.98 George R. & J. Pfiffner 5-29'-N-56'-54 L. H. Langworthy's Add. 65.18 Frank Miller N -27'-N-56'-54 L. H. Langworthy's Add. 60.68 Cletus J. & Eliz. Kasel EI/2-35 L. H. Langworthy's Add. 131.32 Mary & Donald Schlader cont: Hollis D. & Audrey A. Root NE'/4-36 L. H. Langworthy's Add. 66.08 Wayne J. & Kathleen F. Weiland SE'/4-36 L. H. Langworthy's Add. 66.41 Mark J. & Mary A. Gilligan N-27.4'-E'h-37 L. H. Langworthy's Add. 57.06 William A. Primasing N-38'6"-E'h-38 L. H. l angworthy's Add. 80.91 Donald L. & Shirley A. Torrey 5-25'6"-E'/2-38 L. H. Langworthy's Add. 53.81 Michael J. & Lucinda L. Kruser 2 -1 -1 -1 -N -54'- E!540 & EI/2-39 L. H. Langworthy's Add. 75.90 Burdett Boardman 2.1 -N -54'-E!4- 40 & EI/2-39 L. H. Langworthy's Add. 18.22 Velma L. Hentges Curran & Gerald P. Curran cont: Stanley J. & Opal M. Wiezorek 2 -N -54'-E%-40 & E'/09 L. H. Langowrthy's Add. 46.57 Raymond C. & Adele L. Daack 1-1-1-1-N-54'E'h-40 & Eli -39 L. H. Langworthy's Add. 60.77 Raymond C. & Adele L. Daack S-10'-E'h-40 L. H. Langworthy's Add. 21.46 Margt. E. Legler cont: Robert S. & Janice M. Weipert cont: James F. & Karen R. Brokus I-S-36'-6"-E'h-37 L. H. Langworth's Add. 39.96 Leona M. & Robert Pfiffner 2-S-36'-6"-E'h-37 L. H. Langworthy's Add. 3659 T. Edwin & Edna H. Winders 5 -45' -N -55' -9" -E% -41L. H. Langworthy's Add 96.96 Raymond C. & Adele Daack N-10'•9"-N-55'9"-E'h-41L. H. Langworthy's Add. 23.04 Michael J. & Lucinda L. Kruser 2-1-1-N-54'-E'h-40 & EI/2-39 L. H. Langworthy's Add. 51.00 $12,55700 All of which is assessed in proportion to special benefits conferred. t 15,588 sq. yd. Removal of asphalt concrete sur- facing @ $ 0.56 $ 8,729.28 958.29 ton Asph. cone. binder course type "A" mixture size %" @ 8.85 8,480.87 1,240.25 ton Asph. cone. surface course type "A" mixture size %" cal 8.85 10,976.21 144.661 ton Asphalt cement, 85-I00 pen. @ 75.50 10,921,91 837 gal. Tack coat RC -70 @ 0.45 376.65 Construction Cost Regular Session, February 7, 1977 Equipment Cost 69 41.7 ton Asphalt concrete type "A" hand Less 70% FAUS Share 59,9.30 R5 Less City Share - patching @ 23.00 959.10 431.4 ton Asphalt concrete type "A" leveling course @ 11.85 5.112.09 20-464 sta. Curb and gutter removal @ 150.00 3,069.60 2d160.G lin. ft. P.C. curb type "C" @ 5.50 11.3.30.00 346.08 sq. yd. P.0 concrete pavement removal @ 10.00 3.460.80 177.47 sq. yd. Class "A" PC cone. pavement 10" thick @ 13,00 2,307.11 75.78 sq. yd. P.C. sidewalk removal @ 1.35 102.30 626.09 sq. ft. 4" P.0 sidewalk @ 1.10 688.70 8 no. of Adjustment of fixture, manholes @ 70.00 %0.00 II no. of Adjustment of fixtures, catch basin @ 70.00 770.00 4 no. of Manhole casting. nng and cover @ 140.00 560.00 38.13 sq. Sod @ 27.77 1.058.87 53 tin. ft. Conduit, 1" G.S. in trench @ 3.00 159.00 195 lin. ft. Conduit, lli" G.S. in trench @ 4.71 918.45 86.5 tin. ft. Conduit. 2" G.S. in trench @ 5.19 448.94 199.17 lin. ft. Electric cable. = 14 AWG, 15-C in Gond. @ 1.00 199.17 160 lin. ft. Electric cable, = 10, AWG, 3-C, OF in conduit @ 0.45 72.00 131 lin. ft. Electric cable = 16 AWG, 2-C shield• ed in conduit @ 0.30 39.30 4 no. of Concrete foundation, 20" dia. x 4' deep @ 190.00 760.00 4 no. of Traffic signal post installation @ 60.50 242.00 4 no. of Traffic signal head installation 55.00 220.00 2 no. of (post) @ Magnetic detector installation @ 225.00 450.00 4 no. of Walk button and sign installation @ 5700 228.00 1 no. of Controller installation (post 86.00 86.00 1 no. of mount) @ Service installation @ 269.00 269.00 4 no. of School sign installation. 36" x 36" @ 25.00 100.00 2 no. of Removal foundation @ 50.00 100.00 2 no. of Remove existing signal and @ 53 106.00 120 tin. ft. standard Concrete or asphalt sawing @ 110 132.002 336.77 147.56 cu. yd. Excavation -Class 13 @° 35 ►0 20 2,691.78 263.9 ton Asphalt treated base @ 450 702 02 00 156.0 lin. ft. Loop detector @° 65 50 00 2 no. of 6" x 6" x 6" pull box @ Construction Cost $77.863.90 Equipment Cost 7,751.6(1 Total $85,615.50 Less 70% FAUS Share 59,9.30 R5 Less City Share - Signals Cost 14.413 46 Assessable Share $11,271.19 Engineering Expense 1,204.41 5% Interest i52days 81.40 Total Assessable Amount $12,557.00 Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen $77,863.90 ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote'. Yeas - Mayor Stackis, Councilmen Bradv. Pregler, Tully, Wertzberger. Nays - None RESOLUTION NO. 32-77 Resolution providing for the Issuance of Street Improvement Bonds for the Purpose of Providing for the Payment of the Assessed Cost of: The Improvement and Recon- struction of Jackson Street from 12th Street to 22nd Street. WHEREAS the contract heretofore entered into by the City of Dubuque. Iowa, for the improvements hereinafter 70 Session, February 7, 1977 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 $12,557.00 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and WHEREAS public notice, as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose 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: I. That to provide for the payment of the assessed cost of: The improvement and reconstruction of Jackson Street from 12th Street to 22nd Street, there may be issued street improvement bonds in the amount of $12,000.00 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: 1iMe- Bond Me. No. Denomination Maur" 1 12 $1 JN81110 December 1, 1977 2 :14 1,000.00 December I. 1978 3 5 1.000.00 December I, 1979 4 6 1,000.00 December I. 19W 5 7 1,000.00 December I, 1981 6 8 1,000.00 December 1. 1982 7 9 1,000.00 December 1, 1983 8 10 1,000.00 December I, 1984 9 11 1,000.00 December 1, 198.5 10 12 1,000.00 December I. 1986 3. Said bonds shall bear interest at a rate not to exceed seven percent (7%) per annum, payable annually in accor- dance 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 maturity date stated therein at the op- tion of the City of Dubuque and shall be 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 7th day of Fe- bruary, 1977, being Resolution No. 32-77. This Bond is one of a series of 12 bonds, all for $1,000.00 numbered from 1 through 12, and one for $.......... num- bered .......... all of like tenor and date, and issued for the purpose of: financing the deferred portion of the assessed cost of the improvements and reconstruc- tion of Jackson Street from 12th Street to 22nd Street, as described in said Re- solution, 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 1309 creat- ed 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 forth, 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 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 7th day of February, 1977. I .................... Mayor ..................... City Clerk (SEAL) (Form of Coupon) On the ........ day of ............. the City of Dubuque, lows, 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 Regular Session, February 7, 1977 71 date on its ............ Bond No. .......... dated ............. Mayor ..................... City Clerk 6. That the Mayor and City Clerk he 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. T 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 1309 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 7th day of February. 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on notice of levy of special assess- ment and intention of the Council to issue bonds to pay for reconstruction of Jackson Street from 22nd Street to Diamond Street, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Statement of City Clerk certifying that notices of levy were mailed by certified mail on January 21, 1977 to property owners of record subject to assessment to pay for cost of recon- struction of Jackson Street from 22nd Street to Diamond Street, presented and read. Councilman Tully moved that the statement be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 33-77 SCHEDULE OF ASSESSMENTS Resolved by the City Council of the City of Dubuque, Iowa: That to pay for reconstruction of Jackson Street from 22nd Street to Diamond Street, by Tschiggfrie Excavating, contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and par- cels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the follow- ing schedule. Jackson Street from 22nd Street to Diamond Street Jackson Street from 22nd Street to Diamond Street Estimated Assessable City Share City Share Project Total Construction Cost Share $31,066.07 12/30/76 Outstanding $137,723.27 $4.632.06 $173.423.40 Engineering Expense 1,715.62 14,906.71 463.21 17,085.544 576lnterest/52 Days 224.38 0.00 0.00 0.00 -38 275.07 10% Interest/30 Days 0.00 275.07 0.00 14,244.25 Equipment Cost Subtotal Contract Cost 0.00 33,008.07 14,244.25 167,149.30 5,095.27 205,252.64 — ---160.00 Sign Relocation ----0.00 360.00 --- 0.00 $205,612.64 Total Cost $33,008.07 $167,509.30 55,095.27 72 Regular Session, February 7, 1977 OWNER LOT LOCATION A$MT. 'The First National Bank of Dubuque All First National Bank North Plaza 465.86 Elmer J. & Cath. L. Mosle cont: Irvin Jr. & Sharon K. Scheuller Eli -31 L. H. Langworthy's Add, 155.29 Roy S. & Shirley A. Siegworth E16-30 L. H. tangworthy's Add. 155.29 Edward W. & Katherine B. Maah 2-S-52'-E'h-29 L. H. langworthv's Add 47.32 E.G. & Hilda Nissalka 1 -S -52%E16-29 L. H. Langworthy's Add. 78.85 Clara K. Voights N -12'-E%-29 L. H. Langowrthy's Add. 29.12 Clara K. Voights 1-E4.28 L. H. Langworthy's Add. 92.19 Burnace R. Jones & Helen D. Gabriel 2-E1h-28 L. H. Langworthy's Add. 63.07 Joseph L. Kissling Life Est: Joseph C. & Winnie Kissling E4-27 L. H. Langworthy's Add. 15.5.29 Arnold & Elizabeth Kennicker E!/4-26 L. H. Langworthy's Add 155.29 Dubuque County S-1"-E1h-25 L. H. Langworthy's Add 0.21 Richard P. Kennedy N-63'-EI.9-25 L. H. Langworthy's Add. 155.29 Elmeta E. L.eytem E15 -24A L. H. Langworthy's Add. 155.29 Wayne R. & Nancy L. Ellerman SI/2-El/2-23A L. H. Langworthy's Add. 77.65 Joseph G. & Regina A. Bughman NIA -EIA -23A L. H. Langworthy's Add. 77.65 John A. & Maxine J. Heim SE'/4-22A L. H. langworthy's Add. 77.65 Frank & Esther Kohl NEI/4-22A L. H. Langworthv's Add. 77.65 Charles & Helen Gilloolev E1h-21 A L. H. langworthy's Add. 155.29 John B. & Charlotte E. Lang E -90-20A L. H. Langworthy's Add. 155.29 Thomas J. & Mary Pamela Jochum 69 L. H. Langworthy's Add. 170.83 Russell S. & Margaret An- na Lewis 1-68 L. H. Langworthy's Add. 114.78 Nick G. Fondell 2-68 L. H. Langworthy's Add. 56D5 Mary J. Brede & Florence F. Herberger 67 L. H. Langworthy's Add. 170.83 Cyril V. & Marie M. Behr 66 L. H. Langworthy's Add. 170.83 Charles M. Patzner, Jr. tis L. H. Langworthv's Add. 170.83 I James & Dorothy Brandel NI/2-64 L. H. Langworthy's Add, 85.41 James & Dorothy Brandel SI/7-64 L. H. Langworthy's Add. 85.41 Dale F. & Dolores A. Walbrun 2-63 L.. H. Langworthy's Add. 81.41 Julien Improvement Co. cont: Agnes M. Terry 1-63 L. H. Langworthv's Add. 89.42 Joseph E. & Eleanor M. Vize 1-62 L. H. Langworthy's Add. 102.76 Alonzo T. & Lucille Murphy 2-62 L. H. Langworthy's Add. 68.06 John J. & Philomena L. Payne N-34'-61 L. H. Langworthy's Add. 90.75 Gale Burnick & George R. R. Martin S-30'-61 L. H. Langworthy's Add. 80.08 George & Olive A. Renk N-36'-60 L. H. Langworthy's Add. 96.09 Gilbert L. & Marlene M. Nadermann S-28'-60 L. H. Langworthy's Add. 74.74 Gilbert L. & Marlene M. Nadermann N-30'-59 L. H. Langworthy's Add. 80.08 Robert L. & Helen M. Schwartz S-34"-59 L. H. Langworthy's Add. 90.75 H. F. Reynolds & Marion C. Schueller cont: Wil- liam J. & Doris Malone 58 L. H. Langworthy's Add. 170.83 Gary J. Roth & Linda A. Allendorf 2.57 L. H. Langworthy's Add. 81.20 Joseph L. & Nancy A. McKillip 1-57 L. H. Langworthy's Add. 89.63 Regular Session, February 7, 1977 73 Joseph L & Nancy A. McKillip N-28'-56 L. H. Langworthy's Add. 74.74 Cyril J. & Jo Ann C Fries cont: Gene & Rita Clancv 2-S•36'55 & 56 L. H. Langworthv's Add. 193.52 Aloysius & Mary Weitz 1 Weitz. Place 24.98 Kathryn M. Neuman Meyer 1/3 Int. and Ruth Carolvn Newman 253 Int 2 Weitz Place 48.42 Hynes & Howes Partners I New Jackson Sub. 76.18 Robert J & Marie H. Hansel 2 New Jackson Sub. 74.74 Leo J. & Mary C. Connolly 3 New Jackson Sub. 62.27 Jos. E. & Mary Sprengelmeyer 4 New Jackson Sub. 62.27 Josephine C. & Joseph B. Risselman 5 New Jackson Sub. 62.27 Warren R. & Georgia I.. Conrad 1-6 New Jackson Sub. 62.27 LeRoy C. & Mildred P. Stodden cont: James E. Curie] Etal 2-6 New Jackson Sub. 2.48 LeRoy C. & Mildred P. Stodden cont: James E. Curiel Etal I-Slg-E-85'485 L. H. Langworthy's Add. 72.26 Irene C. Kerstein 2-S'h-E-85'-185 L H. Langworthy's Add. 3.74 Irene C. Kerstein 1-E-53.6'-N'h-E- 8,5'-185 L. H. Langworthy's Add. 54.15 Irene C. Kerstein 5-27'4"-W-31'6"- N'h-E-85'-185 L. H. Langworthy's Add. 13.08 John G. & Judith Ann Bisdorf N-2'8"-W-31-6"- N'h-E-85'-185 L. H. Langworthy's Add. 1.28 John G. & Judith Ann Bisdorf 2-E-53.6'-N'h-E- 85'-185 L. H. Langworthy's Add. 3.84 John G. & Judith Ann Bisdorf 1-S'-85'-184 h'E L. H. Langworthy's Add. 72.26 John G. & Judith Ann Bisdorf 2 -S% -E-85'-184 L. H. Langworthy's Add. 2.48 Wm. B. & Fannie Kohler 1-N'h-E-85'-184 L. H. Langworthy's Add. 72.26 Reinhardt R & Ida A. Rusch 2 -N% -E-85'-184 L. H. Langworthy's Add. 1.90 Wm. B. & Fannie Kohler 2 -S4 -E-85'-183 L. H. Langworthy's Add. 0.45 Reinhardt R. & Ida A. Rusch 1 -S4 -E-85'-18.3 L. H. Langworthy's Add. 74.74 Rudolph & Clara Hafeman N'h-E-85'-183 L. H. Langworthy 's Add. 74.74 Joseph H. & Loretta Schiltz cont: Robert D. Klauer Etal S'h-E-85'-182 L. H. Langworthy's Add, 74.74 Allen J. & Marion E. Lang N'h-E-85'-182 L. H. Langworthy's Add. 74.74 George W. & Dorothy M. L. H. Langworthy's Add. 149.48 Beaves E6f2-181 12329 David J. & Judith M. link I Olinger Sub. 79.52 Leon Wersinger 2 Olinger Sub. Donald N. & Virginia M. 79.52 Pierce 3 Olinger Sub. Comiskey Field City of 82.40 Dubuque 23 Boulevard Add. Comiskey Field City of 7193 Dubuque 2'2 Boulevard Add. Comiskey Field City of 7193 Dubuque 21 Boulevard Aoki. Comiskey Field City of 7193 Dubuque 20 Boulevard Add. Comiskey Field City of 4193 Dubuque 19 Boulevard Add, Comiskey Field City of 71.93 Dubuque 19 Boulevard Acid. 74 Regular Session, February 7, 1977 Comiskey Field City of Duhuque 17 Boulevard Add 71.93 Comiskey Field City of Dubuque 16 Boulevard Add. 71.93 Comiskey Field City of Dubuque 15 Boulevard Add. 71.93 Comiskey Field City of Dubuque 14 Boulevard Add. 71.93 Comiskey Field City of Dubuque 13 Boulevard Add 71.93 Comiskey Field City of Dubuque 12 Boulevard Add. 71.93 Comiskey Field City of Dubuque 1I Boulevard Add. 71.93 Comiskey Field City of Dubuque 10 Boulevard Add. 71.93 Comiskey Field City of Dubuque 9 Boulevard Add. 71.93 Comiskey Field City of Dubuque 8 Boulevard Add. 71.93 Comiskey Field City of Dubuque 7 Boulevard Add. 71.93 Comiskey Field City of Dubuque 6 Boulevard Add. 71.93 Comiskey Field City of Dubuque 5 Boulevard Add 71.93 Comiskey Field City of Dubuque 4 Boulevard Add. 71.93 Comiskey Field City of Dubuque 3 Boulevard Add. 71.93 Comiskey Field City of Dubuque 2 Boulevard Add. 71.93 Comiskey Field City of Dubuque 1 Boulevard Add. 96.81 Faith Evangelical United Bretheren Church 225 Davis Farm 149.48 William F. & Dorothy E. Gronau cont: Alice M. & Donald R. Blakeman 2-1-1-224 Davis Farm 58.30 Wm. E. & Marcella Mitte 1-1-1-224 Davis Farm 71.99 Rita & Sharon R. McAllister 2.1-224 Davis Farm 19.94 Rita & Sharon R. McAllister 1.1-223 Davis Farm 97.72 William C. & Jean E. Runde 2-1-223 Davis Farm 51.73 Paul J. & Viola Meyers S'i-222 Davis Farm 74.74 Larry A. & Bernice F. Troester NI/i-222 Davis Farm 74.74 Mathew P. & Shirley A. Gasper 221 Davis Farm 149.48 Mary DeFontaine 220 Davis Farm 149.48 Harriet D. Schneider & Janaan M. Besch 1-1-218 & 219 Davis Farm 84.69 Edna Willy 2-1-218 & 219 Davis Farm 24.90 Edna Willy 2.218 & 219 Davis Farm 108.37 Gerald M. & Mary C. McGrath 3-218 & 219 Davis Farm 108.37 Wm. H. & Mary A. Rector 4-218 & 219 Davis Farm 108.69 Donald M. & Harriet Love S-40'-217 Davis Farm 99.93 Michael J. Buelow N-20'-217 Davis Farm 49.97 Michael J. Buelow S-20'-216 Davis Farm 49.97 Donald W. & Agnes Schuster const Harold S. & Viola M. Lambaugh Donald W,& Agnes N-40'216 Davis Farm 99.93 Schuster cont. Harold S. & Viola M. Lambaugh S-40'-215 Davis Farm 99.93 Garry J. & Lynne T. Pape 1-1-N-1 /3.215 Davis Farm 49.97 Regular Session, February 7, 1977 75 Garry J• & Lynne T. Pape 1-S-1 /3-214 Davis Farm 49.97 Ann Lolwing N-2/3-214 Davis Farm 99.93 Eldon P. & Jean A. George 1 Ed Eslinger Place 149.93 Eliz. M. Roesner Est. N-31'47 Ed. W. Langworthy Sub. 90.25 Olin M. & Helen Bechen 5-25'47 Ed. W. Langworthy Sub. 72.76 Kenneth Henry & Barbara L. Lindecker NI/i-16 Ed. W. Langworthy Sub. 72.76 Vincent P. & Quints M. Jestice SI/2-16 Ed. W. Langworthy Sub. 72.76 George L. & Elinor R. Kutsch 15 Ed. W. Langworthy Sub. 145.55 Susan Steger Etal cont: Kenneth & Alane Jean- nette Zahina 14 Ed. W. Langworthy Sub. 145.55 Zeno Kessler 13 Ed. W. Langworthy Sub. 145.55 Raymond J. & Genevieve M. Regan 1.12 Ed. W. Langworthy Sub. 78.05 Edward J. & Rita May Manahl 2.12 Ed. W. Langworthy Sub. 67.45 Mathias K. & Susan K. Lorenz 11 Ed. W. Langworthy Sub. 145.55 Joseph C. & Eileen Sisier 10 Ed. W. Langworthy Sub. 111.31 Harriet & Monica Ziereis 9 Ed. W. Langworthy Sub. 145.55 Robert C. & Sarah E. Livermore 1-8 Ed. W. Langworthy Sub. 87.39 Robert W. Gruel 2-8 Ed. W. Langworthy Sub. 57.63 William E. Lynn A. Wehrspann 7 Ed. W. Langworthy Sub. 145.55 Charles A. & Germaine C. Bird 1-6 Ed. W. Langworthy Sub. 125.75 Christina Papenthien 2-6 Ed. W. Langworthy Sub. 20.07 Christina Papenthien NI/2-5 Ed. W. Langworthy Sub. 72.76 Martha Margan S16-5 Ed. W. Langworthy Sub. 72.76 Martha Margan N-14'-4 Ed. W. Langworthy Sub. 40.76 Eldred & Malinda C. Vyverberg 5-36'-4 Ed. W. Langworthy Sub. 105.06 Benjamin J. & Kathleen F. Heim 3 Ed. W. Langworthy Sub. 145.55 Benjamin J. & Kathleen F. Heim 2 Ed. W. Langworthy Sub. 145.55 Anthony DeMaio I Ed. W. Langworthy Sub. 145.55 Cruso A. & Marian A. Alba E -70'-E-100'-376 Davis Farm 137.09 Francis B. & Eda K. 12.39 Schultz W -30'-E-100'-376 Davis Farm Thomas J. Kramer S -30'-E-90'- E- 100'Davis Farm 74.74 375 Fannie Tippe N•30'-E-90'-E-100'DavisFarm 74.74 375 Robert W. & Harriet 89.69 Runde 5-36'-E-170'-374 Davis Farm 59.79 Jerome J. & Anita Meyer N -24'-E-170'374 Davis Farm 89.69 Jerome J. & Anita Meyer S -36'-E-170'-373 Davis Farm Kenneth L. & Margaret 59.79 Ziegenfuss N -24'-E-170'-373 Davis Farm David J. & Mary V. 87.20 Ostrander 2-1-372 Davis Farm David J. & Mary V. 62 27 Ostrander 1-1-372 Davis Farm David J. & Mary V. 149.48 Ostrander E -86'6"-E-170'-371 Davis Farm Frank W. Thumser a/k/a 149.48 Frank William Thumser E -85'-E-170'-370 Davis Farm 74.74 Margaret Boll SI/3-E-90'6"-E-170- Davis Farm 369 Wm. R. & Mane Eftie N'n-E-90'6"•E-170'- 74.74 Billington 369 James L. & Shirley A. 149.48 Chapman E-170'-368 Davis Farm 149.48 Mabel E. Dalbkermeyer E-170'-367 Davis Farm 76 Regular Session, February 7, 1977 Louise Schroeder N-50'-223 Glendale Add. 133.46 Ronald J. Sr. & Norma J. Francois 5-1.5'-223 Glendale Add. 4.00 Ronald J. Sr. & Norma J. Francois N-48'9"-224 Glendale Add 130.12 .fames L. & Anna Mae T. Lewis 5.1.5'-224 Glendale Add. 4.00 James I-_ & Anna Mae T. Lewis N-23'7"-225 Glendale Add 62.94 Benjamin R. & Margaret B. Atchison S-26'5"-225 Glendale Add. 70.07 William B. & Shirley A. Montelius N17-226 Glendale Add. 66.73 Louis F. & Catherine Noel S'h-226 Glendale Add 66.73 Robert W. & Charolette L. McMullin N14-227 Glendale Add, 66.73 William R. Jr. & Janet Mae Winter S'z-227 Glendale Add. 66.73 Clarence A. & Eileen Breitbach W -228 Glendale Add. 66.73 Joseph A. & Georgia S. Baxter Siii-228 Glendale Add. 66.73 Lawrence A. & Anne H. Blondin W/2-229 Glendale Add. 66.73 Robert & Elizabeth Meyer SI/2-229 Glendale Add 66.73 Emma Dodge NI/2-230 Glendale Add. 66.73 Russell & Margt. Lewis SIh-230 Glendale Add. 66.73 Earl S. Bemis NI/2-231 Glendale Add. 66.73 Helen M. Vorwald SIh-231 Glendale Add. 66.73 Russell G., Nelda E., Rev. J.L. & John M. Kissling NI/2-232 Glendale Add. 66.73 Lester & Celestine Butler SIh-232 Glendale Add. 66.73 Harriet Ziereis 233 Glendale Add. 133.46 David W. & Mary E. Wright 234 Glendale Add. 133.46 Iowa Oil Company S -34'3" -E -90'- E-170'-366 Davis Farm 85.33 Howard J. & Dorothy A. Meyer N -25'7" -E -90'- E-170'-366 Davis Farm 6371 Howard J. & Dorothy A. Mever E -90' -S -9-8"-E- 170.365 Davis Farm 24.42 Marie K. & Merl Adams E -90' -N -50'2"-E- 170-365 Davis Farm 125.05 Keith Steuer E-170-364 Davis Farm 149.48 Julien Improvement Co. cont: Albert A. & Carol M. Miller E -85'-E-170.363 Davis Farm 149.48 Lester R. & Rosemary A. Riesing 1-E-170-362 Davis Farm 74.74 Ronald J. & Deanna Mae Kelley 2-E-170'-362 Davis Farm 74.74 Robert H. & Helen A. Niday E-170-361 Davis Farm 149.48 Charles W. Rusch E-170'-360 Davis Farm 149.48 Clarence P. Grutz E -90'-5.28'-E- 170-359 Davis Farm 69.75 Gerald L. Flores E -90' -N -32'-E- 170'359 Davis Farm 79.73 Eldon L. & Mildred Schromen E -90' -E -170'-S- 40'-358 Davis Farm 99.64 Arthur W. Jungblut E -100'-N-20'-358 Davis Farm 49.83 Arthur W. Jungblut S -25'-E-100'-357 Davis Farm 62.27 Frances J. Loanjers cont: Eleanor Slattery N -35'-E-100'-357 Davis Farm 87.20 Norbert & Doris J. Tigges cont: Robert W & Pa- tricia G. Revelle Iso Glendale Add. 133.46 I Regular Session, February 7, 1977 77 Gerald Kirton N'i-151 Glendale Add 66.73 Roger & Alice Barth und. 14 int. & Earl & Dorothy Gottschalk und. '7 int. cont: John H. & Diana L. Miller S'5-151 Glendale Add 66.73 Dorothy Mary & Howard Wm Buelow NI/s-152 Glendale Add 66.73 Arthur E. Smith & Marie S%-152 Glendale .odd 6673 E. Mangeng Joseph C. & Stella A 153 Glendale Add 133.46 Schueller Jacob Nauman N14-154 Glendale Add. 66.73 Geo. & Anna Pemsl S'9-154 Glendale Add 6673 David G. & Linda J Pemsl 155 Glendale Add 133.46 Kenneth M. & Elda Mae NIA -156 Glendale Add. 66.73 Droullard Rose Mane Habel S'4-156 Glendale Add. 66.73 Donald J. & Rosemary L. N'7 157 Glendale Add. 66.73 Kieffer V. G. & Ruth L Miller cont: James W. & Beverly J. Maus S'4-157 Glendale Add. 66.73 Clara L. Hughes NI -b-158 Glendale Add. 66.73 66.73 Marcella M. Gasper S'ri-158 Glendale Add. 133.46 Clara Markey 159 Glendale Add 66.73 Minnie Ried1 NIi-160 Glendale Add. 66.73 Clem Kraver S1,2460 Glendale .Add Louis A. & Carol J. Ring cont William J. 161 Glendale Add . 13346 McDermott Paul Trauts Sub. 99.64 Roeland T. Moritz 1 2 Paul Trauts Sub. 99.64 Roeland T. Moritz Paul Trauts Sub. 99.64 Elmer A. Wehrspann 3 John J. & Opal M. Eimer cont: Thomas W & Do- E-170.354 Davis Farm Add. 14848 rothv Hopper John J. & Opal M. Eimer cont: Thomas W. & Do- I Davis Farm Add. 77.22 rothv Hopper Pt. -E-170'-353 John J. & Opal M. Eimer cont: Thomas W & Do- Davis Farm Add. 72.26 rothy Hopper 2-E-170'-353 Wilbert J. & Tonieta Revelle E -85'.E•170'-352 Davis Farm Add. 1;9;8 Wilbert J. & Tonieta Davis Farm Add. 149.48 Revelle E -85'-E•170'•351 Edmund & Anita Auderer I cont. Alice M. Voels E-85'-S'a•E-170' Davis Farm Add. 74.74 Harold J. & Anna M. Ernst 350 E'h N'6 -E• 170'-35tDavis Farm Add. 74 74 Wilbert J & Tonieta Revelle S'h-E-170'-349 Davis Farm Add 74.74 1 Nellie L. Link E-85'-N'h-E-170' Davis Farm Add 74 74 349 Nellie L. Link 5 -20' -E -85'-E- Add. 49 ,83 170'-348 Davis Farm Earl J. Heitz N -40'•E -85'-E- 99.64 170'-348 Daws Farm Add. Earl J. Heitz 5.10' -E -85'-E- Farm Add. 24.90 170'-347 Davis Leonard J. & Mildred J. Schroeder N -50' -E -85'-E- Davis Farm Add. 1'14.57 170'-347 Lot 10 of Mineral Lot 322 66.73 Roy J. & Viola C. Pfe.iler N'2-7; John N. & Jeanette D.66.73 Lot 10 of Mineral Lot 322 Fondell S1,244 Leo N. & Pauline C. Lot 10 of Mineral Lot 322 133.46 Hin 75 Lot 10 of Mineral Lut 322 133.46 Lillian Smyth Smyth 76 78 Regular Session, February 7. 1977 Rosella M. Foht 77 Glendale Add. 133.46 David J. & Jeannette M. Elgin 78 Glendale Add. 133.46 Larry M. & Loretta S. Walters 79 Glendale Add. 133.46 Clarence H. & Bernice M. Schuckert 80 Glendale Add 133.46 Remi Gansemer 81 Glendale Add. 133.46 Donald A & Patricia A. Freiberger 82 Glendale Add. 133.46 Marion K. & Eileen H. White 83 Glendale Acid. 133.46 Carl J. & Marjorie Tuthill 84 Glendale Add. 133.46 Donita L. & Michael J. Skahill 85 Glendale Add. 133.46 Robert O. Bradfield E -85'-E-170'-346 Davis Farm Add. 149.48 Clifford L. & Mildred Muntz cont: James D. & Rosalie E. Schaffer 2-E-170'-345 Davis Farm Add, 59.79 Robert L. & Carol S. Nesteby 1-E-170'-345 Davis Farm Add. 89.69 Leroy E. & Freda Foell und. % int. and Helen Schueller und. % int. E-170'-344 Davis Farm Add. 149.48 George A. & Sharon K. Frommelt 545'-E-170'-343 Davis Farm Add 112.11 Ernest A. Jr. & Linda L. Pfeiffer N -15'-E-170'-343 Davis Farm Add. 37.37 Ernest A. Jr. & Linda L. Pfeiffer 5-10'-E-170'-342 Davis Farm Add, 24.90 Ernestine Klein 5.25' -N -50'-E- 170'-342 Davis Farm Add. 62.27 Hilda A. Welchert N -25' -N -50'-E- 170'-342 Davis Farm Add. 62.27 Ruth C. Eisbach 1-1 Leo Eisbach Place 274.02 Lorraine M. Hohmann I -S'/2 -E-170'-339 N -10'-E-170'340 Davis Farm Add. 99.64 Leo L. Jr. & Genevieve Hartmann Wi-E-170'-339 Davis Farm Add. 74.74 Clarence J. Schueller E -90'-E-170'-338 Davis Farm Add. 149.48 Florence F. Herburger cont: Duane C. Koeller 1-E-170'-337 Davis Farm Add. 141.15 Vincent C. Miller cont: Leon W. & Bonnie M. Keil 1.2-E-170'-339 Davis Farm Add. 8.30 Herbert A. & Ruth F. Woller I Glendale Add. 133.46 Herbert A. & Ruth F. Woller 2 Glendale Add. 133.46 Robert R. & Mary E. Burke 3 Glendale Add. 133.46 Paul H. & Edna C. Hirsch 4 Glendale Add. 133.46 Bernice C. Haupert 5 Glendale Add 133.46 Mabel Essman 6 Glendale Add. 133.46 Gilbert L. & Marlene M. Nadermann 7 Glendale Add. 133.46 Carl E. & Olive M. Heim 8 Glendale. Add. 133.46 George & Anna M. Pemsl cont: Robert C. & Donna J. Andresen 9 Glendale Add, 133.46 Gary, R. & Shirley A. Jameson 10 Glendale Add. 133,46 Elizabeth M. & Delbert M. Linden 11 Glendale Add 133.46 Ruth L. Tharp cont: Walter D. & Janet A. Schickel N -'l6'-12 Glendale Add. 6940 Richard P. Kennedv 5-24'-12 Glendale Add. 64.06 Alfred A. & Germaine Auderer 2.2-E-170'-334. Regular Session, February 7, 1977 79 335 & 336 Davis Farm Add. 205.64 Ray H. & Carrol D. Noggles 1-2-E-170'-334. 335 & 336 Davis Farm Add. 205.64 John A. & Harriet E. Matous 1-E-170'-336 Davis Farm Add. 12.39 K. E. & Marcella Noonan 1-E-170'-335 Davis Farm Add. 12.39 Mildred P. & Harold J. Rieselman 1-E-170'-334 Davis Farm Add. 12.39 Roy M. & Lena M. i O'Hearn cont: Robert J. & Ruth Trowbridge E -85'-E-170'-333 Davis Farm Add. 149.48 Arthur A. & Emma L. Bast E-170'-332 Davis Farm Add. 149.48 Richard R. & Eulalia Unsen E -85'-E-170'331 Davis Farm Add. 149.48 Arnold J. & Marian F. Gartner SE'4-E-170'-330 Davis Farm Add. 74.74 Clara Kuble NW'n-E-170'-330 Davis Farm Add. 74.74 Anthony & Eileen Grutz E-170'329 Davis Farm Add. 149.48 Pearl Klein S',4 -E-170'-328 Davis Farm Add. 74.74 Urban G. & Elda Uthe N'i-E-170'-328 Davis Farm Add. 74.74 Eldora Ehlinger E -85'E-170'327 Davis Farm Add. 149.48 Robert J. & JoAnn M. McPoland S'h-E-170'326 Davis Farm Add. 74.74 Richard D. & Esther M. Rath N'h-E-170'-326 Davis Farm Add. 74.74 Robert G. & Loretta D. Steichen E-170'-325 Davis Farm Add. 149.48 j Mulgrew Oil Company 1 Davis Farm Add. Sub. of E. 170'-322, 323 & 324 126.28 Mulgrew Oil Company 2 Davis Farm Add. Sub. of 114.03 Gerald H. & Janet L. E. 170' 322.323&324 Stecklein 3 Davis Farm Add. 114.03 Lucille Meyer 4 Davis Farm Add. 114.03 Donald L. be Lois R. Knapp 9 Davis Farm Add. 12.31 Dubuque Stamping Mfg. Company 5 Mineral Lot 322 623.44 Theodore N. & Betty L. Stackis 2 Liebe's Sub. No. 2 133.46 Patrick K. & Carol M. Fenelon N%-1 Liebe's Sub. No. 2 133.46 Lary C. & Roberta J. Wolff SI/i- 1 Liebe's Sub. No. 2 133.46 Leon W. & Elaine F. Errthum M6.1 Liebe's Sub, No. 1 66.73 Joseph A. & Margt. Busch S112-1 Liebe's Sub. No. 1 66.73 Arlene K. Hurst NI/2-2 Liebe's Sub. No. 1 66.73 Rita Mae & Allen A. Lange S',2-2 Liebe's Sub. No. 1 66.73 Dubuque Storage & Trans. Company 1-7 Mineral Lot 322 1.209.89 Dubuque Packing 318 Company 2.7 Mineral Lot 322 Dubuque Storage & Trans. Co. 2.1-3.8 Mineral Lot 322 21.70 Dubuque Packing Company 1-1.3-8 Mineral Lot 322 304.45 Gerald C. & Joyce Kirchberg 1 Linehan Park Add. 193 38 Margaret Mary Kulander '2 Linehan Park Add. 84 00 Charlotte Stoffel 3 Linehan Park Add. 46.76 Leo J. & Edwina Gartner 4 Linehan Park Add. 28.00 Leo &Hazel Schmitt 10 Linehan Park Add. 184.98 Randall H. & Debra R. Oberfoell 11 Linehan Park Add. 72 60 Gertrude M. Weiner 12 Linehan Park Add. 42.76 Arno & Armella Kuhl 13 Linehan Park Add. 20.79 Leroy M. & Marion R. Hefei 18 Linehan Park Add. 184 98 Matthew R. & Mary E. 80 Regular Session, February 7, 1977 Ney 19 Linehan Park Add. 72.60 Joseph D. & Mary J. Korman 20 Linehan Park Add. 42.76 Clyde M. & Jeanett B. Plowman 21 Linehan Park Add. 20.79 Leo A. Furlong d/b/a Overhead Door Company 26 Linehan Park Add. 184.98 Charles L. & Dorothy A. Kane 27 Linehan Park Add. 72.60 Lloyd & Rita Avenarius 28 Linehan Park Add. 42.76 Mary Jane Hirsch 29 Linehan Park Add. 20.79 Flexsteel Industries, Inc. 1 Great Western Sub. No. 1 1,646.98 $33,008.07 All of which is assessed in proportion to special benefits conferred. 3,390 sq. yd. Removal of pavement Co, $ 1.00 $ 3,390.00 27,682 sq. yd. Removal of asphalt concrete surface Ca 0.95 26,297.00 2,081.68 ton Asph. treated base class 2, mixture size ii" @ 9.20 19,151.46 2,020.52 ton A.C. binder course type "A" mixture size V @ 9.85 19.902.12 2,673.17 ton A.C. surface course type "A" mix- ture size V @ 9.85 26.330.72 330.753 ton Asphalt cement, 85-100 pen. C 75.50 24,971.85 1,731 gal. Tack coat, RC -70 @ 0.45 778.95 82.34 ton Asph. cone. type "A" hand patch. ing @ 23.00 1,893.82 412.65 ton Asph. cont. type "A" leveling course @ 11.85 4.889.90 12.164 sta. Curb and gutter removal @ 150.00 1,824.60 1,157.7 lin. ft. P.C. concrete curb type "C" @ 5.50 6,367.35 508.31 sq. yd. P.C. concrete pavement removal @ 10.00 5,083.10 382.48 sq. yd. Class "A" P.C. cone. pavement, 10" thick @ 13.00 4.972.24 128.07 sq. yd. P.C. sidewalk removal @ 1.35 172.89 1,366.63 sq. ft. 4" P.C. concrete sidewalk @ 1.10 1,503.29 175.09 sq. ft. 6" P.C. concrete sidewalk @ 1.25 218.86 28 no. of Adjustment of fixtures, manholes C. 70.00 1,960.00 30 no. of Adjustment of fixtures water valve box @ 40.00 1,200.00 10 no. of Adjustment of fixtures, catch basin C6 70.00 700.00 21 no. of Manhole casting, ring and cover @ 140.00 2,940.00 22.48 square Sod @ 27.77 624.27 2no. of Removal of existing structures, catch basin @ 75.00 150.00 Lump Removal of existing structures, storm sewer pipe @ 100.00 100.00 3 no. of Catch basin, type 101 @ 500.00 1,500.00 105.7 Un. ft. 15" RCCP, 2,000 D @ 20.00 2,114.00 465.3 fin. ft. Conduit in trench, 1" G.S. @ 3.00 1,395.90 251.6 lin. ft. Conduit in trench, I'h" G.S. @ 4.71 1,185.04 113.8 lin. ft. Conduit in trench, 2" G.S. @ 5.19 590.62 74 Un. ft. Conduit in trench, 21h" Al @ 6.64 491.36 193 fin. ft. Electric cable a 14, AWG, 15-C in Gond. @ 1.00 193.00 243 Un. ft. Electric cable = 14 AWG, 12-C in cond. @ 0.60 145.80 1&5 lin. ft. Electric cable = 10 AWG, 3-C OF in 778.1 Un. ft. cond. @ Electric cable, sr 16 AWG, 2-C, 0,45 8.33 shielded in conduit @ 0.30 233.43 8 no. of Foundation, signal post, 20" dia. 48" 8 no. ofdeep @ 190.00 1,520.00 Traffic signal post installation @ 60.50 484.00 8 no. of Traffic signal head installation @ 55.00 440.00 4 no. of Magnetic detector installation Ca 225.00 900.00 Regular Session, February 7, 1977 81 2 no of Controller installation (post mount) @ 96.00 172.00 2 no of Service installation, traffic signal Co, 269.00 538.00 4 no. of Walk button and sign installation @ 57.00 229.00 2 no. of Removal, existing signal foundation @ 50.00 100.0A0 2 no of Removal, existing signal and standard @ 53.00 106.00 4 no. of Sign installation, 36"06" @ 25.00 100.00 275.6 tin. ft. Concrete or asphalt sawing @ 1.25 344.50 1 no. of Foundation. mastarm, 36" sq. x 6' deep @ 350.00 350.00 t no. of Mastarm post installation @ 175.00 175.00 2 no. of Sign installation. 30" x 36" @ 25.00 50.00 566.3 cu. yd. Excavation -Class 10 @ 2.35 1,330.81 368.15 ton Driveway surfacing material @ 5.00 1,840.75 Extra work -sanitary sewer repair at 32nd Street @ Lump 632.44 156 tin. ft. Loop detector @ 4.50 702.00 2 no. of 6" x 6" x 6" pull box C 65.00 130.00 Construction Cost ................... . Construction Cost $173,423.40 I Equipment Cost 14,244.25 Total $187,667.65 Less 70% FAUS Share $131,367.36 Less Citv Share - Signals Cost 25,232.22 Assessable Share $ 31,068.07 Engineering Expense $ 1,715.62 5% Interest -52 Days 224.38 Total Assessable Amount $33,008.07 Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt Citv Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mavor Stackis, Councilmen Brady, Pregler, Tullv, Wertzberger Nays - None. RESOLUTION NO. 34-77 Resolution providing for the Issuance of Street Improvement Bonds for the purpose of providing for the Payment of the Assessed Cost of: The Improvement and Recon- struction of Jackson Street from 22nd Street to Diamond Street. WHEREAS the contract heretofore entered into by the City of Dubuuque, Iowa, for the improvements hereinafter described has been completed and the Citv Manager has certified the comple- $173.423.40 tion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $33,008.07 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor: and WHEREAS public notice, as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose 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 Citv of Dubuque: 1. That to provide for the payment of the assessed cost of: The improvement and reconstruction of Jackson Street from 22nd Street to Diamond Street, there may be issued street improvement bonds in the amount of $33,000.00 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: series Bond No. No. Dsnominsuon Ysturtry I 1IAMID 00 oecember1. 978 1,00000 1. 977 z s-6.8 _ r :4 912 1,000.00 December I. 1979 4 13.15 1110000 Dccrmtx•r 1. 19811 5 1618 1000.00 December 1 1981 6 9.21 1.000.00 December 1. 1982 7 2221 1.00000 Ike ember I. 1983 8 25.27 100000 December 1. 19!11 9 28.30 1.00000 ne ember I, 1985 111 31 33 1 mx)1N) Deremtx•r I. 1986 82 Regular Session, February 7, 1977 3. Said bonds shall bear interest at it rate not to exceed seven per cent (7%) per annum, payable annually in accor- dance 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 assessment 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 Sleet 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 7th day of Fe- bruary, 1977, being Resolution No. 34-77. This Bond is one of a series of 33 bonds, all for $1,000.00 numbered from 1 through 33, and one for a........ numbered ........ all of like tenor and date, and issued for the purpose of: financing the deferred portion of the assessed cost of the improvements and reconstruction of Jackson Street from 22nd Street to Diamond Street, 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 Speclal Assessment Fund 1310 creat- ed 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, precedent to and in issuing this series of bonds, have been done, hap- pened, 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 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 7th day of Februarv. 1977. ............ I........ Mayor ......... 1........... 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 1310 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 7th day of February, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Application of Richard P. & Mildred L. Henschel requesting annexation of 27.414 acres in Table Mound Twp. de- scribed as Lot 2 of l; and Lot 2 of lot I of Iof1;and Lot IofIofloflofloflofl of I of 1; all in Henschel's Black Forest Subd., presented and read. Councilman Pregler moved that the application be referred to the Council Meeting of Regular Session, February 7, 1977 83 Feburary 21, 1977. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. A RESOLUTION approving exten- sion of tentorial limits of the City as petitioned for by Richard P. & Mildred L. Henschel, presented and read. Council- man Pregler moved that the resolution be referred to the Council Meeting of February 21, 1977. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 2, 1977 Honorable Mayor and Members of City Council The City of Dubuque through its Police Department participates on a regular basis in a training program funded in part by the Federal govern- ment, the State, and the City. At the present time five officers are in basic training, and the division of costs is as follows: Federal $1,296.72 State 77.80 City 66.28 1,440.80 The attached resolution authorizes the City to apply for the federal and state shares through the Northeast Iowa Area Crime Commission. Gent Wittenberg Assistant City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. MATCHING RESOLUTION No. 35-77 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 Amount of Funds of Project Being Provided Basic Lav, Enforcement $6b.28 Training Passed this 7th day of Feburary, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 2, 1977 To the Honorable Mayor and City Council We are pleased to submit the plans and specifications for the Terminal Street Force Main. This is the last of a series for improvements to the Wastewater Treatment Facilities dating back to 1973. The estimate for the im- provement is $1,590,500, which is being financed 55% by the Federal Environ- mental Protection Agency. 25% by the Iowa Department of Environmental Quality, and 20% by local funds. The project is an integral part of the total Phase Il program, and is included as a construction item in the consent order issued by the Department of En- vironmental Quality and signed by the City Council on May 25, 1972 and later amended on November 18, 1974. At this time we are asking that a public hearing be set for the project, and authorization to begin the forty-five day advertising period for the receipt of bids. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 36-77 Approval of Preliminary Estimate, in the amount of $1,590,500., for plans and specifications for construction of Wastewater Treatment Facilities COn- tract 1 Terminal Street Force Main, presented and read. Councilman Pregler moved adoption of the resolution. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. (Necessity for improvement) RESOLUTION NO. 37-77 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Regular Session, February 7, 1977 Dubuque, Iowa. and are now on file in the office of the City Clerk showing among other things the following: 1) The plan of such improvement 2) An estimate of the cost of the im- provement for the Terminal Street Force Main Wastewater Treatment Facilities Phase 11 Contract I 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. Siad 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 a Federal and State grant, and from the Sanitation Sewage Rental Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of February, 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler,'rully, Wertzberger. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 38-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its Preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the Terminal Street Force Main, Wastewater Treatment Facilities, Phase II Contract I. BE IT THEREFORE RESOLVED that on the 21st day of February 1977, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may 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 four (4) days nor more than twenty days prior to date of hearing and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. RESOLUTION NO. 39-77 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of Law relating to the sale of Cigarettes within the City of Dubuque. Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Gary L. Bleile, 113 Main Street Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Regular Session, February 7, 1977 85 RESOLUTION NO. 40-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT JFK Fast Foods, Inc.. (Also Sunday Sales). 2075 JFK Road. CLASS "C" BEER PERMIT Gary Leon Bleile, Main Street Beer Store, 113 Main Street Lucky Stores, Inc., Eagle Discount Supermarket 130, 1800 Elm St. Lucky Stores, Inc.. Eagle Discount Supermarket 144 3033 Asbury St. Lucky Stores, Inc. May's Durg Store 204, 3049 Asbury St. Passed, adopted and approved this 7th day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 41-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 Citv 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 JFK Fast Foods, In... (Also Sunday Sales), 2075 JFK Road. CLASS "C" BEER PERMIT Gary Leon Bleile. Main Street Beer Store, 113 Main St. Lucky Stores, Inc., Eagle Discount Supermarket 130, 18M Elm St. Lucky Stores, Inc., Eagle Discount Supermarket 144, 3033 Asbury St. Lucky Stores, Inc., May's Durg Store 204, 3049 Asbury St. Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 42-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RESOL- VEED by the City Council of the City of Dubuque, Iowa, tha t the following ap- plications be approved and licenses is- sued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session 64th General Assemblv. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Rita Clancy, 210 East 22nd St. Lorraine A. Fransen, (Also Sunday Sales), 1100 Lincoln Ave. Gerald C. Kirchberg, 3203 Jackson St. Beverly A. Larsen, (Also Sundav Sales), 1701 Central Ave. Passed, adopted and approved this 7th day of February. 1977. Emil Stackis Mayor Thomas A. Tully Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 43-77 WHEREAS, applications for Liquor Licenses were filed by the within named 86 Regular Session, February 7, 1977 applicants and they have received the approval of this Council; and WHEREAS, the premises to he 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 LIOUOR LICENSE Rita Clancy. 201 East 22nd St. Lorraine A. Fransen, (Also Sunday Sales), 1100 Lincoln Ave. Gerald C. Kirchberg, 3203 Jackson St. Beverly A. Larsen, (Also Sunday Sales), 1701 Central Ave. Passed, adopted and approved this 7th day of February, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 44-77 WHEREAS, the Dubuque Municipal Airport is undertaking a master plan study for said Municipal Airport; and WHEREAS, there is a proposed form of Agreement by and between the City of Dubuque, Iowa and the Department of Transportation of the State of Iowa relating to a grant offer to pay the state's share of the Master Plan Study for said airport; and WHEREAS, the Airport Commission of the City of Dubuque, Iowa has recommended that said agreement relating to said grant offer be approved; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the porposed agreement between the Department of Transportation of the State of Iowa and the City of Dubuque, Iowa relating to grant offer to pay the State's share of the Master Plan Study for the Dubuque Municipal Airport he and the same is hereby approved. Sectlon 2. That the Mayor and the Citv Clerk be and they are hereby auth- orized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa. Section 3. That a certified copy of this Resolution be attached to said grant agreement, after execution, for trans- mittal to the Department of Transpor- tation of the State of Iowa. Passed, approved and adopted this 7th day of February, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Wertzberger moved that Sol Tabak, David Loney and Eric Mel - son be reappointed to the Dubuque Human Rights Commission for a three ,year term expiring 1.1.80. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. Communication of Walter A. Pregler submitting his resignation from the Dubuque Community Development Commission, presented and read. Councilman Tully moved that the com- munication be received and filed and resignation accepted with regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Abstain — Councilman Pregler. Communication of City Manager submitting budget recommendation for fiscal ,year July 1, 1977 - June 30, 1978; also an estimate for second year. July 1, 1978 - June 30, 1979, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Regular Session, F Councilman Wertzberger moved that the trip to Waterloo by Randall Nigg on the behalf of the Civic Center Commit- tee be approved. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilme Brady. Pregler, Tully, Wertzberger. Nays — None. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote- Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt Councilmen City Clerk Approved July 18, 1977 Adopted July 18, 1977 1977 Special Session, February 21, 1977 CITY COUNCIL OFFICIAL Special Session, February 21, 1977. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mavor Stackis 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 T'HE RESOLUTION OF NECESSITY FOR CONSTRUCTION OF TERMINAL STREET FORCE MAIN WASTEWATER TREATMENT FACILI- TIES and acting upon such other busi- ness as may properly come before a Regular Meeting of the Council. The following proclamations were read and approved and signed by Mayor Stackis: Proclaiming March 17, 1977 as "Minority Day"; Week of February 17th as "Freedom Week"; Week of February 22 to 28th as "National Engineers Week"; Week of March 6th thru March 12th as "Girl Scout Week"; and Week of March 13 thru 20 as "Jaycee Jelly Week". Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of January 25, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Playground & Recreation Commission submitting minutes of their meeting of January 31, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meeting of January 19, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, TVIly, Wertzberger. Nays — None. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of January 27, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Planning & Zon. ing Commission submitting minutes of their meeting of February 2, 1977, pre- sented and read. Councilman Tully moved that them inutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of January 27, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Communication of Community Development Commission submitting minutes of their meeting of January 25, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays -None. Communication of Dubuque Art Ass'n. indicating they would be honored to serve as permanent custodians of the 1976 Series of Bicentennial Frank Lic- ciardi paintings, presented and read. Councilman Wertzberger 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Paul Russo spoke to Council relative to communication. Councilman Wertzberger moved that the communication of Dubuque Art Ass'n. be received and filed and referred to City Solicitor, Five Flags Committee and City Manager. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. issu- ing operation permit for Wastewater Treatment Plant; Construction permit Special Session, February 21, 1977 89 for water main extension -Hansel Indus- trial Park: Construction permit for san- itary sewer extension for Hansel Indus- trial Park, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. ack- nowledging Wastewater Treatment Facility Progress Report, presented and read. 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. February_ 15, 1977 Honorable Mayor and Members of the City Council We have approved the following bonds and policies for filing and desire to have your approval of same. IOWA OFFICIAL BOND R.N. Russo, Western Surety Company, Bond No. 5122316 $1.000. 3-1-77 to 3-1-78. GENERAL LIABILTY POLICY Dubuque Plumbing & Heating Co. Policy No. MP 535004 from 2-1-77 to 2-1-78. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. February 15, 1977 Honorable Mayor and City Council I am returning to you the petition of Sinclair Marketing, Inc, requesting the vacation of Terminal Street. 1 recommend that the petition be denied since that section of Terminal Street which is indicated to be vacated is in use by vehicular traffic. Gilbert D. Chavenelle City Manager Councilman Tully moved that the recommendation be approved and referred to the Dock Commission for negotiation at time of Sinclair's lease. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 11, 1977 Honorable Mayor and Members of the City Council Re: Conditional Use Permit In compliance with the provisions of Article V1, Section 6-106.6 Ordinance 32-75, known as the Zoning Ordinance of the City of Dubuque. Iowa you are hereby notified that a conditional use permit was granted on January 20,1977, under the provisions of Article IV, Sec- tion 104.4 of said Ordinance, to Hillcrest Familv Services to operate a group home at 561 Jefferson Street. Richard J. Feyen Building Commissioner 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. February 16, 1977 Honorable Mayor and City Council 1 am returning to you the petition of Roger Dolan requesting the extension of an alley which runs between North Algona and Auburn. The Public Works Director has reviewed the proposal and it is recom- mended that the petition be granted. Gilbert D. Chavenelle City Manager Councilman Tully moved that the recommendation be approved. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. February 16, 1977 Honorable Mayor and City Council At your direction we have met with Mr. Peter Takos in connection with the contents on the attached letter. This is to advise that we have been unable to arrive at a satisfactory arran- gement in connection with the 4th Street location. Mr. Miller has indicated through Mr. Takos that they wish to purchase the property outright or enter into a lease arrangement of not less than 50 years. It is our opinion that due to the uncertainty of the future development of the total 4th Street area that the land in question not be sold. it was indicated however to Mr. Takos that a five year 90 Special Session, February 21, 1977 lease arrangement would be recom- mended to the City Council. The other matter under discussion concerns the location of a sanitary sewer on premises owned by Mr. Miller on Southern Avenue. Upon advice of the City Attorney, we have advised Mr. Takos that the city has no liability in this matter. We anticipate that Mr. Miller will be present at the Feburary 21 Council meeting. Gilbert D. Chavenelle City Manager Peter J. Takos Sr., addressed the Council relative to the communication, requesting to examine City policy in handling industry; Without Mr. Miller's business, Celotex would stop; Suggest- ed 5 year lease is not adequate; Original intent was to buy; this industry supports 250 jobs. Councilman Pregler moved that the communication of City Manager be referred back to Staff, Vacate alley - 5 year option on Market Square to either buy or renew. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 16, 1977 Honorable Mayor and City Council The Office or Revenue Sharing requires the recipient governmental unit receiving revenue sharing funds to submit semi-annual reports identifying how revenue sharing funds were expended. The attached report covers the period of July 1, 1976 through December 31, 1976. This report must be published in the local newspaper for the benefit of the citizens of the community. You are hereby requested to author- ize the City Manager to sign this report and to authorize its publication. After publication the report will be forwarded to the Office of Revenue Sharing. Gilbert D. Chavenelle City Manager Councilman Tully moved that the authorization be approved and report be Published. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 21, 1977 Honorable Mayor and Members of the City Council The regulations governing General Revenue Sharing funds require the recipient government to hold a public hearing on how such funds are to be used in relation to its entire budget before the budget is finally approved. The attached notice contains the ap- propriate language to conform with the Federal requirements and will be pub- lished on February 25, as set forth in the Budget Calendar Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and publication be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of N.E. Iowa Crime Commission submitting a matching fund schedule computed on a percen- tage of population basis for communi- ties desiring to contribute matching funds to the Commissions matching fund schedule, presented and read. Councilman Tully moved that the com- munication be referred to Council for consideration. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. February 16, 1977 Homorable Mayor and Citv Councilmen On July 12, 1973, Susan Radabaugh commenced an action against the City of Dubuque, Iowa claiming damages in the amount of $15,000.00 by reason of personal injuries allegedly suffered in traveling a street on which barricades had been improperly installed and on which a retaining wall had collapsed and other specifications of negligence. Said action was docketed as Law No. 39941 in the District Court of Dubuque County, Iowa, and said matter was referred to the City Attorney for defense; and thereafter the City of Dubuque brought cross -petition against William Becker & Sons Stone Company alleging that said contractor was on the job site and that they had failed to adequately protect the job site by in- stallation of appropriate barricades; and thereafter said William Becker & Sons brought in other defendants claiming that said barricades had been wrongful- ly removed. The matter went to hearing before a jury, and the jury awarded the plaintiff the sum of $7,500.00 as damages. Special Session, February 21, 1977 91 That thereafter, while matters remained to be adjudicated between the City and the other cross -defendants. an officer of settlement was made in the amount of $7,0(10.00, the other defen- dants making up the $6,000.(x) and the City contributing the total sum of $1,000.00 thereto. Said offer of sett- lement should be approved and the City Attorney's office so recommends and requests that the City Auditor be in- structed to draw a warrant payable to Susan Radabaugh in the amount of $1,0(10.0(1 together with a warrant paya- ble to the Clerk of the District Court of Dubuque County, Iowa in the amount of $46.50 representing the City's one- fourth share of the total costs of $156.40, and that the same he transmitted through the City Attorney for delivery to the plaintiff upon filing of dismissals with prejudice and securing releases from the appropriate cross-defendants. Copy of original notice together with petition attached is returned herewith. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Februarv_ 2, 1977 Honorable Mayor and City Council Richard M. Beecher of 3779 W. 9th Street, Waterloo, Iowa filed claim against the City of Dubuque on Sep- tember 3, 1976, claiming damages to his motor vehicle in the approximate amount of $310.32 and alleging said damages occurred on April 25, 1976 as the result of striking a traffic sign at the Frontage Road and Devon Drive inter- section, which sign claimant alleges was improperly maintained. This matter was referred to the ap- propriate City Agency who has made an investigation thereof and has made written report to this office that said matter has been amicably disposed of. In view of the foregoing, it is the recommendation of the Citv Attorney that the claim of Richard M. Beecher 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Karl P. Ricketts, in the amount of $49.14, for car damage incurred as the result of driving into an excavation on Kerper Blvd. on January 20, 1977, presented and read. Council- man Tully moved that the notice of claim he referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis,_ Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Mr. Ray Dearborn, in an undetermined amount, for per- sonal injuries received in a fall on an icy crosswalk near City Mission on Fe- bruary 5, 1977, 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 Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Notice of Claim of Ambrose Blake, in an undetermined amount, for car damage incurred as the result of his car being driven into by the City Book- mobile at 350 W. 11th Street on January 4, 1977, presented and read. Councilman Tully moved that the notice of claim be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Mrs. Elizabeth Maas, in an undetermined amount, for personal injuries received 8 197711 on Hillcrest Road on February pre- sented and read. Councilman Tully moved that the notice of claim be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Economy Fire & Casualty Co., in an unmentioned amount, as a subrogation interest in- volving an accident between Jeffrey J. Decker and their claimant Pamela Lightfoot on January 1, 1977, as a result 92 Special Session, February 21, 1977 of Decker being pursued by a police car. presented and read. Councilman Tully moved that the notice of claim be referred to the City Attorney for inves- tigation and report. Seconded bv Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Mrs. Ellen La. keman, in an undetermined amount, for damage incurred to her home as the result of a broken water main at 992 Cleveland on February 14. 1977, pre- sented and read. Councilman Tully moved that the notice of claim be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Janaan M. Kieffer, in an undetermined amount, for per- sonal injuries received in a fall on an icy sidewalk on College Street on February 13, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 7-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED 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 EASTWARDLY FOR A DIS- TANCE OF 165 FEET, presented and read. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Navy — None. ORDINANCE NO. 7-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED 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 EASTWARDLY FOR A DIS- TANCE OF 165 FEET NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 33-49 known us the "Traffic Code of Dubuque, Iowa" as amended be and the some is hereby amended by adding a new Sub- section 113 to Schedule V1 thereof as follows: "SCHEDULE VI. 113. South side of Wooten Street from Ifill Street to McClain Street and the north side from McClain Street eastwardly for a distance of 165 feet." Passed, approved and adopted this Ast day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Iferald Newspaper this 24th day of Fe- bruary, 1977. Leo F. Frommelt City Clerk It2:24 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 8-77 AN ORDINANCE CREATING AND ES- TABLISHING THE DUBUQUE CABLE TV COMMISSION, DESCRIBING THE PURPOSES, FUNDING AND MAKEUP THEREOF, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- Special Session, February 21, 1977 93 ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. ORDINANCE NO. 8-77 AN ORDINANCE CREATING AND ES- TABLISHING THE DU13000E CABLE TV COMMISSION, DESCRIBING THE PURPOSES, FUNDING AND MAKEUP THEREOF. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 14 PURPOSES OF THE COMMISSION. There is hereby created and established the Dubuque Cable TV Commission. The purpose of the Com- mission shall be as follows: a. To advise the Council of satisfac- tory performance and programming of TV -FM Cable for every subscriber with rates and policies which are fair to both the subscriber and the Cable Company; b. To develop community access pro- gramming through the use of, but not limited to, the community access pro- gramming funds collected under the terms of the franchise agreement or any other agreement between the City of Dubuque and the provider of Cable TV services; c. To act as trustee for the funds referred to in subparagraph (b); d. To act as an official body to receive. process and report to the City Council upon complaints of subscribers to Cable TV services; e. To investigate, and compile infor- mation at the request of the City Coun- cil pertaining to Cable. TV services, and where appropriate, to engage profes- sional consultants for guidance and advice, and pay the cost thereof from community access funds only. Section 2. FUNDING. Communit3 access funds collected by the Commis sion shall be adminstered by the Com mission and may be expended for thi following purposes: S. To provide airtime, equipmen (purchased, rented or otherwise) ani materials for public acces Programming; b. To secure expert advice on th development and operation of cow munity access programming; c. To provide for the day to day oper- ation of the Commission, including, but not limited to, reimbursement for ex- penses incurred in carrying out the pur- poses of the Commission. The Commis- sion is authorized to expend all funds allocated to it for its operation. No Community Access funds so allocated shall be returned to the general fund. Section 3. MEMBERSHIP. Members of the Commission shall be appointed in the following manner: a. The Commission shall not exceed nine (9) Commissioners who shall each serve for a period of two (2) years from the date of their appointment. The Commissioners shall be appointed by the Mayor and approved by the City Council of the second regular meeting of the Council in January; b. The Commission shall elect a Chairperson. Secretary. and Treasurer from among its members at the first regular meeting of the Commission in February; c. The Commission shall meet once a month at a time and place agreed upon by its members; d. All action taken by the Commission shall be upon an affirmative vote of a majority of the total number of members of the Commission. Section 4. LIMITATION ON COM- MUNITY ACCESS. The Commission shall have the right to deny community access funds for any particular pur- poses. However, in no event shall access to the media be determined by the Commission. Access to the media shall be determined only by the media. Section S. ANNUAL REPORT. The Commission shall provide the City Council with an annual report to be submitted at the end of each year and to contain the following information: a. The report shall contain informa- tion on the income and expenditures of the Commission from the funds received from the Cable company f public access; b. The report shall contain a listing of complaints p handled shall contain the Progress C. The repo rams through -out the year of programs shown over the public access channel; d. The report shall list a summary of activities, commentary ons`` n s es and failures, and also sugge improvement. Passed, approved and adopted this 1 21st day of February, 1977. i Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady 94 Special Session, February 21, 1977 Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of Fe- bruary 1977. Leo F. Frommelt City Clerk It2:24 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Na_vs — None. February 9, 1977 The Honorable Mayor and City Council On December 17, 1976, a proposed ordinance was submitted to you for regulations, requirements and defini- tion of adult entertainment establish- ments. At the suggestion of the City Attornev, this matter was referred to him to consider in the Light of proposed pending legislation. It does not appear that the legislation of interest in this matter will be readily forthcoming; and in view of the direc- tions of City Council that they did not want to delay too long on the adoption of this ordinance, 1 am transmitting the same back to you for appropriate action. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Edna Dunn requesting speedy passage of Zoning Ordinance governing XXX theatres, massage parlors, adult book stores in accordance with that of Detroit, Mi- chigan, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mrs. Marting addressed the Council stating Committee on Decency trying to get a stronger enforcement area; They are in touch with legislatures in Des Moines; State laws must be changed first. 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, requirements and the definition of Adult Entertainment Establishments, presented and read. Councilman Bradv moved that the Or- dinance be referred back to the City Solicitor for review. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE fixing and estab- lishing the salary for the Mayor of the City of Dubuque, Iowa, presented and read. Councilman Tully moved that the Ordinance be referred to the City Solicitor for written comment. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE fixing and estab- lishing the salary for the members of the City Council of the City of Dubuque, Iowa, presented and read. Councilman Tully moved that the Ordinance be referred to the City Solicitor for written comment. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Warehouse Mar. ket requesting that the Ordinance simply require that if scanners are in- stalled, the price must be marked on each item when it reaches the check - stand rather than have the retailer do the price marking, presented and read. Councilman Wertzberger moved that the communication he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, TUlay. Wertzherger. Nays — None. ORDINANCE NO. 9.77 AN ORDINANCE TO REQUIRE THE DISCLOSURE BY RETAIL DISTRIBU- TORS OF RETAIL UNIT PRICES OF CONSUMER COMMODITIES AND TO PROVIDE PENALTY FOR VIOLATION HEREOF, presented and read. Councilman Pregler 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 — Mavor Stackis, Councilmen Brady, Pregler, Tullv. Special Session, February 21, 1977 95 Nays — Councilman Wertzberger. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully. Nays — Councilman Wertzberger. ORDINANCE NO. 9-77 AN ORDINANCE TO REOUIRE THE DISCLOSURE BY RETAIL DISTRIBU- TORS OF RETAIL UNIT PRICES OF CONSUMER COMMODITIES AND TO PROVIDE PENALTY FOR VIOLATION HEREOF. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, lows. Section 1 DEFINITIONS. As Used in this ordinance: (1) "Director" means the market master of the City of Dubuque, Iowa. (2) "Consumer commodity" means any food, drug, device or cosmetic and other article, product or commodity of any other kind or class, except for drugs sold only by prescription: (a) Which are customarily produced for sale to retail sales agencies of in- strumentalities for consumption by individuals, for use by individuals for purposes of personal care or in the performance of services ordin- arily rendered in or around the household, and (b) which usually are consumed or expended in the course of such consumption or use, (3) "Total price" of a consumer com- modity means the full purchase price of a consumer commodity without regard to units of weight, measure or count, (4) "Computerized system" means any device which records and registers and totals coded price information for the purpose of determining the total amount of consumer purchases. Section 2. CONSUMER INFORMA- TION REQUIRED. Every person, firm. corporation or association who sells, offers for sale, or exposes for sale at retail any aluminum foil, bread, car- bonated soft drinks, cereals, cooking oils, dog or cat food, facial tissues, fish, fowl, fruits, grains, meats, napkins, Plastic food wrapping, vegetubles, waxed paper or other consumer com- modity designated by the director, and who utilizes a computerized system for checkout, shall stamp or affix on each commodity the total price of such com- modity in arubw nonu,uls Section 3. DIRECTOR'S POWERS. The provisions of this ordinance shall be enforced by the director who shall be charged with the responsibility to report any pattern of noncompliance to the City Attorney who shall cause appro- priate proceedings to be instituted in the proper courts. Section 4. PENALTIES. Any person, firm or corporation who violates the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine or not more than $100.00 or by imprisonment for a term not exceeding thirty (30) days, Passed, approved and adopted this 21st day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of Fe- bruary, 1977. Leo F. Frommelt City Clerk 1(2:24 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully. Nays — Councilman Wertzberger. February 15, 1977 To the Honorable Mayor and City Council In regard to the Dubuque Yacht Ba- sin's request to install a sign on the Kerper median strip. I would advise that the petition, as submitted, be denied. 1 would suggest as an alternate loca- tion for the sign, the northeast corner of 16th and Kerper, on the Kerper Boulevard right-of-way. The sign should be limited to the following: DUBUQUE YACHT BASIN SPORTS MART The size of the sign should be ap- proximately Y x 2' and should be double faced for visibility from the north and south approaches. I have contacted Mr. Shanley of the Yacht Basin on this alternate, and he is agreeable to such a location. I would therefore recommend that the ordinance granting him permission to erect the sign be approved as outlined herein. Michael A. Koch City Engineer 96 Special Session, February 21, 1977 Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. ORDINANCE NO. 10-77 AN ORDINANCE AUTHORIZING DUBUQUE YACHT BASIN, INC. TO CONSTRUCT A SIGN, presented and read. Councilman Brach moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tullv, Wertzberger. Nays — None ORDINANCE NO. 10.77 AN ORDINANCE AUTHORIZING DUBUQUE YACHT BASIN, INC. TO CONSTRUCT A SIGN NOW THEREFORE BE IT ORDAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That D.P. Shanley, C.A. Hemmer, W. G. Bunch as owners of the premises known as Dubuque Yacht Ba- sin, Inc. in the City of Dubuque, Iowa be and they are hereby grunted the revocable permit and uuthority to con- struct and maintain u sign under the terms and conditions set forth in this Ordinunce. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by City Manager, under the supervision and direction of the City Manager, and in uccordance with all upplicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mittees agreement to: (e) Assume any and all liability for dumuges to persons or property which may result from the exis- tence, locution, instullution, con. struction or maintenance of said sign; (b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque Shull become obligated to pay by reason of the liability im- posed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign, sustained by any person or persons, caused by accident or otherwise, to defend at its own ex- pense and on behalf of said City any claim against the City of Dubuque arising out of the loca- tion, installation, existence, con- struction or maintenance of the sign and to pay reasonable attor- ney fees therefor; (c) To indemnify and hold City of Dubuque free and harmless from any and all claims, loss, liability and expense 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 con- nection with the location, installa. tion, construction, maintenance and repair of the facility, 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 sign, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said sign, at permittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said sign. Section S. Permittees covenant and ugree that the revocable permit herein granted does not constitute an approval of the design, erection, location, con- struction, repair or maintenance of said facility and said permit fee 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. Section 6. This Ordinunce shall become effective and the rights her- eunder accrue to Dubuque Yacht Basin, Inc. when this Ordinance has been Special Session, February 21, 1977 97 adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. passed, approved and adopted this 210 day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen A TTF. ST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 10-77 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 10-77 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 February 21, 1977 By: :s: Donald P. Shanley President or Vice -President or Property Owner By: :s: Charles A. Hemmer Secretary or other Officer Published officially in the Telegraph Herald Newspaper this 24th day of Fe- bruary, 1977. Leo F. Frommelt City Clerk It2124 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque County Committee for Handicapped Persons Inc. - Parking Committee submitting references for background information for proposed Ordinance for specially designated parking recently submitted, presented and read. Councilman Tully moved that the communication be referred to the Traffic Department and 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. Communication of Dubuque County Committee for Handicapped Persons submitting a proposed Ordinance es- tablishing specially designated places for the Handicapped in the City of Dubuque, presented and read. Council- man Tully moved that the communica- tion be referred to the Traffic Depart- ment and 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. Communication of Dubuque County Committee for Handicapped Persons Inc., requesting an addition to the proposed Ordinance "To those persons confined to a wheelchair or is otherwise so physically handicapped that he or she has significant difficulty or insecurity in walking", presented and read. Council- nan Tullv moved that the communica- tion be referred to the Traffic Depart- ment and City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Council Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Dubuque Ambassadors requesting endorsement to submit an entry in 1977 in the Iowa Community Betterment competition, presented and read. Councilman Tully moved that the communication be received and filed and request granted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Chicago, Milwaukee, St. Paul and Pacific Railroad Company requesting a quit -claim deed to a por- tion of the railroad depot property; rail- road's use of the property was author- ized by a City Ordinance passed March 23, 1881, presented and read. Council- man Tully moved that the petition be referred to the City Attorney. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Colts Drum & Bugle Corps requesting the Colts be designated as Dubuque's Municipal Marching Unit, presented and read. Councilman Brady moved that the petition be referred to Council for study and also referred to City Manager, Staff, and City Solicitor for opinion. Seconded by Councilman Wertzberger. Carried by the following vote: Year, — Mayor Stackis, Councilmen 98 Special Session, February 21, 1977 Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Douglas J. Heinen requesting a refund of $25• on the unex- pired portion of Cigarette License No. 1015, discontinued business on January 23, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Merlin F. Heiar requesting a refund of $633.75 on unexpired portion of Beer -Liquor License No. C-6616, dis- continued business on January 13, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Theodore Bartman requesting a refund in the amount of $211.25 on the unexpired portion of Beer -Liquor License No. C-8224, discontin- ued business on January 4, 1977, pre- sented 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, on a proposed resolution designating structures on City Lot 610 as historically and architecturally sig- nificant, presented and read. No written objections were filed and no oral objec- tors were presented in the Council Chambers at the time set for the hear- ing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque County Historical Society indicating that the Heitzman Building at 391 Bluff Street is of sufficient historical and architectural import, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. RESOLUTION NO. 45-77 A Resolution Designating Structures on herein after described Property as Historically and Archh9cturally Significant, pursuant the Requir- ements of Ordinance 1-77 WHEREAS, Ordinance 1-77 has amended Ordinance 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa" to provide for issuance of Conditional Use Permits for limited commercial activi- ties in structures which have been de- signated as historically and:or architec- turally significant: and WHEREAS, said Ordinance 1-77 pre- scribes that designation of areas of his- torical and architectural significance shall be made in consultation with the State Historic Preservation Officer; and WHEREAS, the Dubuque County Historical Society has endorsed the concept of a proposed restoration in the area of properties herein and after described; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa Section 1. That structures now ex- isting on property herein after de- scribed are historically and architectur- ally significant and shall hereafter be included within the designated histor- ical district established by Resolution 267-73, wit: Lot 1 of City Lot 610 in the City of Dubuque, Iowa. Section 2. That the structure on said described property shall be eligible for such conditional use permits as may be authorized by the Board of Zoning Ad- justment for use of those premises. Passed, adopted and approved this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to Pub- Special Session. February 21, 1977 99 lisher, of Notice of Hearing on Resolu- tion of Necessity for construction of Terminal Street Force Main Wastewater Treatment Facilities, 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 Pregler moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Nwesslty for Improvement) RESOLUTION NO. 37-77 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: (1)The plan of such improvement (2) An estimate of the cost of the improvement for the Terminal Street Force Main Wastewater Treatment Facilities Phase 11 Contract 1 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 rile 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 a Federal and State grant, and from the Sanitation Sewage Rental Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of February,1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally Passed and adopted, as proposed, by the City Council this 21st day of February 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 final adop- tion of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Decision of Council upon objections to plans. specifications, form of contract and cost of improvements RESOLUTION NO. 46-77 WHEREAS, proposed plans and specifications and form of contract for the Terminal Street Force Main Wastewater Treatment Facilities Phase 11, Contract I have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa, 1975, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 21st day of February, 1977; and WHEREAS. the City Council met in special session this 21st day of February, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed Plans, specifications or contract for or cost of the improvement herein 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. roved this Passed, adopted and app 21st day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Special Session, February 21, 1977 Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 47-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 37-77 which was duly passed by this Council for the Terminal Street Force Main, Wastewater Treatment Facilities, Phase 11, Contract I 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 con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from the Federal and State grant, and from the Sanitation Sewage Rental Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its pas- sage and adoption by the City Council. Passed, adopted and approved this 21st day of February, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Public Hear- ing to consider proposal of sale of Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Mineral Lot 342 to Ken Palm, presented and read. No writ. ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler. Tully. Wertzberger. Nays — None. RESOLUTION NO. 48-77 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph. Herald, a newspaper of general circula. tion published on February 10, 1977 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 21 st day of February, 1977 at 7:30 o'clock P.M. (CST) 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 Ken Palm; 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 Ken Palm; 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 Lot 2 of Lot 1 of Lot 1 of Lot I of Lot I of Lot I of Lot 1 of Lot I of Mineral Lot 342 in the City of Dubuque, Iowa to Ken Palm be and the same is hereby approved for the purchase price of $750.00 plus costs of publication, plat- ting and recording fees and that no abstract of title will be furnished, con- veyance shall be by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities and for ingress and egress to repair and maintain the same. Section 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. 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 February, 1977. Emil Stackis Mayor Special Session, February 21, 1977 101 Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler City 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, Wert zherger. Nays — None. RESOLUTION NO. 49-77 Resolution providing for the Distribu- tion of the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque. Iowa has caused to compiled, printed and published a Code of Ordinances of the City of Dubuque. Iowa and the same has now been printed; and WHEREAS, distribution of the Code of Ordinances of the City of Dubuque, Iowa should be provided for. NOW THEREFORE BE IT RE- SOLVED BY THE City Council, City of Dubuque, Iowa: Section 1. That the copies of the Code of Ordinances of the City of Dubuque, Iowa shall be made for sale to the public at the rate of $50.00 per copy c.o.d. Section 2. That one copy thereof shall be delivered or mailed by the City Clerk free of charge to each of the following: — each City Councilman; — County Attorney, Dubuque. Iowa; — Chairman of Board of Supervi- sors of Dubuque County. Iowa for use by Board; — Law University of State Univer- sity of Iowa; — such Municipal Department Head holding office at the time of publication as the City Manager shall designate; — The National Institute of Mun- icipal Law Officers; — City Attorney and each Assis- tand, one copy each. Section 3. It is further ordered and directed that the City Clerk cause to be delivered to the Clerk of the District Court of Dubuque, County, Iowa seven (7) copies of the Code of Ordinances of the City of Dubuque, Iowa for use by the respective judges of the Ist Judicial District of the State of Iowa as they mai determine and no charge shall be mads for the same. Passed, approved and adopted this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Brady 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. Application for annexation by Ri- chard P. & Mildred L. Henschel for Lot 1 of 1; Lot 2 of 1 of 1 of I; and Lot I of 1 of 1 of l of 1 of 1 of 1 of 1 of 1 all in "Henschel's Black Forest" Table Mound Township, Dubuque County, Iowa, pre- sented and read. Councilman Pregler moved that the annexation be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays — None. RESOLUTION NO. 50-77 WHEREAS, the owners of an area approximately 52.264 acres in size lying immediately south of the city limits of the City of Dubuque, Iowa now volultarily petition the City Council for annexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS. the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the extension of city limits in situations of this character by the adoption of a resolution therefor; and growth, WHEREAS, the future g development, and preservation of the public health of the City of Dubuque. Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of 100 Special Session, February 21, 1977 Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tullv moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 47-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 37-77 which was duly passed by this Council for the Terminal Street Force Main, Wastewater Treatment Facilities, Phase Il, Contract I 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 con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from the Federal and State grant, and from the Sanitation Sewage Rental Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its pas- sage and adoption by the City Council. Passed, adopted and approved this 21st day of February, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Public Hear- ing to consider proposal of sale of Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 342 to Ken Palm, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 48-77 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published on February 10, 1977 in the City of Dubuque, Iowa, the City Council of the City of Dubuque. Iowa met on the 21st day of February, 1977 at 7:30 o'clock P.M. (CST) 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 Ken Palm; 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 Ken Palm; 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 Lot 2 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot I of Lot l of Lot 1 of Mineral Lot 342 in the City of Dubuque, Iowa to Ken Palm be and the same is hereby approved for the purchase price of $750.00 plus costs of publication, plat- ting and recording fees and that no abstract of title will be furnished, con- veyance shall he by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities and for ingress and egress to repair and maintain the same. Section 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. 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 February, 1977. Emil Stackis Mavor Special Session, February 21, 1977 101 Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler City Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol - :owing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None RESOLUTION NO. 49-77 Resolution providing for the Distribu- tion of the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque. Iowa has caused to compiled, printed and published a Code of Ordinances of the City of Dubuque, Iowa and the same has now been printed; and WHEREAS, distribution of the Code of Ordinances of the City of Dubuque. Iowa should be provided for. NOW THEREFORE BE IT RE- SOLVED BY THE City Council, City of Dubuque, Iowa: Section 1. That the copies of the Code of Ordinances of the City of Dubuque, Iowa shall be made for sale to the public at the rate of $50.00 per copy c.o.d. Section 2. That one copy thereof shall be delivered or mailed by the City Clerk free of charge to each of the following: — each City Councilman; — County Attorney. Dubuque, Iowa; — Chairman of Board of Supervi- sors of Dubuque County. Iowa for use by Board; — Law University of State Univer- sity of Iowa; — such Municipal Department Head holding office at the time of publication as the City Manager shall designate; — The National Institute of Mun- icipal Law Officers; — City Attorney and each Assis- tand, one copy each. Section 3. It is further ordered and directed that the City Clerk cause to be delivered to the Clerk of the District Court of Dubuque, County, Iowa seven (7) copies of the Code of Ordinances of the City of Dubuque, Iowa for use by the respective judges of the Ist Judicia'. District of the State of Iowa as they may determine and no charge shall be made for the same. Passed, approved and adopted this I I st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waiter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Brady 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. Application for annexation by Ri- chard P. & Mildred L. Henschel for Lot 1 of 1: Lot 2 of i of I of 1; and Lot 1 of 1 of 1 of 1 of I of I of 1 of 1 of 1 all in "Henschel's Black Forest" Table Mound Township, Dubuque County, Iowa, pre- sented and read. Councilman Pregler moved that the annexation be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 50-77 WHEREAS, the owners of an area approximately 52.264 acres in size lying immediately south of the city limits of the City of Dubuque. Iowa now volu-Itarily petition the City Council for annexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque. Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of 100 Special Session, February 21, 1977 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Ordering construction) RESOLUTION NO. 47-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 37-77 which was duly passed by this Council for the Terminal Street Force Main, Wastewater Treatment Facilities, Phase II, Contract I 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 con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from the Federal and State grant, and from the Sanitation Sewage Rental Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its pas- sage and adoption by the City Council. Passed, adopted and approved this 21st day of February, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Public Hear. ing to consider proposal of sale of Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 342 to Ken Palm, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 48-77 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published on February 10, 1977 in the City of Dubuque, Iowa, the City Council of the City of Dubuque. Iowa met on the 21 st day of February. 1977 at 7:30 o'clock P.M. (CST) 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 Ken Palm: 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 Ken Palm: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section t. That the disposal of inter- est of City of Dubuque, Iowa in and to and conveyance of Lot 2 of Lot 1 of Lot I of Lot I of Lot I of Lot 1 of Lot 1 of Lot I of Mineral Lot 342 in the City of Dubuque, Iowa to Ken Palm be and the same is hereby approved for the purchase price of $750.00 plus costs of publication, plat- ting and recording fees and that no abstract of title will be furnished, con- veyance shall be by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities and for ingress and egress to repair and maintain the same. Section 2. That the Mayor and City Clerk he 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. 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 February, 1977. Emil Stackis Mayor Special Session, February 21, 1977 101 Thomas A. Tully Jr. Passed, approved and adopted this Richard Wertzberger 21st day of February, 1977. James E. Brady Emil Stackis Walter A. Pregler Mayor City Councilmen Thomas A. Tully Jr. ATTEST: Richard Wertzberger Leo F. Frommelt James E. Brady City Clerk Walter A. Pregler Councilman Tully moved adoption of ATTEST: the resolution. Seconded by Council- Leo F. Frommelt man Wertzberger. Carried by the fol- City Clerk lowing vote: Councilman Brady moved adoption of Yeas — Mayor Stackis, Councilmen the resolution. Seconded by Council - Brady. Pregler, Tully. Wertzherger. man Tully. Carried by the following Nays — None. vote: RESOLUTION NO, 49-77 Yeas — Mayor Stackis, Councilmen Resolution providing for the Distribu- Brady, Pregler, Tully, Wertzberger. tion of the Code of Ordinances of Nays — None. the City of Dubuque, Iowa. Application for annexation by Ri- W HEREAS, the City of Dubuque, chard P. & Mildred L. Henschel for Lot I Iowa has caused to compiled, printed of 1; Lot 2 of 1 of 1 of 1; and Lot I of I of and published a Code of Ordinances of 1 of 1 of I of 1 of I of 1 of 1 all in the City of Dubuque, Iowa and the "Henschel's Black Forest" Table Mound same has now been printed; and Township, Dubuque County, Iowa, pre - WHEREAS, distribution of the Code sented and read. Councilman Pregler of Ordinances of the City of Dubuque, moved that the annexation be ap- Iowa should be provided for. proved. Seconded by Councilman NOW THEREFORE BE IT RE- Wertzberger. Carried by the following SOLVED BY THE City Council, City of Vote: Yeas — Mayor Stackis, Councilmen Dubuque, Iowa: Section 1. That the copies of the Brady, Pregler, Tully, Wertzberger. Code of Ordinances of the City of Nays — None. Dubuque, Iowa shall be made for sale to RESOLUTION NO. 50-77 the public at the rate of $50.00 per copy WHEREAS, the owners of an area approximately 52.264 acres in size lying c.o.d. Section 2. That one copy thereof immediately south of the city limits of shall be delivered or mailed by the City the City of Dubuque, Iowa now voluitarily petition the City Council for Clerk free of charge to each of the annexation of their property to the City following. — each City Councilman; of Dubuque, Iowa; and WHEREAS, the inhabitants of said — County Attorney, Dubuque, territory will be enabled to secure the Iowa; — Chairman of Board of Supervi- benefits of city government in the way sora of Dubuque County, Iowa for of police and fire protection if said Cer- ritory is incorporated within the city use by Board; — Law University of State Univer- limits of the City of Dubuque. Iowa; and inhabitants of said sity of Iowa; — such Municipal Department WHEREAS, the territory will be enabled to secure water, and other municipal services of said Head holding office at the time of territory if incorporated within the city publication as the City Manager limits of the City of Dubuque, Iowa; and shall designate; — The National Institute of Mun- WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the extension of icipal Law Officers; — City Attorney and each Assis- city limits in situations of this character by of a resolution therefor; tand, one copy each. the adoption Section 3. It is further ordered and and WHEREAS, the future growth, and of the directed that the City Clerk cause to be development, preservation health of the City of Dubuque. delivered to the Clerk of the District public Iowa, makes it imperative that said Court of Dubuque, County, Iowa seven territory be made a part of the City of (7) copies of the Code of Ordinances of the City of Dubuque. Iowa for use by the Dubuque, Iowa, NOW THEREFORE BE IT RE - respective judges of the 1st Judicial District of the State of Iowa as they may SOLVED BY THE City Council of the determine and no charge shall be made City of Dubuque. Iowa: the territorial limits of for the same. Section 1. That 102 Special Session, February 21, 1977 the City of Dubuque. Iowa be and they are hereby extended to include the area comprising the following described real estate: That parcel of real estate described as Richard C. Henschel and Mildred L. Henschel, husband and wife, pr.+perty in Exhibit "A", hereto attached and by reference made a part hereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. The territory hereby an- nexed shall become and be part of the thirteenth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of Februarv. 1977. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: .Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Application of David J. & Florence L. Willoughby requesting annexation to the City of Lot 2 of I of 1 of 1 of 1 of I of 1 of "Henschel's Black Forest" in Table Mound Township, Dubuque County, Iowa, presented and read. Councilman Pregler moved that the annexation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 51-77 WHEREAS, the owners of an area approximately 0.79 acres in size lying immediately South of the city limits of the City of Dubuque, Iowa, now volun- tarily petition the City Council for an- nexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter. story is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 369, Code of Iowa (1975) authorized the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa. NOW THEREFORE HE IT RE- SOLVED BY THE City Council of the Citv of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of "Henschel's Black Forest" in Table Mound Township, Dubuque, County. Iowa. Section 2. The territory hereby an- nexed shall become and be part of the thirteenth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Harold A. & Darlene Con- zett Jr. requesting annexation of Lot 2 of I of 1 of I of I of 1 of I of I of 1 of Henschel's Black Forest in Table Mound Township, Dubuque County. Iowa, pre- sented and read. Councilman Pregler moved that the annexation be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 52-77 WHEREAS, the owners of an area approximately .814 acres in size lying Special Session, February 21, 1977 103 immediately south of the city limits of the City of Dubuque, Iowa, now volun. tarily petition the City Council for an- nexation of their property to the City of Dubuque. Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorized the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the Citv of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque. Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Secdon 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 "Henschel's Black Forest" in Table Mound Township, Dubuque Coun- ty, Iowa. Sectlon 2. The territory hereby an- nexed shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition for Annexation by First Na tional Bank, Theisen Bldg. Co., Merl F. & Margaret E. Goerdt for Lot 2 of 1; and Lot 2 of Harwood Place, Lot 2 of 2 of M.L. 237 and Lot 2 of M.L. 238 all in Section 27, Township 89 North, Range 2 East of 5 P.M. being in Dubuque Town- ship. Dubuque County, Iowa, presented and read. Councilman Pregler moved that the annexation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 53-77 WHEREAS, the owners of an area approximately 5.423 acres in size lying immediately easterly and southerly of the City Limits of the City of Dubuque, Iowa now voluntarily petition the City Council for annexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of City Government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: SmIllon 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot 2 of Lot 1 of "Harwood Place" in Section 27, Dubuque Township, Dubuque County, Iowa, and Lot 2 of "Harwood Place" in Sec. tion 27, Dubuque Township, Dubuque County, Iowa, and Lot 2 of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238, in Section 27, Township 89 North, Range 2 East of 5th Principal Meridian, being in Dubuque Township, Dubuque County, Iowa, The property to be annexed is as shown on the plat marked Exhibit "A" 104 Special Session, February 21, 1977 attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. The territory hereby an- nexed shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. Section 3. The undersigned, Carl F. Bartels, Civil Engineer & Land Sur- vevor, hereby certifies that the propertv herein described in Section I hereof is contiguous to the existing city limits or corporation lines of the City of Dubuque, Iowa. Carl F. Bartels Civil Engineer & Land Surveyor, Certificate No. 1583 Passed, approved and adopted this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resclution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Council Recessed at 9:35 P.M. Reconvened at 9:45 P.M. Proof of Publication, certified to by the Publisher, of a Public Notice of intention to file a request for release of activity for certification in Community Development of Hill Street Develop- ment, presented and read. Councilman Pregler moved that the proof of pub- lication be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Commis- sion advising that the Housing Assis- tance Plan (HAP) has been throughly reviewed by their Commission and giv- ing their endorsement, presented and read_ Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Community Development submitting resolution 21, 1977 authorizing submission of an applica- tion for Community Development Block Grant, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tullv. Wertzherger. Nays — None. RESOLUTION NO. 54-77 Authorising the Filing of an Applica- tion for a Community Development Block Grant for the City of Dubuque WHEREAS, the City of Dubuque is entitled to participate in the Communi- ty Development Block Grant Program authorized under the provisions of Title I of the Housing and Community Development Act of 1974; and WHEREAS, the Citv of Dubuque has prepared an application for such par- ticipation in accordance with the policies and procedures as prescribed by the U.S. Department of Housing and Urban Development; now therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the application for participation in the Community Development Block Grant Program is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the application on tehalf of the City of Dubuque. Section 2. That the Director of the Department of Community Develop- ment is hereby authorized and directed to submit in the required number of copies, the executed application to the U.S. Department of Housing and Urban Development and other appropriate agencies together with such other documents evidencing the approval and authorizing the execution and im- plementation of such application as may be required. Passed, approved and adopted this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Special Session, February 21, 1977 105 Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Park Board en- dorsing design plan of Avon Park and the proposed Resolution and Applica- tion for Federal Funds, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Car. ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pre- gler, Tully, Wertzberger. Nays — None. Communication of Community Development submitting a resolution for an application for a Bureau of Out- door Recreation Grant for the develop- ment of Avon Park, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None RESOLUTION NO. 55-77 AUTHORIZING SUBMISSION OF A REQUEST FOR FUNDS FOR ACQUISI- TION AND DEVELOPMENT FOR OUT- DOOR RECREATION (AVON PARK) UNDER THE LAND AND WATER CON- SERVATION FUND PROGRAM. WHEREAS, the City of Dubuque is interested in acquiring lands or developing outdoor recreational facili- ties on the following described project for the enjoyment of the Citizenry of the City of Dubuque and the State of Iowa: Project Title — Avon Park Development Total Estimated Cost $82,449 Brief Description of Project: The City of Dubuque proposes to acquire and develop a 0.5 acre tract of land in the 11th Street Neighborhood for a neighborhood park including play- ground equipment, basketball court, walkways, seating, tree plantings. Work will be accomplished by contract during 1977 and 1978. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, BE IT RE- SOLVED BY THE City of Dubuque that the project described above be authorized, AND, BE IT FURTHER RESOLVED THAT SAID City of Dubuque make application to the State Conservation Commission to seek Land and Water Conservation Fund financial assistance from the Bureau of Outdoor Recreation in the amount of 509 of the actual cost of the project in behalf of said City of Dubuque. AND, BE IT FURTHER RESOLVED BY THE City of Dubuque that it certifies to the following: 1. That it will accept the terms and conditions set forth in the BOR Grants -in -Aid Manual and which will he a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and -or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commission. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public out- door recreation use. 4. That no financial assistance has been given or promised under any other Federal program or activity with regard to the proposed project, except Com- munity Development Block Grant funds. 5. That it will not discriminate against any person on the basis of race, color or national origin in the use of any proper- ty or facility acquired or developed pur- suant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and of the regulations promul- gated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate fin- ancial records on the proposed project to substantiate claims for cost sharing. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Dubuque at a legal meeting held on this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Special Session, February 21, 977 February 15, 1977 To the Honorable Mayor and City Council On January 10, 1977 we received a proposal from the Iowa Department of Transportation allowing for federal participation in the installation of ad- vance warning signs for railroad corss- ings in the city. The signs would be placed a minimum of 100 feet in advance of the crossing. We have a total of 58 signs which should be erected to conform to the Iowa Manual on Uniform Traffic Control Devices, and which are eligible under the program. The FHWA would furnish the signs and posts for us to erect. We would pay them 10% of the material cost. They, in turn, would reimburse us for 90% of our labor cost to install the signs. I would estimate the following city cost would be incurred: 58 signs $162.00 58 posts ..................... 57.00 City labor .................. 235.00 $454.00 FHWA would reimburse of 90% of our labor cost, or $211.00. 1 have talked to Merle Felderman about the program, and he indicates that his personnel would be available to install the signs. 1 would recommend that we proceed with the program as outlined. Enclosed is a resolution authorizing the Mayor to execute the agreement on behalf of the City Council Michael A. Koch City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — Councilman Tullv. RESOLUTION NO. 56-77 Resolution authorizing execution of an agreement between the City of Dubuque and the Iowa Department of Transportation for the Installa- tion of Advance Railroad Crossing Signs. BE IT RESOLVED, that the Mayor and City Clerk be and they are hereby authorized and directed to execute the attached agreement providing for 90% federal and state participation in the installation of 58 advance railroad crossing signs. Passed, approved, and adopted this 21st day of February, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — Councilman Tully. February 16, 1977 Honorable Mayor and Councilmen We enclose copies of correspondence with the Federal Highway Administra- tion advising of circumstances on property of Joseph and Ruth Siegert relating to the proposed North-West Arterial. We have determined that our preferred roadway location and the Siegert's subdivision plans are irrecon- cilable, and that acquisition of right- of-way is now required for protection of the roadway corridor. The Federal Highway Administration and the Iowa Department of Transportation have consented to this acquisition. A Resolu- tion is enclosed which so orders that the acquisition proceed. A second enclosed Resolution is necessary to state our intent to comply with applicable state and federal acquisition regulations. We recommend adoption of the Resolutions. Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None RESOLUTION NO. 57-77 A Resolution of Assurances regarding future acquisition of right -01 -way for roadway projects on the Federal Aid Urban System WHEREAS, participation in the Federal Aid Urban System roadway program requires a statement assuring compliance with provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, NOW THEREFORE BE IT RE. Special Session, February 21, 1977 107 SOLVED BY THE City Council of the City of Dubuque, Iowa: Stiction 1. That it is the policy of the Citv of Dubuque, Iowa, to acquire right-of-way in accord with Title III of said 1970 Act and applicable state laws. Stiction 2. That it is the policy of the City of Dubuque to provide relocation benefits in accord with Title III of said 1970 Act and applicable state laws. Section 3. That the above named Citv will contact the Iowa State Department of Transportation for as- sistance as needed to assure compliance with applicable laws which are sum- marized in the instructions entitled "Right -of -Way Acquisition Policies and Procedures." Passed, adopted and approved this 21st day of February. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 58-77 WHEREAS, the City of Dubuque has determined that it is essential for the public purpose that a public roadway be established on or in the vicinity of the westerly Dubuque city limits; and, WHEREAS, a corridor location study for such roadway has been commenced through an agreement with the Iowa Department of Transportation; and WHEREAS, potential locations for such roadway have been found to traverse property of Joseph F. and Ruth M. Siegert; and, WHEREAS, Joseph F. and Ruth M. Siegert have conveyed a proposed Preliminary plat of their property locat- ed in Section 20 of Township 89 North Range 2 East of the 5th Principal Me- ridian, and have requested the approval and endorsement of the City of Dubuque upon such plat; and, WHEREAS, subdivision development proposed by such preliminary plat would cause the relocation of the Proposed Northwest Arterial roadway to other alignments less satisfactory to the public purpose; and, WHEREAS, the Federal Highway l Administration and Iowa Department of Transportation have consented to the acquisition of a portion of the property of Joseph F. and Ruth M. Siegert in order that the preferred location of the North west Arterial Roadwav may be protected; and, WHEREAS, the securing of said right-of-way by way of appropriate proceedings is indicated in this instance; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That it is essential for the public purpose that the City of Dubuque. Iowa, acquire fee simple title in certain real estate owned by Joseph F. and Ruth M. Siegert, generally de- scribed as the easterly 300 feet of Lot 2 of the Northeast Quarter of the South- east Quarter of Section 20 and the Eas- terly 300 feet of Lot 1 of the Southeast Quarter of the Southeast Quarter, both in Section 20, T89N-R2E of the 5th P.M., and for the location and construction of the proposed Northwest Arterial roadway. Section 2. That the City Manager and City Attorney are hereby directed to institute appropriate proceedings for acquisition of said property for and on behalf of the City of Dubuque. Iowa, in order to secure said right-of-way of the Northwest Arterial roadway in the property of Joseph F. and Ruth M. Siegert, as herein described. Section 3. That proceedings institut- ed by this Resolution shall be carried out in compliance with rules of the Iowa Department of Transportation and Federal Highway Administration, and with such other state and federal laws governing acquisition of property for federally -aided highway projects as shall apply. Passed, adopted and approved this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. 108 Special Session, February 21, 1977 February ifi. 1977 Honorable Mayor and Members of the City Council The attached resolution authorized the city to enter into a matching grant arrangement with the Law Enfor- cement Assistance Administration to purchase the following items of equip- ment for use in the Dubuque Police Department. IBM Memory Typewriter Rotary Retrieval Card File The total cost is $11,732.00, of which the city's cash contribution is $645.26. The money is provided and available in the current budget. We would request your approval for the Mayor to execute the necessary documents. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nav_ s — None. MATCHING RESOLUTION No. 69-77 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, Dubuque Records Equipment, Amount of Funds Being Provided $645.26 Passed this 21st day of February, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brad Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 16, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 4 of Helle Subdivision, a subdivision of property in "Asbury Springs" Subdivision in the City of Dubuque, Iowa. The subject property is located on the south side of Hillcrest Road east of its intersection with Judson Drive, as shown on the attached map. The planning and Zoning Commis- sion has approved the final plat and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. RESOLUTION NO. 60-77 Resolution approving the Plat of Helle Subdivision in the City of Dubuque, Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as: "HELLE SUBDIVI- SION" in the City of Dubuque, Dubuque County, Iowa; 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; NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the plat of Helle 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 owner of said property herein named, execute written acceptance hereto attached, agreeing: a. To execute an agreement by and between the owners of Lots 1,2,3, and 4 in the Helle Subdivision in the city of Dubuque, Dubuque County, Iowa, which will provide: I. That the driveway and parking are located in the Helle Subdivision, in the city of Dubuque, Dubuque County, Iowa, and as shown upon the Site Plat filed in the office of the Building Com- mission shall be private drives and parking areas owned by the owners of Lots 1, 2, 3 and 4 of Helle Subdivision in Special Session, February 21, 1977 109 the city of Dubuque, Dubuque County, Iowa; 11. That the city may enter said private drive and parking area to perform such emergency services or other services or duties which it may be obligated by law to perform on the premises; ill. That the city may enter the private drive and common parking area and perform necessary maintenance when the property owner fails to do so and assess all costs equally to the owners of Lots 1, 2, 3, and 4 of the Helle Subdivision. SteUon 2. That in the event Martin D. Helle and Kathy A. Helle, husband and wife, shall fail to execute acceptance within 45 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO, 60-77 We, the undersigned, Martin D. Helle and Kathy A. Helle, husband and wife, having read the terms and conditions of the foregoing Resolution No. 60-77, and being familiar with the conditions ther- eof, hereby accept the the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 22nd day of Feburary, 1977. s:Martin D. Helle s:Kathy A. Helle Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AGREEMENT WHEREAS, Martin D. Helle and Kathy A. Helle, husband and wife, are the owners of Lots 1,2,3, and 4 of the Helle Subdivision in the city of Dubuque, Dubuque County, Iowa; WHEREAS, there is currently a com- mon private drive access to Hillcrest Road and a common parking lot for Lots 1,23, and 4 in Helle Subdivision; AND WHEREAS, it is the intention of Martin D. Helle and Kathy A. Helle, husband and wife, to create reciprocal easement agreements regarding the use of the common parking area and the private drive access to Hillcreast Road and the maintenance and repair of the parking area and the private drive. Martin D. Helle and Kathy A. Helle, husband and wife, for good and valuable consideration do hereby covenant and agree as follows: 1. That Martin D. Helle and Kathy A. Helle, husband and wife, as owners of Lots 1,23, and 4 of the Helle Subdivision in the city of Dubuque, Dubuque Coun- ty, Iowa, do hereby create reciprocal easements for Lots 1,2,3 and 4 of Helle Subdivision with respect to the use of the common parking area and the private drive. 2. That the owners of Lots 1,2,3 and 4 of Helle Subdivision in the city of Dubuque, Dubuque County, Iowa, shall share equally in the cost of repairing, maintaining and improving the com- mon parking lot and the ingress and egress on the private drive. 3. That it is agreed that the city of Dubuque shall be allowed to enter the parking lot and private drive to provide necessary emergency services or other services which the city of Dubuque may be obligated by law to perform on the premises; that the parties to this agreement further agree that the city of Dubuque may enter the parking lot and private drive and perform necessary maintenance whenever the private owners fail to do so and that the assess- ment for this maintenance shall be divided equally among the owners of Lots 1,2,3, and 4 of the Helle Subdivision in the city of Dubuque, Dubuque Coun- ty, Iowa. 4. The parties to this agreement further agree that any assessments for street improvements on Hillcrest Road, which are assessable to Lots 1,2,3 and 4 of the Helle Subdivision in the city of Dubuque, Dubuque County, Iowa, shall be divided equally among the owners of Lots 1,2,3, and 4 of the Helle Subdivision. 5. That this agreement shall be bind- ing on the parties hereto, their heirs and assigns and successors in interest and shall be a covenant running with the land. Martin D. Helle Kathy A. Helle State of Iowa Dubuque County SS On this 22 day of February, 1977, 110 Special Session, February 21, 1977 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin D. Helle and Kathy A. Helle, husband and wife, to me known to be the identical persons named in and who executed the forego- ing instrument, and acknowledged that they executed the same as their volun- tary act and deed. Notary James J. Roth Notary Public in and for the State of Iowa February 8, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Blocks 1 through 12 of "Cedar Lake Addition". This subdivi- sion is located outside of the Dubuque City Limits, but within the jurisdictional area prescribed by the platting statute. Chapter 409.14, Code of Iowa, 1975. The Commission has found the plat to be in conformance with the approved preliminary plat and Planned Unit Development concept for this property. The proposed Resolution of Approval accompanying the plat includes required stipulations for the P.U.D. project. The Planning and Zoning Commission has recommended your approval of it. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 21, 1977 Honorable Mayor and Members of the City Council Several weeks ago the city manager agreed to the installation of plastic water main, capable of withstanding 150 pound pressure per square inch, in the Cedar Lake Subdivison. The arran- gement was made after protracted negotiation and investigation to secure a main installation that would meet water pressure requirements for the area and American Water Works As- sociation specifications. The usual water main installation required by the city is either cast iron or ductile iron pipe capable of withstand- ing pressure of 200 pounds per square inch. The Plumbing Board has expressed concern about the water main installa. tion in Cedar Lake Subdivision. In re- sponse to their concern, Mr. Murray and I met with Plumbing Board members and the Building Commissioner on Fe. bruary 11. At this meeting the Cedar Lake Subdivision development was recounted and city ordinances and pipe standards briefly reviewed. The board members inquired as to whether or not 150 p.s.i. plastic pipe could be used in other areas. It was indicated that this had not yet been accepted city-wide and that with advice of the board the matter would be promptly considered. 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. A RESOLUTION approving plat of Blocks 1 thru 7, 8 and I1 in Cedar Lake Addition in the County of Dubuque, Iowa, presented and read. Jeff Hansel addressed the Council stating Plastic Pipe well exceeds the need of the area: With the water in ground, how could Council deny signing of Resolution. John White stated the plastic pipe has been approved by the D.E.Q. and A.T.T.M. Councilman Tully moved adoption of the Resolution. Seconded by Councilman Wertzberger. Councilman Brady moved to table the motion of adoption. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Nays — Councilmen Tully, Wertzberger. Communication of Dubuque Dock Commission submitting lease and agreement with the Dubuque Sand & Gravel Company, presented and read. Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Dock Board Resolution 2-18-77 Ap- proving lease between the Board of Dock Commissioners and Dubuque Sand & Gravel Company and requesting Council approval, presented and read. Mayor Stackis moved that the resolu- tion be approved and Hearing be set for March 10, 1977, at 7:30 P.M. in the Council Chambers at City Hall and City Clerk be directed to publish proper no- Special Session, February 21, 1977 111 tice. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Dock Commission submitting lease and agreement with Robert's River Rides Inc., presented and read. Mayor Stackis moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Dock Board Resolution 2-18-77 Ap- proving lease between Board of Dock Commissioners and Robert's River Rides Inc. and requesting Council ap- proval, presented and read. Mayor Stackis moved that the resolution be approved and hearing be set for March 10, 1977, at 7:30 P.M. in the Council Chambers at City Hall and City Clerk be directed to publish proper notice. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 61-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. Virginia Ann Baker, 3345 Hillcrest Rd. Marie Becker, 206 West 3rd St. Beverly R. Miller, 260 Southern Ave. Charles E. Petitgout Jr., 2930 Central Ave. Passed, adopted and approved this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Council Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 62-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Virginia Ann Baker, Baker's Dubuque Market, 3345 Hillcrest Road Beverly R. Miller, Sids Beverage Store, 260 Southern Ave. Thompson's Food Markets, Inc., Oky Doky 15, 1545 South Grandview Ave. CLASS "B" BEER PERMIT Richard B. Winsor, (Also Sunday Sales), Bunker Hill Rd. Passed, adopted and approved this 21 st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 63-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Virginia Ann Baker, Baker's Dubuque Market, 3345 Hillcrest Rd. Beverly R. Miller, Sids Beverage Store, 260 Southern Ave. thompson's Food Markets, Inc., Oky Doky 15, 1545 South Grandview Ave. CLASS "B" BEER PERMIT Richard B. Winsor, (Also Sunday Sales), Bunker Hill Rd. 112 Special Session, February 21, 1977 Passed, adopted and approved this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger .lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mavor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Tullv, Wertzberger. Nays — None. RESOLUTION NO. 64-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd., (Also Sunday Sales), Kennedy Mall Passed, adopted and approved this 21 st day of February, 1977 Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: / Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 6S-77 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 The Apartments, Ltd., (Also Sundav Sales), Kennedy Mall Passed, adopted and approved this 21st day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tullv, Wertzberger. Nays — None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -- Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved July 18, 1977 Adopt July 18, 1977 Special Session, February 25, 1977 113 CITY COUNCIL OFFICIAL Special Session. February 25, 1977. Council met at 4:30 P.M. (C.S.T.) Present — Mayor Stackis, Council- men Pregler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Brady at roll call. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called to RECON- SIDER ADOPTION OF A RESOLUTION APPROVING THE PLAT OF BLOCKS 1 THROUGH 7, 8 AND 11 IN CEDAR LAKE ADDITION. IN THE COUNTY OF DUBUQUE, IOWA, and acting upon such other business as may properly come before a Regular Meeting of the Council. Councilman Pregler moved to recon- sider motion of meeting of February 21, 1977 on the approval of plat for Blocks 1 through 7,8 and 1 I in Cedar Lake Addi- tion in the County of Dubuque, Iowa. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Councilman Bradv. February 25, 1977 Honorable Mayor and City Council Recently, at one of your meetings, the Cedar Lake Subdivision project came to your attention for action by way of approval of a final plat, and in the ex- amination of same you referred two questions to this writer for a answer, which are as follows: 1. Can construction work commence on a subdivision prior to final approval of plats by City Council, i.e. grading streets and installation of utilities? 2. Does the administration have the authority to change specifications on type of water pipe for water mains without approval of Council — in this case approval of plastic pipes? In answer to question one, it would clearly appear that until the final ap- proval of the plat by the City Council is granted any substantial work per- formed in the terms of grading for streets and installation of utilities would be done at the peril of the subdivider. However, the subdivider in question would have a right to rely upon existing laws in effect at the time of such work performed. In addressing the attention of this writer to the second question, it appears that there is a vacuum in the legal ma- chinery relating to the subdivisions pertaining to water distribution systems and service lines running to serve the individual residences. The matter as it stands now is that the service line run- ning from the Main to the individual lots or residences is governed by ordinance and requires certain specifications for said service line. The provisions thereof are covered under Section 36-122 of the Code of Ordinances of the City of Dubuque, Iowa at Page 2292 thereof, which section was formerly Section 4 of Ordinance 5.59. This section clearly provides that the material be a copper pipe. It appears that there is no specific ordinance governing type of material concerning the water mains. I am in- formed, however, that by custom and usage and practice and adopted by the City of Dubuque that certain materials have been required for the installation of water mains. While the general regulations cover- ing subdivisions are a subject matter of statutory coverage under Chapter 409 of the 1975 Code of Iowa as well as the Subdivision Ordinance of the City of Dubuque, Iowa now known as Chapter 34 of the Code of Ordinances of the City of Dubuque, Iowa, and which was for- merly Subdivision Ordinance No. 65-57. In addition to the foregoing, however, Article IV, Division 1 of the Code of Ordinances of the City of Dubuque, Iowa at Page 2284, et seq. generally deals with utilities and Section 36 ther- eof deals with water, under the general title of utilities. Section 36-105 of the Code of Ordin. ances of the City of Dubuque, Iowa at Page 2287 and titled "Extension of Mains" states as follows: "Section 36-105. Extension of mains. Any person desiring a water main ex- tension shall apply for the same in writ- ing to the superintendent of the water department, who will make an inves- tigation and submit the same with his recommendation to the city manager and city council for their decision. (Or- dinance No. 5-59 S 42, 2.9-59)" It would appear to this writer that any extension of water mains, whether it be done individually or collectively or by way of a subdivision, it was the inten- tion of the City Council that it retain such control over the extensions of water mains as is exemplified and represented in the language contained in said section. It is the opinion of this writer that in order to establish the standards posed by the question before this writer that 114 Special Session, February 25, 1977 such standards should be reasonable. have some relationship or bearing to the public safety, health and welfare and have some degree of uniform application. Accordingly, it is the recommenda- tion of the City Attorney's Office that this matter be reviewed by the City Council together with the administra- tive staff and that if the plastic is to be approved, then let it be done by ordin- ance uniform in application as near as practicable and defining the conditions and limitations of such use, if any, and that such use either be permitted or prohibited from the service lines with a view that the subdivider, the builders and the general public and the world at large are reasonably and reliably in- formed and advised what is permitted and what is prohibited. R.N. Russo City Attorney Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Councilman Bradv. City Attorney Russo presented the following statement: If the change to plastic pipe should be made, it should be formalized by Ordinance or Resolution; City Manager did not violate any law. Councilman Brady entered the Coun- cil Chambers at 4:50 P.M. RESOLUTION NO. 66-77 Resolution approving the Plat of Blocks 1 Through 7,6 and 11 In Cedar Lake Addition In the County of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as: Blocks 1 through 7,8 and Il of Cedar Lake Addition in the County of Dubuque, Iowa; and WHEREAS, there are on file in the office 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 the Dubuque County Planning and Zoning Commis- sion and has its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council of Dubuque, Iowa and the Dubuque County Board of Supervisors and they find that the same conforms to all sta- tutes 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: Section 1. That the Plat of Blocks 1 through 7,8 and 11 in Cedar Lake Addi- tion in the County of Dubuque, Iowa, being within the jurisdictional area of 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 owner of said property herein named shall execute written acceptance 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 accor- dance 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 vears from the date of their accep- tance by the City of Dubuque. Iowa; e. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Hansel Builders Inc. as Owner; f. To construct said improvements prior to February 21, 1979; g. To 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 2. Hansel Builders Inc. has established a non-profit Iowa corpora- tion known as Cedar Lake Corporation for the purpose of providing for the maintenance, preservation and archi- tectural control, and to promote the health, safety and welfare of the re- sidents within Cedar Lake Addition in Dubuque Township, Dubuque County, Iowa. Cedar Lake Corporation shall have the power to levy charges and assessments against the owners of the properties within said Cedar Lake Ad- dition for such purposes and which Special Session, February 25, 1977 115 charges and assessments shall consti- tute liens against the owners of the properties within said Cedar Lake Addition. Section 3. Property owned by Cedar Lake Corporation in Blocks I through 7,8 and I I of Cedar Lake Addition in the County of Dubuque, Iowa will contain property known as Common Area, which property will be maintained for the purposes identified on the final development plan of said common Area, and the City of Dubuque. Iowa shall have a perpetual easement to enter and pass over and upon the real property within the utility easements, walkway easements, planting easements and platted streets so as to provide for oridinary maintenance services and emergency services as are regularly and customarily provided by the City of Dubuque, Iowa within the City of Dubuque, Iowa, and for such services or duties which the City of Dubuque, Iowa may be obligated to perform on said properties. a. Certain improvements, as shown on Improvement Plans on file in the office of the City Engineer of Dubuque. Iowa, within Blocks 1 through 7,8 and 11 in Cedar Lake Addition in the County of Dubuque, Iowa, shall be public improvements and are hereby so dedicated to the City of Dubuque, Iowa. It is under- stood and agreed that upon final acceptance by the City of Dubuque. Iowa, said improvements shall be owned and maintained by the City of Dubuque, Iowa. b. The streets and parking areas located on Blocks 1 through 7,8 and II of Cedar Lake Addition in the County of Dubuque, Iowa, shall be private streets and parking areas and owned by Cedar Lake Corpor- ation, and shall be held with other common property shown upon the plan within the jurisdiction of Cedar Lake Corporation and further providing that the City may enter such streets and parking 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 maintan- ance whenever the private owner fails to do so, and assess all costs to such owner. C. Ali assessable costs for mainten- ance or services, described herein, performed by the City of Dubuque. Iowa on, or directly benefiting, Blocks I through 7,8 and 11 of Cedar Lake Addition in the County of Dubuque. Iowa, shall be assessed against Cedar Lake Corporation and a lien on the above described real property. Section 4. That in the event Hansel Builders Inc. shall fail to execute accep- tance 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 unanimous recorded roll call this 25th day of February. A.D., 1977. Emil Stackis Mayor Thomas A. Tully, Jr. Walter A. Pregler Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 66-77 Hansel Builders Inc., having read the terms and conditions of the foregoing Resolution No. 66-77 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 25th day of February, 1977. Hansel Builders Inc. By: Jeffrey S. Hansel President ATTEST: Richard L. Hansel Secretary TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 66-77 has been furnished by the owners. Dated at Dubuque. Iowa, this 16th day of March, 1977. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. RESOLUTION NO. 67-77 Setting the date of public hearing on the Fiscal Year 1978 Budget for the City of Dubuque, Iowa. WHEREAS, Section 384.16 of Code of 116 Special Session, February 25, 1977 Iowa provides that the City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish no- tice before the hearing as provided 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 Council shall conduct a public hearing on the proposed 1977-78 budget at City Coun- cil Chambers, City Hall, 13th and Cen- tral, Dubuque, Iowa, on Thrusday, March 10, 1977, beginning at 7:30 P.M. Section 2. That the City Clerk be and he is hereby authorized and directed to publish according to law Notice of Public Hearing together with the required budget information documents. Passed, approved and adopted this 25th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmef/ Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that the City Manager be directed to examine the Building Construction Codes with particular reference to water mains and laterals for the purpose of obtaining uniform standards. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that the new Code of Ordinances be sold without binders. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully. Nays — Councilmen Brady, Wertzberger. Councilman Brady moved that the City Clerk be directed to keep a limited number of binders on hand to he pur- chased at our cost. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business, Councilman Pregler moved to adjourn. Seconded by Mayor Stackis,. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approve July 18, 1977 Adopted July 18, 1977 Regular Session. March 7. 1977 117 CITY COUNCIL ', OFFICIAL Regular Sesseon. March 7, 1977. No members of the Council being present the Meeting was adjoumed subject to call. Leo F Frommelt Cite Clerk Approved July 18, 1977 Cju men sty CI rk CITU COUNCIL OFFICIAL Adjourned Regular Session, March 10, 1977. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Stackls. Council- men Brady, Pregler, Tully, Werts- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated this is AN ADJOURNED REGULAR SESSION OF THE MEETING OF MARCH 7, 1977, called for the purpose of acting upon such business as may properly come before the Meeting. Father Thomas Demetois Tsevas, Proto Presbyter, of St. Ebas the Prophet Greek Orthodox Church read the Prayer preceeding the meeting. A Proclamation proclaiming the mounth of March as "Red Cross Month" was read and approved and signed by Mayor Stackis. Proofs of Publication, certified to by the Publisher, of various notices of Public Hearing on Revenue Sharing; also on Budget Estimate, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved to su- spend the rules to let anyone present a.Mrrss the Council if thev :uo deatre. Seconded by Councilman Brady. Car, rwd by the following vote: Yeas — Mayor Stackis, Councilman Brady. Pregler. Tully, Wertzberger. Na". — None George Lipper, President of the Chamber of Commerce, submitted a communication from the Chamber of Commerce commenting on various portions of the proposed budget and spoke to the communication. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carred by the following vote: leas — Mavor Stackis, Councilmen irady. Pregler. Tully, Wertzberger. Nays — None. Diane Gallagher of the League of Women Voters presented and read a communication from The League of Women Voters commenting on vak•ious portions of the proposed budget. Coun- cilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Richard Friedman commenting on the insurance program of the City. presented and read. Coun- cilman Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. A RESOLUTION adopting the An- nual Budget for the Fiscal Year ending June 30, 1978, presented and read. Councilman Wertzberger moved that the resolution be referred to the Council Meeting to be held on March 12. 1977, in the Council Chambers at City Hall. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Commis- sion submitting minutes of their meet- ing of February 15, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. Communication of Planning, & Zon- 119 Regular Session, March 7, 1977 ing Commission submitting minutes of their meeting of February 16, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting minutes of their meet- ing of February 10, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Five Flags Center Building Committee submitting min- utes of their meetings of February 17th & 24th, 1977, presented and read. Coun- cilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting minutes of their meeting of February 15, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Communication of Dubuque Me- tropolitan Area Transportation Study (DMATS) submitting minutes of their meeting of January 27, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of February 22, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of February 10, 1977 presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Playground & Recreation Commission submitting minutes of their meetings of February 16th & 28th, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of February 22, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dock Commission submitting minutes of their meetings of February 2, 16 & 18, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. sub- mitting water supply inspection report (Copy forwarded to Water Depart- ment), 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. sub- mitting water main Extension Permit and Sewer Extension Permit for Met - tel -Byrne Addition, Block 17, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Mrs. Willard Farr, in response to a newspaper article rela- tive to the reading of water meters and how it would affect the privacy of ten- ants on second and third floors of apartment buildings, presented and Regular Session, March 7, 1977 119 read. Councilman Tully moved that the communication be referred to the Water Department for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Communications of Area Vlll Agency on Aging, League of Women Voters, Muscular Dystrophy Ass'n., Tri-State Independent Blind Society Inc., Nation- al Multiple Sclerosis Society, Eastern Iowa Epilepsy Ass'n., United Cerebal Palsy of Dubuque, The Dubuque Coun- ty Assn. for Mental Health, Project Access Dubuque, Dubuque County Ass'n. for Retarded Citizens, all being in support of the proposed handicapped parking Ordinance, presented and read. Councilman Tully moved that the com- munications be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Louise H. Hal- liburton suggesting a corrected title of the proposed "Adult Entertainment Or- dinance", presented and read. Council- man Tully moved that the communica- tion be referred to the Planning & Zon- ing Commission. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of East Central In- tergovernmental Ass'n. advising of the City's per capita assessment to be con- sidered in this year's budget, presented and read. Councilman Tully moved that the communication be referred for Bud- get Consideration. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 22, 1977 Honorable Mayor and City Council 1 herewith submit the reports of the City Treasurer, Finance Director, Water Superintendent, Health Department, as well as a list of claims paid, for the month of January, 1977. 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. Proof of Publication, certified to by the Publisher, of Receipts and Expendi- tures, also list of claims for month of January, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 2, 1977 To the Honorable Mayor and Members of the City Council 1 have approved the following policy for filing and wish to have your ap- proval of same. General IJab0lty Dubuque Stone Products Company, Bituminous Casulty Corp., Policy No. GA 806982, to January 3, 1978. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 24, 1977 Honorable Mayor and Members of the City Council On July 19, 1976, the Civil Service Commission submitted a list of ten per- sons who successfully passed both the written and physical tests required for placement on the Police Department. Said tests were given on May 11th and June 15th respectively. At that time we advised your Honorable Body of a second list of ten persons that could be considered as candidates who success- fully passed the required tests at the same time. Evidently the first list has now been exhausted as per instruction received from the Personnel Depart- ment. We hereby submit the second list of aspirants as follows: Hendricks, Terry P. Penhollow, David W. Trapp, Bruce A. Saunders, James A. Braband, Robert J. O'Connor, Patrick W. Streinz, Joel A. Ties, Charles W. irons, Rick L. Kohlenberg, Wayne C. Carolyn Farrell B,V.M. Chairperson 120 Regular Session, March 7, 1977 Ray E. Harris John E. Hess Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 3rd day of March, 1977. Z.D. Hantelmann Notary Public Councilman Tully moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the months of October and November, 1976, presented for Council Approval. Coun- cilman Tully moved that the Proceed- ings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. February 17, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has received two (2) petitions for reclassification of property, as follows: 1. The Commission will hold a public hearing at their meeting of March 16, 1977, on the petition of Mr. Earl McClain to reclassify Lots 1, 11, 12 and 19 if McClain Subdivision from R-1 Residen- tial District to R-3 Residential District. The property is located on the south side of West Thirty -Second Street west of Carter Road and it is the intent of the petitioner to construct multiple -family units on the property if the zoning re- classification is granted. See map at- tached attachment No. 1. 2. The Commission has received and reviewed the petition of the Powers Land Development Company request- ing various zoning changes on 5 parcels of property, as identified on the at- tached map. The Commission will sub- mit their recommendations to you on each of the 5 parcels in a separate com- munication. A map identifying each of the parcels will accompany the recommendation. The petitioners have met the applica- tion and zoning fee requirements of the City Zoning Ordinance No. 32-75. The Commission has also scheduled a public hearing on March 16, 1977, proposing to enact a new Section 1.103, Application of District Regulations, to Ordinance No. 32-75, and will report their recommendation to you following that meeting. Copies of the proposed amendment, marked Item No. 2, are attached for your information. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Develrpment Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Communication of Councilman Tully requesting that the Airport Commission and the City Solicitor investigate the ,'Fly for Hire" Practice at the Airport without proper Part 135 Agreements as to liability for damages on the part of the City, presented and read. Council- man Tully moved that the communica- tion be referred to the Airport Commis- sion for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication from City Govern- ment Reorganization Task Force, hav- ing not been able to complete their job as originally scheduled, are now projecting a completion date at the end of May or June 1st, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Donald E. Deich requesting Council consideration not to raise the Downtown Parking Fees and to utilize the vacant lot between 5th & 6th and Iowa and Main Streets, pre- sented and read. Councilman Tully moved that the communication be referred to Council, City Manager and Traffic Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 'l, 1977 Honorable Mayor and City Councilmen On April 2, 1973, Roy A. Kuch and Regular Session, March 7, 1977 Marie L. Kuch commenced an action against the City of Dubuque, Iowa and Donald T. Sand and Malinda Sand claiming damages in the amount of $20,000.00 in Count I thereof and $2,500.00 in Count 11 thereof. The essence of plaintiffs' claim was that on December 30, 1972, Roy A. Kuch fell on an accumulation of ice and snow on the premises of 2364 Washington Street in the City of Dubuque, Iowa, and that the matter was then referred to the City Attorney's Office to interpose the appropriate defenses thereto. This matter was scheduled for dis- missal and a stipulation was entered into by the Assistant City Attorney and the plaintiffs' attorney that the matter be settled upon payment of the sum of $200.00 by the City of Dubuque, Iowa. Thereafter the plaintiffs and plain- tiffs' attorney had some difficulty com- municating, and this matter was recently resolved and accordingly the offer to settle has still been maintained open, and it is the recommendation of the City Attorney's Office that said above entitled litigation be settled upon the payment of $200.00 by the City of Dubuque. Accordingly, it is the recom- mendation of the City Attorney that said offer be accepted and that the City Auditor be instructed to draw a warrant payable to Roy A. Kuch and Marie L. Kuch and Peter J. Klauer their attorney in the amount of $200.00 and to transmit the same upon delivery of the duly ex- ecuted releases and payment of the Court costs along with a dismissal with prejudice. A copy of the Original Notice with Petition attached is herewith returned. R.N. Russo City Attorney Councilman Wertzberger moved that the communication be received and filed and recommendation of settlement approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Hawkeye Security Insurance Co., in behalf of their client Paul C. & Sheri O'Brien, who were in- volved in a car accident as the result of tampering of a street sign at the inter- section of 14th and Main Street on Oc- tober 17, 1976, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of John Priest, in the amount of $200., for car damage in- curred as the result of driving into a hole in the street at 271 Dorgan Place on February ll, 1977, 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 Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Dallas Lange, in the amount of $989.92, for plumbing expense incurred due to broken water line in the street at 2156 North Main Street on December 26, 1976, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Charles Richard- son, in the amount of $10,000., for per- sonal injuries received in a fall on an icy sidewalk at 2301 Windsor Ave. on Fe- bruary 7, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Ronald Manders, in the amount of $10,000., for personal injuries received in a fall on an icy sidewalk at the corner of 24th and Windsor on December 28, 1976, pre- sented and read. Councilman Wertz- berger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Original Notice from District Court advising of a petition on file by Thorp Finance Corporation vs. Merl F. Goerdt et ux, Mid States Construction, U.S. Fidelity and Guaranty Co., State of Iowa, Dubuque County and City of Dubuque relative to a loan prior to July 3, 1974, presented and read. Councilman Wertzberger moved that the Original 122 Regular Session, March 7, 1977 Notice be referred to the City Solicitor for investigaition and report. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Denis J. Ruling, in the amount of $145.00, for car damage incurred as the result of striking a piece of curb lying in the street on Monroe Street on February 21, 1977. presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the Citv Solicitor for inves- tigation and report. Seconded by Coun- cilman Tullv_ . Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 11-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 32 TO SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON WEST ELEVENTH STREET MUST STOP BEFORE ENTERING THE INTERSEC- TION OF WALNUT STREET, presented and read. Councilman Brady 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 Stackis, Councilmen Brady, Pregler, 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 11.77 AN ORDINANCE AMENDING ORDIW ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 32 TO SECTION A OF SCHEDULE Ila THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON WEST ELEVENTH STREET MUST STOP BEFORE ENTERING THE INTERSEC- TION OF WALNUT 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 same is hereby amended by enacting a new Subsection 32 to Section A of Schedule III thereof as follows: Schedule III Soctlon A. Eastbound and West- bound vehicles must stop before enter- ing the intersection of: :32. Walnut Street and West Eleventh Street." Passed, approved and adopted this loth day of March, 1977 Emil Stuckis Muvor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of March, 1977. Leo F. Frommelt City Clerk It3:14 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Delos A. Dorweiler ob- jecting to rezoning of Block 21A in Key Knolls Sub. from C-3 to C-1 and OR -1"a" and requesting that Staff be ordered to buy any part of his property for street improvements and relocate him back on to a corner lot abutting J. F. K. Road or provide right of way along east side of J. F. K. Road from vacant farm land or make another study to provide parallel streets at one quar- ter mile intervals, presented and read. Councilman Wertzberger moved that the petition be referred to the Planning and Zoning Commission and Engineering Department. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of National Foundation March of Dimes requesting permission to conduct a Walk-A-Thon on April 17, 1977, presented and read. Councilman Wertzberger moved that the request be approved subject to Manager's im- Regular Session, March 7, 1977 plementation. Seconded by Councilman pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Women's Recreation Ass'n. requesting placement on the agenda to submit a layout as to situa. tion as it presently exists between them and the Men's Recreation Ass'n., pre- sented and read. Councilman Wertz- berger moved that the petition be referred to the Council Meeting of March 21st, 1977. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Alpha Phi Omega (Loras College) requesting permission to dis- tribute tags and accept contributions on March 19, 1977, and to conduct "Sham- rocks for Dystrophy Drive", presented and read. Councilman Wertzberger moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Joseph L. Schadles requesting a refund of $25., on unex- pired portion of Cigarette License No. 1055, discontinued business on Fe- bruary 1, 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Albert J. Schulte request- ing a refund of $25.00 on the unexpired portion of Cigarette License No. 969, discontinued business on February 26, 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. February 21, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot 1 and Lot 2 of the subdivision of Lot 3 of "Stonehill Com- munity Subdivision No. 1" in the City of 123 Dubuque, Iowa. The subject property has frontage on the west side of Wind- sor Ave., north of Xavier Hospital as shown on the attached map. The Commission has determined that the final plat is in conformance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque. It is the recommendation of the Planning and Zoning Commission that the plat be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Prelger moved that the communication be received and filed. Seconded by Mayor Stackis. Cabled by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 68-77 RESOLUTION Approving Plat of the Subdivision of Lot 3 of "Stone Hill Communitv Subdivision No. 1" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 3 of "Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, and is platted as: Lot 1 of Lot 3, and Lot 2 of Lot 3, each of "Stone Hill Community Sub- division No. 1" 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. Sedlon 1. That 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 endorse the approval of the City upon said plat. Passed, adopted and approved this 10th day of March, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption 124 Regular Session, March 7, 1977 of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider a lease agreement between the Dock Board and Dubuque Sand and Gravel 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 Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 69-77 WHEREAS, the Board of Dock Com- missioners of the City of Dubuque, Iowa have been negotiating with Dubuque Sand and Gravel Company for the negotiation of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease; and WHEREAS, a true copy of said wnt- ten lease, marked "Exhibit A", is hereto attached and by reference made a part hereof; and WHEREAS, the terms and conditions of said proposed lease should be ap- proved by the City Council of the City of Dubuque, Iowa; and WHEREAS, notice of intent to enter into said lease for a period in excess of three vears has been published in the Telegraph Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa fixing the loth day of March, 1977 at 7:30 P.M. in the City Council Chambers in the City Hall, Dubuque, Iowa as the time and place of hearing on said published notice of in. tent to enter into lease: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed written lease agreement by and between the Board of Dock Commissioners of the City of Dubuque, Iowa and Dubuque Sand and Gravel Company, a copy of which is marked "Exhibit A" hereto attached and by reference made a part hereof, be and the same is hereby ap- proved; and that there have been no oral or written objections to the entering into said lease by the Board of Dock Commissioners. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolu- tion to the Board of Dock Commis- sioners of the City of Dubuque, Iowa. Passed, approved and adopted this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider lease between the Dock Board and Robert's River Rides, presented and read. Eugene Heinemann, Agent for Burlington Northern Railroad, ad- dressed the Council stating the Railroad has been in business over 70 years; Requesting Bell Street crossing be left closed and other provisions be made for exit for proposed tenant; As a Safety Factor, Fence should be put up. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Dock Board Resolution approving lease between the Dock Commission and Robert Kehl, presented and read. Councilman Wertzberger moved that the Dock Board Resolution be received and filed and lease be approved subject to a public hearing to be held on March 21, 1977 at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Councilman Tully. carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 70-77 Authorizing submission of a Request 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 Regular Session, March 7, 1977 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 Emergency Home Repair Project Washington Tool Library 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 WBEREAS, Public Notice of a "Find. ing of No Significant 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 Housing and Urban Development for release of funds under the said Act to carry out the above identified projects; now therefore BB IT RESOLVED BY THE CITY COUNCIL 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 five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, 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 environmen- tal 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 5. 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 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 Bxhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 10th day of March, 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. RESOLUTION NO. 71-77 Authorizing submission of a request 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 En- vironmental Assessment of the follow. ing identified proposals (projects) with Community Development Block Grant funds; and Urban Renewal Project, Iowa R-15 Land Purchase WHEREAS, pursuant to Resolution No. 246.76 adopted March 8, 1976, Pub- lic Notice of a "Finding of No Sig- nificant Effect on the Environment" for the proposal (project) was published March 9, 1976, in the Dubuque Tele- graph Herald, a newspaper of general 126 Regular Session, March 7, 1977 circulation, and provided for a public comment period until 12:00 Noon, Wednesday. March 31, 1978; and WHEREAS. Public Notice of a "Find- ing of No Significant 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 :o 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 COUNCIL of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the propo- sals (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 five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, 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 environmen- tal 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 5. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer. tification pertaining to the environ- mental review procedures. 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 10th day of March, 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. RESOLUTION NO. 72-77 Authorizing submission of a request 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 covened 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 Street Tree Planting Miscellaneous Public Improvments, Including Street, Alley, Curb 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 period until 12:00 Noon, Monday, August 16, 1976; and WMEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" 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 appro- priate to receive such a Public Notice: and Regular Session, March 7, 1977 127 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 COUNCIL of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the propo- sals (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 five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, 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 environmen- tal 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 auth- orized and directed to execute a Cer- tification pertaining to the environ- mental review procedures. 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 10th day of March, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City of Dubuque intends to file a request five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds. Urban Renewal Project, Iowa R-15 Land Purchase Street Tree Planting Miscellaneous Public Improvements Including Street, Alley, Curb Repair and Replacement Emergency Home Repair Project Washington Tool Library 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 Citv 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 30th day of June, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Emil Stackis. The mailing ad- dress for both the applicant and the Chief Executive 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 Emil Stackis, in his official capacity as Mayor, consent to accept the jurisdic- tion 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 cer- 128 Regular Session, March 7, 1977 tification 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 environmental review process. Objec- tions must be prepared and submitted in accordance with the required procedure (24 CFR Part 58), and may be addressed to HUD at the 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 con- sidered by HUD. No objection received after the 30th day of June, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 73-77 Authorizing Publication of notice of availability for Public Inspection certain Community Development Block Grant Documents WHBREAS, under the date of Fe- bruary 22, 1977, the Annual Perfor- mance Report was accepted by the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (b) of the Community Development Block Grant Program requires that reasonable effort shall be made to inform citizens in. volved in or affected by the local Com- munity Development Program that the Annual Performance Report has been submitted and is available to interested parties upon request: and WHEREAS. Section 570.906 (c) requires that there be public notice of the availability of the Annual Perfor- mance Report for inspection by the public; now therefore: BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Section 1. Be it resolved that. the City Clerk be and he is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of gen- eral circulation within the City, public notice in the form of Exhibit A attached hereto and made a part hereof. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City of Dubuque submitted an An- nual Performance Report to the U.S. Department of Housing and Urban Development for the Second Year Pro- gram. The report was accepted for processing by the Federal government on February 22, 1977. A copy of the Annual Performance Report is on file in the office of the City Clerk, City Hall, Dubuque, Iowa and in the office of the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa. The report is available for inspec- tion by all interested parties, Monday through Friday between the hours of 8:00 AM to 5:00 PM, Saturdays, Sundays and holidays excluded. 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. Communication of Dubuque Housing Rehabilitation Commission submitting proposed guidelines for concentrated Rehabilitation Loan and Grant Program and A RESOLUTION approving guidelines for the concentrated Rehabilitation Loan and Grant Program and providing rules for administration of said program, presented and read. Councilman Brady moved that the communication and resolution be ta- bled to the Council Meeting of March 21, 1977. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 74-77 Resolution authorizing the Mayor to sign a contract for the Adminis- tratlon and Operation of a Public Service Employment Program under Title VI of PL 93-203 Regular Session, March 7, 1977 129 WHEREAS, the Federal Government has enacted the Comprehensive Em- ployment and Training Act Title VI and has made funds available to hire unem- ployed people; and WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has desig- nated the Citv of Dubuque as a Pro- gram Agent; and WHEREAS, funds in the amount of 5327,250.00 have allocated to the Citv of Dubuque for the purpose of extending the Public Service Employment Pro- gram in the community; and WHEREAS, it is required of the City, as Program Agent, to submit an em- ployment plan and contract to the Iowa State Office for Planning and Programming: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa that the Mayor is authorized to sign the Contract for Public Service Employment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. Communication of Director of Com- munity Development submitting A RE- SOLUTION repealing Resolution No. 169.76, and instructing that plans for a North Fork Catfish Creek Watershed Project be abandoned, presented and read. Councilman Tully moved that the communication and resolution be ta. bled indefinitely. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Application of Manternach Develop- ment Company requesting voluntary annexation of approx. 38.10 acres, pre- sented and read. Wayne Manternach addressed the Council stating subdivision is in plan- ning process only. Councilman Pregler moved that the annexation be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION ANNEXING CERTAIN TERRITORY NO. 7S-77 WHEREAS, the owners of an area approximately 38.1 acres in size im- mediately adjoining the city limitsof the City of Dubuque, Iowa now voluntarily petition the City Council for annexation of their property to the City of Dubuque, Iowa WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 368.7 Code of Iowa, 1975, authorizes the extension of city limits in situations of this character by the adoption of a resolution ther- efore; and WHEREAS; the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the fol- lowing described real estate: Lot 1 of Lot I of Lot I of the Northwest One Quarter of the Southwest One Quarter, and Lot 2 of Lot I of Lot I of Lot 1 of Lot I of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 4 of Lot I of the subdivision of Lot I of Lot 1 of Lot I and of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, all in Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, according to the recorded plat thereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be pan of the Fourteenth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted and approved this 1.140 Regular Session, March 7, 1977 loth day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 4, 1977 Honorable Mayor and City Council The City Council has inquired about the use of the services of Mr. Steven B. Rvnecki in labor negotiations. Mr. Steven Rynecki was consulted by me in the period January 13, 1977 through February 8, 1977. It was in this period that we were conducting exten- sive labor negotiations and preparing for fact finding hearings and had the urgent need for the knowledge of a person experienced in labor negotiations. Mr. Rynecki was asked to review all union demands and to research those demands that appeared to be nonman- datory negotiable issues as defined by the Public Employment Relations Act. Mr. Rynecki did research declaratory rulings of the Public Employment Rela- tions Board and provided us cases that were pertinent to the issues involved. His opinion was also requested on the appropriate strategy to be used by the city in conducting negotiations with the various unions. His ideas were solicited in the preparation of briefs to be used in fact finding. Mr. Rynecki reviewed with us briefs prepared for the fact finding hearing on February 8, 1977 and advised us on the methods to be used in the presentation of our position to the fact finder in this hearing. Mr. Rynecki did not participate in any negotiations with city unions. He did not prepare amy material used by the city in fact finding or did he assist in preparation of material for the hearing with the Public Employment Relations Board on March 1, 1977. Members of the personnel department and myself met with him on four separate occasions January 24, February 5, February 7 and February 8. Mr. Ryencki has not been consulted by anyone in the personnel department or myself since the fact finding hearing on February 8, 1977. Expenses for his services were about $2,000. This amount of money was bud- geted in the FY '77 budget for an- ticipated expenses incurred in labor negotiations. Francis A. Murray Public Works Director Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. At 8:52 P.M. Mayor Stackis moved to go into Executive Session to discuss labor Negotiations. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Council Reconvened in Regular Ses- sion at 9:45 P.M.; No comment from the chair. RESOLUTION NO. 76-77 Be it resolved by the City Council 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. Ted J. and Georgia A. Heinz, 1278 Cen- tral Ave. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None RESOLUTION NO. 77-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits Regular Session, March 7, 1977 131 issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Dubuque Marina, Inc., (Also Sunday Sales), Eagle Point Harbor CLASS "C" BEER PERMIT Will -Co Inc., 805 West 5th St. Ted J. and Georgia A. Heinz, 1278 Cen- tral Ave. Thomas E. Kessler, 1993 Asbury St. Passed, adopted and approved this loth day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 78-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Marina, Inc., (Also Sunday Sales), Eagle Point Harbor CLASS "C" BEER PERMIT Will -Co. Inc., 805 West 5th St. Ted J. and Georgia A. Heinz, 1278 Cen- tral Ave. Thomas E. Kessler, 1993 Asbury St. Passed, adopted and approved this loth day of March, 1977. Emil Stackis Mavor Thomas A. Tully.1r. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 79-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Alice H. Erschen (Also Sunday Sales), 2617 University Ave. Carl N. Brant, 2600 Central Ave. Fraternal Order of Eagles , (Also Sun- day Sales), 1175 Century Drive Thomas Andresen, (Also Sunday Sales), 1080 University Ave. Passed, adopted and approved this loth day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 80-77 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 132 Regular Session, March 7, 1977 following named applicant,, a Liquor License. CLASS"C"(COMMERCIAL) BEER AND LIOUOR LICENSE Abce H. Erschen, (Also) Sunday Sales). 2617 University Ave. Carol N Brant. 2600 Central Ave. Fraternal Order of Eagles 568. (Also Sunday Sales), 1175 Century Drive Thomas Andresen, Sunday Sales, 1080 University Ave. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business. Councilman Wertzberger moved to ad- journ this meeting to March 12. 1977 at 8:30 A.M. in the Council Chambers at Citv Hall to continue hearing on the current budget. Seconded by Council. man Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — Councilman Tully. Leo F. Frommelt City Clerk Approved July 18, 1977 Adopted July 18, 1977 Adjourned Session, March 12, 1977 133 CITY COUNCIL OFFICIAL Adjourned Session, March 12, 1977. Council met at 8:30 A.M. (C.S.T.) Present — Mayor Stackis, Council- men Brady. Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that this meeting is an adjourned ses. sion of the adjourned regular session of March 10, 1977, called for the purpose of continuing the public hearing on the fiscal 1977-78 budget and acting upon such other business as may properly come before a regular meeting of the Council. The tax askings were reduced as follows: STATE FUND STRUCTURE Fund From To Minus General $4,242,129 $4,079,661 162,468 Debt Service 946,319 946,319 0 Trust & Agency 1,476,862 1,470,429 6,433 Total $168,901 OR LOCAL ACCOUNTING FUNDS General Fund Minus $48,658. Public Safety Fund 12,751 Sanitation Fund 9,950 Municipal Enterprise Fund 10,000 Recreation Fund 45,600 Sub -Total Functional funds $126,959 Transit Fund 25,400 Tort Liability Fund 2,000 Trust & Agency Fund 14,542 Total $168,901 Councilman Pregler moved approval of the reduction of tax askings in the amount of $168.901 and further moved to make same a matter of record. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 81-77 A Resolution Adopting the Annual Budget for the Fiscal Year ending June 30, 1978. BE IT RESOLVED BY THE COUN- CIL OF THE City of Dubuque, Iowa: The annual budget for the fiscal year ending June 30, 1978 as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and ap- propriation expenditures and alloca- tions to programs and activities for said fiscal year is adopted, and the Clerk is directed to make the filings required by law and to set up his books in accor- dance with the summary and details as adopted. Passed and approved on March 12, 1477, by the following vote: Yeas — Mayor Emil Stackis. Coun- cilmen Brady, Tully, Brady. Pregler. Nays — None. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Motion carried as noted above. Councilman Pregler moved that thanks be extended to the staff for the Herculean Task accomplished in fin- alizing the budget. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mayor Stackis moved and proclaimed March 21, 1977 as "IOWA AGRICUL- TURAL DAY". Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business Councilman Tully moved to adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt Approved July 18, 1977 Adopted July 18, 1977 Councilmen A uv Cl, k 134 Special Session, March 21, 1977 CITY COUNCIL OFFICIAL Special Session, March 21, 1977. Council met at 7:30 P.M. (C.S.T.) Present —Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gllbert D. Chavenelle. Mavor 0tackis read the call and stated that service thereof had been duly made and this Mecting is called for the PUR- POSE OF CONSIDERING A DOCK BOARD LEASE WITH ROBERT KEHL and acting upon such other business as may properly come before a Regular Meeting of the Council. The invocation was given by Captain Barbara Pennel, Commanding Officer of Salvation Army. Proclamations proclaiming the month of May as "Senior Citizens's Recognition Month" and Week of March 21, 1977 as "Basketball Recogni- tion Week", honoring Wahlert and Senior High Schools were read and ap- proved and signed by Mayor Stackis. Communication of Planning and Zoning Commission submitting min- utes of their meeting of March 1, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of February 15, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of January 13, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seocnded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Community Development Commission submitting minutes of their meeting of March 8, 1977; also various minutes of meetings of Committees within the Commission; and copy of by-laws and rules, present- ed and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of March 10, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting minutes of their meet- ings of March 10 and 12, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Playground and Recreation Commission submitting minutes of their meeting of March 14, 1977, 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 — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Women's Recrea- tion Assn. submitting a resume of what has transpired in the past few months as to the joining of their Ass'n. with the Men's Association (forwarded from last meeting), presented and read. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council of they so desire. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Sue Bastian, president of W.R.A., spoke to Council relative to commun- ication. Submitted a map showing 1,2 and 3 ball diamonds; Requesting to rearrange parking; Propose one softball complex complete with fence, conces- sions, rest rooms and ground mainten- ance. Have made an offer to Men's Recreation Association of 60% - 40% of Gate Receipts and 70%-30% of Conces- sion Receipts. Stated softball diamonds are needed 3 nights a week; Willing to accept what Council has to offer; Have made inquiries to the Bureau of Outdoor Recreation. Special Session, March 21, 1977 135 Councilman Pregler moved that Men's Recreation Ass'n. to give serious consideration to go along with W.R.A. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. Councilman Wertzberger moved that the communication of Women's Recreation Ass'n. be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Communication of Asst. City Man- ager submitting a request from Robert Hampton to speak to the Council rela- tive to a proposal to dispose of his in- terest in certain Urban Renewal Land, presented and read. Joe Guccione, Rock River Realty of Sterling. Illinois, addressed the Council requesting change of use of Block 14 in Urban Renewal Area; Have a buyer for half of the block; Motel -Hotel use has dwindled out. Ass't. City Manager Wittenberg stat- ed that a Hotel Complex would be remote at this time. Councilman Wertzberger moved that the commun- ication of Ass't. City Manager be received and filed. Seconded by Coun- cilman Pregler. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 14, 1977 Honorable Mayor and City Council La-.: fall the City of Dubuque was the recipient of $300 in prize money from the Iowa Development Commission as a result of participating in the 1976 Iowa Community Betterment Program. At the May 24, 1976 City Council meeting, the Dubuque Ambassadors were designated sponsors for this pro- gram, and their representative suggest- ed at that time that any prize money received be distributed to the organiza- tions used as the basis for Dubuque's entry. The final submission for compe- tition included both the Washington Park Improvement Program and the Five Flags Theater Restoration Project. We would request your direction as to the disposition of this $300.00. Gilbert D. Chavenelle City Manager Councilman Tully moved that the Prize money be awarded to the Beau- tification Committee,. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 16, 1977 Honorable Mayor and City Council I have appointed Mr. Clair A. Brashaw and Mr. Robert K. Bush to three year terms on the Heating, Ventilating, Air- conditioning and Refrigeration Board. I request your concurrence in these appointments. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and appointments be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 17, 1977 Honorable Mayor and Members of the City Council Please be advised that 1 have ap- proved the following continuation cer- tificates of sidewalk construction bonds: M.P. Kluck and Son Inc., Bond No. 28214-13-624-53 to 4-8.78 Edwards Concrete Contractors Inc., Boric No. 932751 to 4-12-78 Heitzman Construction Co., Bond No. 932726 to 4/30/78 Timmerman Construction Co., Bond No. 947516 to 4-30-78 Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the month of December, 1976, presented for Council Approval. Councilman Tully moved that the proceedings be ap- proved as printed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March !6, 1977 Honorable Mayor and City Council In response to the petition by Mr. 136 Special Session, March 21, 1977 James Richard for street lights in Sun- rise Heights Subdivision, the area has been inspected and it is recommended that two lights be installed on Boyer Street and one on Cottonwood Court. 1 have attached a copy of Electrical Inspector Alber's letter dated March 16. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication he received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 16, 1977 Honorable Mayor and City Council The communication of Mrs. Willard H. Farr was referred to the Water Department at your March 10 meeting. Enclosed is a letter from Mr. Hail and a tabulation of the apartments referred to in Mrs. Farr's letter. It is apparent that the meters are correctly placed, and Mr. Hail also in- dicated that such installations would continue to be read by city employees. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and City Clerk directed to advise Mrs. Farr. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 16, 1977 Honorable Mayor and City Council Submitted for your approval is a salary conciliation agreement between the City of Dubuque, its Dock Commis- sion and Dock Manager Shirley Lang. The proposed settlement places the Dock Manager position in the proper grade of the city's pay classification plan and also provides an equitable amount of back pay. We recommend your approval of this document. 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March S. 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the petition of the Powers Land Develop- ment Company which requested reclas- sification of 5 parcels of property. Four of the parcels are located in "Powers Place", an area bounded on the north by Asbury Road and on the west by John F. Kennedy Road. The fifth parcel is a portion of Mineral Lot 263, located at the southwest corner of the intersection of Judson Drive and Asbury Road. The location and the zoning reclassification request on each parcel is depicted on the attached map. The Commission has tabled action on Parcel 1 pending completion of the Kennedy Road report, and has scheduled a March 16, 1977, public hearing on Parcel 4 and will report their recommendations on those parcels to you at a later date. In considering the petitions, the Commission has made the following determinations: that the existing zoning classification on Parcel 2 and Parcel 3 are appropriate and that no useful purpose would be served by reclassification of those properties; that the request for OR -la Office -Re- sidential District Classification on Par- cel 5 is substantially the same request that the Commission heard in January, 1976. In denying the 1976 request the Commission noted the impact that the range and intensity of uses in the OR -1 District would have on the subject property and which might later apply to other vacant properties in the general vicinity. The Commission has found the pre- sent zoning classification on Parcels 23, and 5 to be appropriate and have voted to deny those requests. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 17, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission will consider ap- Special Session, March 21, 1977 137 plication of zoning classification on four (4) properties which were recently annexed by voluntary petition, as follows: (1) The Petition of Theisen Building Company, Inc., requesting C-3 Arterial Businesss Commercial District clas- sification on a 511 acre parcel in "Har- wood Addition". The undeveloped par- cel has frontage on the south side of U.S. Highway 20 east of Brunskill Road, as shown on the attached map. (2) The Commission will consider R -I Residential District classification on three parcels in "Henschels Black Fo- rest". The properties are in the owner- ship of Richard Henschel, Harold Con- zett, and David Willoughby. All of these properties are shown on attached maps. The Commission has scheduled public hearings on the zoning classifications for their April meeting and will report their recommendations to you. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Stephanie M. Hahlen submitting a petition containing 458 signatures of residents of the West Bnd Neighborhood Ass'n. seeking to be recognized with the City and Commun- ity Development, presented and read. Councilman Tully moved that the com- munication be received and filed and referred to the Community Develop- ment Commission. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Five Flags Build- ing Committee submitting a recom- mendation relative to management of the New Civic Center indicating that the Five Flags Center be operated by a new Five Flags Civic Center Commis- sion to be appointed by the Council, presented and read. Councilman Pregler moved that the communication be received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — Councilman Tully. Councilman Brady moved to approve Five Flags recommendation. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — Councilman Tully. Communication of Dubuque County Ass'n. for Retarded Citizens Inc. ex- tending an invitation to attend "Very Special Arts Festival" on June 3, 4 and 5th and requesting permission to block off Main Street between 4th and 5th streets for displays, presented and read. Councilman Wertzberger moved that the request be approved subject to final approval of the City Manager and Traf- fic Department. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Robert W. McCor- mick, in the amount of S40., for services rendered in the digging of a trench at 2040 Bunker Hill Road due to broken water main, presented and read. Coun- cilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Mrs. Bernice Leute, in an undetermined amount, for per- sonal injuries received in a fall on a defective sidewalk at the corner of 13th and Iowa Street on March 9, 1977, pre- sented and read. Councilman Wertz- berger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Kathryn Schroeder, in the amount of $1454.70, as the result of driving into a hole in the pavement in the alley at Seventh Street behind Dubuque Building and Loan and incurring personal injuries on March 15, 1977, presented and read. Councilman Wertzberger moved that the notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nuys — None. A RESOLUTION suggesting the 138 Special Session, March 21, 1977 Council adopt proposed amendments o the Park Board Ordinance, also approv- ing pp ing attached Park Board Resolution, presented and read. Councilman Tully moved that the motion to adopt the Resolution be tabled. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 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, mo- torcycles etc. in ity parks; repeal Sec- tion 27-62 and et act a new Section in lieu thereof to provide for open season and hours in city parks, presented and read. Councilman Tullv moved that the motion to adopt the Ordinance be ta- bled. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider Dock Board Lease with Robert Kehl, presented and read. Coun- cilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 82-77 WHEREAS, the Board of Dock Com- missioners of the City of Dubuque, Iowa have been negotiating with Robert Kehl for the negotiation of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease; and WHEREAS, a true copy of said writ- ten lease, marked "Exhibit A", is hereto attached and by reference made a pan hereof; and WHEREAS, the terms and conditions of said proposed lease should be ap. proved by the City Council of the City of Dubuque, Iowa; and WHEREAS, notice of intent to enter into said lease for a term in excess of three years has been published in the Telegraph Herald, a newspaper of gen. eral circulation published in the City of Dubuque, Iowa fixing the 21st day of March, 1977, in the City Council Chambers in City Hall, Dubuque, Iowa as the time and place of hearing on said published notice of intent to enter into lease: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the proposed written lease agreement by and between the Board of Dock Commissioners of the City of Dubuque, Iowa and Robert Kehl, a copy of which is marked "Exhibit A" hereto attached and by reference made a part hereof, be and the same is hereby approved; and that there have been no oral or written objections to the enter- ing into said lease by the Board of Dock Commissioners. Section 2. That the City Clerk be and he is hereby authorized and direct- ed to transmit a certified copy of this Resolution to the Board of Dock Com- missioners of the City of Dubuque, Iowa. Passed, approved and adopted this 21 st day of March, 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. Councilman Brady moved that the Conti Property -Bell Street Property - Fencing of the area all be referred to the Dock Commission. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Dock Commission encouraging the Council to endorse a repayment plan for the sewer installation of Rober Kehl and further requesting a budget amendment to delete $1500 from projected revenues for 1978, 1979 and 1980 projected in- come, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 12-77 AN ORDINANCE GRANTING ROBERT J. KEHL THE RIGHT TO CONSTRUCT Special Session, March 21, 1977 A SANITARY SEWER TO THE ROBERTS RIVER RIDES IN THE EX- TENSION OF EAST SECOND STREET AND PROVIDING THE TERMS AND CONDITIONS THEREOF, presented and read. Councilman Tully 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 12-71 AN ORDINANCE GRANTING ROBERT J. KEHL THE RIGHT TO CONSTRUCT A SANITARY SEWER TO THE ROBERTS RIVER RIDES IN THE EX- TENSION OF EAST SECOND STREET AND PROVIDING THE TERMS AND CONDITIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA Section 1. That Robert J. Kehl be and he is hereby granted the right to con- struct an eight inch (8") sanitary sewer in the extension of East 2nd Street. Beginning at the existing 42" sanitary sewer under the Burlington Northern Railroad tracks eastward to the east lease line of the property lease to Robert River Rides, approximately 525' upon the following terms and conditimis: (e) That the grantee agrees to con- struct said santiary sewer within one year from the date of adoption of this ordinance and pay the entire cost ther. eof including the cost of engineering, inspection and restoration of the sur- face of the street. (b) That said sanitary sewer shall be constructed in accordance with plans approved by the Iowa State Department of Environmental Quality and the City Manager and under the supervision and direction of the City Manager and City Engineer. (c) That the grantee shall enter into a contract for the construction of said sanitary sewer with a well qualified contractor which contract, among other things, will contain a clause requiring the contractor to obtain all necessary permits required by the City of Dubuque, or any other governmental agency, a clause obligating the contrac- tor and his bondsman to keep said san- itary sewer and appurtenances in good repair for a period of not less than two years from the date of acceptance of the work, and a clause requiring the con- tractor to furnish surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful per- formance of said contract. (d) That upon completion of said san. itary sewer and the acceptance of the same by the City Council, said sanitary sewer shall become a public sewer under the exclusive charge and control of the City of Dubuque. That portion of the sewer outside the lease property of Roberts River Rides shull have its free use as such shall not be interfered with by grantees or their successors or as- signs. That portion within the limits of the leased property of Roberts River Rides shall have its free use as such following the adoption by the City of Dubuque of a connection charge based on the final cost of the same which cost shall be collected by the City and paid to the grantee. Section 2. That the authority granted herein shall terminate on March 1. 1978, unless the terms and conditions of this ordinance are accepted in writing by the grantee prior to that date. Section 3. This ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 21st day of Murch, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Leo F Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 12-77 Robert J. Kehl having full knowledge and understanding of all the terms and conditions of Ordinance No. 12-77, her- eby accepts the same as passed and agrees to comply with the terms and conditions thereof. Adopted this 24th day of March, 1977. s, Robert J. Kehl Published officially in the Telegraph Herald Newspaper this 30th day of March, 1977. Leo F. Frommelt City Clerk It3:30 140 Special Session, March 21, 1977 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 14, 1977 To the Honorable Mayor and City Council Enclosed are the plat, Resolutions, and City Ordinances which have been prepared for the vacating of a portion of Water Street. The proposed vacated area begins at the Dodge Street right-of-way beneath the Julien Dubuque Bridge, and extends 480 feet southerly. The street is bounded on all sides by property owned by Mulgrew Oil Com- pany, and is used solely as access to their facility. Mulgrew Oil has requested the vacat- ing of the street and dedication of property to them. 1t is my recommen- dation that the street be vacated and deeded to Mulgrew for the cost of ad- vertising the official publications and the cost of filing the plat. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 83-77 WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa a plat, dated October 18, 1976, prepared by Shive-Hattery and Associates, Professional Engineers and Land Surveyors, covering vacated Water Street from the south property line on Dodge Street to the south property line of Lot 2 of 17 of Dubuque Harbor Addition in the City of Dubuque, Iowa, and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa; Section 1: That the Plat dated Oc. tober 18, 1976, prepared by Shive-Hat- tery and Associates, Professional En- gineers nand Land Surveyors, covering the real estate herein above described, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa; Sgctlon 2: That the City Clerk be and he is hereby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder in and for Dubuque, County, Iowa. Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. AN ORDINANCE vacating a portion of Water Street running from the South Property Line of Dodge Street to the South Property Line of Lot 2 of Lot 17 of Dubuque Harbor Addition in the City of Dubuque, Iowa, presented and read. Councilman Pregler 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 Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager submitting Ordinances and requesting approval of parking rates for the Locust Street and Iowa Street Municipal Park- ing Ramps, presented and read. Coun- cilman Brady moved that the commun- Special Session, March 21, 1977 141 ication be referred to the public hearing to be held on April 4, 1977. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Subsection (b) 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 gener- ally in the City of Dubuque, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977 at 7:30 P.M. in the Council Chambers 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal Of Section 25.307 of the Code of Ordin- ances, City of Dubuque, Iowa, and en- acting a new Section 25-307 in lieu thereof to provide time and fee schedule for specific parking lots in the City of Dubuque, presented and read. Council- man Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed and two meetings Prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Section 25-304 of the Code of Ordin- ances, City of Dubuque, Iowa and en- acting a new Section 25-304 in lieu thereof designating the various mun- icipally owned parking lots in the City of Dubuque, presented and read. Council- man Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque. Iowa, providing for the repeal of Section 25.327 of the Code of Ordin- ances, City of Dubuque. Iowa, and en- acting a new Section 25.327 in lieu thereof to provide fee schedule in the respective parking meter districts in the City of Dubuque, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by 142 Special Session, March 21, 1977 Councilman Pregler. Carried by the fol- lowing vote Yeas — Mayor Stackis. Councilmen Brady. Pregler, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Section 25-326 of the Code of Ordin- ances. City of Dubuque, Iowa and en- acting a new Section 25-326 in lieu thereof to provide for the establishment of three parking meter districts in the City of Dubuque, presented and read Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 13-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 55-76 BY STRIKING THE THIRD PARAGRAPH OF THE PREAM- BLE THEREOF AND ENACTING A NEW THIRD PARAGRAPH IN LIEU THEREOF TO STRIKE SECTION 366.7 THEREFROM AND INSERT IN LIEU THEREOF SECTION 380.8, presented and read. Mayor 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 13-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 55-76 BY STRIKING THE THIRD PARAGRAPH OF THE PREAM- BLE THEREOF AND ENACTING A NEW THIRD PARAGRAPH IN LIEU THEREOF TO STRIKE SECTION 366.7 THEREFROM AND INSERT IN LIEU THEREOF SECTION 380.8 NOW THEREFORE BE IT ORDAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 55-76 be and the same is hereby amended by repealing the third paragraph of the preamble thereof and enacting a new 'third paragraph to the preamble in lieu thereof as follows: "The City Council then determined that the said proposed Code of Ordin- ances should be adopted in its original form as now filed anddid then on the 1st day of November, 1976, adopt Ordin- ance No. 55-76 adopting said Code of Ordinances provided in Section 380.8 of the 1975 Code of Iowa." Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Special Session, March 21, 1977 143 Herald Newspaper this 25th day of March, 1977. Lea F. Frommelt City Clerk It3:25 Mayor Stackis moved final adoption of the Ordinance. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of University of Dubuque requesting permission to post direction signs on routes leading, to the University Campus, presented and read. Council- man Wertzberger moved that the peti- tion be received and filed and referred to the City Manager and Traffic Depart- ment. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of RET Corporation request- ing sewer services to Hamilton Glen Apartments, presented and read. Tom Honzel of Moline, 111. spoke to Council relative to petition. Mayor Stackis moved that the petition be received and filed and referred to the City Manager and Engineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Iowa Commission for the Blind requesting a refund of $25. on the unexpired portion of Cigarette License No. 1073, discontinued business on March 7, 1977, presented and read. Mayor Stackis moved that the refund be Grantor Dubuque Five Flags Center Fund Deed Dated February 2, 1977 Recorded as Instrument No. 1332.77 Dubuque Five Flags Center Fund Deed Dated February 2, 1977 Recorded as Instrument No. 1334.77 Dubuque Five Flags Center Fund Deed Dated February 24, 1977 Recorded as Instrument No. 1707-77 approved and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Homan Chan requesting a refund of $633.75 on the unexpired por- tion of Beer Liquor License No. C-7738 discontinued business on February 19, 1977, presented and read. Mayor Stackis moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 84-77 Accepting delivery of deeds from the Civic Center WHEREAS, pursuant to Resolutions Numbered 16-77, 17-77 and 18-77, the City of Dubuque has acquired from the Dubuque Five Flags Center Fund cer- tain real estate for the purpose of providing a site for the construction and equipping a Civic Center; and WHEREAS, the Dubuque Five Flags Center Fund has deeded to the City of Dubuque without charge the Five Flags Theater to be integrated into the Civic Center. NOW THEREFORE, BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Section t. That the delivery of deeds to the City of Dubuque for the following described parcels of real estate is hereby ratified and accepted by the City of Dubuque. Description Lot I of Block 15 in Dubuque Down- town Plaza in the City of Dubuque, Iowa, excepting therefrom the souther- ly 63.6 feet of the easterly 114 feet The southerly 63.6 feet of the east 114 feet of Lot 1 of Block 15 in the City of Dubuque. Iowa The southerly 63.6 feet of the east 114 feet of Lot 1 of Block 15 in Dubuque Downtown Plaza in the City of Du- buque, Iowa Dubuque Five Flags Center Fund Deed Lot 2 of Block 15 in Dubuque Down - Dated February 2. 1977 town Plaza in the City of Dubuque. Recorded as Instrument No. 1333-77 Iowa 144 Special Session, March 21, 1977 Section 2. That the recording of the respective deeds of convevance of title in the Office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 2, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed a fin- al plat of Lot C and Lot D of "Terrace Heights" Subdivision in the City of Dubuque, Iowa. Lot D has frontage on Peru Road and contains commercial development and a single family struc- ture. Lot C contains an established mobile home park. The Planning and Zoning Commis- sion has approved the final plat of Lot C and Lot D in "Terrace Heights" Sub- division and recommends your favora- ble consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 85-77 Resolution approving Plat of Lot C and Lot D of Terrace Heights Subdivi- sion on Peru Road in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a Plat in which the sub- division of Lot I of Lot A. Subdivision of Lot 1 of Lot 2 of Lot A; Lot 2 of Lot 2 of Lot A. Lot B of Terrace Heights Sub- division, and Lot 3 of the Northwest One Quarter of the Northwest One Quarter of Section 12, Township 88 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa is platted as: Lot C and D in Terrace Heights Sub- division in the City of Dubuque. Iowa and, WHEREAS said plat has been ex- amined by the City of Dubuque Plan- ning and Zoning Commission and has its approval endorsed therein; 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. That 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 endorse the approval of the City upon said plat. Passed, adopted and approved this 21st day of March, A.D., 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 86-77 Authorizingsubmissionofa request for Release of Funds for Certain Community Development Block Grant Project WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures, for the Community Development Block Grant Program, covened an ad hoc committee on May 19, 1976, and completed an Environ- mental Assessment of the proposal (project) for the Removal of architec- tural barriers which impede the mobili- ty of the elderly and handicapped in the downtown area. WHEREAS, pursuant to Resolution Special Session, March 21, 1977 145 No. 186.76 adopted May 24, 1976, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) 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 "Finding of No Significant Effect on the Environment" for the proposal (project) 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 appro- priate 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 RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for the proposal (project) 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 tosubmit to the U.S. Depart- ment of Housing and Urban Develop- ment five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, a request for release of funds to undertake the said project. 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 environmen- tal 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. Seetton S. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer- tification pertaining to the environ- mental review procedures. Section 6. That the City Clerk be and he is hereby authorized and direct- ed to publish a public notice for a Request for Release of Funds and Cer- tification in form of Exhibit "A" at- tached hereto and made a part hereof. Passed, approved, and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City of Dubuque intends to file a request five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds. Removal of architectural barriers which impede the mobility of the elderly and handicapped in the downtown area. 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 30th day of June, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Emil Stackis. 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 Emil Stackis, in his official capacity as Mayor, consent to accept the jurisdic- tion of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews. 146 Special Session, March 21, 1977 decision-making, and action: and these responsibilities have been satisfied. 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 Environmental Policy Act of 1969. HD approval of the release ll accept any objection to its of funds and acceptance of the cer- tification 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 the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106 Objections to the release off unds on bases other than those stated above will not be considered by HUD. No objection received after the .30th day of June, 1977, will be considered by HUD. Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 87-77 A Resolution approving guidelines for the concentrated Rehabilitation Loan and Grant Program and Providing Rules for 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 Concentrated 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 ha., heretofore approved of such Guidelines Passed, adopted and approved thi! 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Brady read the follow- ing statement and requested it be en- tered in the Record. "I am in agreement with the concept of Rehabilitational Land and Grant Program as adopted tonight. But I would like to again stress my concern that the program not now or in the future be narrowed in its ap- plication so as to channel a majority of funds into specific demonstration blocks within a target area, thus de- priving other applicants within the tar- get area of funds. s, James E. Brady Councilman 3-21-77" Councilman Wertzberger moved concurrence with the statement. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Abstain — Councilman Tully. RESOLUTION NO. 88-77 NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque; Section 1. That the grant of easement dated March 3, 1977, to the City of Dubuque, Iowa by Richard C. Henschel and Mildred L. Henschel be and the same is hereby accepted. Section 2. That the City Clerk is her- eby directed to have said grant of ea- sement and a certified copy of this Re- solution to be filed in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Special Session, March 21, 1977 147 Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 14. 1977 To the Honorable Mayor and City Council As a prerequisite to receiving Federal Aid Assistance for any road construc- tion projects involving right-of-way purchase, it is necessary that the City make assurances to the Iowa Depart- ment of Transportation that the procedures outlined in the 1970 Uniform Relocation Assistance and land Acqui- sition Policites Act will be followed. In the past we have been following these same rules and regulations on all federal aid projects. This is a yearly assurance of our policy of providing such assistance in accordance with the 1970 Act. The attached Resolution authorizes the Mavor to sign the document on behalf of the City Council and directs the City Clerk to File the document with the Iowa Department of Transportation. 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. RESOLUTION NO. 89-77 WHEREAS, the City of Dubuque, Iowa may be making application to the Iowa Department of Transportation for Federal Funding of highway construc- tion projects requiring right-of-way purchase, and WHEREAS, it is necessary to comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acqui- sition Policies Act for such federal aid projects, and WHEREAS, it is the policy of the City Of Dubuque to acquire right-of-way and to provide relocation assistance benefits for federal aid projects in accord with the 1970 Act. NOW, THEREFORE, BE IT RE. SOLVED BY THE City Council of the City of Dubuque. Iowa, that the Mayor be and he is hereby authorized and directed to execute the attached right- of-way assurance statement, and that the City Clerk be and he is hereby dir- ected to file the document with the Iowa Department of Transportation. Passed, adopted, and approved this 21st day of March, 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. RESOLUTION NO.90-77 Endorsing the Dubuque Ambassador as Sponsors for the 1977 Iowa Community Bettenrtent Program WHEREAS, the City Council en- dorsed the Dubuque Ambassadors as the sponsoring organization for the Ci- ty of Dubuque in the 1977 Iowa Com- munity Betterment Program; and WHEREAS, it is recognized that par- ticipation within this program stimulates civic awareness and gener- ates community spirit; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to continue its participation in the Iowa Community Betterment Program; now therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Dubuque Ambassadors is endorsed as the spon- soring organization for the City of Dubuque in the Iowa Community Bet- terment Program, and they are author- ized to enter the Community Awards Competition on behalf of the community. Section 2. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to serve as the of- ficial liaison of the Dubuque City Council with the Dubuque Ambassadors. Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: 148 Special Session, March 21, 1977 Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzherger. Nays — None. RESOLUTION NO. 91-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the Citv 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 Lavern Nicholas Hennen, 33(4) Asbury Road Earl Edmond Schumacher. 2204 Central Ave. Passed, adopted and approved this 21st day_ of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Bradv moved adoption of the Resolution. Seconded by Mayor Stackis, Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 92-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Lavern Nicholas Hennen, 3300 Asbury Road Earl Enmond Schumacher. 2204 Central Ave. Passed, adopted and approved this 21st day of March, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. C ommunication of Don Deich requesting City to consider charging a fee for dumping sewage into the Sani- tary Sewer pumping station at Terminal Street by septic tank contractors, pre- sented and read. Councilman Brady moved that the communication be received and filed and referred to the City Manager for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business, Councilman Brady moved to adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt Cit C rk QQ Approved July 18, 1977 Adopted July 18, 1977 Special Session, March 30, 1977 149 CITY COUNCIL OFFICIAL Special Session, March 30, 1977 Council met at 4:15 P.M. (C.S.T.) Present — Mayor Stackis, Council- men Brady. Pregler, Tully, Wertz- berger. City Manager Gilb*rt D. Chavenelle Mavor Stackis 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 business as may properly come before the meeting. At 4:50 P.M. Mayor Stackis moved that the Council go into executive ses- sion to consider fact finders report on negotiations with the General Drivers Local Union 421. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: 4 Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. The Council reconvened in regular session at 5:17 P.M. Councilman Wertz- berger moved that in view of the fact finder's report the City go into arbitra- tion. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Mayor Stackis. There being no further business Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Approved July 18, 1977 Adopted July 18, 1977 Regular Session, April 4, 1977 149-A CITY COUNCIL OFFICIAL Regular Session. April 4, 1977. Council Met at 7:30 P.M. (C.S.T.) Present — Mayor Stackis. Council- men Brady, Pregler, Tully. Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor$tackis read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the Meeting. Invocation was given by Rev. Robert R Williams, Pastor of Immanuel United Church of Christ. Lee Thacker. Executive Director of United Fund. was introduced by Gent Wittenberg. CITY OF DUBUQUE SPECIAL CITY COUNCIL ELECTION MARCH 22, 1977 Stote of Iowa. Dubuque County, 55: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do hereby certify that the following is a true and correct obstrnct of the votes cast for each of the Dubuque City candidates in the Special city Council election held on March 22, 1977 as listed and enumerated herein below by precinct and in accordance with the respective returns from the precinct election officials. Total Donald E. Alfred M. Joseph C. Wayne A Feral A. Walter A. Persons Precinct Deich Goteno Jr. Lytle Jr. Moldenhouer Nester Pregler Voting 1 17 39 134 10 275 383 2 9 20 0 25 9 64 127 3 70 54 7 43 6 115 245 4 53 41 IS 66 12 232 419 526 38 10 31 6 97 211 6 41 41 0 29 6 84 201 7 19 31 4 19 5 70 148 8 28 26 6 29 8 11 177 9 13 11 7 27 11 81 157 10 16 19 8 47 9 94 190 I1 23 31 16 59 17 142 296 12 19 27 18 72 19 131 182 6 195 346 13 22 27 c 97 12 ID2 161 14 20 3S 7 85 103 251 15 30 40 10 67 5 16 26 35 4 67 10 108 250 17 27 47 6 88 B 192 365 IB 15 28 17 68 6 151 282 19 26 40 16 93 14 194 394 20 25 56 7 60 12 127 289 7110 38 10 34 6 149 247 72 11 27 13 41 0 151 252 73 29 46 14 56 14 131 790 24 12 14 24 a8 23 153 315 25 3 18 11 57 20 155 2M Absentee 4 5 3 19 7 33 73 Totals S39 830 254 1392 2T3 3411 6710 Wr further certify that at the Special City Council election held on March 22, 1977, Walter A. Pregler having received the largest number of votes in said Citv Council Special election, was declared elected to fulfill the on term of Alvin E. Lundh. ABSENT Wilfred Bahl. Member Donald C. Meyst ers. Cha i man Lloyd C. County AudlHo yes, Member Commissioner of Elections 1, George J. Brown, duly elected and acting County Auditor and Commissioner of Elections of he above and Dubuque Countv. Iowa ue and correct abstract dof the canvass y certify that twithin canvass of theSpeciial City Couheldncil election ld on Marcpage.2, 1977 In testimony, whereof. witness my hand and seal of the County of Dubuque. Iowa this 26th day of March. 1971. George J. Brown, County Auditor and Commissioner of Elections Dubuque County, Iowa ABSENTEE PRECINCT 77 Requests 71 Voted 5 Reiected (Not voted) 1 Not Returned 77 2 Challenged (Not voted) ed 0 Councilman Tully movedCouncilman Wertzberger 1hat Carried by thethesfolllowingi ved vo eo YeasdMovoraStacklsr Councilmen Brody, Pregler. Tully, Wertzberger Novs--None City Clerk Leo F. Frommelt swore in newly elected Councilman Walter A. Pregler. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of March 22, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler Carried by the following vote: Yeas — Mayor Stackis, councilmen Brady, Pregler, Tully, Wertzberger. Nays — None.. Communication of Playground & Recreation Commission submitting minutes of their meeting of March 14, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote' Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Regular Session, April 4, 1977 Nays — None. Communication of Dubuque Airport Commission submitting minutes of their meeting of March 23, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meeting of March 2, 1977, present- ed and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Commis- sion submitting minutes of their meet- ing of March 15, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Planning & Zon- ing Commission submitting minutes of their meetings of March 16 and March 17, 1977, presented and read. Council- man Tully moved that the minutes be received and riled. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Citizens Advisory Commission submitting minutes of their meeting of March 22, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Me- tropolitan Area Transportation Study (DMATS) submitting minutes of their meeting of February 24, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Administrative Assistant Koppes advising of the up- coming Youth in Government activities 4, 1977 to take place on April 18, 19 and 20th, 1977, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Robert Fox requesting to be heard to formally no- tify the Council of the existance of a Chapter of the German -American Na- tional Congress here in the City, pre- sented and read. Mayor Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Robert Fox spoke to the communica- tion stating membership now totals 88; hoping for 200. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Daniel Berger et ux indicating concern as to the City's responsibility for the freeze-up of a sewer line near their home at 1279 Thomas Place, presented and read. Councilman Tully moved that the com- munication be received and filed and referred to the Street Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of TV -FM Advisory Commission submitting two names for appointment to their Commission, pre- sented and read. Councilman Tully moved that the communication be referred to the Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Mun- icipal Airport Manager in response to Councilman Tully's concern as to the illegal Part 135 operations, "Fly for Hire" aircraft operation, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Regular Session, April 4,1977 Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communications of DOT advising of Catfish Creek Bridge Repair on U.S. 52 and on U.S. 20, also notification that they propose to let a bridge repair con- tract on Highway 386 in April over C.N.W. R.R. near north corporation line, presented and read. Councilman Tully moved that the communications be received and riled and referred to En- gineering Staff. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager submitting reports of the Finance Di- rector, Treasurer, Health Department, Water Superintendent, as well as list of claims paid, for the month of February, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of List of Receipts and Expenditures, also list of claims paid for month of February. 1977, presented 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of public notice indicating acceptance by the Federal Government of the second year program of Housing & Community Development, presented and read. Councilman Tully moved that the proof of publication be receivedand filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. ad- vising of issuance of construction per- mit for construction of sanitary sewer extension to Robert Kehl, presented and read. Councilman Tully moved that the communication be received and filed. Sectnded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. 151 Nays — None. Communication of Mark Hartung requesting a rebuttal with Councilman Tully on his views of Hempstead High School spirit which was stated at the Council Meeting of March 14th, pre- sented and read. Dan Merritt, a Hempstead student, addressed the Council relative to the communication. Councilman Tully moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Zrady, Pregler, Tully, Wertzberger. Nays — None. Verbal Request of C. Robert Just - mann requesting to address the Council on Sculpture and residence program opportunities of the City was allowed. Mr. Justmann and Mr. Henkels ad- dressed the Council showing films of the Program. After discussion with Council and requesting $2,000 in matching funds, kind consideration was given by the Council but no indication of support was given for matching funds as sug- gested by petitioners. Communication of Citizens Advisory Commission requesting the immediate appointment of Donald Deich to the Community Development Commission, presented and read. Councilman Pregler moved that the communication be referred to Council. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation commission requesting action on the appointment of four members to the Commission, presented and read. Councilman Pregler moved that the communication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 28, 1977 Honorable Mayor and Members of the City Council I have approved the following sidewalk construction continuation bond: and desire to have your approval of same. Patrick T. O'Dowd, United Fire & Casualty Co., Bond No. 55.54096 from April I, 1977 to April 1, 1978 also Sidewalk construction bond of Greg J. Hammel, Bond dated March 29, 1977 U.S. Fidelity & Guaranty Co. Gilbert D. Chavenelle City Manager 152 Regular Session, April 4, 1977 Councilman Pregler moved that the communication be received and filing approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Mayor Stackis requesting a survev as to the continued need and effect of diverters in the Wa- shington Street Neighborhood, to be done by the Citizens Advisory COmmiS- sion, presented and read. Eldon Powers of 1471 Washington St., addressed the Council as being in favor of diverters. Councilman Pregler moved that the communication he referred to the appropriate agency and a report be given within a reasonable time. Seconded by Councilman Wertzberger. Carried by tate following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tullv, Wertzberger. Na_vs — None. March 17, 1977 Honorable Mayor and City Council On February 21, 1977, Dallas Lange filed claim against the City of Dubuque claiming damages in the amount of $989.92 allegedly occurring on December 26, 1976, as the result of a ruptured water pipe under the street at said address. This matter was referred to the ap- propriate City agency who has made an investigation thereof and has made written report to the City Attorney's Office of no liability or responsibility on the part of the City of Dubuque. In view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Dallas Lange be denied. Original claim is returned herewith. R.N. Russo Citv Attornev Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Carol Ruff, in the amount of $30,000., for personal injuries received in a fall on a defective sidewalk while jogging on March 7, 1977, at the intersection of 18th & Washington Streets, presented and read. Council- man Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, on public hearing on the parking rates and parking meter dis- tricts, presented and read. No written objections were fled at the time set for the hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager requesting approval of parking rates for the Locust & Iowa Street Municipal Parking Garages, presented and read. Councilman Tullv moved that the communication be tabled to the Coun- cil Meeting of May 2, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Tully, Wertzberger. Nays — None ORDINANCE NO. 14-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SUBSECTION (b) OF SECTION 25-220 OF THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA AND ENACTING A NEW SUB- SECTION (b) OF SECTION 25-220 IN LIEU THEREOF TO ESTABLISH SPEED LIMITS GENERALLY IN THE CITY OF DUBUQUE, said Ordinance having been previously presented at the Council Meeting of March 12, 1977, presented for final adoption. ORDINANCE NO. 14-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SUBSECTION (b) OF SECTION 25-220 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SUB- SECTION (b) OF SECTION 25-220 IN LIEU THEREOF TO ESTABLISH SPEED LIMITS GENERALLY IN THE CITY OF DUBUQUE NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection (b) of Sec. 25.2211 of the Code of Ordinances, City of Dubuque, Iowa be and the same is her- eby repealed ard a new Subsection (b) of Sec. 25-220 be enacted in lieu thereof as follows: "(b) The following shall be lawful Regular Session, April 4,1977 speed except as otherwise provided in this Code or other ordinance of the City, and any speed in excess thereof shall be unlawful. (1) Twenty (20) miles per hour in any business district except as provided in Subsections 5, 6, 7, 8, 9, 10and 11 of this division. (2) Twenty-five (25) miles per hour in any residence or school districts except os provided in Subsections 5, 6, 7, 8, 9, 10 and l l of this division. (3) Forty (40) miles per hour for any motor vehicle drawing another vehicle in any district oron any street where the lawful speed is in excess of forty (40) miles per hour. (4) Forty-five (45) miles per hour in any suburban district except as provid. ed in Subsection 14 of this division. (5) Thirty-five (35) miles per hour on Locust Street between Southern Aven- ue and Dodge Street. (6) Thirty-five (35) miles per hour on Dodge Street from Bluff Street to Devon Drive. (7) Thirty-five (35) miles per hour on West Thirty -Second Street from North Grandview Avenue to John F. Kennedy Road (8) Thirty-five (35) miles per hour on Pennsylvania Avenue from Vizaleea Street to the westerly city limits. (9) Thirty-five (35) miles per hour on John F. Kennedy Road from Highway Number 20 to Asbury Road. (10) Thirty-five (35) miles per hour on North Grandview Avenue from Ungs Street to West Thirty -Second Street. (11) Thirty-five (35) miles per hour on Carter Road from Kane Street to West Thirty -Second Street. 02) Fifty-five (55) miles per hour for southbound vehicles on Kerrigan Road from Southern Avenue to the City limits and for northbound vehicles on Ker- rigan Road from the city limits to Mt. Carmel Road. (13) Fifteen (15) miles per hour in Murphy, Eagle Point and Flora Parks. (14) Thirty-five (35) miles per hour on Kerper Boulevard from Pine Street to Hawthorne Street." Passed, approved and adopted this 4th day of April 1977. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph 153 Herald this 7th day of April 1977. Leo F. Frommelt City Clerk It4/7 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque, Iowa providing for the repeal of Section 25-307 of the Code of Ordin- ances, City of Dubuque, Iowa and en- acting a new Section 25-307 in lieu thereof to provide time and fee schedule for specific parking lots in the City of Dubuque, said Ordinance having been previously presented and read at the Council Meeting of March 21, 1977, presented for final adoption. Council- man Wertzberger moved to table the Ordinance to the Council Meeting of May 2, 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 15-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 25-304 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-304 IN LIEU THEW EOF DESIGNATING THE VARIOUS MUNICIPALLY OWNED PARKING LOTS IN THE CITY OF DUBUQUE, said Ordinance having been previously presented and read at the Council Meeting of March 21. 1977, presented for Final adoption. ORDINANCE NO. 15-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 25.304 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-304 IN LIEU THER- EOF DESIGNATING THE VARIOUS MUNICIPALLY OWNED PARKING LOTS IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. phut Sec. 25-304 0( the Code of Ordinances, City of Dubuque. Iowa be and the same is hereby repealed and that a new Sec. 25-304 be enacted in lieu thereof, as follows: "Sec. 25-304. DESIGNATED. The various municipally owned park - ink lots in the City shall be designuted numerically as follows: 1.ot No. 1. The lot situated between 155 Regular Session, April 4, 1977 Ninth and Tenth Streets and Iowa Street and Central Avenue. Lot No. 2. The lot situated at the northwest corner of Ninth and Bluff Streets and running parallel to Ninth Street. Lot No. 3. The lot situated at the northwest corner of Fifth and Bluff Streets. Lot No. 4. The lot situated at the southwest corner of Fourth and Iowa Streets. Lot No, 5. The lot situated on the middle 115 of Out Lot 448 in the City of Dubuque. Lot No. 6. The lot situated on the southwest corner of Eleventh and Bluff Street. Lot No. 7. The lot situated on the northwest corner of Fourth and White Streets. Lot No. 8. The lot situated on the southeast corner of Tenth and Bluff Streets. Lot No. 9. The lot situated on Fifth Street and the alley east of Locust Street and running parallel to the alley from Fifth to Sixth Street. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommel[ City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of April 1977. Leo F. Frommelt City Clerk It 4/7 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Section 25-327 of the Code of Ordin- ances, City of Dubuque, Iowa, and en- acting a new Section 25-327 in lieu thereof to provide fee schedule in the respective parking meter districts in the City of Dubuque, said Ordinance having been previously presented and read at the Council Meeting of March 21, 1977. presented for final adoption. Council man Wertzberger moved to table the Ordinance to the Council Meeting of May 2. 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzbe.rger. Nays — None. ORDINANCE NO. 16-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-326 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-326 IN LIEU THER- EOF TO PROVIDE FOR THE ESTAB- LISHMENT OF THREE PARKING METER DISTRICTS IN THE CITY OF DUBUQUE, said Ordinance having been previously presented and read at the Council Meeting of March 21, 1977, presented for final adoption. ORDINANCE NO. 16-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 25-326 OF THE CODE OF ORDINANCES. CITY OF DUBUQUE. IOWA AND ENACTING A NEW SECTION 25-326 IN LIEU THER- EOF TO PROVIDE FOR THE ESTAB- LISHMENT OF THREE PARKING METER DISTRICTS IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sec. 25-326 of the Code of Ordinunces, City of Dubuque, Iowa be and the same is hereby repealed and that a new Sec. 25-326 be enacted in lieu thereof as follows: "Sec. 25-326. Districts. There are hereby established three (3) parking meter districts in the City to be known as Parking Meter Districts A, B and C to be composed of streets and/or portions thereof as follows: PARKING METER DISTRICT A 1. Bluff Street, West side between 7th and 9th Streets. 2. Locust Street, West side between 5th and 8th Streets and both sides between 9th and 10th Streets. 3. Main Street, both sides between 1st Street and 4th Street and East side between 9th and 10th Streets and both sides between 10th and I I th Streets. 4. Iowa Street, both sides between I Ith and 12th Streets and the East side from 13th Street to Lotus Blvd. 5. Sixth Street, both sides between Locust Street and Bluff Street. 6. Seventh Street, both sides between Locust Street and Bluff Street and both sides between Central Avenue and Iowa Street. 7. Central Avenue, both sides between Regular Session, April 4, 1977 4th Street and 18th Street and the East side thereof between 18th and 19th Streets. 8. Eighth Avenue, South side between Locust and Bluff Streets and Northside from Central Avenue to alley. West, and the South side from White St East fora distance of Sixty-six (66) feet. 9. Ninth Street, Northside between Iowa and Locust Streets, and the South side between Locust and Bluff Streets. 10. Tenth Street, both sides between Iowa and Locust Streets. 11. Thirteenth Street, both rides between Central Avenue and Iowa Street. 12. First Street, both sides between Main Street and Locust Street. PARKING METER DISTRICT B 1. Bluff Street, East side between 5th and 6th Streets and both sides between 6th and 7th Streets and both sides between 10th and 11th Streets. 2. Locust Street, zoth sides between 1st and 2nd Streets and both sides between 3rd and 4th Streets and the west side between 4th and 5th Streets and both sides between 10th and 12th Streets. 3. Main Street, West side from West 1st Street south fora distance of 210 feet and the East side south fora distance of 360 feet and both sides between 4th and 5th Streets and both sides between 11th and 13th Streets. 4. Iowa Street, both sides between 3rd and 4th Streets and both sides between IOth and lith Streets and both sides between 12th Street and 13th Street and the west side between 13th and Lonas Boulevard. 5. Second Street, both sides between Main and Locust Streets. 6. Third Street, both sides between Main and Locust Streets and North side between Iowa and Main Streets. 7. Fourth Street, both sides, between White Street and Central Avenue and south sine between Central Avenue and Iowa Street and both sides between Iowa Street and Locust Street. 8. Fifth Street, South side between Central Avenue and Locust Street. 9. Eighth Street, North side between Bluff Street and University Avenue and South side from Bluff Street west for a distance of approximately 300 feet. 10. Tenth Street, North side between Central Avenue and Iowa Street. 11. Eleventh Street, both sides between Central Avenue and Bluff Street. 12. Twelfth Street, North side between Central Avenue and Iowa Street and South siee between Iowa and Main Streets. 155 13. Thirteenth Street, both sides between Iowa Street and Main Street. H. Sixteenth Street, both sides one- half block East and West of Central Avenue. 15. Seventeenth Street, South side one-half block East and West of Central Avenue. 16. Eighteenth Street, South side one-half block East of Central Avenue. PARKING METER DISTRICT C 1. Bluff Street, both sides between 4th and 5th Streets and both sides between 11th and 12th Streets. 2. Locust Street, both sides between 12th Street and Lo►as Boulevbrd, 3. Main Street, both sides between 13th Street and Loras Blvd. 4. Iowa Street, both sides between 2nd and 3rd Streets. 5. Central Avenue, both sides between 3rd and 4th Streets. 6, White Street, West side between 11th and 13th Streets and the West side between East 14th and East 15th Streets. 7. Second Street, both sides between Iowa and Main Streets. 8. Third Street, South side between Iowa and Main Street. 9. Fourth Street, both sides between Locust and Bluff Streets. 10. Fifth Street, both sides between Central Avenue and White Street and both sides between Locust and Bluff Streets. 11. Sixth Street, both sides between Central Avenue and White Street. 12. Seventh Street, both sides between Central Avenue and White Street. 13. Eighth Street, both sides between Central Avenue and WhiteSt set and jest the South side from a point westerly of Bluff Street to University Avenue. H. Ninth Street, both sides between Central Avenue and White Street. 15. Tenth Street, both sides between Central Avenue and White Street. 16. Eleventh Street, both sides between Central Avenue and White Street. 17. Twelfth Street, both sides between Main and Bluff Streets. 18. Thirteenth Street, both sides between Central Avenue and White Street and both sides between Main and Locust Streets. 19, West Fifteenth Street, both sides one-half block West of Central Avenue. 20. East Fifteenth Street, North side one-half block east of Central Avenue and the South sine from Central Avenue to White Street." this Passed, approved and adopted 156 Session, April 4,1977 4th day of APHI. 1477. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City ClerK Published officially in the Telegraph Herald Newspaper this 7th day of April 1977. Leo F. Frommelt City Clerk lt4i7 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider disposal of Lot IA of Dubuque Harbor Co.'s Addition to Mulgrew Oil Co., 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 Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 17-77 AN ORDINANCE VACATING A POR- TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF DODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of March 21, 1977, presented for final adoption. ORDINANCE NO. 17-77 AN ORDINANCE VACATING A POR- TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF DODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA WHEREAS, Mulgrew Oil Co., 85 Ter- minal Street, as owner of Lot 2 of Lot 15, Lot 2 of Lot J6, Lot I of Lot 17, Lot 2 of Lot 17, Lot 18, Lot 1 of Lot 16A, and vacated Charter Street all in Dubuque Harbor Co.'s Addition, has petitioned the City Council for the vacation of Water Street from the south property line of Dodge Street to the south property line of Lot 2 of Lot 17 of Dubuque Harbor Co.'s Addition, all above real estate situated in the City of Dubuque, Iowa: and WHEREAS, Shive-Hattery & As- sociates has prepared and submitted to the City Council said plats showing the said street, together with Lot 16, Lot 2 of Lot 15, Lot 1 of Lot 16A, Lot I of Lot 17, Lot 2 of Lot 17, Lot 18 and vacated portion of Charter Street, all in Dubuque Harbor Co.'s Addition and assigned a number thereto and which shall hereafter be known and described as Lot IA of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa; and WHEREAS, the City Council of Dubuque, Iowa has determined that this street is no longer required for public use and the vacation of said street known as Lot IA of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa should be approved. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said real estate de- scribed as Lot IA of Dubuque Harbor Co.'s Addition in Dubuque, Iowa be and the same is hereby vacated. Sectlon 2. That the City Clerk be and he is hereby authorized and directed to cause Notice of intent to dispose of said real estate described as Lot IA of Dubuque Harbor Co.'s Addition running from the south property line of Dodge Street to the south property line of Lot 17 of Dubuque Harbor Co.'s Addition to %4ulgrew Oil Co. Section 3. That the conveyance of said Lot IA of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa be and the same is hereby approved upon payment of $1.00, and upon Payment of cost of publication and filing cost. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Regular Session April 4, 1977 WHEREAS and published notice or tune one plan of hearing. publishoO .n the lele graph -Nereid, a newspalpe, of germfOl circulation publishec on March 76 1977, rn the City of Dubuque Iowa the City Council of the, City of Dubuque. Iowa met on the 4th day of A V 1977 at 7:30 o cloth P.M (CST) in the Chy Council Chambers. City Malt. Dubuque lows to Goari1111W ttv 1 . sa tr dispose of bs*" l of 19111111 Chy of Dubuout Iowa m rMi OSUM 1110911110111, ahe, ttescribeto M MULGMW Ott. 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Nradt t yttw 1 taN+ \'e+t shrrytrt Nava -- Nnnr Mrh+ M IQ"' i4rmnr'sttlF Mavtti anti C it t t rnanril ^Y Yn11t wrN` W -4441+n to Ipnerpr1- I11"' 0w neletivt tvt fy nrr,trtrtPtl liial rnir Al t t vN•*YatNrr, rwiltionrr M•ac t-tvfr•ttr41l to tar• Ifformhtil, and lrththlt t nmmtation Its, ttlr•tr +*tiutrt and rt+rnmmrndatinn rfr, fitales attd tvimt," rra rff the 1hrwlrt 1r?. -a, Arlrblft►x Ekrat9 nary to rnnWrr InllN+ ilAe arn+t!efrte!t►t+' !ri thr r+ttlinanre that were ,.a',w a' itr "Ma ! ^oamwll's t+rnrk ore Wit. • 'tic suW!tted t'r :'i r nar w+rt• ^slvoidillit0#4 by the phinning nnrtnete,rRt a !f#Vop fKtKr'ir1 tYtr*rtitik !rt *' a rirtrt!r awlt Zen" I. t,mmis woo, mm a tltmotffAm ed the, yn S *W.0v,*4 0+0!Ittrvlftlom C11r41n #rnatr+ ; If..*,? PL41SN" d " 0`YMt1 w' 156 Regular Session, April 4. 1977 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger ,lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt Citv Clerk Published officially in the Herald Newspaper this 7th de 1977. Leo F. Frommel City Clerk I t 417 Councilman Wertzbergerrr adoption of the Ordinance. Se Councilman Tully. Carried t lowing vote: Yeas — Mayor Stackis, C, Brady, Pregler, Tully, Wertzb, Nays — None. Proof of Publication, certi the Publisher, of Notice of I consider disposal of Lot I of Harbor Co.'s Addition to Mr Co., presented and read. N objections were filed and no tors were present in the Chamber at the time set for ti Councilman Pregler move( proof of publication be rec filed. Seconded by Councilm berger. Carried by the followi Yeas — Mayor Stackis, C Brady, Pregler, Tully, Wertzb Nays — None. ORDINANCE NO. 17 AN ORDINANCE VACATIN TION OF WATER STREET FROM THE SOUTH PROPE OF DODGE STREET TO Th PROPERTY LINE OF LOT 2 OF DUBUQUE HARBOR Cl TION IN THE CITY OF f IOWA, said Ordinance having been presented and read at th Meeting of March 21, 1977, pr final adoption. ORDINANCE NO. 17-77 AN ORDINANCE VACATING A POR. TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF DODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA WHEREAS, Mulgrew Oil Co., 85 Ter- minal Street, as owner of Lot 2 of Lot 15, Lot 2 of Lot 16, Lot I of Lot 17, Lot 2 of Lot 17, Lot 18, Lot I of Lot 16A, and vacated Charter Street all in Dubuque Harbor Co.'s Addition, has petitioned the City Council for the vacation of Water Street from the south property line of Dodge Street to the south property line of Lot 2 of Lot 17 of Dubuque Harbor Co.'s Addition, all n%r.. —1 oOfM..0-1.ed i. fkn r:r., _Ir RETAKE OF PRECEDING DOCUMENT Regular Session, April 4, 1977 Herald Newspaper this 7th day of April 1977. Leo F. Frommelt Citv Clerk It 4/7 Councilman Pregler moved final adoption of the Ordinance. Seconded 157 of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. J tzberger dy egler n Nuypfwa ay toy( ut puoa(uuurr uau l au tg cost. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph uuouque wut reserve unto Iweu au easements for utilities and for In- gress and egress to repair and maintain the same. Section 2. That the Mayor and Citv 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. Soetlon 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy 0 d adoption J by Coun- I by the fol- -ouncilmen berger. rch 30, 1977 January 25, d Historical referred to ommission endation. the Preser- to consider ordinance that were s work ses- gested revi- le Planning meeting of g Commis- dorsed the tion Ordin- er separate n Advisory ING ore •evelopment d that the communication be received and filed. Seconded by Councilman Wertzberger. tarried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. March 30, 1977 Honorable Mayor and City Council On behalf of the Ad He s d sevatson submit Advisory Board, 1 am p a revised Historical Preservation Ordin ance for Dubuque. A number of amendments have been 156 Regular Session. April 4,1977 4th day of April, 1977. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of April 1977, Ixo F. Frommelt City_ Clerk It 4/7 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider disposal of Lot 1 A of Dubuque Harbor Co.'s Addition to Mulgrew Oil Co., 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 Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 17-77 AN ORDINANCE VACATING A POR- TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF DODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of March 21, 1977, presented for final adoption. ORDINANCE NO. 17.77 AN ORDINANCE VACATING A POR- TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF DODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA WHEREAS, Mulgrew Oil Co., 85 Ter- minal Street, as owner of Lot2of Lot 15, Lott of Lot 16, Lot 1 of Lot 17, Lot 2 of Lot 17, Lot 18, Lot 1 of Lot 16A, and vacated Charter Street all in Dubuque Harbor Co.'s Addition, has petitioned the City Council for the vacation of Water Street from the south property line of Dodge Street to the south property line of Lot 2 of Lot 17 of Dubuque Harbor Co.'s Addition, all above real estate situated in the City of Dubuque. Iowa; and WHEREAS, Shive-Hattery & As- sociates has prepared and submitted to the City Council said plats showing the said street, together with Lot 16, Lot 2 of Lot 15, Lot 1 of Lot 16A, Lot I of Lot 17, Lot 2 of Lot 17, Lot 18 and vacated portion of Charter Street, all in Dubuque Harbor Co.'s Addition and assigned a number thereto and which shall hereafter be known and described as Lot IA of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa; and WHEREAS, the City Council of Dubuque, Iowa has determined that this street is no longer required for public use and the vacation of said street known as Lot IA of Dubuque Harbor Co.'s Addition in the City of Dubuque. Iowa should be approved. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said real estate de- scribed as Lot IA of Dubuque Harbor Co.'s Addition in Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby authorized and directed to cause Notice of intent to dispose of said real estate described as Lot IA of Dubuque Harbor Co.'s Addition running from the south property line of Dodge Street to the south property line of Lot 17 of Dubuque Harbor Co.'s Addition to Mulgrew Oil Co. Section 3. That the conveyance of said Lot IA of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa be and the same is hereby approved upon payment of $1.00, and upon payment of cost of publication and filing cost. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Session, April 4, 1977 Herald Newspaper this 7th day of April 1977. Leo F. Frommelt City Clerk It 4/7 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzherger. Nays — None. RESOLUTION NO. 93-77 WHEREAS. pursuant to Resolution and published notice of time and place of hearing, published In the Tele- graph -Herald, a newspaper of general circulation published on March 28, 1977, In the City of Dubuque, Iowa, the City Council of the City of Dubuque. Iowa met on the 4th day of April, 1977 at 7:30 o'clock P.M. (CST) In the City Council Chambers, City Hall, Dubuque. Iowa to consider the propo- sal to dispose of interest of the City of Dubuque, Iowa in real estate, herein- after described to MULGREW OIL CO., and WHEREAS. City Council of the City of Dubuque. Iowa over -ruled any and all objections, oral or written to the proposal to dispose of Interest of City of Dubuque, Iowa in the hereinafter described real estate to MULGREW OIL CO.: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of inter- est of City of Dubuque, Iowa in and to, and the conveyance of: Lot IA of Dubuque Harbor Co.'s Addi- tion in the City of Dubuque, Iowa to MULGREW OIL CO. be and the same is hereby approved for the Purchase price of $1.00 plus costs of Publication, platting and recording fees and that no abstract of title will be furnished, conveyance shall be by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities and for in- gress and egress to repair and maintain the same. SmIllon 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. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy 157 of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. March 30, 1977 Honorable Mayor and City Council At vour work session of January 25, 1977, the matter of a proposed Historical Preservation Ordinance was referred to the Planning and Zoning Commission for their report and recommendation. The staff and members of the Preser- vation Advisory Board met to consider possible amendments to the ordinance in response to concerns that were voiced at the City Council's work ses- sion. The ordinance and suggested revi- sions were considered by the Planning Commission at their special meeting of February 28. The Planning and Zoning Commis- sion has unanimously endorsed the proposed Historic Preservation Ordin- ance submitted to you under separate Cover by the Preservation Advisory Board. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tullv. Wertzberger. Nays — None. March 30, 1977 Honorable Mayor and City Council On behalf of the Ad Hoc Preservation Advisory Board, I am pleased to submit a revised Historical Preservation Ordin- ance for Dubuque A number of amendments have been 158 Regular Session, April 4. 1977 incorporated into the attached final draft ordinance. You should note that routine repairs and maintenance of structures in historical preservation districts have been exempted from the scope of the ordinance, which now ap- plies only to exterior alteration!' that would otherwise be subject to issuance of a building permit. The final draft also incorporates a number of procedural safeguards aimed at insuring a more enforceable approach to historical preservation. We believe that you share our view that the natural setting and architec- tural character of Dubuque have provided us an urban environment un- ique to the state of Iowa and one de- serving of the stewardship that the proposed ordinance would provide. We look forward to discussing the proposed Historical Preservation Or- dinance with you and will urge your favorable consideration of it. C. George Biasi Chairman Ad Hoc Preservation Advisory Board George Biasi addressed the Council relative to the communication. Mayor Star -kis 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. ORDINANCE NO. 18-77 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMIS- SION FOR THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE ES- TABLISHMENT OF HISTORIC PRE- SERVATION DISTRICTS, AND DEFIN- ING POWERS AND DUTIES IN AS- SOCIATION THEREWITH, presented and read. Councilman Tully 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Pregler. Councilman Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Pregler. ORDINANCE NO. 18-77 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMIS- SION FOR THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE ES- TABLISHMENT OF HISTORIC PRE- SERVATION DISTRICTS, AND DEFIN- ING POWERS AND DUTIES IN AS- SOCIATION THEREWITH NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. Purpose and Intent The purpose of this ordinance is to: a. Promote the educational, cultural, economic and general welfare of the public through the protection, enhan- cement and perpetuation of districts of historic and cultural significance. b. Safeguard the City's historic, aesthetic, and cultural heritage by pre- serving districts of historical, architec- tural, and cultural significance. c. Stabilize and improve property values. d. Foster civic pride in the legacy of beauty and achievements of the past. e. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided f Strengthen the economy of the City, and g. Promote the use of districts of his- toric and cultural significance as sites for the education, pleasure, and welfare of the people of the City Section 2. Definitions a. Certificate of Appropriateness. A document evidencing approval by the Historic Preservation Commission of a proposal to make a material change of use or appearance which must be ob- tained before a Regulated Permit may be issued. b. Commission. The Dubuque His- toric Preservation Commission, as es- tablished by this Ordinance. c. Historic District. An area contain- ing a significant proportion of buildings, structures, or other improvements which, considered as a whole, 1. represent one or more distinctive styles or periods of architecture, or methods of construction, or both; or 2. are associated with persons or events that have made significant contribu- tions to the course of local, state or national history; or 3. possesses a coherent and distinctive visual character or integrity based upon similarity of scale, design, color, setting, workmanship, materials, or combination thereof, which is deemed Regular Session, April 4, 1977 to add significantly to the value and attractiveness of properties within such area. d. Material Change of Appearance. Any change, alteration or modification of the external appearance of a building, improvement, or property within an historic district specifically limited to: 1. changes in the exterior size, con- figuration, fenestration, or other structural features of the property; or 2. demolition or removal of all or any part of an historic or arch ictecturally significant structure; or 3. any excavation on property or the deposit of any waste, rill, or other material on property; or 4. any alteration in the size, location, or appearance of any sign on the property. This definition shall pertain only to material changes of appearance which are visible from the public way, and for which a permit is required for com- pliance with applicable local codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the external appearance of property. e. Regulated Permit. A permit issued by the Building Commissioner, City Engineer, or other official of the City of Dubuque according to provisions of the Building Code, Demolition Code, or other ordinance or regulation, and which permit is regulated by this ordin- ance when: I. the issuance of such permit would occasion a material change in ap- pearance, herein defined, on a struc- ture or site: and 2. the site of such permit is located within an historic district established pursuant to this ordinance. Section 3. Dubuque Historic Preser- vation Commission a. The Commission shall initially con- sist of seven (7) members who shall be residents of the City of Dubuque. b. Members of the commission shall be appointed by the Mayor with the advice and consent of the Council. The members shall be appointed as follows: one from a list of persons nominated by the Dubuque Board of Realtors; one from a list of persons nominated by the Dubuque County Historical Society; and five at -large members each of whom shall possess professional qualifications evidencing expertise in architecture, law, construction, or building rehabilitation, city planning, or 159 conservation in general. In the event that names are not submitted by the appropriate organization within 60 days of the receipt of the request, the Mayor may proceed to fill these positions in the same manner as members at -large; as historical districts may hereafter be created, one member shall be appointed from each district. c. The original appointment of the members of the Commission shall be, three for one year, two for two years, and two for three years, from March I following the year of such appointment or until their successor is named to serve out the unexpired portion of their term of appointment or until their successor is appointed to serve for the term of three years. Members appointed from designated Historical Districts shall serve three-year terms. d. Vacancies occurring in the Com- mission, other than expiration of term of office, shall be only for the unexpired portion of the member replaced. e. Members may serve for more than one term and each member shall serve until the appointment of a successor. f. Vacancies shall be filled by the Mayor according to the original selec- tion as aforesaid. g. Members shall serve without compensation. h. A simple majority of the Commis- sion shall constitute a quorum for the transaction of business. Section 4. Rules of Ute Commission a. The Historic Preservation Commis- sion shall elect from its membership a chairman and vice-chairman whose terms of office shall be fixed by the Commission. The Chairman shall pre- side over the Commission and shall have the right to vote. The Vice -Chairman shall, in cases of absence or disability of the Chairman, perform the duties of the Chairman. b. The City Manager shall designate a person to serve as Secretary to the Commission. The Secretary shall keep a record of all resolutions, proceedings, and actions of the Historic Preservation Commission. c. The Commission shall adopt rules or bylaws for the transaction of its business which shall provide for the time and place of holding regular meet- ings. They shall provide for the calling of special meetings by the Chairman or by at least three members of the Commis- sion. All regular or special meetings the the Commission shall be ll entitled public, and any person to appear and be heard on a matter before it reaches its decision. 160 Regular Session, April 4, 1977 d. The Commission shall keep c record, which shall he open to the puhh( view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a ma%on- t,y of those members present shall con- stitute approval of plans before it for review, or for the adoption of any re- solution, motion or other action of the Commission. The Commission shall submit a report of its activities to the Council and may make such recom- mendations to the Council as it deems necessary to carry out the principles of this ordinance. Section 5. Powers of the Commission a. The Commission may conduct studies for the identification and desig- nation of Historic Districts meeting the definitions established by this ordin- ance. The Commission may proceed at its own initiative or upon a petition from any person, group, or association. b. The Commission may make a report and recommendation for the de. signation of an historic district, and may conduct a public hearing thereon. Such report and recommendation shall be filed with the Planning and Zoning Commission, and shall include a Proposed ordinance establishing such district and describing the boundary thereof. c. Within 60 days of the receipt of the report, recommendation and proposed ordinance, the Planning and Zoning Commission shall report to the City Council with respect to the relation of such designation to the general development plan, zoning ordinance, Proposed public improvements, and any plans for the renewal of the area in- volved Upon submission of the report of the Planning and Zoning Commission, or upon the expiration of the 60 day Period, the matter shall be transmitted to the City Council. d- Upon receiving the recommenda- tion of the Historic Preservation Com- mission and the report of the Planning Commission, the City Council shall con- duct a public hearing on the ordinance establishing the proposed Historical Preservation District. The Council may approve or disapprove the ordinance or may refer the historic district designa- lion to the Commission for modification. e. After approval of the Historical Preservation District designation by the Council, no muteriul change in appear- ance of a structure or site within a designated district shall be mude or Permitted to be made by the owner or occupant thereof until a regulated per. mit shall have been obtained for such change as provided by the ordinance. f After approval of a designation by the Council, it shall be the duty of the Historic Preservation Commission to review all plans for any and all material changes in appearance of a structure or site within anv district and it shall have the power to pass upon such plans before a regulated permit for such can be granted, provided that the Commis- sion shall pass only on such features of a change as are visible from the public way. The Commission shall issue a cer- tificate of appropriateness if it approves plans submitted to it for review. The Commission shall approve only if it finds either: 1. The proposed work in creating, changing, destroying, or affecting the exterior architectural features of the improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of either the Property itself or of the neighboring improvements in such district. In considering architectural and cultur- al values, the Commission shall de- termine whether the proposed change is consistent with the historic value and the spirit of the architectural style of the district: or _'. that the denial of a Certificate of Appropriateness would prevent the owner of the improvement within an historic district from earning a rea- sonable return or enjoying a ben- eficial occupance or other interest in his property. The Building Commis- sioner, City Engineer, or other local authorities shall not issue a regulated permit until such Certificate of Ap- propnuteness has been issued by the Commission. g. Demolition of structures erected within historic districts and deemed by the Commission to be of a particular architectural or historical significance shall be prohibited unless, upon ap- plication, the Commission finds that the prohibition of demolition prevents the owner of the property from earning any reasonable return on the property. In the event that the structure is found to be of unique value, the Commission, may, notwithstanding the showing of an absence of a reasonable return, deny permission to demolish, provided, how- ever, that a denial of permission to demolish shall prohibit demolition for no more than four months from the date of application for a permit to demolish, unless at the expiration of four months, adjustments have been made which Session, April 4,1977 allow for such a return. During this time the Commission shall eneeovor to for- mulate, with the owner, an economical- ly feasible plan for the preservation of such structure. h. Other Powers in addi- tion to those duties and powers specified above. the Commission may, with Council approval 1. Accept unconditional gifts and dona- tions of real and personal property, including money, for the purpose of historic preservation. 2. Acquire by purchase, bequest, or donation, fee and lesser interests in historic properties, including proper- ties adjacent to or associated with historic properties. 3. Preserve, restore, maintain and oper- ate historic properties under the ow- nership or control of the Commission. 4. Lease, sell, and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. 5. Contract, with the approval of the governing body, with the state or the federal government or other organizations. 6. Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation. 7. Participate in the conduct of land -use, urban renewal, and other planning undertaken by the governing body. & Recommend ordinances or ttherwise provide information for the purposes of historic preservation to the gopeming body. 9. Promote and conduct an educational and interpretive program on historic properties within its jurisdiction. 10. Enter, only in performance os its official duties and only at reasonable times, upon private lands for examin- ation or survey of the lands. However, the Commission shall not enter a private building or structure without the express consent of the owner or occupant. Section 6. Pracedure for the Renew of Pfene a. Application for a regulated permit shall be made to the Building Commis- sioner. In the event that the application is made by way of an application for a building permit, the application will state that the work is to be done within an historical district. The Commission may require submission of such draw- ings, sketches, photographs, or other exhibits as it deems reasonably neces- sary for consideration of the application. b. Upon the filing of such application, 161 the Building Commissioner shall im- mediately notify the Historic Preserva- tion Commission of the receipt of such application and shall transmit it ttgether with accompanying plans and other information to the Commission, unless it pertains solely to the interior of the structure. c. The Historic Preservation Commis- sion shall meet within fourteen days after notification by the Building Com- missioner of 'he filing, unless otherwise mutually agreed upon by the applicant and Commission, and shall review the plans according to the duties and powers specified herein. In reviewing the plans, the Commission may confer with the applicant or his authorized representative. d. The Commission shall approve or disapprove such plans, and if approved shall issue a Certificate of Appropriate- ness which is to be signed by the Chair- man, attached to the application for the regulated permit and immediately transmitted to the Building Commissioner. e. If the Commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefore in writing to the Building Commissioner and to the applicant. The Commission may propose appropriate revisions of the applicant's plans if it disapproved of the plans submitted The applicant, if he so desires, may make modifications to his plans and shall have the right to re -submit his application at any time. f. No regulated permit shall be issued authorizing a material change in use or appearance of a structure of site within an historic district until a Certificate of Appropriateness has been filed with the Building Commissioner. In the event the Commission disapproves of a proposed plan, its notice of disapproval shall be binding upon the Building Commis- sioner and no permit shall be issued in such a case. The failure of the Commis- sion to act within forty-five days from the date of an application filed with it, unless an extension is agreed upon mu- tually by the applicant and the Com- mission, shall be deemed to constitute approval. In the event, however, that the Commission shall make a finding that the circumstances of a particular application require further time for ad- ditional study and information than can be obtained within the aforesaid period of fey -five days, then in said event the Commission shall have a period of up to ninety days within which to act upon such an application. g. After the Certificate of Appro- 162 Regular Session, April 4, 1977 priatenesS has been issued and the regulated permit granted to the ap- plicant, the Building Commissioner shall from time to time inspect the construc- tion, alteration, or repair approved by such Certificate and shall take such action as is necessary to enforce com- pliance with the approved plans. h. Nothing in this ordinance shall be construed to prevent ordinary mainten- ance or repair of any structure within an historic district where such main. tenance or repair does not involve a material change of appearance, as her- ein defined. Section 7. Appeals Appeals from the decisions or actions of the Historic Preservation Commission may be taken to a court of appropriate jurisdiction in Dubuque County, Iowa. Section 8. Violations and Penalties For every violation of any provision of this ordinance the owner, general agent, tenant, occupant or contractor of a structure or site involved shall be guilty of a misdemeanor punishable by a fine not exceeding 30 days. Each week or portion thereof of a continued breach shall constitute a separate, additional violation. In addition, the Council shall have such other remedies as are provid- ed by law to enforce the provisions of this ordinance, including but not limited to, injunctive relief. Section 9. Separability Should any section or provision of this ordinance be decided by a court of this state to be unconstitutional or invalid, such decision shall not affect the validi- ty of the ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 10. Short Title This ordinance shall be known and may be cited as "The Historic Preserva- tion Ordinance of the City of Dubuque, Iowa." Section 11. Effective Date This ordinance shall take effect im- mediately upon passage adnd publica- tion as required by law. Passed, adopted and approved this 4th day of April 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this I I th day of April 1977, Leo F. Frommelt City Clerk Ito/11 Councilman Tully moved final adop- tion of the Ordinance as Amended. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Pregler. March 18, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on an amendment to Ordinance No. 32-75 to enact a new Section 1-103, Application of District Regulations, which was omitted from the City of Dubuque's Zoning Ordinance which you adopted in September, 1975. The omission was noted recently in the matter of applying zoning classification to newly annexed properties which is now provided for in Section 1-103.5 of this amendment. A copy of the provi- sions are attached for your information. The Planning and Zoning Commis- sion has approved the proposal for in- clusion of Section 1-103, Application of District Regulations, in Ordinance No. 32-75 and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE amending and changing Ordinance No. 32-75 known as the Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa, by enact- ing anew Section 1-103, "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, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. rdinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Regular Session, April 4,1977 Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on May 2, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 18, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Powers Land Development Company to reclas- sify a .58 acre tract in "Powers Place" and shown as parcel 4 on the attached map from R-2 Residential District to R-3 Residential District classification. The property has frontage on the south side of the 3200 block of Asbury Road just east of its intersection with John F. Kennedy Road in the City of Dubuque, Iowa. In hearing the matter, the Planning and Zoning Commission determined that application of the R-3 District clas- sification to this property is acceptable and that the parcel could reasonably serve as a buffer zone between single family development and an existing commercial establishment. There was no one present at the public hearing to speak in opposition to the proposal. The Commission recommends your favora- ble consideration CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 163 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 .58 acres in Powers Place from R-2 Residential District Classification to R-3 Residential District Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on May 2, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None ORDINANCE NO. 19-77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MAYOR OF THE CITY OF DUSUOUE, IOWA, presented and read. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 19.77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MAYOR OF THE CITY OF DUSUOUE, IOWA 1114 Regular Session, April 4, 1977 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the salary for the Mayor of the City of Dubuque, Iowa he and the same is hereby fixed and estab- lished in the amount of $3500. per an- num, commencing on the 1st day of January, 1980: will amend increases based upon cost of living index effective the first day of January of each suc- ceeding year. Passed. approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of April 1977. Leo F. Frommelt City Clerk It 4/8 Councilman Pregler moved final adoption of the Ordinance as Amended. Seconded by Councilman Tully. Carried by the following vote; Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 20-77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, presented and read. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 vol - lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 20-77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the salary for each of the members of the City Council of the City of Dubuque, Iowa be and the same is hereby fixed and established in the amount of $3000. commencing on the 1st day of January, 1980 for those members eligible thereto under Iowa Law: will amend increases based upon cost of living index effective the first day of January of each succeeding year. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of April 1977. Leo F. Frommelt City Clerk It 418 Councilman Pregler moved final adoption of the Ordinance as Amended. Seconded by Councilman Tully. Car- ried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tullv, Wertzberger. Nays — None. Communication of Human Rights Commission submitting a draft of amendments to the Human Rights Or- dinance in an effort to keep it consistent with the State Code of Iowa, along with City Attorney's draft, presented and read. Councilman Pregler moved that the communication and draft of Human Rights Ordinance be referred to the City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Park Board Sub- mitting their resolution suggesting that the Council adopt proposed amend- ments to the Park Board Ordinance, presented and read. Mayor Stackis moved that the resolution be referred back to the Park Board . Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Regular Session, April 4,1977 Communication of Citizens Advisory Commission requesting consideration of two issues before adopting the Park Ordinance; one as being oposed to the closing times and the other that the Park Superintendent being able to I delegate authority to close the parks prior to the stated closing time, pre- sented and read. Mayor Stackis moved that the communication be received and filed. Seconded by Councilman Wertz - Berger. Carried by the following vote: Communication of Louis Oswald et al requesting to address the Council on the proposed park ordinance on the impor- 0 tante of parks to the youth of the City for night time recreation, presented and read. Louis Oswald addressed the Council, stating closing time is too early. Park Board Member Fred Apel spoke to the Council relative to the closing of the parks at an earlier time. Don Deich spoke to the communication. Mayor Stackis moved that the com- munication of Louis Oswald et al be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. An Ordinance providing to prohibit the use of intoxicating liquor in the City Parks; governing use of bicycles, mo- torcycles etc., in City Parks; providing for open season and hours in City Parks, presented and read. Councilman Wertzberger moved that the Ordinance be referred back to the Park Board to consider extended time for closing of parks. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of D.A.V. Chapter 6 request- ing permission to conduct a Forget - Me -Not Drive on August 5th and 6th. presented and read. Councilman Tully moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Petition of Duane Rosensweig of 245 King Street requesting vacation of s portion of alley between King and Broadway Street, also possible purchase of same, presented and read. Council man Tully moved that the petition bo referred to the City Manager for inves 165 tigatitn and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Dubuque Craft League requesting use of Washington Street Park to conduct an invitational art and craft show this summer, presented and read. Councilman Tully moved that the petition be referred to the City Man- agerand Park Board. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Petition of Loras College requesting to conduct a fireworks display on April 30, 1977, in conjunction with the Dion- ysia Weekend, presented and read. Councilman Wertzberger moved that request be approved subject to final approval of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Ralph L. Kirchen et al, requesting repair of Mayfair Court, pre- sented and read. Councilman Wertz- berger moved that the petition be received and filed (Street repaired). Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Michael F. Pusateri requesting refund of $25. on unexpired portion of Cigarette License No. 899, discontinued business on March 26, 1977 presented and read. Councilman Tully moved that the refund be granted and City Auditor be directed to issue Proper warrant. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Gerald I Ihm praying for relief from a Health Department order turning him down for the construction of a septic systemlocated in the 1200 block of Kelly Lane, presented and read. Councilman Tully moved that the peti- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. 166 Regular Session, April 4, 1977 March 18, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot 1 and Lot 2 of block 6 of "Timber Ridge" Addition lying on either side of a southerly extension of Ri- chard's Road in the City of Dubuque, Iowa. The Commission has approved the final plat subject to the condition that Lot 2 of Block 6 of "Timber Ridge" will become a part of the abutting lot to the north. The Planning and Zoning Com- mission recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 94-77 Resolution approving the Plat of Lots 1 and 2, each In Block 6 in Timber Ridge 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 6 In Timber Ridge Addition In the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel, husband and wife; and WHEREAS, upon said plat appear streets to be known as Richard's Road, 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, ex- cept that street grades have not been established, 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 Richard's Road, 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 6 in Timber Ridge 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 Richard's Road with bituminous concrete, or with concrete paving with integral curb, all in accor- dance 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 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; It. 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, Richard C. Henschel and Mildred L. Henschel, husband and wife, as owner; j. To construct said improvements, except sidewalks and street lighting prior to March, 1979, and to construct the sidewalks and street lighting prior to March, 1981. and further provided that said Ri- chard C. Henschel and Mildred L. Henschel, husband and wife, as owners 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 Richard C. Henschel and Mildred L. Henschel, Regular Session, April 4, 1977 husband and wife, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within i 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 callthis this 4th day of April, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen i ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 94-77 We, the undersigned Richard C. Henschel and Mildred L. Henschel hav- ing read the terms and conditions of the foregoing Resolution No. 94-77 and be- ing familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 14th day of April, 1977. s/ Mildred L. Henschel Richard C. Henschel TO: LEO F. FROMMELT CITY CLERK This is to certify that the security provided by the foregoing RESOLU- TION NO. 94-77 has been furnished by the owners. Dated at Dubuque, Iowa, this 14th day of April, 1977. Gilbert D. Chavenelle City Manager March 30, 1977 Honorable Mayor and City Council At your meeting of March lo, 1977, we presented a resolution ordering the abandonment of the North Fork Catfish Creek Project. We also advised that the principal property owner involved in that project had given late notice of his willingness to reopen negotiations, and the resolution was then tabled. We must now advise that the prin- cipal property owner no longer wishes to be considered a willing seller, and that further negotiations are not possi- ble. Therefore, we have re -submitter the resolution ordering abandonment 01 167 the project, and recommend that it be adopted. Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully. Wertzberger. Nays — Councilman Brady. RESOLUTION NO. 95-77 A Resolution Repealing Resolution No. 169-76, and Instructing that plans for a North Fork Catfish Creek Watershed Project be abandoned WHEREAS, the City of Dubuque, Iowa and the Soil Conservation Service, USDA, have joined in a watershed work plan for the North Fork Catfish Creek Project, adopted according to the City Council Resolution No. 169-76, and WHEREAS, investigations and nego- tiations instructed by said resolution have now progressed in a determination of financial infeasibility has been made; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That the Soil Conservation Service, USDA be and here is requested to abandoned efforts according to the aforementioned watershed work plan, and that notice be given to the Soil Conservation Service of a determina. tion of project infeasibility due to fin- ancial considerations. Seclbn 2. That notice be given to the Soil Conservation Service, USDA, of the appreciation of the City Council of the City of Dubuque, Iowa for efforts of that agency on behalf of the City of Dubuque, and of disappointment and regrets of the City Council that the financial feasibility of the project could not be obtained. S*dion 3. That the Soil Conservation Service, USDA be requested to continue its efforts with city staff toward resolv- ing drainage problems in the watershed of the North Fork Catfish Creek in hopes that alternative mean of protec- tion and improvement may still be obtained. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen 168 Regular Session, April 4, 1977 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzherger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady Proof of Publication, certified to by the Publisher, of Notice of taking bid for construction of Wastewater Treatment Facilities for the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 30, 1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m. on March 29, 1977 for Phase 1I Contract I of the Wastewater Treatment Facili- ties, Terminal Street Force Main. The lowest bid was submitted by the Johnson Brothers Corporation of Litch. field, Minnesota. Their bid of $1,230,158 was 17.5% under the Engineer's Estimate. I would recommend that the contract be awarded to the Johnson Brothers Corporation subject to the concurrence of the Environmental Protection Agency and the Iowa Department of Environmental Quality. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Awarding Contract) RESOLUTION NO. 96-77 WHEREAS, sealed proposals have been submitted by contractors for the Terminal Street Force Main Wastewater Treatment Facilities Phase 11 Contract I pursuant to Resolution No. 38-77 and notice to bidders published in a newspaper published in said City on February 14, 1977 and March 10, 1977; and WHEREAS, said sealed proposals were opened and read on March 29, 1977, and it has been determined that the bid of Johnson Brothers Corpora- tion of Litchfield, Minnesota in the amount of $1,230,158 was the lowest bid for the furnishing of all labor and ma- terials 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 Johnson Brothers Corporation, subject to the concurrence of the Environmental Pro- tection Agency and Iowa Department of Environmental Quality and the man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance 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 April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. March 23, 1977 To the Honorable Mayor and City Council The enclosed agreements provide the City of Dubuque the right to construct the Terminal Street Force Main upon properties owned by the Illinois Central and the Chicago, Milwaukee, St. Paul and Pacific Railroads. The attached resolutions authorize the Mayor to execute the agreements on behalf of the City Council, and directs the City Clerk to file the document with the respective companies. Gilbert D. Chavenelle City Manager Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Regular Session, April 4, 1977 Brady, Pregler, Tully, Wertzberger. Nav_ s — None. RESOLUTION NO. 97-77 WHEREAS, the City of Dubuque, Iowa shall be constructing a force main from the Terminal Street Lift Station to the Wastewater Treatment Plant, and WHEREAS, portions of the proposed project are located on parcels of propertyowned by the Illinois Centeral Gulf Railroad, and WHEREAS, it is necessary to obtain the permission of the Illinois Central for said installation on their properties. NOW. THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Mayor be and he is hereby authorized and direct- ed to execute the attached agreement i dated March 17, 1977 relative to the construction and maintenance of the ( Terminal Street Force Main, and the City Clerk be and he is hereby directed { to file the document with the Illinois Central Gulf Railroad. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis i Mayor I? Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 98-77 WHEREAS, the City of Dubuque, Iowa, shall be constructing a force main from the Terminal Street wlift Station to the Wastewater Treatment Plant, and WHEREAS, portions of the proposed project are located on parcels of property owned by the Chicago, Mil- waukee, St. Paul and Pacific Railroad, and WHEREAS, it is necessary to obtain I the permission of the Chicago, Milwau- kee, St. Paul and Pacific for said instal- lation on their properties. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Mayor be 1 and he is hereby authorized and direct- ed to execute the attached agreement dated March 17, 1977 relative to the construction and maintenance of the Terminal Street Force Main, and that 169 the City Clerk be and he is hereby dir- ected to file the document with the Chicago, Milwaukee, St. Paul and Pacific Railroad. Passed, approved, and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Cleric Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. March 15, 1977 To the Honorable Mayor and City Council Enclosed are the preliminary plans, specifications and estimate for Central Avenue Street Lighting from 9th Street to 12th Street. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, fully, Wertzberger. Nays — None. RESOLUTION NO. 99-77 Approval of preliminary plans, es- timate, specs., etc. for construction of Central Avenue Street Lighting from 9th Street to 12th Street, in the estimat- ed amount of $30,176.45, presented and read, Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, COuncilmen Brady, Pregler, Tully. Wertzberger. Nays — None. (Nevem" for Improvement) RESOLUTION NO- IW77 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. (1) The Plan of such improvement (2) An estimate of the cost of the improvement for the construction of Central Avenue Street Lighting from 170 Regular Session, April 4, 1977 9th Street to 12th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, 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 revenue Sharing Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of April, 1977. Approved and placed to file for final action. APPROVED: Emil Stackis Mayor Thomas A. Tully Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 101-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the Central Avenue Street Lighting from 9th Street to 12th Street. BE IT THEREFORE. RESOLVED that on the l8th day of April, 1977, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvements may appear and make objection to the por- posed 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 not be less than four (4) days nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the construc- tion of the aforementioned improvement. Passed, adopted and approved this 4th day of April, 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 Pregler,. Carried by the following Vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Idarch 15, 1977 To the Honorable Mayor and City Council I hereby submit the plans and specifications for the Interconnection of 14th Street and the Intersection of 16th and Elm Streets to the C.B.D. System Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 102-77 Approval of plans, preliminary es- timate, specs., etc. for interconnection of 14th Street and the intersection of 16th and Elm Streets to the C.B.D. Sys- tem, in the estimated cost of $22,260.05, presented and read. Councilman Tully moved adoption of the resolution. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 103-77 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and Regular Session, April 4, 1977 I are now on file in the office of the City Clerk showing among other things the following: i 1. An estimate of the cost of the proposed improvement for the inter- connection of 14th Street and the inter- section of 16th and Elm Streets to the C.B.D. System. 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 spedcifications which have been prepared tterefore 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 introeuced, approved, and ordered placed on file with the City Clerk this 4th day of April, 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved approval of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing Date of H"r") RESOLUTION NO. 104-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the interconnection of 14th Street and the intersection of 16th and Elm Streets to the C.B.D. System. BE IT THEREFORE RESOLVED that 171 on the 18th day of April, 1977, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may 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 four (4) days nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the construc- tion of the aforementioned improvement. Passed, adopted and approved this 4th day of April, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager and Engineer submitting plans and specs. for the Main Street Lighting From First Street to Fourth Street; A RESOLU- TION approving the Preliminary Estimate, specs., form of contract for construction of the Main Street Light. ing from First Street to Fourth Street, at the estimated cost of $8,896.17; A RE- SOLUTION approving the Necessity for Improvement for construction of the Main Street lighting from First Street to Fourth Street; A RESOLUTION Fixing date of hearing on resolution of neces. sity and directing Clerk to publish no- tice to contractors for construction of Main Street lighting from First Street to Fourth Street, presented and read. Councilman Brady moved to table the communication and resolutions for one month. wseconded by yon s. MOTION ON THE VOTE WAS AS FOLLOWS: Yeas — Mayor Stackis, Councilman Brady. Nays — Councilmen Pregler, Tully, 172 Regular Session, April 4, 1977 Wertzberger. MOTION FAILED. Councilman Brady moved to table the communication and resolutions to Council Meeting of April 18, 1977. seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully. Nays — Councilmen Pregler, Wertzberger. Communication of Dock Commission submitting proposed lease and agreement with the Dubuque Barge and Fleeting Company, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — None. Abstain — Councilman Wertzberger. Communication of Dock Board sub- mitting their Resolution approving lease with the Dubuque Barge and Fleeting Company, presented and read. Councilman Tully moved that the lease be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — None. Abstain — Councilman Wertzberger. RESOLUTION NO. 105-77 WHEREAS, there Is presented to the City Council of the City of Dubuque, Iowa, a proposed form of Lease by and through Its Board of Dock Commis- sioners, ommissioners, as Lessor, and Dubuque Barge and Fleeting Service Company, an Iowa corporation, leasing real es- tate described In copy of said Lease hereto attached, marked Exhibit "A"; and WHEREAS, said lease, provides for an annual base rental of $3,500.00 for a period of five years commencing April 1, 1977 and renewable at the end of said five year term for four (4) addi- tional five (5) year terms at the end of each five year term not to exceed end - Ing in the year 2002, A.D; and WHEREAS, the Board of Dock Com- missioners of the City of Dubuque, Iowa has approved said proposed Lease. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the proposed Lease by and between the City of Dubuque, Iowa by and through its Board of Dock Commissioners as Lessor and the Dubuque Barge and Fleeting Service Company, as Lessee, a copy of which Lease, marked Exhibit "A" is hereto at- tached, should be set down for public hearing in the manner provided by law. Section 2. That the City Clerk be and he is hereby directed to publish notice of time and place of hearing on said Lease in a manner provided by law. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Fromment City Clerk Councilman Tully moved adoption of the resolution and that the public hear- ing be held on April 18, 1977, at 7:30 o'clock P.M. in the Council Chambers in City Hall. Seconded by Councilman Brady. Carried by following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — None. Abstain — Councilman Wertzberger. Communication of Dock Commission submitting approval of plans as pre- sented by Interstate Power Co. for ex- pansion of the Whittier Street line crossing municipal property, presented and read. Councilman Pregler moved that the communication be referred to the City Manager for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 106-77 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Dubuque Yacht Basin, Inc., 1630 E. 16th Street Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Regular Session, April 4, 1977 173 Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 107-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT St. Patrick's Church, Inc., (Also Sunday Sales), 1425 Iowa Street Dubuque Jaycees, (Also Sunday Sales), 10231/2 Main Street CLASS "C" BEER PERMIT Richard E. Palmer, 2600 Dodge Street Grandview Drug Inc., 486 N. Grandview Ave. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 108-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 Beet Permit. CLASS "B" BEER PERMIT St. Patrick's Church Inc.. (Also Sunday Sales), 1425 Iowa Street Dubuque .laycees, (Also Sunday Sales), 102314 Main Street CLASS "C" BEER PERMIT Richard E. Palmer, 7800 Dodge Street Grandview Drug Inc. 486 North Grandview Passed, adopted and approved this 4th day of April, 1977. wemil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 109-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the 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 LICENSES Dubpque Yacht Basin, Inc., (Also Sun- day Sales), 1630 East 16th Street Ronald J. Fens, 1121 University Avenue Mary Kathryn Ford, 1027 Rhomberg Avenue Dixie Jungblut, 1399 Jackson Street Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following ut e' Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Tully, Wertzberger. y Nays — None. 174 Regular Session, April 4, 1977 RESOLUTION NO. 110-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have14ceived the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to compiv 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 Dubuque Yacht Basin, Inc., (Also Sun- day Sales), 1630 E.l6th St. Ronald J. Fens, 1121 University Ave. Mary Kathryn Ford, 1027 Rhomberg Ave. Dixie Jungblut 1399 Jackson Street Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger ,lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk M Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved September 6, 1977 Adopted September 6, 1977 Special Session, April 14, 1977 CITY COUNCIL OFFICIAL Special Session, April 14, 1977 Council met at 4:15 P.M. (C.S.T.) Present — Mayor Stackis. Council- men Brady, Pregler, Tully. City Man- ager Gilbert D. Chavenelle. Abuml — Councilman Wertzberger. Mayor Stackis 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 business as may properly come before the meeting. At 4:40 P.M. Councilman Pregler moved to go into an executive session to con- sider fact finders report on Police labor negotiations. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — None. Absent — Councilman Wertzberger. Council reconvened in regular session at 4:53 P.M. Councilman Pregler moved that the fact finders report be rejected and the staff go to arbitration on Police negotiations. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady. Pregler, Tully. Nays — Mayor Stackis. 175 Absent — Councilman Wertzberger. There being no further business Councilman Pregler moved to adjourn. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — None. Absent — Councilman Wertzberger. There being no further business Councilman Pregler moved to adjourn. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — None. Absent — Councilman Wertzberger. Approved 1977 September 6, 1977 Adopted 1977 September 6, 1977 Special Session, April 18, 1977 CITY COUNCIL OFFICIAL Special Session, April 18. 1977. Council met at 7:30 P M. (C.S.T) Present — Mayor Stackis. Council- men Brady, Pregler, Tully. Wertz- berger. City Manager Gilbert D. Chavenetle Mavor Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the pur pose of Considering Resolutions of Necessity on Various Street Lighting Projects and acting upon such other business as may properly come before a regular meeting of the Council. Proclamations proclaiming week of April 24 to 30th as "Arts in Dubuque Week Week of May I to 7th as "Re- spect for Law Week" and month of May as "Performing Arts Month", were read and approved and signed by Mayor Stackis. Communication of Planning and Zoning Commission submitting min- utes of their meeting of April 6, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Cable TV Commission submitting minutes of their meeting of March 1, 1977, present- ed and read. Councilman Tully moved that the minutes be received and foled. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meetings of March 23, 30 and April 6, 1977, 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 Stackis, Councilmen Brady, Pregler, 'fully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of March 21, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None Communication of Five Flags Center Building Committee submitting min- utes of their meetings of March 31 and Apnf 7. 1977, presented and read. Coun- cilman Tully moved that the minutes be received and filed Seconded by Coun- cilman Wertzberger Camed by the fol- lowing vote Yeas — Mayor Stackts. Councilmen Brady. Pregler, Tullv, Wertzberger. Nays — None Communication of Dubuque Human Rights Commission submitting minutes of their meeting of March 10. 1977, pre- sented and read Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Assistant Zoning Administrator Firzlaff advising of is- suance of three conditional use permits at 3485 Windsor, 2900 Jackson, 1875 University., presented and read. Coun- cilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Insurance Department of Iowa submitting cer- tificate of authority to Merchants Mu- tual Bonding Co. to do business in the State to May, 1978, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 12, 1977 Honorable Mayor and City Council 1 am returning to you the petition of Mr. and Mrs. Daniel Berger about the freezing of the sewer line connecting to their residence at 1279 Thomas Place. The petition was referred to the staff for report. I submit the attached letter report from Mr. Murray and recommend that no action be taken on the petition. 1 have sent a letter to the petitioners stating the staff position and that it is being reported to the Council. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and Special Session, April 18, 1977 filed. Seconded by Councilman Tully Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 13, 1477 Honorable Mayor and Members of the City Council We have approved the following bonds and policies for filing purposes and desire to have your approval of same. SIDEWALK CONSTRUCTION BONDS Schwers Construction Co., Bond No. IA 242528 Merchants Mutual Bonding Co. to 4-24-78, $10110. Carl Joseph Blackburn Aetna Casualty and Surety Company to 3-11-78 $1000. Conlon Construction Company, Bond No. S-716723, Northwestern National Insurance Company of Milwaukee, $1000. to 3-30-78. GENERAL LIABILITY POLICIES F.N. Smith Construction Co., Bitumin- ous Casualty No. GA 808758 to 4.1-78. Fondell and Sons Inc., U.S. Fidelity and Guaranty No. 3900-280051 to 12-1-77 Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and filing be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. sub- mitting an inspection report of the Wastewater Treatment facility con- ducted by D.E.Q. regional staff, pre- sented and read. Councilman Wertz- berger moved that the communication be referred to the Wastewater Treat- ment Supt. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. ad- vising of a change in the material stan- dard required for public water supply projects using polyvinyl chloride (PVC) pressure pipe, presented and read. Councilman Wertzberger moved that the communication be referred to the Engineering Department, Water Department, Building Department and Plumbing Department. Seconded by Councilman Tully. Carried by the fol- lowing vole: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 177 April 7, 1977 Honorable Mayor and City Council The question regarding illegal Part 135 operations at the Dubuque Mun- icipal Airport has been referred to the City Attorney for consideration. It is my understanding from my knowledge of the operations at the Air- port that anyone in violation of the Part 135 operations at the Dubuque Mun- icipal Airport is in such violation with- out the consent of knowledge of any of the Airport personnel, the Airport Man- ager or the Airport Commission. Con- sequently, it is very difficult to secure proof of such illegal activity. The foregoing being the fact, I see no legal liability on the part of the City and or its Airport Commission arising out of or in any way connected with such illegal activity. As the best stop -gap measure, it is suggested that the Airport Commission adopt a standard provision in their leases providing that the lessee agrees that under no circumstances will he it engage in illegal Part 135 operations; and in the event that such is done, the same shall be summary grounds for cancellation of the lease and for any and all damages inuring to the City as a result of the termination of the lease. Any other attempted remedy would tacitly acknowledge and recognize that such activity is going on, when in truth and in fact no proof has been furnished or established concerning the same. It is not sufficient for some person to report any alleged violation of Part 135 operations to the City Council, but it must be more than that, that is to rise to the level of proof of such a quantum as would be a basis for the appropriate action as would be available to cause such practices to be discontinued. R.N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and referred to the Airport Commission. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 12, 1977 Honorable Mayor and City Council On January 31, 1977, Lucille G. Henkel filed claim against the City of Dubuque, low, for personal injuries allegedly suf- fered on January 26, 1977, as a result of being struck by a park bench blown against her while waiting for a bus on 178 Session, April 18, 1977 West 9th Street adjacent to the bank parking lot. This matter was referred to the City Attorney's Office who has made an in- vestigation of said matter and conferree with the claimant and has learned she suffered abrasions, bruises and three broken ribs because of said incident and has incurred doctor and medical ex- penses and has made an offer of sett- lement in the amount of $65.00. In view of the foregoing, it is the recommendation of the City Attorney's Office that said offer of settlement be accepted and that the City Finance Of- fice be instructed to issue a warrant payable to Lucille G. Henkel in the amount of $65.00 and transmit same to the City Attorney's Office for delivery upon receipt of appropriate releases. Original claim is returned herewith. R.. Russo City Attorney Councilman Pregler 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 Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 14, 1977 Honorable Mayor and City Council You will recall that in approximately July of 1976 Thermo King Sales and Service of Dubuque, Inc. made an offer to purchase certain property in the in- dustrial island from the City of Dubuque, Iowa, and that the Mayor's Industrial Committee recommended the said sale. The Council ordered the sale of the property upon the recommendation of the Mayor's Industrial Committee and referred the matter to the City Attorney for the preparation of proper proceed- ings, and that thereafter the proceed- ings were completed. On the 7th day of January, 1977, the City Attorney ad- pised the City Council that the prospec- tive purchaser had requested an exten- sion of time to complete the transaction in view of the fact that there was a refinancing adjustment being underta- ken by the company. The extension of time was requested to the end of March, 1977, and of this date the City Attorney's Office has heard nothing further from said prospect. It is the recommendation of the City Attorney's Office that this parcel of real estate be put on the market for sale to any available buyer. R.N. Russo City Attorney Councilman Pregler moved that the communication be referred to the Council. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. RESOLUTION NO. 111.77 WHEREAS, the Park Board of the City of Dubuque, Iowa has caused the City Attorney to make certain amend- ments to its Park Board Ordinance; and WHEREAS, the proposed amend- ments, as suggested by the Park Board, have been submitted and examined by the Park Board and are found to be in accordance with the desires and intent of the Park Board. NOW THEREFORE BE IT RE- SOLVED by the Park Board of the City of Dubuque, Iowa: Section 1. That the City Council of the City of Dubuque, Iowa adopt the proposed amendments to the Park Board Ordinance a copy of which amendments are hereto attached, at the earliest possible time. Section 2. That the Park Board of the City of Dubuque, Iowa deems it in the best public interest that such amend- ments be adopted. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Park Board submitting closing time policy for Eagle Point, Flora, Murphy, F.D.R. and Marshall Parks and requesting adoption of the Ordinance, presented and read. Councilman Pregler 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: Special Session. April 18,1977 Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Park Board Member, Thomas Schrup, Richard Kiefer of 2150 Shiras Ave., Guy Westermeier of Schiller St., Louis Os- wald of U of D., and Police Chief O'Brien addressed the Council relative to the communication. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO- 21-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 27-37 OF THE CODE OF ORDIN- ANCES CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-37 IN LIEU THER- EOF TO PROHIBIT THE USE OF INTOXICATING LIQUOR IN CITY PARKS, PROVIDING FOR THE REPEAL OF SECTION 27-55 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-55 IN LIEU THEREOF GOVERNING USE OF BICYCLES, MOTORCYCLES, ETC. IN CITY PARKS; PROVIDING FOR THE REPEAL OF SECTION 27-62 OF THE CODE OF ORDINANCES, CI- TY OF DUBUQUE, IOWA AND EN- ACTING A NEW SECTION 27-62 IN LIEU THEREOF TO PROVIDE FOR OPEN SEASON AND HOURS IN CITY PARKS, said Ordinance having been previously presented at the Council Meeting of April 4, 1977, presented and read. Councilman Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. h- somolm_ 1ff ORDINANCE NO. 21-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 27.37 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-37 IN LIEU THEREOF TO PROHIBIT THE USE OF INTOXICATING LIQUOR IN CITY PARKS; PROVIDING FOR THE REPEAL OF SECTION 27-55 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-55 IN LIEU THEREOF GOVERNING USE OF BICYCLES, MOTORCYCLES, ETC. IN CITY PARKS: PROVIDING FOR THE REPEAL OF SECTION 27-62 OF THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-62 IN LIEU THEW EOF TO PROVIDE FOR OPEN SEA- SON AND HOURS IN CITY PARKS NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Sec. 27-37 of the Code of Ordinances of the City of Dubuque, Iowa be and the same Is hereby repealed and a new Sec. 27-37 be enacted In lieu thereof as follows: "Sec. 27-37. Intoxicating Beverages. (a) The consumption or use of intox- icating liquor, wine or beer in any public park in a promiscuous manner by any person is hereby prohibited. (b) The consumption or use of intox- icating liquor, wine or beer by any per- son on roadways, parking lots, in cars, within any city park is hereby prohibit- ed. No beer in containers commonly referred to as Keg Beer shall be brought into any park or parkway by any person. (e) The consumption or use of intox- icating liquor, wine or beer is prohibited in the following named parks to -wit: Cleveland Park, Madison Park, Jackson Park, Washington Park, Caledonia Park, Jefferson Park, Flat Iron Park, Grant Park Oakwood Park, Play Lot 17th and Elm, Allison Henderson Park, Maus Conservation Park, University Park". Section 2. That 27-55 of the Code of Ordinances of the City of Dubuque, Iowa be and the same is hereby repealed and a new Sec. 27-55 be en- acted in lieu thereof as follows. • Sec 27-55. Use of Bicycles, Motor- cycles, etc. motor (a) Bicycles, motorcycles, sc<wten go-carts, cars trucks and other motor driven devices shall only be used or operated on parkways or such other IRO Special Session, April 18, 1977 places as are set aside for that purpose except vehicles engaged in park main- tenance and security. (b) It shall be unlawful for the opera- tor of any car, truck, motorcycle or any other type vehicle to stop, stand or park upon any roadway or in any parking areas in such manner as to obstruct the now of traffic (c) It shall be unlawful for any person or persons to play games, catch, throw- ing of frisbees or other objects, gather- ing in groups on any roadway or park- ing areas as to obstruct the flow of traffic. (d) It shall be unlawful to park any car, truck, motor cycle or other type of vehicle along any roadway or area in any park that is posted prohibiting such parking." Sec. 27-62. Open Season and Hours. (a) The open season or hours for the respective parks and park facilities shall be established by the park board. (b) Eagle Point and Flora Park shall be closed to the public during the hours from 11:00 o'clock P.M. to 7:00 o'clock A.M. during the regular park season. Louis Murphy Park shall be closed to the public during the hours from 10:30 o'clock P.M. to 7:00 o'clock during the regular park season, and Franklin D. Roosevelt Park and Marshall Park shall be closed to the public from sunset to 7:00 o'clock A.M. during the regular park season. (c) During the period of time other than the regular open park season, no person shall enter or remain in any park or parkway above named. On those occasions when weather permits, the above named parks will be open for moving vehicular tmffic on weekdays between the hours of 8:00 o'clock a.m. and 3:00 o'clock p.m. and on weekends from 12:00 noon to 5:00 o'clock p.m. (d) The Park Board, Superintendent of Parks or their authorized represen- tatives, have the authority to close any or all parks or roadways under their jurisdiction before normal closing hours at times it is deemed necessary in the best interest and safety of the public, if such authority is exercised the reason for such closing shall be so reported in the minutes of next meeting of the Park Board". Passed, approved and adopted this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Heruld Newspaper this 21st day of April 1977. Leo F. Frommelt City Clerk 1 t 4:21 Councilman Wertzberger moved final adoption of the Ordinance As Amended. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 22-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 21-1 OF SAID CODE AND ENACTING A NEW SECTION 21-1 IN LIEU THEREOF TO PROVIDE FOR DEFINITIONS:; BY REPEALING SUBSECTION (a) OF SECTION 21-23 OF SAID CODE AND EN- ACTING ANEW SUBSECTION (a) OF SECTION 21-23 IN LIEU THEREOF TO PROVIDE FOR MEETINGS; BY REPEALING SUB- SECTION 5 OF SECTION 21-27 OF SAID CODE AND ENACTING A NEW SUBSECTION 5 OF SEC- TION 21-27 IN LIEU THEREOF TO PROVIDE FOR AMPLIFICATION OF POWERS OF HUMAN RIGHTS COMMISSION; BY REPEALING SUBSECTION 7 OF SECTION 21-27 OF SAID CODE AND EN- ACTING A NEW SUBSECTION 7 OF SECTION 2.1-27 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER- SONS; BY REPEALING SUBSEC- TIONS 2 AND 3 OF SECTION 21-64 OF SAID CODE AND EN- ACTING NEW SUBSECTION 2 AND 3 OF SECTION 21-64 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER- SONS; BY AMENDING SECTION 21-65 OF SAID CODE BY ADDING A SECTION TO BE NUMBERED 4 TO SECTION 21-65 TO PROVIDE FOR ADDITIONAL EXECEPTIONS TO THE UNFAIR OR DISCRIMIN- ATORY PRACTICES RELATING TO HOUSING; BY AMENDING SAID CODE OF ORDINANCES OF CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION TO BE NUMBERED 21-66 PROHIBITING Special Session, April 18, 1977 THE AIDING OR ABETTING OF UNFAIR OR DISCRIMINATORY PRACTICE; BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION 21-67 GOVERNING UNFAIR CREDIT PRACTICES; BY REPEALING SECTION 21-77 OF SAID CODE AND ENACTING A NEW SECTION 21-77 IN LIEU THEREOF PROVID- ING FOR COMPLAINTHEARING; BY REPEALING SECTION 21-79 OF SAID CODE AND ENACTING A NEW SECTION 21-79 IN LIEU THEREOF FIXING TIME LIMITA- TION FOR FILING COMPLAINT AND BY REPEALING SECTION 21-84 OF SAID CODE AND EN- ACTING A NEW SECTION 21-84 IN LIEU THEREOF PROVIDING FOR PROVISIONAL REMEDIES, presented and read. Councilman Pr gler 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 Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 22-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 21-1 OF SAID CODE AND ENACTING A NEW SECTION 21-1 IN LIEU THEREOF TO PROVIDE FOR DEFINITIONS; BY REPEALING SUBSECTION (a) OF SECTION 21.23 OF SAID CODE AND EN- ACTING A NEW SUBSECTION (a) OF SECTION 21-23 IN LIEU THEREOF TO PROVIDE FOR MEETINGS; BY REPEALING SUB- SECTION 5 OF SECTION 21-27 OF SAID CODE AND ENACTING A NEW SUBSECTION 5 OF SEC- TION 21-27 IN LIEU THEREOF TO PROVIDE FOR AMPLIFICATION OF POWERS OF HUMAN RIGHTS COMMISSION; BY REPEALING SUBSECTION 7 OF SECTION 21-27 OF SAID CODE AND EN- Is1 ACTING A NEW SUBSECTION 7 OF SECTION 21-27 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER- SONS: BY REPEALING SUBSEC- TIONS 2 and AND 3 OF SECTION 21-64 OF SAID CODE AND EN- ACTING NEW SUBSECTIONS 2 AND 3 OF SECTION 21-64 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER- SONS; BY AMENDING SECTION 21-65 OF SAID CODE BY ADDING A SECTION TO BE NUMBERED 4 TO SECTION 21-65 TO PROVIDE FOR ADDITIONAL EXECPTIONS TO THE UNFAIR OR DISCRIMIN- ATORY PRACTICES RELATING TO HOUSING; BY AMENDING SAID CODE OF ORDINANCES OF CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION TO BE NUMBERED 21-66 PROBHIBIT- ING THE AIDING OR ABETTING OF UNFAIR OR DISCRIMINA- TORY PRACTICE: BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION 21-67 GOVERNING UNFAIR CREDIT PRACTICES: BY REPEALING SECTION 21-77 OF SAID CODE AND ENACTING A NEW SECTION 21-77 IN LIEU THEREOF PROVIDING FOR com- plaint hearing; BY REPEALING SECTION 21-79 OF SAID CODE AND ENACTING A NEW SECTION 21-79 IN LIEU THEREFOF FIXING TIME LIMITATION FOR FILING COMPLAINT AND BY REPEALING SECTION 21-84 OF SAID CODE AND ENACTING A NEW SECTION 21-84 IN LIEU THEREOF PROVID- ING FOR PROVISIONAL REMEDIES. Now Therelore be it Ordained by the City Council of the City of Dubuque, Iowa: Sedlon 1. That the Code of Ordin- ances of the City of Dubuque. Iowa be amended by repealing Section 2)-1 of said Code and enacting a new Section ?I.1 in 6(•u thereof as follows: 'Sec. 21-1. Definitions. When used in this chapter, unless the context otherwise requires: Commission means the Dubuque Human Rights Commission created by article II of this chapter Commissioner means u member of the commission creuted by article II of this chapter. Court means the district court in and for the judicial district of the State of 182 Special Session, April 18, 1977 Iowa in which the alleged unfair or discriminatory practice occurred or any judge of such court if the court is not in session at that time. Disability means the physical or mental condition of a person which constitutes a substantial handicap. In reference to employment, under this chapter, disability, also means the phy- sical or mental condition of a person whcih constitutes a substantial han- dicap, but is unrelated to such person's ability to engage in a particular occupation. Employee means any person em- ployed by an employer. Employer means the state or any political subdivision, board, commis- sion, department, institution or school district thereof, and every other person employing employees within the state. Employment agency means any per- son undertaking to procure employees or opportunities to work for any other person or any person holding himself or itself to be equipped to do so. Labor organization means any or- ganization which exists for the purpose in whole or in part of collective bar- gaining, of dealing with employers con- cerning grievances, terms or conditions of employment, orof other mutual aid or protection in connection with employment. Person means one or more in- dividuals, partnerships, associations, corporations, legal representatives, trustees, receivers and the state and all political subdivisions and agencies thereof. Public accommodation means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, provided that any place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed u public accomrnodu- tion if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona tide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for u fee or charge or gratuitously, it shall be deemed u public accommodation during such period. Unfair practice or discriminatory practice means those practices specified as unfair or discriminutory in article III of this Chapter. Section 2. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Subsection (a) of Section 21-23 of said Code and enacting a new Subsection (a) of Section 21-23 in lieu thereof as follows: Sec. 21-23. Meetings. (a) The commission shall hold meet- ings on a bi-monthly basis, during each calendar month, at a time and place to be determined by its rules. Section 3. That the Code of Ordin- ances of the City of Dubuque. Iowa be amended by repealing Subsection 5 of Section 21-27. of said Code and enacting a new Subsection 5 of Section 21-27 in lieu thereof as follows: "Sec. 21-27. Powers and duties. (S) To issue such publication and reports of investigations and research as in the judgment of the commission shall tend to promote good will among the various protected groups under this or- dinance which shall tend to minmize or eliminate discrimination in public ac- commodations, employment, appren- ticeship and on-the-job training pro- grams, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability or marital status." Section 4. That the Code of Ordin- unces of the City of Dubuque. Iowa be amended by repealing Subsection 7 of Section 21-27 of said Code and enacting u new Subsection 7 of Section 21-27 in lieu thereof as follows: Sec. 21-27. Powers and duties. (7) To make recommendations to the City Council for such further legislation concerning discrimination because of race, creed color, sex, national origin, religion, age, disability, marital status or ancestry as it may deem necessary and desirable." Section S. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Subsection 2 and Subsection 3 of Section 21-64 of said Code and enacting a new Subsection 2 and Subsection 3 of Section 21.64 in lieu thereof as follows: Sec. 21-64. Prohibited practices. (2) To discriminute against any per- son because of his race, color, creed, sex, religion, national origin, or disability in the terms, conditions or privileges of the sale, rental, lease assignment or sub- lease of any real property or housing accommodation or any part, portion or interest therein. (3) To directly or indirectly advertise, or in any other manner indicate or pub- licize that the purchase, rental, lease, assignment or sublease of any real property or housing accommodation or Special Session, April 18,1977 any part, portion or interest therein, by persons of any particular race, color, creed, sex, religion, national origin, or disability is unwelcome, objectionable. not acceptable or not solicited." Section 6. That the Code of Ordin- ances of the City of Dubuque. Iowa be amended by adding a Subsection to be numbered 4 to Section 21-65 of said Code as folio"'.': --Sec. 21-65. Exemptions from division. (4) a. Restrictions based on sex on the rental or leasing of housing accommo- dations by non-profit corporation. b. The rental or leasing of a housing accommodation within which residents of both sexes must share a common bathroom facility on the same floor of the building." Section 7. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by adding a Section to be numbered Section 21.66 of said Code as follows Sec. 21-66 Aiding or abetting. It shall be unfair or discriminatory practice for: (1)Anypersontointentional- ly aid, abet, compel a rcoerce a not her per- son to engage in any of thepractices declared unfair or discriminatory by this ordinance. (2) Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, sex. national origin, religion, age, disability or marital status by this ordinance because such person has lawfully op- posed any practice forbidden under this ordinance, obeys the provisions of this i ordinance, or has filed a complaint. testified or assisted in any proceeding under this ordinance." Section 8. That the Code of Ordin- ances of the City of Dubuque. Iowa be amended by adding a Section to be inumbered Section 21-67 thereto as follows: 193 thirty six (536), or five hundred thirty- six A (536A), of the State Code of Iowa shall not refuse to loan or extend credit or impose terms or conditions more onerous than those regularly extended to persons of similar economic back- grounds because of age, color, creed, national origin, race, religion, marital status, sex, or physical disability. (3) Refusal by a creditor to offer credit, life or health and accident insur- ance based upon the age or physical disability of the consumer shat! not violate the provisions of this section provided such denial is based solely upon bona fide underwriting considera- tions not prohibited by the State Code of Iowa or United States Code. The provi- sions of this section shall not be con- strued by negative implication or other - W1 seto narrow or restrict any other provisions of this chapter." Section 9. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Section 21-77 of said Code and enacting a new Section 21-77i lieu thereof as follows: "Sec. 21-77. Complaint; persons who may make charge; execution; tiling. Any person claiming to be aggrieved by a discriminatory or unfair practice within this city may. by himself, make, sign and file with the commission a verified, written complaint in triplicate which shall state the name and address of the person, employer, employment agency or labor organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the purlWulan thereof, and shall contain such other infor na- tion as may be required by the commis- sion. The commission, ars commissioner Ior the city attorney may i make, sign and file such complaint." "Sec. 21-67 Unfair Credit Practices. (1) A creditor Shull not refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic back- grounds and current situation because of age, color, creed, national origin, race, religion, marital status, sex, or physical disability. (2) A person authorized or licensed to do business in this state pursuant to chapter five hundred twenty-four (524), five hundred thirty-three (533), five hundred thirty-four (534), five hundred Section 10. That the Code of Ordin- ances of the city ofb q e, Iowa be 21 79 of amended by repealing said Code and enacting a new Section 21-79 in lieu thereof as follows: "Sec. 21-79. Time limitation for filing Complaint. A verified complaint filed under this chapter shall he so filed within ne on hundred and twenty (120) dayafter alleged discriminatory or unfair prac- tice occurred." Section 11. That the Code of ordin- ances of the City of Dubuque, Iowa be amended by repealing section 21-84 of said Code and enacting a new Section 21.84 in lieu thereof as follows: "Sec. 21-84. Provisional Remedies. Ij' any time utter* the filing of a ram. 184 Special Session, April 18, 1977 plaint, it shall appear to the commission that there is reason to believe that the party charged has violated this ordin- ance and there is reason to believe that the person charged is about to commit acts which would make impossible his compliance with an order of the com- mission to alleviate the grievance, or it appears that a complainant may suffer irreparable injury as a result of alleged violation, the commission may direct its attorney to seek a temporary injunction restraining the party charged from do- ing these acts pending completion of the proceedings under this ordinance. A temporary injunction may only be is- sued ex parte, if the complaint filed with the commission alleges discrimination in housing. In all other cases a tempor- ary injunction may be issued only after the respondent has been notified and afforded the opportunity to be heard." Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 22nd day of April, 1977. Leo F. Frommelt City Clerk It4:22 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 23-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-269 OF THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VIOD AND OF NO EFFECT, presented and read. Councilman Brady 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 Stackis, Councilmen Brady, Pregler, 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays — None. 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. CITY OF DUBUQUE, IOWA, AND DECLAR- ING SAME TO BE NULL AND VOID AND OF NO EFFECT NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Section 25-269 of the Code of Ordinances of the City of Dubuque. Iowa is hereby repealed and declared null and void and of no effect. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of April, 1977. Leo F. Frommelt City Clerk It4:21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertz- berger. Nays — None. ORDINANCE NO. 24-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-270 OF THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT., presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Special Session, April 18, 1977 Yeas — Mayor Stackis, Councilmen Brady, Pregler. 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 24-77 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-270 OF THE CODE OF ORDINANCE, CITY OF DUBUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Section 25-270 of the Code of Ordinances of the City of Dubuque. Iowa is hereby repealed and declared null and void and of no effect. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of April, 1977. Leo F. Frommelt City Clerk lt4/21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 25-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25.272 OF THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, presented and read. Councilman Brady moved that the reading just had W 185 considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 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 DECLAR- ING SAME TO BE NULL AND VOID AND OF NO EFFECT. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Section 25-272 of the Code of Ordinances of the City of Dubuque, Iowa is hereby repealed and declared null and void and of no effect. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Heruld Newspaper this 21st day of April, 1977. Leo F. Frommelt City Clerk It4121 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Steven Wainwright requesting permission to conduct a Hunger Walk sponsored by Church World Service on April 24, 1977, pre- sented and read. Councilman r ulllyd moved that the request be app subject to final approval of the City Manager. Seconded by Councilman 186 Session, April 18, 1977 Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Delos A. Dorweiler (2nd request) requesting enforcement of the noise ordinance and protection from visual pollution, presented and read. Police Chief O'Brien addressed the Council relative to the petition stating Police Department has made periodic noise level investigations; No violations found on J. F. K. Road. Councilman Wertzberger moved that the petition of Delos A. Dorweiler be received and filed and referred to Council. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Petition of Charles D. Spahn request- ing annexation of Lot 2 of Lot 1 of Lot 1 Beverly Pines, Section 2 Table Mound Township, presented and read. Council- man Pregler moved that the application be referred to the City Manager and Engineering Department. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Frank Hardie Advertising requesting refund of $10. for a permit fee paid in advance, said permit was can- celled, 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 fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of John J. Heiderscheit requesting a refund of $56.25 on the unexpired portion of Class "C" Beer Permit No. C-1252-77, discontinued bu- siness on March 26, 1977, 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 John H. Heiderscheit requesting a refund of $25. on the unex- pired portion of Cigarette License No. 935, discontinued business on March 26, 1977, 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 fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that the City Attorney be instructed to draw up an Ordinance to consider disallowing refunds on partially used permits. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication certified to by the Publisher, of Notice of Hearing on a proposed lease between the Dock Com- mission and Dubuque Barge and Fleet- ing Service Company, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Conti -Carriers and Terminals Inc. requesting not to approve the proposed lease and agreement with the Dubuque Barge and Fleeting Service Co., presented and read. 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. Dock Commission members Molden- hauer, Conzett and Woodward were present and addressed the council as being in full support of the proposed lease with Newt; In their judgement the lease solved a lot of problems; Best lease from income standpoint. Attorney Bertsch representing Con- ti -Carriers stated that they were under the impression they were to be given first opportunity in the leasing of west side of Dove Harbor; They had no op- portunity to discuss Dove Harbor property prior to proposed tenant. Some discussion was held as to keeping a portion of Dove Harbor free for general City use, such a energy supply. Mr. Burbach stated that there is no area on Dove Harbor that could function as an energy supply. The question was raised if Dock Commission could purchase property for $25,000., why did City pay $35,000.? Attorney Clemens representing Newt stated that Conti -Carriers did have time to negotiate. Newt in no way is planning to vacate that spot; Can see no Special Session, April 18, 1977 economic loss to the City Expressed a willingness to work out a solution with Conti -Carriers. RESOLUTION NO. 112-77 WHEREAS, the Board of Dock Com- missioners of the City of Dubuque. Iowa have been negotiating with Dubuque Barge and Fleeting Service Company for negotiation of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease; and WHEREAS, a true copy of said writ- ten lease marked Exhibit "A", is hereto attached and by reference made a part hereof: and WHEREAS, the terms and conditions of said proposed lease should be ap- proved by the City Council of the City of Dubuque, Iowa; and WHEREAS, notice of intent to enter into said lease for a period in excess of three (3) years has been published in the Telegraph -Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa fixing the 18th day of April, 1977 at 7:30 P.M. in the City Council Chambers in the City Hall, Dubuque, Iowa as the time and place of hearing on said published notice of in- tent to enter into lease; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the poroposed writ- ten lease agreement by and between the Board of Dock Commissioners of the City of Dubuque. Iowa and Dubuque Barge and Fleeting Service Company, copy which marked Exhibit "A" is her- eto attached and by reference made a part hereof, be and the same is hereby approved; and that there have been no oral or written objections to the enter- ing into said lease by the Board of Dock Commissioners. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolu- tion to the Board of Dock Commis- sioners of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption o' the Resolution. Seconded by Mayo 187 Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — Councilman Pregler. Application of Louis J. and Rita M. Jaeger requesting annexation of Lot 1 of Lot 2 and Lot 2 of Lot 2 of Schrup Subdivision to Section 1 Table Mound Township, containing approx. 0.90 acres, presented and read. Mayor Stackis moved that the application be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 113-77 WHEREAS, the owners of an area approximately 0.90 acres in size lying immediately adjacent to the city limits of the City of Dubuque, Iowa voluntari- ly petition the City Council for annexa- tion of their property to the City of Dubuque. Iowa: and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorized the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, make it imperative that said ter- ritory be made a part of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council of the Citv of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot 1 of Lot 2 of Schrup Subdivision and Lot 2 of Lot 2 of Schrup Subdivision; both in Section 1, in Table Mound 'I'ownship, Dubuque County, Iowa. Section 2. The territory hereby an- nexed shall become and be part of the Twenty-fourth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 188 Special Session, April 19, 1977 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tullv .Ir. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construc- tion of Central Avenue Street Lighting from 9th to 12th Street, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Concilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 100-77 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: (1) The Plan of such improvement (2) An estimate of the cost of the improvement for the construction of Central Avenue Street Lighting from 9th Street to 12th Street. 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 Revenue Sharing Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of April, 1977. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 114-77 WHEREAS, proposed plans and specifications and form of contract for the construction of: Central Avenue Street Lighting from 9th Street to 12th Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Sec- tion 384 Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 18th day of April, 1977; and WHEREAS, the City Council met in special session this 18th day of April, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objections which have been made and Session, April 18, 1977 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 matter of per- manent record in connection with said improvement. Passed, adopted and approved this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 115-77 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a Resolution of Necessity No. 100.77 which was duly passed by this Council for the construction of Central Avenue Street Lighting from 9th Street to 12th Street. 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 said im. provement be paid from the Revenue Sharing Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent an( 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 I9th day of April, 1977. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 189 ATTEST: Leo F. Frommelt Citv Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun. cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of the interconnection of 14th Street and the intersection of 16th and Elm Street to the C.B.D. System, 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 Pregler moved that the proof of pub- lication be received and filed. Seconded by Councilman Tully. Carried by the following Vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for improvement) RESOLUTION NO. 103-77 WHEREAS, proposed plans, specifications, form of contract bhave the been duly prepared and approved 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. As estimate of the cost of the proposed improvement for the inter- connection of 14th Street and the inter- section of 16th and Elm Streets to the C.B.D. System. BE IT THEREFORE RESOLVED that the Citv 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 wh th have City been prepared therefore by Engineer which have been approved by ton Special Session, April 18, 1977 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 resoltuion was introduced, approved, and ordered placed on file with the City Clerk this 4th day of April, 1977 Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 116-77 WHEREAS, proposed plans and specifications and form of contract for the interconnection of 14th Street and the Intersection of 16th and Elm Streets to the C.B.D. System have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 the Code of Iowa, 1975 pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of ail objections to said plans, specifications or contract for or cost of such improvements, said time being this 18th day of April, 1977; and WHEREAS, the City Council met in special session this l8th day of April, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein 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 the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of con- tract 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 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 117-77 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a Resolution of Necessity No. 103-77 which was duly passed by this Council for the interconnection of 14th Street and the intersection of 16th and Elm Streets to the C.B.D. System. 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 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 18th day of April, 1977. Special Session, April 18, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stacks, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Community Development Director Dittemore sub- mitting a report of various departments along with property owners and busin- essmen for the development of the proposed Lower Main Street Lighting Project, presented and read. Council- man Pregler moved that the commun- ication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Mayor Stackis. Communication of Paul Rossiter as a member of the 4th Street Neighbor- hood Assn. being in favor Urban Renewal Style lighting for Lower Main Street, presented and read. Council- man Pregler moved that the commun- ication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Mayor Stackis. Communication of Julien Walk, by Robert T. McCoy, being in favor of Urban Renewal Style lighting for Lower Main Street, presented and read. Coun- cilman Pregler moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler Tully, Wertzberger. Nays — Mayor Stacks. March 15,197, To the Honorable Mayor and City Council 1 hereby submit the plans an' specifications for the Main Stree Lighting from First Street to Fourtl Street. The project is to be paid for out a "ommunity Development Funds. Gilbert D. Chavenelle City Manager 191 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the fallowing vote: Yeas — Councilmen Brady. Pregler, Tully, Wertzberger. Nays — Mayor Stackis. RESOLUTION NO. 118-77 Preliminary Estimate and approval of plans, specs., and all other documents for Construction of Main Street Light- ing from First Street to Fourth Street, in estimated amount of $48,896.17, pre- sented and read. Councilman Pregler moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Mayor Stackis. (Necessity for Improvement) RESOLUTION NO. 119-77 WHEREAS, proposed plans, specifications, and form of con tract have been duly prepared and apptract by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Main Street Lighting from First Street to Fourth Street. 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 t the cost and expense of making the improvement will be paid Community Development Block Grant Fund. The above resolution was introduced, approved and ordered Clerkaced on 18th day tof le with the Cityerk this April, 1977. 192 Special Session, April 18, 1977 Approved and placed on file for final action. Approved: Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Le-) F. Frommelt City Clerk Councilman Pregler moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Mayor Stackis (-Ixing Date of Hearing) RESOLUTION NO. 120-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the construction of the Main Street Lighting from First Street to Fourth Street. BE IT THEREFORE RESOLVED that on the 2nd day of May 1977, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may 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 not be not less than four (4) nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for porposals for the construc- tion of the aforementioned improvement. Passed, adopted and approved this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Councilmen Brady, Pregler. Tully, Wertzberger. Nays — Mavor Stackis. April 14, 1977 Honorable Mayor and Councilmen SUBJECT: Avon Park The City Council had authorized an application for supplementary federal assistance for the Avon Park project from the Land and Water Conservation fund. We have recently been informed by the Iowa Conservation Commission that this application has not been ap- proved. However, the Commission has also informed us that we may modify our proposal and resubmit it for funding in the next quarterly review cycle. This review will occur in June of this year. It is our intention to resubmit the applica- tion for a reduced supplementary grant, in hopes of receiving additional assis- tance on construction items. We propose that property acquisition costs be fully absorbed within the Communi- ty Development Block Grant. We now wish to proceed with property acquisition for the project. Preliminary steps have already been completed, including approval of a fair market value appraisal report. We have attached a Resolution authorizing ac- quisition of the two parcels at a price not less than appraised value. The Re- solution also delegates acquisition authority to the City Manager. We request your authorization to proceed with the project and ask your approval of the attached Resolution. Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 121-77 Authorizing the Acquisition of Certain real Property for the Development of Avon Park WHEREAS, the City of Dubuque pursuant to Grant Agreement No. B -75 -MC -19-0004 has been authorized by the Department of Housing and Ur- ban Development to carry out a Com- munity Development Block Grant Pro- Special Session, April 18, 1977 gram which includes among other things the acquisition of certain real property for the development of Avon Park: and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. an independent appraisal and staff review of said appraisal of the real propertv hereinafter described has been prepared on behalf of the City of Dubuque;and WHEREAS, the appraisal has been reviewed by the Department of Housing and Urban Development and the State 193 Conservation Commission, 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 execute agreements of purchase and to do any and all things necessary and requisite including the affixing of the city seal to certain instruments to acquire the fee simple interest in the following described parcels of real property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Owner Legal Description Price Timothy K. Breitbach Lot 6 of Mary Ann McDaniels Subdivi- sion of part of Lots 824 and 823 A.M. McDaniels Subdivision in the City of Dubuque, Iowa. $18,500.00 Timothy K. Breitbach Lot 10 of Mary Ann McDaniels Subdivi- sion of part of Lots 824 and 823 A.M. McDaniels Subdivision in the City of Dubuque, Iowa. $ 2,292.00 Section 2. That it is hereby found and determined that the appraisal and ap- praisal review for each of the parcels to be acquired has been prepared in a competent manner as required by the policies and regulations of the Depart- ment of Housing and Urban Development. Section 3. That the just compensa- tion to be paid for each parcel of real property is not less than its fair market value as established by the appraisal. Passed, approved and adopted this 18th day of April, 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. April 7, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot I and Lot 2 of Lot 1 of Lot 1 of Lot I of Mineral Lot 339 in the City of Dubuque, Iowa. The plat also dedicates Easement "A" for public roadway and utilities. The property lies south of Kane Street and north of Kaufmann Avenue on the southerly extension of Mesa Drive. The Commission has found the final plat to be in conformance with the Sub- division Regulations and Zoning Ordin- ance of the City of Dubuque. The Plan- ning and Zoning Commission has ap proved the final plat and recommends your favorable PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 122 71h7s Sub- division Approving Plat of division of Lot 1 of Lot 1 of Lot I f f Mineral Lot 3391n the City oDubuque Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of Mineral Lot 339 in the City of Dubuque. Iowa is platted as: Lot 1 of the Subdivision of Lot I of Lot 1 of Lot I of Mineral Lot 339, including Easement "A", thereon, dedicated to the public for roadway and utility purposes; and Lott I tof Lot IhSubdivision Mineral all in the I44 Special Session, April 18, 1977 Citv 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 he 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 18th day of April, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 7, 1977 Honorable Mayor and Councilmen The City Planning and Zoning Com- mission has reviewed the final plat of Lot I and Lot 2 of the Sub of Lot I of Lot I of Lot I of Lot I of Lot 2 of Lot 1 of "Highland Farm'' in the City of Dubuque, Iowa. The property is located on the south side of West Thirty -Second Street north of "Arbor Oaks" Subdivision. The Commission has found the final plat, described above, to be in confor- mance with the Subdivision Regula- tions and Zoning Ordinance of the City of Dubuque, Iowa. The Planning and Zoning Commission has approved the final plat and recommends your favora- ble consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 123-77 A Resolution 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 In the City of Dubuque. Iowa WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Iowa, a plat in which Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot I Highland Farm in the City of Dubuque, Iowa, is platted as: Lot 1 and Lot 2 of Lot 1 of Lot I of Lot I of Lot I of Lot 2 of Lot I of Lot 1 of Highland Farm in the City of Dubuque, Iowa. 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 - aimed by the City Council and they find that same conforms to the statutes and ordinances relating there- to: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the above described plat be and the same is hereby approved and the Mayor and City Clerk are her- eby authorized and directed to endorse the approval of the City of Dubuque. Iowa, upon said plat. Passed, adopted, and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 7, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of the subdivision of Lot 1 of Lot 3 of John P, Mettel Subdivision No. Special Session, April 18, 1977 2, creating Lot I and Lot 2 of John P Mettel Subdivision No. 2 in the City of Dubuque, Iowa. The property is located on the north side of the 3400 block of Asbury Road. The Commission has found the plat to be in conformance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa. The Planning and Zoning Commission has voted to approve the final plat and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication he received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 124-77 A Resolution 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 Subdivision No. 2 In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk of the Citv of Dubuque, Iowa, a plat in which Lot I of Lot 3 of John P. Mettel Subdivision No. 2, in the City of Dubuque. Iowa, is platted as: Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 1 of Lot 3 of John P. Mettel Subdivision in the City of Dubuque, Iowa. WHEREAS, said plat has been ex. amined by the Citv 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 same conforms to the statutes and ordinances relating thereto: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the above described plat be and the same is hereby approved and the Mayor and City Clerk are her- eby authorized and directed to endorse the approval of the City of Dubuque Iowa, upon said plat. Passed, adopted, and approved this 114th day of April, 1977 Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 195 ATTEST. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mavor Stackis. Councilmen Brady. Pregler. Tully, Wertzberger. Nays — None. April A, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has examined the final plat of Lot 20 and 21 of "Jaeger Heights" which also provides for the dedication of Brian Drive as a public street. The owners has filed a petition re- questing annexation of the property to the City of Dubuque. The site is located west of Rockdale Road and north to Tower Drive. The Commission has approved the final plat subject to the condition that Lot 20 of "Jaeger Heights" will become a part of the abutting lot to the west. The Planning and Zoning Commission recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays .- None RESOLUTION NO. 125-77 Resolution approving the Plat of Lot 20 and 21 each of "Jaeger Heights" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of Subdivision to be known as Lot 20 and 21 each of "Jaeger Heights in the Citv of Dubuque, Iowa, by Louis J. Jaeger and Rita M. Jaeger, Husband and wifeand ; WHEREAS, upon said plat appear the extension of a street to be known as Brian Drive, together with certain pub- lic utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex - ,mined by the City Planning and fon. al ing Commission and had its app endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes I A Special Session, April 19, 1977 and ordinances relating thereto, except that street grades have not been estab- lished, the street brought to grade, or paving, sewer or water installed; WHEREAS, the owners have agreed that Lot 20 is not big enough for a building lot but will be attached to and sold with Lot I of Lot 19 of "Jaeger Heights" in the City of Dubuque, Iowa. WHEREAS, the said plat is but an extension of "Jaeger Heights' a sub- division which has already been duly approved by the City of Dubuque and filed of record; and WHEREAS, the owners in platting the first 19 Lots of "Jaeger Heights' submitted plans to the City of Dubuque. which included the construction of the improvements hereafter deliniated and also have filed the required bonds to secure the construction and mainten- ance of the said required improvements provided herein and that therefore no additional security should be required. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Brian Drive 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 Lot 20 and 21 of "Jaeger Heights" in the Citv of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce the street, Brian Drive, 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 accor- dance 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 fo four (4) year,, 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 December 1, 1978 and to con- struct the sidewalks and street lighting prior to December 1, 1980. Section 3. That in the event Louis J. Jaeger and Rita M. Jaeger, shall fail to execute the acceptance provided for in Section 2 hereof within 45 days after the date of this Resolution, the provi- sions 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 recorded roll call this 18th day of April. A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 125-77 We, the undersigned Louis J. Jaeger and Rita M. Jaeger having read the terms and conditions of the foregoing Resolution No. 125-77 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 26th day of April, 1977. Louis J. Jaeger Rita M. Jaeger Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: i Yeas — Mayor Stackis, Councilmen 1 Brady, Pregler, Tully, Wertzberger. Nav_ s — None. RESOLUTION NO. 126.77 Authorizing Publication of Notice of Availability for Public Inspection Cer- tain Community Development Block Grant Documents Special Session, April 18, 1977 WHEREAS, under date of April 7, 1977, the Third Year Community Development Block Grant Application was accepted by the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (b) of the Community Development Block Grant Program requires that reasonable effort shall be made to inform citizens in- volved in or affected by the local Com- munity Development Program that the Third Year Application has been sub- mitted and is available to interested parties upon request; and WHEREAS. Section 570.906 (c) requires that there be public notice of the availability of the Third Year Com- munity Development Block Grant Ap- plication for inspection by the public; now therefore: BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. Be it resolved that the City Clerk be and he is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of gen- eral circulation within the City, public notice in the form of Exhibit A attached hereto and made a part hereof. Passed, adopted and approved this 18th day of April. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City of Dubuque submitted an Ap- plication for Third Year Community Development Block Grant Funds. The Application was accepted for processing on April 7, 1977 by the Federal Government. Pursuant to Section 570.300 (b) to the Community Development Block Grant Program, a copy of the Application is on file in the office of the City Clerk, City Hall, Dubuque, Iowa, The Application is available for inspection by all interestec parties, Monday through Friday between the hours of 8:00 A.M. to 5:0( P.M., Saturdays, Sundays and holiday, excluded. Leo F. Frommelt City Clerk Councilman Pregler moved adoptioi of the resolution. Seconded by Council 197 man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 127-77 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said city. Jeannine A. Kersch, 1555 Central Ave. Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis, Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 128-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS " C" BEER PERMIT Leonard Oil Company, 1307 Dodge Street Thomas M. Astgen, 1101 Rhomberg Avenue Carl A. Van Duelman, 590 Clarke Drive Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption 198 Special Session, April 18, 1977 of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 129-77 WHEREAS, applications for Beer Permits were filed by the within named appplicants 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 "C" BEER PERMIT Leonard Oil Company, 1307 Dodge Street Thomas M. Astgen, 1101 Rhomberg Ave. Carl A. Van Duelman, 590 Clarke Drive Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 130-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the 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 Kayla Smith and Karen Ohnesorge, 2186 Central Ave. Jeannine A. Kersch, 1555 Central Ave. Joyce L. Moeller, (Also Sunday Sales), 1604 Central Ave. Marco's, Inc., 2022 Central Ave. Knights of Columbus Council 510, (Also Sunday Sales), 781 Locust St. Lona's, Inc. (Also Sunday Sales), 620 East 16th St. Donald F. Bradley, (Sunday Sales only), 1091 Main St. Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 131-77 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 Kayla Smith and Karen Ohnesorge, 2186 Central Ave. Jeannine A. Kersch, 1555 Central Ave. Joyce L. Moeller, (Also Sunday Sales), 1604 Central Ave. Marco's, Inc., 2022 Central Ave. Knights of Columbus Council 510, (Also Sunday Sales), 781 Locust Street Lona's, Inc., (Also Sunday Sales), 620 East 16th St. Donald F. Bradley, (Also Sales Only), 1091 Main St. Passed, adopted and approved this 18th day of Apri I, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Session, April 18,1977 199 ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilhen Brady, Pregler, Tully. Wertzberger Nays — None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved September 6, 1977 Adopted September 6, 1977 Session, April 27, 1977 CITY COUNCIL OFFICIAL Special Session, April 27, 1977. Council met at 4:15 P.M. (D.S.T.) Present — Mayor Stackis, Council- men Brady, Pregler. City Manager Gil- bert D. Chavenelle. Absent — Councilmen Tully, Wertzberger. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is callee for the pur- pose of Adopting a Resolution Author- izing the Manager to enter Into an Agreement with Dubuque County Sheriff Relative to Deputized Persons at the Airport and Parks and acting upon such other business as may properly come before a Regular Meeting of the Council. April 25, 1977 Mr. Gilbert D. Chavenelle City Manager I am tendering proposed form of re- solution together with proposed form of Agreemerit of idemnity to hold the Sheriff and Dubuque County, Iowa harmless from any claims arising out of the deputization of persons for City Parks and Airport facilities. I would recommend that at the meet- ing of the City Council to be held on Wednesday at its briefing session that same be designated as a special meeting in order to adopt the enclosed Resolu- tion and the Agreement executed as it is my understanding that the expiration date is April 30, 1977. R.N. Russo City Attorney Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler. Nays — None. Absent — Councilmen Tully, Wertzberger. RESOLUTION NO. 132-77 WHEREAS, the City of Dubuque, Iowa, from time to time, is in need to have persons deputized by the Sheriff of Dubuque, County, Iowa; and WHEREAS, said persons so deputized are under the control and administra- tion of the City of Dubuque as pertains to City Parks, City Airport facilities and any other facilities owned by the City of Dubuque, Iowa; and WHEREAS, the Sheriff of Dubuque County, Iowa has requested that since he has no control over said persons so deputized at the request of the City of Dubuque, that he and Dubuque County, Iowa should be indemnified and held harmless; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the request of the Sheriff of Dubuque County, Iowa, John F. Murphy, for idemnification for him- self and for Dubuque County, Iowa and to be held harmless from any and all damages, loss or liability arising out of any willful or negligent acts or omis- sions of said deputies so on duty for and by the City of Dubuque, Iowa should be approved. Section 2. wthat the Agreement, a copy of which is hereto attached, by and between the City of Dubuque, Iowa and the Sheriff of Dubuque County, Iowa and Dubuque County, Iowa relating to indemnification and holding harmless be and the same is hereby approved.) Section 3. That the City Manager be and he is hereby authorized and direct- ed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 27th day of April. 1977. Emil Stackis Mayor James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk AGREEMENT This agreement, made and entered into this 28th day of April, 1977, by and between the City of Dubuque, Iowa, hereinafter called "City", and John R. Murphy, Dubuque County, Iowa Sher- iff, hereinafter called "Sheriff"; WITNESSETH: WHEREAS, Sheriff has from time to time in the past deputized persons, and shall in the future, for the purpose of serving as peace officers to perform peacekeeping duties at City's parks, the Dubuque Municipal Airport, and other facilities owned by City; and WHERAEAS, said deputies operate under the immediate supervision and control of City while performing said duties at said City facilities; and WHEREAS, it is to the mutual benefit of both parties hereto that the aforesaid arrangement between City and Sheriff continue, and further that Sheriff and Dubuque Countv, Iowa be held harm- less and indemnified by City for all loss, damages, or liability which Sheriff and Special Session, April 27, 1977 County may sustain as a result of the willful or negligent acts or omissions of said deputies while so on duty; NOW THEREFORE IT IS MU- TUALLLY agreed as follows: 1. That Sheriff, at the instance and request of City, shall continue to depu- tize persons selected by City to serve as peace officers for the purpose of per- forming peacekeeping duties at City's parks, the Dubuque Municipal Airport. and other specified facilities owned by City, or which may hereafter be owned by City. 2. That City hereby agrees to, at all times hereafter, hold harmless and in- demnify Sheriff and County of Dubuque, Iowa for all loss, damages or liability which Sheriff and County may sustain as a result of any and all willfull or negligent acts or omissions of said deputies while said deputies are serving as peace officers in the course of their employment at City's parks, the Dubuque Municipal Airport, and other facilities owned by City, or which may hereafter be owned by City. 3. That the deputies so serving as specified in Paragraphs 2 and 3 hereof shall at all times, during the Course of such employment, operate under the immediate supervision and control of City. Dated at Dubuque, Iowa, the day and year set forth above. CITY OF DUBUQUE, IOWA, BY: Gilbert D. Chavenelle John R. Murphy Dubuque County, Iowa Sherriff 201 Councilman Pregler moved adoption Df the Resolution Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Nays — None. Absent — Councilmen Tully, W ertzberger. There being no further business, Councilman Pregler moved to adjourn. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Nays — None. Absent — Councilmen Tully, Wertzberger. Leo F. Frommelt City Clerk Approved September 6, 1977 Adapted September 6, 1977 Regular Session, May 2, 1977 203 CITY COUNCIL OFFICIAL Regular Session, May 2, 1977. Council met at 7:30 P.M. (D.S.T.) present — Mayor Stackls, Council- men Brady, Tully, Wertzberger. City Manager (filbert D. Chavenelle. Absent — Councilman Pregler Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called as A Regular Monthly Meeting for the purpose of acting upon such business as may properly come before the Meeting. Invocation was given by Rev. John O'Connor, Assistant Executive Coor- dinator of Wahlert High School. Proclamations proclaiming week of May 11 to 18th as "Life insurance Education Week", Week of May 9 to 13th as "Girls Club Week", May 23, 1977 as "YWCA Day", Month of May as "Mental Health Month" and Week of May 15th thru May 21, 1977 as "Foster Children Week" were read, approved and signed by Mayor Stackis. The 11th Street Neighbhorhood As- sociation was privileged to announce the First House Tour featuring nine historic houses in the Neighborhood. Councilman Brady moved to recon- sider Resolution No. 118-77 Prelimin- ary Estimate, Resolution No. 119-77 Necessity for Improvement, Resolution No. 120-77 Fixing Date of Public Hear- ing, all pertaining to Lighting on Main Street from First to Fourth Street. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Dubuque Cable TV Commission submitting minutes of their meeting of April 5, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Airport Commis- sion submitting minutes of their meet- ing of April 14, 1977, 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Playground and Recreation Commission submitting minutes of their meetings of April 11 and 18th, 1977, 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Dubuque Me- tropolitan Area Transportation Study (DMATS) submitting minutes of their meeting of March 24, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Planning and Zoning Commission submitting min- utes of their meeting of April 19, 1977 and amendment to that meeting, pre- sented and read. Councilman Tully moved that the minutes and amend- ment be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of April 21, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication ofHuman Rights Commission submitting minutes of their meeting of April 14, 1977, present- ed and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Advisory Com- mission submitting minutes of the meeting of April 27, 1977, presented and read. Councilman Tully moved that the 204 Session, May 2, 1977 minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Tully. Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Housing Commis- sion submitting minutes of their meet- ing of April 19, 1977, 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communications of Iowa D.E.Q. ad- vising of receipt of Wastewater Treat- ment Facility Progress Report: also is- suing water main extension permit for Richards Road, presented and read. Councilman Wertzberger moved that the communications be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler, Communication of Ronald Dueland et al (27 signers), residents of Sunset Ridge, objecting to construction of the proposed sanitary sewer, presented and read. Councilman Wertzberger moved that the communication be received and filed and referred to Engineering Department, City Manager and Director of Public Works. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of Dubuque Park Board advising of adoption of a policy that no incoming vehicles will be al- lowed in Eagle Point Park after 10 P.M. during the regular park season and requesting enactment of an ordinance to this effect, presented and read. Councilman Wertzberger moved that the communication be referred to the City Attorney for appropriate ordin- ance. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Communication of City Manager ad- vising that arrangements have been made to have representatives of Huron Productions (F.I.S.T.) present to re- spond to any questions by the Council, 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Tom Andresen, Location Manager, and Larry DeWay addressed the Coun- cil stating production will start on May 9th; Film will be set as in the 1930's. Councilman Tully moved that the com- munication of the City Manager be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 15, 1977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Water Department, Health Department and a list of claims paid for the month of March, 1977. 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, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher, of Receipts and Expendi- tures, also list of claims for month of March, 1977, presented and read. Coun- cilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Apnl 27, 1977 To the Honorable Mayor and Members of the City Council. We have approved the following sidewalk construction bonds and request your approval of same for filing purposes. Lloyd P. Luber Bond No. la 253247, Merchants Mutual Bonding Co. to 5-4-78 Regular Session, May 2, 1977 205 Edward Apel Bond No. 29418, Mid. western Casualty and Surety Co. to 4.29-78 Cletus Palm Bond No. 29422, Mid- western Casualty and Suretv Co., to 5-30-78. Gilbert D. Chavenelle City Manager April 20, 1977 To the Honorable Mayor And City Council In accordance with Sec. 2-6 of Code of Ordinances. I recommend that the City Council approve the transfer of the following Special Assessment Accounts to the Special Assessment Reserve Ac- count as hereto set forth: Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Account Number Descriptlon Amount 1210 1958 Asphalt Paving Project No. 1 $ 718.11 1211 Cedar Street Sanitary Swer 778.26 1216 1958 Bituminous Paving Project No. 1 1,689.35 1217 1959 Hot Mix Paving Project No. 1 673.74 1219 Boulevard Lights -Main & Iowa Sts. 2,558.71 1220 1959 Curb & Gutter Project No. 1 2,014.21 1221 1959 Bituminous Paving Project No. 1 1,662.70 1225 Central Avenue Boulevard Lights 1228 1960 Hot Mix Paving Project No. 1 30.04 1231 1960 Bituminous Paving Project No. 1 1,085.28 1233 Shiras Avenue Sanitary Swer 71 91 756.80 1236 1961 Concrete Paving with Integral Curb 1238 1962 Bituminous Paving Project No. 1 1 1239 1962 Concrete Paving with Integral Curb 1.556.22214 1240 1962 Hot Mix Paving Project No. 2 1241 1962 Concrete Curb — Gutter Project 1 664.53CR 1242 1962 Bituminous Paving Project No. 1 173.38 1243 1963 Bituminous Paving Project No. 1 1,589.40CR 1244 1963 Hot Mix Paving Project No. 1 1,705.49CR 52.92CR 1245 1963 Curb & Gutter Project No. 1 5,055.17 1246 1963 Concrete Paving with Integral Curb 1247 Thomas Place Sanitary Sewer 278.52CR 255.64 1248 1964 Concrete Curb & Gutter Project 1 2,940.87 1249 1964 Bituminous Paving Project 1 2,800.02CR 1250 1964 Concrete Paving with Integral Curb 1251 1964 Hot Mix Paving Project No. 1 158.80 611.31 1252 Montcrest Sanitary Sewer Paving Project No. 1 364.26CR----- 1253 1965 Bituminous TOTAL $14,157.48 The purpose of the above request is to close out inactive Special Assessment accounts. G. D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and transfer be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. 206 Regular Session, M Proofs of Publication, certified to by the Publisher, dated March 13 and March 24 for Community Development Block Grant Programs of intention to file for Block Grant Funds and also for release of funds, latest date for filing objections would be June 30, 1977; also notice that the third year Community Block Grant Funds were accepted for processing on April 8, 1977 by Federal Government, presented and read. Councilman Tully moved that the proofs of publication be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher, published April 11 advis- ing that a copy of budget is available at the Clerk's office for inspection as to the proposed use of Revenue Sharing Funds, 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 25, 1977 Honorable Mayor and Councilmen On January 21, 1977, the City of Dubuque Planning and Zoning Com- mission transmitted their conclusions to you following a public hearing on the petition of Gerald P. and Thomas Swift which sought R-3 Residential District classification on property located on the north side of Kane Street between Wahlert High School and Hickory Hill Drive in the City of Dubuque, Iowa. On January 24, 1977, the Swift's asked that action on their petition be delayed pending further study of the property and development plan. In a letter dated April 22, 1977, hereto attached, the Swift's ask that their peti- tion be placed on your agenda, and we respectfully request that the City Plan- ning and Zoning Commission commun. ication to you of January 21, 1977, and attachments thereto, stating the Com- mission's findings on the Swift's peti- tion, be submitted at your May 2, 1977, meeting. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development 2, 1977 Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Attorney Leo A. McCarthy addressed the Council requesting a public hearing be held on lesser number of acres. Dave Hutter, 2720 Hickory Hill and Fred Bur gess of 2755 Hickory Hill voiced objec- tions to rezoning request; Requested Planning and Zoning min- utes of their meeting of January 19th be made a part of Council Records. Coun- cilman Brady moved that petition be denied as recommended by Planning and Zoning on January 21, 1977. MO- TION DIED FOR LACK OF A SECOND. Councilman Wertzberger moved that a public hearing on a proposed amended ordinance indicating lesser acreage be held on June 6, 1977, at 7:30 o'clock P.M. in the Council Chambers at City Hall and City Clerk directed to publish no- tice. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Tully, Wertzberger. Nays — Councilman Brady. Absent — Councilman Pregler. Communication of Five Flags Execu- tive Committee and Five Flags Center Building Committee requesting placement on the agenda to set the number and make-up of the Five Flags Commission, presented and read. Mayor Stackis moved that the communication be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Notice of Property damage claim of Jane E. Smith, in the approx. amount of $200., for car damage incurred at the north entrance of the Iowa Street Park- ing Ramp on April 21, 1977, 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Notice of Personal Injury Claim of Mrs. Cecelia Muenster, in an undeter- mined amount, for personal injuries received in a fall at 1545 S. Grandview Regular Session, May 2, 1977 207 Ave. on a defective sidewalk on March 24, 1977, presented and read. Council- man 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance to enact application of District Regula- tions of Article 1 and to further provide for uniform application, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. ORDINANCE NO. 26-77 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 1-103, AP- PLICATION OF DISTRICT REGULA- TIONS OF ARTICLE 1, TO PROVIDE FOR THE UNIFORM APPLICATION OF REGULATIONS TO EACH CLASS OR KIND OF STRUCTURE OR LAND WITHIN EACH DISTRICT. said Ordinance having been previously presented and read at the Council Meeting; of April 4, 1977, presented for final adoption ORDINANCE NO. 26-77 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 1-103, AP- PLICATION OF DISTRICT REGULA- TIONS OF ARTICLE 1, TO PROVIDE FOR THE UNIFORM APPLICATION OF REGULATIONS TO EACH CLASS OR KIND OF STRUCTURE OR LAND WITHIN EACH DISTRICT NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section I. That 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 enacting an new Section 1-103 of Article I as follows: ARTICLE 1 Establishment of Districts: Provisions for official Zoning Map in- terpretations and amendment thereof Section 1-103 Application of District Regulations — Regulations applicable within each district shall be applied uniformly to each class or kind of structure or land. Section 1-103.1. Conformance to Use Regulations— No building, structure, or lund shall hereafter be used oroccupied, and no building or structure or part thereof shall hereafter be erected, con- structed, reconstructed, moved, or structurally altered except in conformi- ty with all of the regulations herein specified for the district in which it is located. All uses not expressly permitted as a permitted use, an accessory use, or a Conditional Use are prohibited. Section 1-103.2 Conformance to Bulk and Yard Regulation Required No building or other structure shall her- eafter be erected or altered: 1) To exceed the height or bulk; 2) To accommodate or house a greater number of families; 3) To have narrower or smaller rear vunis, front Yards, side yards, or other open spaces than herein permitted; or in any other manner contrary to the provisions of this ordinance. Section 1-103.3. Yards, Open Space, and OH -Street Parking No part of u yard, other open space, off-street parking, or loading space rrquired in connection with any build- ing for the purpose of complying with this ordinance shall voluntarily be in- cluded as part of a yard, open space, off-street parking, or loading space similarly required for any other building or any other lots. Section 1-103.4 Reduction of Required Lots and Yards Prohibited No yard or lot existing on the effective date of this ordinance shall be voluntarily reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date, hereof shall meet at least the min- imum requirements established by this ordinance. Section 1-103.5. Classification of An- nexed Territory All territory which may hereafter be annexed, either voluntarily or involuntarily, to the City shall be classified in an AG Agricultural District, and shall remain in that classification pending request for reclassification in accordance with the provisions of Sec- 208 Regular Session, M T tion 8.102 of this ordinance. Section 2. That the amendment has heretofore been approved by the Plan- ning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May. 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 5th day of May 1977. Leo F. Frommelt City Clerk It5/5 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote; Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance so as to reclassify from R-2 Residential to R-3 Residential Classification a portion of lot in Powers Place, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilmen Preglcr. ORDINANCE NO. 27-77 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 REAL ESTATE IN POWERS PLACE FROM R-2 RESIDENTIAL DIS- TRICT CLASSIFICATION TO AN R-3 RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of April 4, 1977, presented for final adoption. ORDINANCE NO. 27-77 AN ORDINANCE AMENDING AND 2, 1977 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 REAL ESTATE IN POWERS PLACE FROM R-2 RESIDENTIAL DIS- TRICT CLASSIFICATION TO AN R-3 RESIDENTIAL 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 "R-2 Re- sidential District" classification to "R-3 Residential District" classification the hereinafter described real estate, to wit: "A portion of Lot I of Lot 1.1-1-1-1-1 of Powers Place described as follows: Commencing at the Northwest cornerof Stecher Place at the right-of-way line of Asbury Road; thence Northwesterly 160.00 feet, more or less, on the South- erly right-of-way of Asbury Road to a point; thence Southerly 269.00 feet. more or less, on the projection of the East line of Lot 2 of Powers Place to a point on the Southeast corner of Lot 2 of Powers Place; thence Easterly 110.00 feet, more or less, to a point at the intersection of the South line of Lot 2 of Powers Place projected to the West line of Stecher Place; thence Northerly 120.00 feet, more or less, on the West line of Stecher Place to a point; thence Northwesterly 30.20 feet to a point; thence Northeasterly 33.17 feet to a point; thence Northerly 30.12 feet to the point of beginning, and containing .58 acres, more or less, in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 5th day of May, 1977. Leo F. Frommelt City Clerk lt5/5 Regular Session, Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 21, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Theisen Development Company to expand an existing C-3 Arterial Business Commer- cial District to include their property on "Harwood Place" which was recently annexed to the City by voluntary peti- tion. The property is located on the south side of the 2800 block of Dodge Street approximately 500 feet east of its intersection with Brunskill Road. The Planning and Zoning Commis- sion has approved the request for C-3 District classification on the property and recommends your favorable consideration. Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. 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 zone and clas- sify territory recently annexed to the City of Dubuque, Iowa, in "Harwood Place", in a C-3 Arterial Business Com- mercial District, presented and read. Mayor 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilmen Pregler. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by C:ouncil- m,,n Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen 2, 1977 209 Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Mayor Stackis moved that a public hearing be held on the Ordinance on June 6, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilmen Pregler. April 21, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Manternach Development Company to classify a 34.3 acre tract in an R-2 Residential District classification and a 4.1 acre tract in an R4 Residential District clas- sification. The total 38.4 acre parcel which lies west of Peru Road south of Terrace Heights Mobile Home Park was recently annexed to the City by volun- tary petition. The Planning and Zoning Commis- sion has found the R-2 and R-4 zoning classifications to be appropriate to the subject parcels and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. 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 zone and clas- sify territory recently annexed to the City of Dubuque. Iowa, known as the Manternach Property on Peru Road, in residential district classifications, pre- sented and read. Mayor 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 Stackis, Councilmen Brady, Tully, Wertzberger. 210 Regular Session, May 2, 1977 Nays — None. Absent — Councilman Pregler. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, he dispensed with. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Mayor Stackis moved that a public hearing be held on the Ordinance on June 6, 1977at 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 25, 1977 Honorable Mayor and City Council I request your approval of the follow- ing parking rates for the Locust Street and Iowa Street Municipal Parking Garages: Daily Parking 156 per hour, first Rate two hours; 20¢ per hour thereafter. (maximum charge $1.70) Reserved Parking $30.00 per month Rate Monthly Parking $24.00 per month Rate In addition to the amount charged for parking at these rates, a state service tax of 3'% will be collected. It is proposed that the new rates be posted at the parking garages and become effective June 1, 1977. Auxiliary fees will also be adjusted: 1. Fee charged for existing from the ramps after closing time will be 50a. 2. Parking stamps will be sold at 15d each. 3. Parking validation certificates will be sold at 156 each, less a 4% handling charge. The approval of these rates is being requested according to the Municipal Parking Garages Ordinance, Sec. 25-286 of the City Code, which indicates that the ramp parking fees are set by the City Manager with the approval of the City Council. Gilbert D. Chavenelle City Manager Bruce Meriwether of First National Bank, spoke relative to rate increases. Councilman Tully moved that the communication be received and filed and approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays -None. Absent — Councilman Pregler. City Manager requested approval and was granted same for rates to become effective May 16, 1977. 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 THER- EOF TO PROVIDE TIME AND FEE SCHEDULE FOR SPECIFIC PARKING LOTS IN THE CITY OF DUBUQUE, said Ordinance being revised ordinance of the one considered at Council Meet- ing of April 4, 1977, presented and read. Mayor Stackis 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. 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 THER- EOF TO PROVIDE TIME AND FEE SCHEDULE FOR SPECIFIC PARKING LOTS IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ordained by the City Council of the City of Dubuque Iowa; Section 1. That Sec. 25.307 of the Code of Ordinances, City of Dubuque. Iowa be and the same is hereby repealed urid a new Sec. 25-307 be enacted in lieu thereof as follows: Sec. 25-307. Same Time and Fee Schedule for Specific Lots. Parking Meters on municipally owned Regular Session, May 2, 1977 211 parking lots, when installed and properly operated, shall show legal parking upon and after deposit of the United States coins and in the non -me- tered parking lots, parking spaces be rented at a monthly rate, payable in advance, in accordance with the fol- lowing schedule: 1. On Parking Lots Nos. 1,2,3,4,5,6,7 and R such meters shall show legal parking for thirty minutes upon deposit of each five -cent coin, or sixty minutes upon the. deposit of each ten -cent coin, or two hours and thirty minutes upon the deposit of each twenty-five cent coin, but not more than a total of ten hours at any one time. The maximum legal parking time limit for anv one vehicle at one any one time shall be ten hours. 2. On the Parking Lot No. 9, parking space rented at a monthly rate of six- teen dollars plus three percent state service tax, payable in advance." Passed, approved and adopted this 2nd day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of May, 1977, Leo F. Frcmmelt City Clerk It 5/5 Mayor Stackis moved final adoption of the Ordinance. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. City Manager requested approval and was granted same for Rates to become effective .lune 6. 1977 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, IOWA 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, said Ordinance being a revised ordin- ance of the one considered at Council Meeting of April 4, 1977, presented and read. Mayor 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 Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. 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, IOWA AND ENACTING A NEW SECTION 25-327 IN LIEU THER- EOF TO PROVIDE FEE SCHEDULE IN THE RESPECTIVE PARKING METER DISTRICTS IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ordained by the City Council of the City of Dubuque, Iowa.: Section 1. That Sec. 25-327 of the Code of Ordinances, City of Dubuque. Iowa be and the same is hereby repealed and that a new Sec. 25.327 be enacted in lieu thereof as follows: "Sec. 25.327. Fee Schedule. Subject to the limitations provided in this division, parking meters, when in- stalled and properly operated, shall show legal parking upon and after deposit of United States coin in accor- dance with the following schedule: 1. In Parking Meter District A such meters shall show legal parking for fifteer minutes upon deposit of each five -cent coin or thirty minutes upon deposit of one ten -cent coin but not more than a total of sixty minutes at any one time. 2. to parking Meter district B such meters shall show legal parking for twenty minutes upon deposit of each five -cent coin or forty minutes upon the deposit of one ten -cent coin or one hour and forty minutes upon the deposit of one twenty-five cent coin, but not more than a total of sixty minutes at any one time. 3. In Parking Meter District C such meters shall show legal parking for thirty minutes upon the deposit of each five -cent coin, or sixty minutes upon the 212 Regular Session, May 2. 197. deposit of each ten -cent cavi. or two hours and thirty minutes upon the depoW of each twenty-five cent aan. but not more than a total of" hows at any one time. Passed, approved and adopted this 2nd day of May. 1977. E07111 Stackis Mayor Thomas A Tully Jr Richard Wertzberger James E Brady Councilmen ATTEST: Ler, F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of May. 1977 Leo F. Frommelt City Clerk 1t5:5 Mayor Stackis moved final adoption of the Ordinance. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. City Manager requested approval and was granted same for rates to become effective June 6, 1977. Communication of Planning and Zoning Commission advising as being against establishment of a R-1 District and favors the permanent continuation of Agricultural Zoning of recent volun- tary annexations of portions of Hens- chel's Black Forest Sub division and An Ordinance amending Zoning Ordinance to rezone and classify recently annex ed property in Henschel's Black Forest in an R-1 residential district classification, presented and read. Councilman Wertzberger moved that the commun- ication and ordinance be referred to the City Attorney. And a public hearing be held on June 6, 1977 at 7:30 P.M. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Petition of Dubuque Downtown Assn requesting permission to sell food in the Town Clock area during the sponsoring of a fashing show on Satur- day. May 7th, presented and read. Councilman Wertzberger moved that the petition be approved subject to final approval of the City Manager. Seconded by Councilman Brady. Carried by the following vole: Yeats — Mayor Stacks, Councilmen Brady. Tully. Wertzberger. Mays — tion. Absent — Councilman Pregler. Petition of Dubuque Downtown Assn. requesting permission to conduct thew annual garage sale event within the Town Clock Plaza on May 21. 1977. presented and read Councilman Wertzberger moved that the petition be approved subject to final approval of the City Manager. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Tully. Wertzberger. Nays — None. Absent — Councilman Pregler. Petition of Svdney Miller et al (6 signers) requesting vacation of the alley between Lots 22 and 30 South Park Hill Addn. and Lot I and Lot 2 of 1 and Lot 1 of 2 of 2 of El Ru Place, presented and read. Mr- Cherioli of 2777 Broadway spoke to Council advising he will give ea- sement. Councilman Wertzberger moved that the petition be referred to the City Manager and Engineering Department for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilmen Pregler. Petition of Richard L. Keiffer et al (25 signers) requesting consideration on various items of concern at Schmitt Harbor Ramp., also as to the possible closing of the Point area ramp to dock the Delta Queen, presented and read. Richard Keiffer of 2150 Shiras Ave., spoke relative to the petition stating ramps have no float facilities; Receive no Dock Board cooperation. Don Kaufmann of Balboa Drive requested putting a float in Schmitt Harbor; Why drive on gravel road. Councilman Wertzberger moved that the petition be received and filed and referred to the Dock Commission for investigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Councilman Tully moved to request all boards and Commission to meet at least once a month at 9:00 o'clock P.M. or later. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Regular Session, May 2, 1977 213 Brady. Tully. Nays — Councilman Wertzberger. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher. on Resolution of Necessi- ty for construction of Main Street Lighting from First to Fourth Street, 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 Stackis. Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Resolution No. 119-77. Necessity for Improvement for construction of Main Street Lighting from First to Fourth. presented for Final Adoption. Council- man Wertzberger moved to table final adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilman Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt of proposals for construction of Central Avenue Street lighting from 9th to 12th Street, presented and read. Mayor Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 22, 1977 To the Honorable Mayor and City Council Pursuant to vour instructions, sealed proposals were received until 10:00 a.m., C.S.T., Friday, April 22, 1977, for the Central Avenue Street Lighting from 9th Street to 12th Street. The lowest bid was entered by Tri- state Paving, Division of Dubuque Stone Products Company of Dubuque, Iowa. Their bid was $20,511.20 which is 12.9% under the Engineer's Estimate. 1 recommend that the contract be awarded to Tri-State Paving, Division of Dubuque Stone Products Company. Gilbert D. Chavenelle City Manager Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. (Awarding Contract) RESOLUTION NO. 133-77 WHEREAS, sealed proposals have been submitted by contractors for the Central Avenue Street Lighting from 9th Street to 12th Street pursuant to Resolution No. 101-77 and notice to bidders published in a newspaper pub- lished in said City on April 11, 1977 and WHEREAS, said sealed proposals were opened and read on April 22, 1977, and it has been determined that the bid of Tri-State Paving, Division of Dubuque Stone Products Company of Dubuque, Iowa in the amount of $20,511.20 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now 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, Division of Dubuque Stone Products 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 Citv Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of May. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt C itv Clerk. Mayor Stackis moved adoption of the resolution. Seocnded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Proof of r ublication, certified to by the Publisher, of Notice to contractors of receipt of proposals for construction of interconnection of 14th Street and the intersection of 16th and Elm to the C.B.D. System, presented and read. Mayor Stackis moved that the proof of publication he received and filed. 214 Regular Session, May 2, 1977 Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 22. 1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m.. C.S.T., Thursday, April 21, 1977, for the Interconnection of 14th Street and the intersection of 16th and Elm to the C.B.D. System. The lowest bid was entered by Patrick T. O'Dowd Construction Company of Dubuque, Iowa. His bid for alternate no - 1 was $8,510.53 which is 11.9% under the Engineer's Estimate and for alternate no. 2 his bid was $11,401.21 which is 13.3% under the Engineer's Estimate. I recommend that the contract for alternate no. 2 be awarded to Patrick T. O'Dowd Construction Company. Gilbert D. Chavenelle City Manager Mavor Stackis moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. (Awarding Contract) RESOLUTION NO. 134-77 WHEREAS, sealed proposals have been submitted by contractors for the Interconnection of 14th Street and the intersection of 16th and Elm to the C. B. D. System pursuant to Resolution No. 104-77 and notice to bidders published in a newspaper published in said City on April 11, 1977 and WHEREAS, said sealed proposals were opened and read on April 21, 1977, and it has been determined that the bid of Patrick O'Dowd Construction Com- pany of Dubuque, Iowa in the amount of $11,401.21 was the lowest bid for the furnishing of all labor and materials 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 Patrick O'Dowd Construction Company and the Manager be and he is hereby direct. ed to execute a contract on behalf of the City of Dubuque for the complete per formance of said work. BE 1T FURTHER RESOLVED, that ,ipon the signing of said contract and the approval of the contractors bond the Citv Treasurer is authorized and in- structed to return the: bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Councilmen ATTEST: Leo F. Frommelt City Clerk Mavor Stackis moved adoption of the resolution. Seocnded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Application for Annexation of Property to City of Dubuque, Iowa The Honorable Mayor and Members of the Citv Council of the City We, the undersigned, record title holders of the following described Real Estate, which is contiguous to the City of Dubuque, Iowa do hereby request and petition that the Real Estate be annexed to, and made a part of the Citv of Dubuque, Iowa, to -wit: Lot 2 of Northeast One -Quarter of Northwest Fractional One -Quarter, Section 2, Township 88 North, Range 2 East of 5th Principal Me- ridian, in Table Mound Township, Dubuque County, Iowa. Lot 2 of Lot 2 of Mineral Lot 498 in Section 2, Township 88 North, Range 2 East of 5th Principal Me- ridian, in Table Mound Township, Dubuque County, Iowa. Lot 1 of Lot 1 of Lot I of Mineral Lot 498 in flection 2, Township 88 North, Range 2 East of 5th Principal Meridian, in Table Mound Town- ship, Dubuque County, Iowa. Lot 2 of Lot No. I of Mineral Lot 498 in Section 2, Township 88 North, Range 2 East of 5th Principal Me- ridian, in Table Mound Township, Dubuque County, Iowa. Lot 2 of Lot I of Lot I of Mineral Lot 498 in Section 2, Township 88 North, Range 2 East of 5th Principal Meridian, in Table Mound Town- ship, Dubuque County, Iowa. Lot 2 of Lot 1 of Lot 2 of 'Beverly Pines" in Section 2, Table Mound Township, Dubuque County, Iowa. Regular Session, May 2, 1977 215 Lot 2 of Lot 1 of Lot I of Lot I of Lot I of Lot 1 of Lot 1 of Mineral Lot 510 in Section 2, Township 88 North, Range 2 East of 5th Principal Me- ridian, in Table Mound Township, Dubuque County, Iowa. Lot 2 of Lot 1 of Lot I of Mineral Lot 510 in Section 2, Township 88 North, Range 2 East of 5th Principal Meridian, in Table Mound Town. ship. Dubuque County. Iowa. and is according to the recorded plats thereof, and is enclosed within red lines on Sheet 2 of 2 hereof. Attached hereto and made a part hereof by this reference. marked Exhibit "A" is a plat showing the above de- scribed Real Estate and its relation to the existing limits of the City of Dubuque, Iowa. By D. James Edwards By Patricia Edwards Councilman Wertzberger moved ap- proval of the application. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilmen Pregler RESOLUTION NO. 135-77 WHEREAS, the owners of an area approximately 25.482 acres in size lying immediately South of the city limits of the City of Dubuque. Iowa now volun- tarily petition the City Council for an- nexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque. Iowa; and WHEREAS, Chapter 368 , Code of Iowa (1975) authorizes the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of theCity of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate. That parcel of real estate described as ............. property in Exhibit "A", hereto attached and by reference made a part hereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. The territory hereby an- nexed shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 26, 1977 Honorable Mayor and Councilmen We seek to confirm your selection of alignment alternatives for the North- west Arterial. We have attached a re- solution for this purpose, and have at- tempted to reflect your expressed con - census in the identification of align- ments for further study. The matter of an alignment selection in the vicinity of Admiral Street (Met - tel -Byrne Subdivision) was also raised at your work session of April 25. In reviewing our communication to you of February 16, 1977, and the resolution authorizing protective acquisition of a selected roadway corridor in the Siegert farm, it appears that the implications of that action may not have been clear. Therefore, we have re -submitted our letter and our earlier correspondence with the Federal Highway Administra- tion and Iowa DOT for your review. We will be prepared to address the Council on this matter is you so desire. Daniel Dittemore Director of Community Development 216 Regular Session, May 2, 1977 Councilman Tully moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. A Resolution identifying alternative alignments for a Northwest Arterial Roadway was presented and read. Terry Carlsen of 2055 Admiral Street addressed the Council questioning how close would concrete come to their properties? Is road below level of houses? Suggesting to move road 50 feet west; Does not want to create a problem but are looking for protection; Re- questing that their interests be protected. Councilman Brady moved to add subsection (c) to Section l to provide that intersections other than Dodge Street, Pennsylvania Ave., Asbury Road, John F. Kennedy Road and High- ways 3 and 52 are undesirable and not to be considered at this time. Seconded by Councilman Wertzberger. Vote on the motion was as follows: Yeas — Councilman Brady. Nays — Mayor Stackis, Councilmen Tully. Wertzberger. Absent — Councilman Pregler. RESOLUTION NO. 136-77 A Resolution Identifying Alternative Alignments for a Proposed Northwest Arterial Roadway, to be Subjected to Further Study and Evaluation Accord - Ing to a Corridor Location Study Auth- orized by Resolution No. 423-75. WHEREAS, the City Council of the City of Dubuque, Iowa, is sponsor of a corridor location study of a proposed Northwest Arterial Roadway, according to Resolution No. 423-75; and, WHEREAS, said corridor location study provides that there shall be a pre -evaluation state, in which the con- sultant shall provide a recommendation to the Dubuque City Council and to the Policy and Technical Committees of the Dubuque Metropolitan Area Transpor- tation Study as to the alternate align- ments to be further evaluated in the evaluation stage. Following the report of the Dubuque City Council, the Com- mittees will select the alternates to be evaluated and will notify the consultant to proceed with the evaluation; and, WHEREAS, a report on said pre - evaluation stage has been made to the City Council on April 25, 1977, and a series of feasible alternate alignments has been presented and shown upon the facsimile map hereto attached and marked Exhibit "A NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque. Iowa: Section I. That alternate alignments recommended for further study in the evaluation stage shall include the fol- lowing, as shown upon the fascsimile map hereto attached and marked Ex- hibit "A": A. West Section - Segments A, B, D, E, and G, and including evaluation of grade separated interchanges in lieu of street intersections at Dodge Street, Pennsylvania Avenue, and Asbury Road, and an evaluation of potentially adverse impacts upon residential areas adjacent to Segment D and of possible means of ameliorating such impacts in the design and location of said segment. B. North Section - Segments J, O, L, M, and N, and including an evaluation of grade separated interchange versus street intersections at John F. Kennedy Road and at the junction of Highways 3 and 52 (Central Avenue). Section 2. That the foregoing recom- mendation is made pursuant to provi- sions of Paragraph F. Pre -evaluation Stage, as set forth in the Addendum - Detailed Description of Planning and Engineering Services attached to a Contract for Engineering Services authorized pursuant to Resolution No. 423-75, and that such recommendations shall herewith be transmitted to the Technical and Policy Committees of the Dubuque Metropolitan Area Transpor- tation Study for their concurrence. Passed, adopted and approved this 2nd day of May. 1977. Emil Stackis 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 Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. April 26, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission , has reviewed two final plats. The first plat, described as Lot 2 of 2 of 2 of Mineral Lot 263, is a simple subdivision of a larger lot which Regular Session, May 2, 1977 217 was divided to permit the south 166.98 feet of that subdivision to become part of Asbury Springs Subdivision No. 4. The subdivision of that portion of Min- eral Lot 263 is shown on the attached map. The properties lie south of Asbury Road and east of John F. Kennedy Road in the City of Dubuque, Iowa. You will also find attached a map showing the final plat of Blocks 1 through 6 of Ashury Springs Subdivi- sion and the incorporation of the afor- ementioned portion of Mineral Lot 263. The Planning and Zoning Commission has found both plats to be in confor- mance with the Subdivision Regula- tions and the Zoning Ordinance of the Citv of Dubuque, Iowa, and has ap- proved the plats and recommends vour favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. RESOLUTION NO. 137-77 Resolution Approving the Plat of Sur- vey of Lot 2-2-2 of Mineral Lot 263, in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of survey of Lot 2 of 2 of 2 of Mineral Lot 263 in the City of Dubuque, Iowa, by Paul G. Schnoren- berg and Grace A. Schnorenberg, Hus- band and Wife; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereof; 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; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of survey of Lot 2 of 2 of 2 of Mineral Lot 263 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. Passed, adopted and approved by un- animous recorded roll call this 2nd day of May, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger .lames E. Bradv Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Coucncilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. RESOLUTION NO. 138-77 Resolution approving the Plat of As- bury Springs Subdivision No. 4 In the City of Dubuque, Iowa WHEREAS, there has been filed with the Citv Clerk a plat of the subdivision to be known as Asbury Springs Sub- division No. 4 in the City of Dubuque, Iowa, by: Asbury Springs LTD., an Iowa Limited Partnership, by Paul W. Powers, General Partner, and David J. Powers, General Partner; Philip A. Powers and Martha F. Powers; Powers Land Company, A Partnership by Paul W. Powers. a single partner, David J. Powers, partner, and Maureen K. Powers, wife of David J. Powers; and Paul G. Schnorenberg and Grace A. Schnorenberg, his wife; and the vaca- tion of existing easements within the area of Asbury Springs Subdivision No. 4, all as shown on the recorded plats of Lot 2 of Picardy Park, and Lot 2-2.2 of Mineral Lot 263, in the Citv of Dubuque, Iowa; and WHEREAS, upon said plat appear streets to be known as Pasadena Drive, Foothill Court, Vail Trail, and Cher- bourg 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 has its approval endorsed thereof; 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, 13E of of SE. OLVED by the City Council City of Dubuque, Iowa: 218 Regular Session, May 2, 1977 Section 1. That the vacation of said existing easements and the dedications of Pasadena Drive, Foothill Court, Vail Trail and Cherbourg 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 Asbury Springs Subdivision No. 4 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 Pasadena Drive, Footh- ill Court, Vail Trail and Cherbourg Court 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 catchbasins in accordance with plans submitted 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 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 the 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 Developer and Sub. divider, Powers Land Company, A Partnership, as owners; i. To construct said improvements, except sidewalks, prior to July 15, 1978, and to construct the sidewalks prior to July 15, 1979. j. To install in accordance with City Specification, boulevard street lighting within thirty (30) days after the com. peletion of the adjacent curb and gutter within any particular section of the proposed Subdivision; and further provided that said Powers Land Com- pany, A Partnership, 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 David 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 Section 2 hereof, 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 2nd day of May, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 138-77 We, the undersigned Asbury Springs LTD., an Iowa Limited Partnership, by Paul W. Powers, General Partner, and David J. Powers, General Partner; Phillip A. Powers and Martha F. Powers; Powers Land Company, A Partnership, by Paul W. Powers, a single partner, David J. Powers, partner, and Maureen K. Powers, wife of David J. Powers; and Paul G. Schnorenberg and Grace A. Schnorenberg, his wife; having read the terms and conditions of the foregoing Resolution No. 138.77 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 5th day of May, 1977. Asbury Springs LTD., an Iowa Limited Partnership Paul W. Powrers General Partner David J. Powers General Partner Philip A. Powers Martha F. Powers Powers Land Company. a Partnership Paul W. Powers a Single Partner David J. Powers Partner Maureen K. Powers Wife of David J. Powers Paul G. Schnorenberg Grace A. Schnorenberg Regular Session, May 2, 1977 219 TO: Leo F. Frommelt, City Clerk This is to certify that the security provided by the foregoing Resolution No. 138.77 has been furnished by the Owners. Dated at Dubuque, Iowa, this 19th day of May, 1977. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Resolution No. 139-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Gary Lee Nielsen and Dwaine D. Bow- man, (Also Sunday Sales), 841 Cen- tral Ave. Herbert F. Bisping, 1401 Elm Street Jim R. Jach - Dr. Robert Myers, (Also Sunday Sales), 4th Street Ball Park. Evening Optimist Club of Dubuque, (Also Sunday Sales), McAleece Field Passed, adopted and approved this 2nd day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. RESOLUTION NO. 140-77 WHEE RAS, 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 Gary Lee Nielsen and Dwaine D. Bow- man, (Also Sunday Sales), 841 Cen- tral Ave. Herbert F. Bisping, 1401 Elm Street Jim R. Jach - Dr. Robert Myers, (Also Sunday Sales). 4th Street Ball Park Evening Optimist Club of Dubuque, (Also Sunday Sales), McAleece Field Passed, adopted and approved this 2nd day of May, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilmen Pregler RESOLUTION NO. 141-77 NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Agreement made and entered into by the City of Dubuque, Iowa and Dubuque County, Iowa relating to the maintenance of prisioners confined in the Law Enfor- cement Center for violation of City Ordinances a copy of which is hereto attached, 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 same for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 1977 Emil Stackis Mayor Thomas A. Tully Jr, Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk 220 Regular Session, May 2, 1977 Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays — None. Absent — Councilman Pregler. Mr. Joseph Takos addressed the Council relative to the proposed sale of an alley in Market Square area to Mr. Miller as a follow up of his presentation to the Council on February 21, 1977. Councilman Brady moved that the public hearing be held on June 6, 1977 at 7:30 o'clock P.M. in the Council Chamber on proposed lease for vacation and sale of said alley. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Tully, Wertzberger. Nays — None. Absent — Councilman Pregler Leo F. Frommelt rty CI rk Approved Q tO .er..17., 1977 Adopted .. Oe tober..17., 1977 2-1 Special Session, May 16, 1977 221 CITY COUNCIL OFFICIAL Special Session. May 16, 1977. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Stackls , Council- men Brady. Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor StacklS read the call and stated that service thereof had been duly made and this meeting is called To consider Adoption of a Resolution Authorizing Execution of Annual Conrtributlons Contract with U.S. Department of Housing and Urban Development Sec- tion 8 and acting upon such other busi- ness as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. George Krumrey, Pastor of St. John's Lutheran Church and President of Dubuque P.T.A. Council. Proclamations proclaiming Months of May thru August 1977 as "Jobs for Students Months'; May 15 thru 21, 1977 as "Insurance Women's Week" in the Citv of Dubuque; Monday, May 16, 1977 as support "ERA day in Dubuque, Iowa"; and month of June, 1977 as "Burglarly Prevention Month" were read, approved and signed by Mayor Stackis. Communication of Five Flags Build- ing Committee submitting minutes of their meeting of April 28, 1977, present- ed and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meetings of April 20 and May 4, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays — None. Communication of Planning and Zoning Commission submitting min- utes of their meeting of April 26, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of April 25, 1977, present- ed and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackls, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — Mone. Notice of Corps of Engineers advising of application by Robert Kehl for the construction of a building along shore and mooring facilities in the Ice Harbor, presented and read. Council- man Pregler moved that the Notice be referred to the City Manager and Staff. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. sub- mitting water main extension permit for Cedar Cross Road, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Kay Boardman making inquiry as to help and relief from the cat nuisance in her area at 91 Burns Street, presented and read. Councilman Wertzberger moved that the communication be referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of W. 11th Street Neighborhood submitting four names for consideration to serve on the His- toric Committee, presented and read. Councilman Wertzberger moved that the communication be referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque County Ass•'n. for Mental Health requesting Council's favorable concensus toward their organization by voting in favor of their budget request, presented and read. Councilman Wertzberger moved that the communication be referred to Council. Seconded by Coun- cilman Tully. Carried by the following vote: 222 Special Session, Mary 16, 1977 Yeas — Mayor Stack rt Councilmen Brady, Pregler, Tully, Nays — None. Communication of TV -FM Cable Ad- visory Commission recommending two additional appointments, names at- tached, to Cable Advisory Commission, presented and read. Councilman Wertzberger moved that the commun- ication be referred to Council. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. April 27 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the request of Mrs. Lavon Duscher to re- classify Lot 34 of O'Neill's Riverview Addition from R-2 Residential District to R4 Residential District classification to permit her to build a duplex on the property. The 5000 square foot lot is located in the 500 block of O'Neill Street in the City of Dubuque, Iowa, as shown on the attached map. The Planning and Zoning Commis- sion has voted to deny the petition based on the following: the size of the property (50' x 100'); the single-family residential character of the neighbor- hood and that reclassification of this property would constitute "spot" zon- ing and set a precedent for similar requests in the future. The Commission recommends that the request be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 27, 1977 Honorable Mayor and Councilmen RE: Informational Communication — No Action Requested The City of Dubuque Planning and Zoning Commission has held reclas- sification request review on the follow- ing properties: 1. The Commission has scheduled a public hearing on the petition of Ri chard and Marian Bissell to reclassif} heir property at 900 West Third Street rom R-3 Residential District to ORA office Residential District classification. k map and informational report of the )roperty are attached and are identified is Item :1. 2. The Commission has scheduled a public hearing on the petition of Dennis Baumhover which requests OR -I Office Residential classification on property at 2615 Dodge Street which is presently classified in a C-3 Arterial Business Commercial District zone. A map and informational report of the property are attached, and are identfied as Item no. 2. 3. The Commission has scheduled a public hearing on Lots 1 through 7 of Block 2 of "Birch Acres" seeking to change the zoning classification on that property from R-3 Residential District to R-2 Residential District. A map and informational report on the property are attached, and are identified as Item no. 3. 4. The Commission has scheduled a public hearing on the request of William and Virginia Jahnke to expand an ex- isting OR -1 Office -Residential District to include their West 32nd Street property, now zoned R -I Residential District, A map and informational report on the property are attached, and are identified as Item no. 4. 5. The Commission has also scheduled a public hearing to reclassify Lots 1 through 19 to "Jaeger Heights" Sub- division from R4 Residential District to R-2 Residential District; and to also apply R-2 District classification to Lots 20 and 21 of "Jaeger Heights" and Lot 2 of the sub of Lot 2 of Lot 2 in "Schrup's Subdivision" which property was recently annexed by voluntary petition. A map and information report are at- tached, and are identified as Item no. 5. A public hearing will be held by the City of Dubuque Planning and Zoning Commission on May 18, 1977, on all of the aforementioned petitions, after which the Commission will transmit its findings to you. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of YWCA -YMCA expressing thanks for efforts extended Special Session, May 16, 1977 223 by the City in the "Youth in Govern- ment" Program, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Printed Council Proceedings for the month of January, 1977, presented for Council approval. Councilman Pregler moved that the Council Proceedings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Dock Commission submitting a list of items of compliance to Richard Kieffer's request for benefit of the boating public, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Richard L. Kieffer requesting permission to address the Council. Councilman Pregler moved that the petition be withdrawn by request of the petitioner. Seconded by Councilman Wertzberger. Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Ambas- sadors requesting an opportunity to be heard at the Council on May 16, 1977 indicating a pleasant task, presented and read. Councilman Pregler moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Dave Setter, Chairman of Dubuque Ambassadors addressed the Council stating that the Ambassadors had received a check for $500.00 from the State and suggested that the check be passed on to the Transit Board. Councilman Wertzberger moved that the check be given to the Transporta- tion Committee to use as they see fit. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Transit Board Chairman, Chester Solomon, received the check and ex- pressed appreciation. Councilman Pre- gler moved that the communication of Dubuque Ambassadors be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Operation New View indicating a willingness to discuss funding allocations, possibly Monday, May 16th or whatever date is suitable, presented and read. Councilman Tully moved that the communication be received and filed and referred to the Council Meeting to be held on May 24, 1977 at 7:30 P.M. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. May 9, 1977 Honorable Mayor and Councilmen We hereby submit a staff report on "Reconstruction of the Madison Street (Seminary Hill) Steps." In 1975, the City Council expressed its desire to obtain a preliminary design and cost estimate for this project in hopes of attracting public and private interest. The matter was referred to staff on October 20, 1975, and initial work began in collaboration with a committee of councilmen, city staff, and private citizens. The committee sug- gested that a well -presented design and preliminary cost estimate could be ef- fective in attracting public interest and, perhaps, private contributions. Staff work was carried out in response to that suggestion. As a design and report were achieved, we felt that the purpose of attracting public interest would be served by the added stature the project might receive in national design competition. The de- sign was entered in the recent National Awards Program of the American Society of Landscape Architects. I am pleased to report that the design is one of two projects receiving a Special Recognition Award in this year's ASLA competition. The comments of the award jury are included in the attached report. As an initial request for consultant assistance was denied, we had felt un- easy in undertaking a project so demanding of design skills. I believe that David Dahlquist (as project direc- 224 Special Session, May 16, 1977 tor). Larry Dunkin, and Sandy Welsh have performed very well in a challeng- ing assignment. We hope that you will find their work to be a successful re- sponse to the Council's directive of October, 1975. We look forward to pre- senting the project to you. We recom- mend that the report he received, filed, and referred to your official record for the benefit of any public or private interest that may emerge in support of a Madison Street Steps reconstruction project. Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed and referred to Council to explore creative funding. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Ad Hoc Preserva- tion Advisory Board submitting a list of names being recruited worthy can- didates for member ship on Historical Preservation Commission, presented and read. Councilman Tully moved that the communication be received and filed and referred to the Council Meet- ing of May 24, 1977. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Honorable Mayor May 12, 1977 and Members of the City Council We have approved the following bonds and policies for filing and wish to have your approval of same. GENERAL LIABILITY Jack C. Jones, Aetna Insurance Co., Policy No. CG 280682 to 3.9.78 Egelhof Casper Funeral Home, Bi- tuminous Casualty Corp. Policy No. GA 811325 to 5-18-78 SIDEWALK CONSTRUCTION BONDS Joe Lukens United Fire and Casualty Co. No. 55-54271 to 5-25-78 Kenneth Schromen, Ohio Casualty In- surance Co. No. 614989 to 6-1-78. Certificate of Insurance Excess Castrophe Policy to 12-1-77, No. Affiliated FM 72780 Fire Works coverage Chamber of Commerce to 2-16-80, 614NA5872, Merchants Promotion Days. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberge.r. Nays — None. Honorable Mayor May 11, 1977 and City Council This is relative to a letter dated April 21, 1977 addressed to the City Council by Francis J. O'Connor with an attached statement of objection from residents of the sunset Ridge Subdivision. A meeting was held by citizens of this neighborhood with representatives of our Public Works Department on April 20, 1977. At this meeting the route of the proposed sewer, the total cost and the assessable cost were explained. Refer- ence to this meeting is made in the letter from Mr. O'Connor to the Council. In consideration of the objections from the neighborhood we would recommend dropping the proposed project. We would suggest that the money assigned to this project in the FY '78 budget be assigned to other sanitary sewer projects, which will be submitted to the City Council in the near future. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and recommended project be con- sidered in 1978 Budget and Engineering instructed to work up alternate designs and favoring Hamilton Glen sewage project for money replacement. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of proposals for the con- struction of the Main Street Lighting from First Street to Fourth Street, pre- sented 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. To the Honorable Mayor May 11, 1977 and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m. Special Session, May 16, 1977 225 on May 9, 1977 for the Main Street Lighting Project from 1st to 4th Streets. The lowest bid was submitted by Tri-State Paving. Division of Dubuque Stone Projects Company of Dubuque, Iowa Their bid was $31.072.45 which is 17.2% under the estimate. We have been in contact with the Lighting Center at 484 Central con- cerning the proposed Lightcraft Artolier fixtures, but have been unable to obtain all of the necessary specifications which we feel are needed to make a proper evaluation of the fixture. Therefore, I would recommend that action on the award of the contract be deferred to the meeting of June 6, 1977, at which time further information on the Lightcraft fixtures will be available. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and referred to the Council meeting of June 6th. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. May 5, 1977 Honorable Mayor and City Council On March 10, 1977, claim was filed against the City of Dubuque Iowa by Robert W. McCormick of 2040 Bunker Hill alleging that he incurred expenses in the amount of $35.00 to $40.00 for digging a trench due to leak in the water main at said address. He had been ad- vised by the City Water Department that the leak was on his property and his responsibility, when in fact the leak was in the City water main. Accordingly, Mr McCormick incurred actual expenses in the amount of $77.08. It is the recommendation of the Cite Attorney's Office that said claim in the amount of $77.08 be paid and copy of said statement is hereto attached. So that there is no misunderstanding. the Council should understand that this writer has been, and is presently, doing some work for the estate of claimant's mother. Original claim is returned herewith together wilth copy of letter of City Water Department attesting that said leak was on the city water main. R.N. Russo Citv Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement bt approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Na_vs — None. May 9, 1977 Honorable Mayor and City Council On January 7, 1977, Patrick Finn filed claim against the City of Dubuque, Iowa in the amount of $14.94 as the result of striking a defective manhole at 20th Street between Jackson and Washing- ton Streets. 1 have made an investigation of this matter and find that the cover was broken and had fallen into the manhole. Accordingly, it is recommended that the claim of Patrick Finn, 2895 Daven- port Street, in the amount of $14.94 be paid and that the City Auditor be in- structed to draw a warrant payable to Patrick Finn and deliver same to the City Attorney for transmittal upon receipt of duly executed releases. Original claim is returned herewith. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Communication of Thermo King Sales and Service, submitted by the City Attorney, indicating various steps of procedure in the procurement and fin- alization of the lot in Industrial Park for eventual construction, presented and read. Councilman Tully moved that the communication be received and filed and extension of time be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Na_vs — None. May 10, 1977 Honorable Mayor and City Council On May 16, 1975, Lloyd L. Peterson filed claim against the City of Dubuque, Iowa for damages for personal injuries in the amount of $5,000.00 for an alleged fall claiming said fall resulted as a result of stumbling and falling on loose gravel on the southerly side of Second Street between Iowa and Main Streets and said gravel had scattered from an excavation by the City of Dubuque Water Depart- 226 Special Session, May 16, 1977 ment at said site and that said fall oc- curred on April 17, 1975. Thereafter, Mr. Peterson was killed in an auto accident on January 15, 1976 and his estate has made an offer to settle said claim for the amount of $150.00; and it is the recommendation of the City Attorney that said offer be accepted and that the City Auditor be instructed to draw warrant payable to the Estate of Lloyd L. Peterson, deceased, in the amount of $150.00 and transmit same to the City Attorney for delivery upon receipt of duly executed release. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 10. 1977 Honorable Mayor and City Council On July 16, 1975, Richard A. Fuerst, filed petition against the City of Dubuque, Iowa in the amount of $4500.00 and thereafter increasing said demand to the amount of $9500.00, claiming damages as the result of an alleged fall on an alleged ice -snow covered sidewalk at a point 90 feet southwest of the intersection of Garfield Avenue and Roosevelt Street on the southeasterly side thereof. This matter was referred to the City Attorney's Office and the matter went to trial, and as a result of which there was a jury verdict in the favor of the City of Dubuque, Iowa on April 21, 1977. Copy of Original Notice with petition attached is 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Honorable Mayor May 10, 1977 and City Council On November 16, 1976, Thomas V. Chapman filed Original Notice with Petition attached of action for damages for injuries allegedly suffered by him on the 9th day of September 1975 as the result of an alleged fall on a public sidewalk abutting Orkin Exterminating Company, 1825 Central Avenue and AAA Sewing & Vacuum Supplies, 1800 Central Avenue in the city of Dubuque, Iowa and alleging a defective condition thereat This matter was referred to the City Attorney's office and thereafter, a jury trial was held thereon resulting in a verdict for the defendant. City of Dubuque. Copy of Original Notice with Petition attached is 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 Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Harlan T. Pedretti, in the amount of $100.02, for car damage incurred as the result of driving into an excavation ditch at 2947 W. 32nd Street. on April 30, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Thomas C. Hilkin, in the amount of $1500., for car damage incurred as the result of a collision with a police car on March 12, 1977 at inter- section of 9th and Central Ave., pre- sented and read. Councilman Tully moved that the notice of claim be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 30-77 AN ORDINANCE AUTHORIZING PAUL J. UHLRICH TO CONSTRUCT STEPS AT 729 LINCOLN AVE. ON LOT 1 OF N.E. 1/2 OF LOT 70 COOKS ADDN. IN THE CITY OF DUBUQUE, IOWA, presented and read. Councalrnan Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that the Special Session, May 16, 1977 227 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 Stackis, Councilmen Brady, pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 30-77 AN ORDINANCE AUTHORIZING PAUL J. UHLRICH TO CONSTRUCT STEPS AT 729 LINCOLN AVE. ON LOT 1 o1 N.E.1 /2 OF LOT 70 COOKS ADON. IN THE CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Paul J. Uhirich as owners of the premises known as Uhl - rich Properties, 729 1/2 Lincoln in the City of Dubuque. Iowa be, and they are hereby granted the revocable permit and authority to construct and maintain Steps at 729 1 /2 Lincoln under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittes and approved by City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mittees agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or mainten- ance of said steps; 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, instal- lation, existence, construction or main- tenance of said Steps, sustained by any person or persons, caused by accident or otherwise, to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of Steps and to pay reasonable 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, in- stallation, construction, maintenance and repair of the facility, work or im- provement 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 Steps and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said Steps at permittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said Steps. Section 5. permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, con- struction, repair or maintenance of said facility and said permittee hereby 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 Orin any way connected with the location, installation, construction, de. sign, repair and maintenance of the facility herein permitted. Section 9. This Ordinance shall become effective and the rights her- eunder accrue to Paul J. Uhbtich when this Ordinance has been adopted by the City Council and the terms and condi- tions thereof accepted by permittees by acceptance endorsed on this Ordinance. Passed, approved and adopted this 16th day of May. 1977. 04080 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO - 30 -77 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 30-77 hereby. for themselves, their successors or assigns. 228 Special Session, May 16, 1977 as owners of the abutting property. accept the same and agree to be bound by the conditions and agreementsther- ein h r- ein contained to be performed permittees. Dated 5-3-77 By: Paul J. Uhlrich property Owner Published officially in the Telegraph Herald Newspaper this 2(#h day of May 1977 Leo F. Frommelt City Clerk It 5 20 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carriedby the following vote: Yeas — Mavor Stackis. Councilmen Brady. Pregler. Tully, Wertzberger. Nays — None. AN ORDINANCE providing that Code of Ordinances be amended by adding a new chapter to be numbered 12 1 2 creating a Civic Center Commission for the City of Dubuque, Iowa, estab- lishing number of members thereof and prescribing the powers and respon- sibilities thereof, presented and read. Councilman Tully moved that the Or- dinance be tabled to the Council Meet- ing of May 24, 1977. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays — None. AN ORDINANCE vacating the alley - between Wall and Pine Streets extend- ing westerly from Market Square and terminating at Cypress Street in the City of Dubuque. Iowa, and authorizing disposal of same• presented and read. Mavor Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council. man Pregler. Carried by the following vote: Yeas — Mavor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Mavor 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. bt dispensed with. Seconded by Council man Pregler C'amed by the following vote Yeas — Mavor Stacks. Councilmen Brady. Pregier. Tully. Wertzberger N&YY — None. Mayor Stac" moved that a public heanng be held on the Ordinance o June 6. 1977 at ' 30 o clock P M in th Council Chamber at the City Hall an that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackts, Councilmen Brady, Pregler, Tully. Wertzberger Nay_ s — None. RESOLUTION NO. 142.77 Approving a plat of a portion of a Vacated Alley. WHEREAS. the City of Dubuque has vacated a portion of a certain alley to prepare the land for sale: and WHEREAS, a lot subdividing that certain alley into Lot 1-A in Block IS of Dubuque Harbor Improvement Com- pany's Addition in the City of Dubuque, Iowa. has been examined by the City Council of the City of Dubuque. Iowa. NOW THEREFORE. BE IT RE- SOLVED by the City Council of the Citv of Duouque. Iowa. Seetlon 1. That the plat dated May 13. 1977 prepared by John L. White. a registered Land Surveyor, subdividing the following described property into Lot I -A to Block 18 of Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa. be and the same is hereby approved. Thirtv (30) foot wide alley from Market Square to the Illinois Central Rail- road nght-of-way in Block 18 of Dubuque Harbor improvement Company's Addition in the City of Dubuque. Iowa, abutting the south part, Lou I through 8 inclusive, the south part of Lot 14. Lots 15 through 22 inclusive. and Market Square. each in Block 18 Section 2. That the Mavor and the Citv Clerk be and they are hereby auth- onzed and directed to execute said plat for and on behalf of the City of Dubuque. Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Dubuque. County. Iowa - Passed. approved and adopted this 16th day_ of May. 1977. Emil Stackis Mayor Thomas A Tully Jr Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST. f Leo F Frommelt City Clerk f Mayor Stackis mov ed adoption of the Special Session, May 16, 1977 resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 143-77 WHEREAS. City of Dubuque. Iowa, as Lessor, and Dubuque Chips, Inc., as Lessee, propose to enter into a Lease Agreement covering certain city owned real estate and the term of said Lease is in excess of three (3) years and said lease contains and offer to purchase. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the proposed Lease by and between the City of Dubuque, Iowa, as Lessor, and Dubuque Chips, Inc., as Lessee, be and the same is her- eby approved. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to enter into said Lease for a term in excess of three years as is by law required. Passed, approved and adopted this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution and June 6, 1977 be set as public hearing. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 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 PROVIDE THAT OVER- WEIGHT AND OVERLENGTH ILLINOIS TRUCKS TO LEGALLY PICK UP AN- D:OR DELIVER IN DUBUQUE, IOWA, PURSUANT TO THE AUTHORITY OF SECTION 321.457 OF THE 1975 CODE OF IOWA, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: 16, 1977 229 Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -- None. 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 PROVIDE THAT OVER. WEIGHT AND OVERLENGTH ILLINOIS TRUCKS TO LEGALLY PICK UP AN. D:OR DELIVER IN DUBUQUE, IOWA, PURSUANT TO THE AUTHORITY OF SECTION 321.457 OF THE 1975 CODE OF IOWA. NOW THEREFORE BE IT OR- DAINED BY THE City Council of the 0tv of Dubuque, Iowa: Section 1. That Section 25-88 of the Code of Ordinances of the City of Dubuque. Iowa be amended so that such Section shall read as follows: Sec. 25-88. Vehicles Entering City from Illinois A motor vehicle or combination of motor vehicles entering the corporate limits of the City of Dubuque from the Stale of Illinois or leaving the corporate limits of the City to the State of Illinois. may be operated upon the designated highways and or local streets in the commercial zones In Dubuque, Iowa, irrespective of weight and length limi- tations imposed by the laws of the State of Iowa, it the weight and length of the motor vehicle Is in compliance with the laws relating to weight and length of motor vehicles of the State of Illinois." Passed, approved and adopted this 19th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Fro -melt City Clerk Published officially in the Telegraph Special Session, May 16, 1977 Herald Newspaper this 19th day of May, 1977. Leo F. Frommelt City Clerk It5:19 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. ORDINANCE NO. 32-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ADDING A NEW DIVISION 6 TO ARTICLE VIII OF CHAPTER 25 THEREOF TO ES- TABLISH SPECIALLY DESIGNATED PARKING PLACES FOR THE HAN- DICAPPED IN THE CITY OF DUBUQUE, IOWA, presented and read. Dave Davis addressed the Council stating there was no prescribed number of spaces. Councilman Tully 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. 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 ESTAB- LISH SPECIALLY DESIGNATED PARKING PLACES FOR THE HAN- DICAPPED IN THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE 1T OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by adding Division 6 to Article Vlll of Chapter 25, thereof as follows: Division 6. PARKING PLACES FOR THE HANDICAPPED Sec. 25-344. PURPOSE The purpose of this Act is to establish permanent parking for handicapped persons_ Sec. 25-345. FACTS FOUND The City Council of the City of Dubuque finds there is a need for permanent parking places for handicapped persons in order that various facilities and bu- sinesses within the City of Dubuque will be accessible to, and be functional, for handicapped persons. Sec. 25-346. DESIGNATED PARKING 1. Special parking places are hereby set aside as special parking places for han- dicupped persons and shall be designat- ed as special parking places only for parking motor vehicles displaying a special identification device issued by the Iowa Department of Transportation. 2. In those cases where there is public angular parking, such angular parking places designated for handicapped parking shall have a parking place width of no less than twelve (12) feet to provide for access to and from the parking space by those handicapped persons who are confined to wheel- chairs or need the use of walkers or crutches for their mobility. Sec. 25-347. SIGNS The Chief of Police shall cause appro- priate signs to be installed at the ap- proved parking places indicating such parking places are designated only for the use of handicapped persons. Sec. 25-348. PROHIBITED USE AND PENALTY FOR IMPROPER USE 1. The use of parking places which are described herein as special parking places for handicapped persons by a motor vehicle not displaying a special identification device issued by the Iowa Department of Transportation shall be a misdemeanor for which a fine of not less than Twenty-five Dollars ($25.00) and not to exceed One Hundred Dollars ($100.00) shall be imposed. 2. The special identification device is- sued by the Iowa Department of Tran- sportation shall be displayed in such a manner that the device is clearly legible from the outside the vehicle, when the vehicle is parked in a specially designat- ed parking place for the handicapped, Display of the special identification device by someone other than to whom it has been issued shall be a mis- demeanor for which a fine of not less than Twenty-five Dollars ($25.00) and not to exceed more than One Hundred Dollars ($100.00) shall be unposed. Sec. 25-349 AUTHORITY TO IM- POUND VEHICLES The Police Department of the City of Dubuque is hereby authorized to Special Session, May 16, 1977 231 remove or have removed from designat. ed special parking places for the han- dicapped, any vehicle violating Sec. 25-348 hereof Such said vehicle in violation ofSec. 25-348 shall be removed to a designated area of the choosing of the Police Department of the City of Dubuque and there be impounded. In addition to the penalities herein- before provided, the Owner or driver of said vehicle so impounded shall be required to pay the reasonable cost of towing charges and storage. SEC. 25-350. PARKING FOR NON - STATE RESIDENTS Non -state residents displaying their approved state parking emblem shall have access to handicapped parking within the City of Dubuque, providing they conform to each Section of the parking ordinance Sec. 25-351. EFFECTIVE DATE This ordinance shall be in full force and effective upon its passage and pub- lication as provided by law. Passed, approved and adopted this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of May, 1977. Leo F. Frommelt City Clerk 1t5:19 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. 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 NUM- BERED 27-63 PROHIBITING MOTOR VEHICLES TO ENTER EAGLE POINT PARK AFTER 10:00 O'CLOCK P.M., presented and read. Councilman Brady moved that the reading just had be considered thie first reading of the Or- dinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. 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 Stackis. Carried by the following Vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. 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 NUM- BERED 27-63 PROHIBITING MOTOR VEHICLES TO ENTER EAGLE POINT PARK AFTER 10:00 O'CLOCK P.M. NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by adding a section to be numbered Sec. 27-63 thereto as follows: Sec. 27-6.3. No motor vehicles, except regular Park Patrol vehicles, emergency vehicles and Police vehicles shall be permitted to enter Eagle Point Park after 10:00 o'clock P.M. Passed, approved and adopted this 16th day of May. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of May. 1977 Leo F. Frommelt City Clerk I t5:19 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Geisler Brothers request- ing refund of $10.00 due to clerical error in the issuance of two permits for the same job, presented and read. Council- man Pregler moved that the refund be approved and City Auditor directed to 232 Special Session, May 16, 1977 issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Memorial Dav Committee requesting permission to conduct a Memorial Day Parade on May 30, 1977, presented and read. Councilman Pregler moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Michael F. Pusateri requesting a refund of $211.25 on the unexpired portion of Beer -Liquor License No. 3140, discontinued business on March 25, 1977, presented and read. Councilman Pregler moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of th? Unification Church requesting permission to conduct fund raising activities in the City, presented and read. Councilman Pregier moved that the request be DENIED. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Shive Hattery and As- sociates requesting approval of installa- tion of street lights on Pasedena Drive in Asbury Springs Sub. No. 3 and 4, pre- sented and read. Councilman Pregler moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 12, 1977 Honorable Mayor and City Council You have before you a request from Shive-Hattery and Associates for street lighting in Asbury Springs Subdivision No. 3 and No. 4. The area has been investigated and it is recommended that eight metal light standards be approved. A copy of Mr. Alber's letter is attached describing the locations. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and recommendation approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 4, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of the subdivision of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of "High -Land Farm" Subdivision in the City of Dubuque, Iowa. The property lies south of West 32nd Street, and northeast of "Arbor Oaks' Subdivision, as shown on the attached map. The intent of the Lot split is to allow Lot 2 of the subdivision to become part of the "Arbor Oaks" development. The Planning and Zoning Commis- sion has voted to approve the plat, as submitted, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 144-77 Resolution Approving Plat of Subdivi- sion 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, Dubuque County, Iowa, now in the City of Dubuque, Iowa, WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High -Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa, is platted as; Lot 1 of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot l of Lot 2 of Lot 1 of Lot 1 of High -Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa, and Lot 2 of Subdivision of Lot l of Lot 1 Special Session, May 16, 1977 233 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High -Land Faun, Dubuque County. Iowa, now 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 Citv of Dubuque. Iowa. Section I. 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 16th day of May. A.D., 1977. Emil Stacks Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. April 25, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plats of a subdivision of Lot 1 and Lot 2 of "Marilyn Place" on on property lying on the north side of the 2300 block of Kaufmann Avenue in the City of Dubuque, Iowa. The intent of the lot split is to allow the northerly portion of the subdivision to become part of Lot I I and Lot 12 of Cherry Valley Subdivision, as shown on the attached map. The Planning and Zoning Commis- sion has voted to approve the plats, as submitted, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mavor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 145-77 Resolution Approving the Plat of Lot of Sub. of Lot 1: Lot 2 of Sub. of Lot 1: Lot 1 of Sub. of Lot 2; and Lot 2 of Sub. of Lot 2; All In "Marilyn Place" on Kaufmann Avenue In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Lot 1 of sub. of Lot 1; Lot 2 of sub. of Lot 1; Lot 1 of sub. of Lot 2; and Lot 2 of sub. of Lot 2; all in "Marilyn Place" on Kaufmann Avenue in the City of Dubuque, Iowa; by Bruce D. Rothenberger and Marilyn C. Roth- enberger, husband and wife; and WHEREAS, there are no streets or other public improvements to be in- stalled, no security for construction and maintenance of public improvements should be required and; WHEREAS, said plat has been ex. amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the C-ity of Dubuque. Iowa: Section 1. That the plat of Lot 1 of sub. of Lot 1; Lot 2 of sub. of Lot 1; Lot 1 of sub. of Lot 2: and Lot 2 of sub. of Lot 2; all in "Marilyn Place" on Kauf- mann Avenue in the City of Dubuque, Iowa, be and the same is hereby ap- proved and the Mayor and the City Clerk are hereby authorized and dir- ected to endorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, adopted and approved by recorded roll call this 16, day of May, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Richard Wertzberger James Brady Walter Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council. man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. RESOLUTION NO. 146-77 Resolution Approving the Plat of Lot 1 234 Special Session, May 16, 1977 of Sub. of Lot 1 of Lot 1; Lot 2 of Sub. of Lot 1 of Lot 1; Lot 1 of Sub. of Lot 1 of Lot 2; and Lot 2 of Sub. of Lot 1 of 2; all in "Marilyn Place" on Kaufmann Avenue In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Lot 1 of sub. of Lot 1 of Lot 1; Lot 2 of sub. of Lot 1 of Lot 1; Lott of sub. of Lot 1 of Lot 2; and Lot 2 of sub. of Lot 1 of Lot 2; all In the "Marilyn Place" on Kaufmann Avenue In the City of Dubuque, Iowa; by Bruce D. Rothenberger and Marilyn C. Roth- enberger, husband and wife; and WHEREAS, there are no streets or other public improvements to be in- stalled, no security for construction and maintenance of public improvements should be required and; WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That 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. o! Lot 1 of Lot 2; and Lot 2 of sub. of Lot 1 of Lot 2; all in "Marilyn Place" on Kaufmann Avenue in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, adopted and approved by recorded roll call this 16th, day of May. A.D., 1977. Emil Stackis Mayor Thomas A. Tully Richard Wertzberger James Brady Walter Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 147-77 Resolution approving acturlal report of the City of Dubuque Iowa, Police Retirement System and Fire Retirement System as of July 1, 1976. 16, 1977 NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Actuarial Report of the Police Retirement System and Fire Retirement System as of July 1, 1976 having been submitted to the City Council of Dubuque, Iowa, be and the same is hereby 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 May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 148-77 Requesting Financial Settlement of the Downtown Urban Renewal Project, Project No. Iowa R-15. WHEREAS, full repayment of the temporary loan from the Downtown Urban Renewal. Project No. Iowa R-15, will be made to the Department of Housing and Urban Development by July 1977; and WHEREAS, pursuant to Section 570.803 of the Housing and Community Development Act of 1974, such payment will enable the City of Dubuque to proceed with financial settlement for the Downtown Urban Renewal Project. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa that the City Manager be and he is hereby authorized and directed to provide a written request to the Department of Housing and Urban Development to effect a financial settlement of the Downtown Urban Renewal Project, Project No. Iowa R -l5. Passed, approved and adopted this Special Session, May 16, 1977 235 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Pregler, Tully, Wertzberger. Nays — Councilmen Bradv RESOLUTION NO. 149-77 Authorizing submission of a request 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 June 23, 1976, and completed an Environ- mental Assessment of the following identified proposals (projects) with Community Development Block Grant funds; and Rehabilitation Loans and Grants Interim Assistance 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, Wednesday, July 30, 1976; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the purposals (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 appro- priate to receive such a Public Notice; and WHEREAS, any and all objectives, 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 Council of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the propo- sals (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. Depait- ment of Housing and Urban Develop- ment on May 26, 1977, 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 environmen- tal 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 5. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer- tification pertaining to the environ- mental review procedures. 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 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program. the City of Dubuque intends to tile, a request on May 26, 1977, for Releaseof Fundsfor 236 Special Session, May 16, 1977 Certification of the following identified projects to be undertaken with funds made available under Title i of the Housing and Community Development Act of 1974. REHABILITATION LOANS AND GRANTS INTERIM ASSISTANCE 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 Citv Hall, 13th and Central Streets, Dubuque, Iowa, where said records may be examined and copied between the hours of 5:00 A.M. and 5:00 P.M., Mon- day through Friday until 5:00 P.M. on the 10th day of June, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex. ecutive Officer of the applicant is Mayor Emil Stackis. The mailing address for both the applicant and the Chief Ex- ecutive Officer is City Hall, 13th and Central 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 Emil Stackis, in his official capacity as Mayor, consent to accept the jurisdic- tion 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 on 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 basis: (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 fund$ on basis other than those stated abovt will not be considered by HUD. No objection received after the 10th day of June. 1977, will be considered by HUD. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 10, 1977 Honorable Mayor and Members of City Council We have been advised by the HUD Omaha Area office today by telephone that Dubuque's third year Community Development Block Grant Program in the amount of $882,000 has been ap- proved. The attached resolution auth- orizes the Mayor to execute the neces- sary grant agreement. A number of the activities to be fin- anced through this program require certain actions by the City before funds can be requisitioned and expended. We have noted these required actions on the attached summary of the total program. The City must also continue to comply with equal opportunity requir- ements, Federal labor standards, lead based paint hazards, clean air and Federal water pollution control acts, non-discrimination requirements and adherence to regulations relating to administrative expenses. Daniel Dittemore Director Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Na_vs — None. RESOLUTION NO. 150-77 Authorizing the Execution of a Com- munity Development Block Grant Agreement with the U.S. Depart- ment of Housing and Urban Development 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 $882,000 for twelve month program beginning July 1, 1977; and WHEREAS, A Grant Agreement covering the activities proposed to be Special Session, May 16, 1977 237 carried out with Community Develop- ment Block Grant funds has been ten- dered the City of Dubuque; now therefore BE IT RESOLVED BY THE City Council of the Citv of Dubuque, Iowa: Section I. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development on May 10, 1977 for Dubuque's Third Year Community Development Block Grant Program is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is herebv authorized and directed to execute a Community Development Block Grant Program Agreement identified as Grant Agreement B -77 -MC -19.0004 for sub- mission to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. May 5, 1977 Honorable Mayor and Members of City Council The environmental assessment for the following Community Development Block Grant activity has been completed. Adult Day Care Center Enclosed you will find the following items: Resolution — "Authorizing Publica- tion of Notice of the Environmental Finding" A copy of the Environmental Review Record which will be placed on file in the City Clerk's office upon adoption of the Resolution. Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 151-77 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Develop- ment Block Grant Project WHEREAS, the City of Dubuque will be entering into Grant Agreement B -77 -MC -19-0004 with the U.S. Depart- ment of Housing and Urban Develop- ment, providing for financial assistance to the City under Title 1 of the Housing and Communitv Development 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 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 Citv 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 project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Building modifications including ramping, electrical service and wiring, gas or electric heating, plumbing and installation of additional bathroom in St. John's Episcopal Church, 14th and Main. Area modified to be utilized as an Adult Day Care Center operated by Project Concern, Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its first meeting after June 3. 1977, authorizing the submis- sion of a request to the U.S. Department of Housing and Community Develop- ment Act of 1974, to undertake the project. Passed, approved and adopted this 238 Special Session, May 16, 1977 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community Development Block Grant Program, the City of Dubuque has prepared a Notice of Finding of No Significant Effect on the Environment for the Project iden- tified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Building modifications including ramping, electrical service and wiring, gas or electric heating, plumbing and installation of additional bathroom in St. John's Episcopal Church, 14th and Main. Area modified to be utilitzed as an Adult Day Care Center operated by Project Concern. The City of Dubuque has found that this project has no significant effect on the environment based on the following facts and reasons. I Assessment of the nature, magni- tude, and duration of any adverse and position impacts; 2 Consideration of alternatives to the Project, 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- tural or cultural significance. The City of Dubuque has made an Environmental Review Record for this Project, and has placed this record on file in the office of the City Clerk in City Hall,13th and Central Streets, Dubuque, Iowa. This environmental record is available for examination 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 Project is proposed to be conducted and the City of Dubuque intends tc 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 Project. Comments may be submitted to the City of Dubuque until 12:00 Noon, Friday, June 3, 1977, addressed to Emil Stackis, Mayor of the City of Dubuque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and Published May 18, 1977 Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 11, 1977 Honorable Mayor and Councilmen SUBJECT: Avon Park — Application for Federal Assistance On April 18, 1977, we advised that the application for supplementary federal assistance for acquisition and develop- ment of Avon Park was not approved by the Iowa Conservation Commission. At that time, you had also approved a Re- solution authorizing acquisition of two parcels for the park, to be fully funded through the Community Development Block Grant. In our discussions with the Conser- vation Commission's staff, we learned that our inclusion of certain site preparation items, such as structure demolition, grading, street curb re- placement, and others, produced a rela- tively low ranking in the "Site Quality" criteria used in their project rating system. The total development cost for Avon Park is now estimated to be $62813.00. This figure includes $17,204.00 for site preparation work. We are hopeful that with the exclusion of these supportive items and an amended application the project might still stand a good chance of receiving partial sup- plementation from the Land and Water Conservation Fund. We wish to resubmit an amended application for 50% cost sharing of an estimated $45,609.00 of recreation relat- ed development items. Contribution of the Community Development Block Grant funds would be $40,009.00, in- cluding approximately $17,000.00 in- dependently funded site preparation costs and $22,805.00 to match the requested LAWCON funding. We have attached a Resolution authorizing the submittal of the amended application. Additionally the Assurance of Com- Special Session, May 16, 1977 239 pliance will require the Mayor's signa- ture We request your approval to sub- mit the amended application and ask vour approval of the attached Resolu- tion and Assurance of Compliance. Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 152-77 Authorizing Submission of a Request for Funds for Development for Outdoor Recreation (Avon Park) under the Land and Water Con- servation Fund Program WHEREAS, the City of Dubuque is interested in developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of the City of Dubuque and the State of Iowa: Project Title — Avon Park Development Total Estimated Cost — $45,609 Brief Description of Project: The City of Dubuque proposes to develop a 0.5 acre tract of land in the lith Street Neighborhood for a neigh- borhood park including playground equipment, basketball court, walkways, seating, tree plantings. Work will be accomplished by contract during 1977 and 1978. AND, Land and Water Conservation Fund financial assistance is required for the development of said outdoor recreational facilities, NOW THEREFORE, BE IT RE- SOLVED BY THE City of Dubuque that the project described above be authorized. AND, be it further resolved that said City of Dubuque make application to the State Conservation Commission to seek Land and Water Conservation Fund financial assistance from the Bu. reau of Outdoor Recreation in the amount of 50% of the actual cost of the project in behalf of said City of Dubuque. AND, BE IT FURTHER RESOLVED BY THE City of Dubuque that it cer- tifies to the following: 1. That it will accept the terms and conditions set forth in the BOR Grants -in -Aid Manual and which will be a part of the Project Agreement for any grant awarded under the at- tached proposal. 2. That it is complete accord with the attached proposal and that it will carry out the development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commission. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the ex- pense of said City of Dubuque for public outdoor recreation use. 4. That no financial assistance has been given or promised under any other Federal program or activity with regard to the proposed project, except Community Development Block Grant funds. 5. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88.352 (1964) and of the regulations promulagated pur- suant to such act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate fin- ancial records on the proposed project to substantiate claims for cost sharing. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Dubuque at a legal meeting held on this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 6, 1977 To the Honorable Mayor and City Council 1 hereby submit the plans and specifications for the Cooper Place Steps. Gilbert D. Chavenelle City Manager 240 Special Session, Councilman Tully moved that the communication be received and filed. Seocnded by Councilman Wertzberger Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 153-77 Preliminary Estimate in the amount of $20,839.24 Alternate I and $25,499.12 Alternate 11 for construction of Cooper Street Steps, presented and read. Coun- aman Tully moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 1541-77 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: 1. An estimate of the cost of the proposed improvement for the con- struction of the Cooper Place Steps. BE IT THEREFORE PESOLVED 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 expense of making said improvement will be paid from the Revenue Sharing Fund. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 16th day of May, 1977 Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 16, 1977 ATTEST: Leo F. Frommelt Citv Clerk Councilman Tully moved approval of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 155-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the construction of the Cooper Place Steps. BE IT THEREFORE RESOLVED that on the 6th day of June 1977, a public heating will he 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 four nor more than 20 days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 16th day of June, 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. Communication of Planning and Zoning Commission recommending favorable consideration of final plat of Lots 1 thru 5 of Block 1; Lots 1 thru 12 of Block 2; Lots I thru 3 of Block 3; and Block 4 in Equestrian Heights and a Special Session, May 16, 1977 241 RESOLUTION approving plat of Equestrian Heights Sub. No. I in the Citv of Dubuque, Iowa, presented and read. Attorney Leo McCarthy addressed the Council relative to communication and resolution. Conuncilman Tully moved that the communication and resolution be tabled to the Council Meeting of June 6, 1977, . Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. May 11, 1977 Honorable Mayor and Members of City Council The enclosed resolution will author- ize the execution of a revised contract for the Section 8 Existing Housing As- sistance Payments Program. The City of Dubuque has a five-year contract under this program which commenced June 11, 1976 with the first fiscal year ending June 30, 1977. The contract authorized the following unit distribution for the City of Dubuque: 1 Bedroom — 154 2 Bedroom — 48 3 Bedroom — 37 4 Bedroom — 10 The success of the program has been overwhelming in one and especially two bedroom unit classifications. Due to limitation in authorized rent levels, (Fair Market Rent — FMR) the three and four bedroom units, though in demand by large families, are not readi- ly available to our clients. We are unable to obtain a significant adjustment in the FMR. As a result it appears expedient to seek a transfer of units from the three and four bedroom unit classifications to the two bedroom classification, where a greater need is apparent. We have reviewed this plan with HUD staff and they concur with the recommendation. Such unit redistribu- tion will assist the City of Dubuque provide service to more low income families before June 30, 1977 than would be possible under the current distribution. We are hereby recommending your approval of this revision. The new unit Distribution will be. I Bedroom — 154 (no change) 2 Bedroom — 67 (increase of 19) 3 Bedroom — 25 (decrease of 12) 4 Bedroom — 3 (decrease of 7) The maximum Annual Contributions Contract amount will be $397,512.00 a reduction of $4,764, from the currently available $402,276. Such reduction is attributable to the lower cost of two bedroom units. Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays -- None. RESOLUTION NO. 156-77 Authorizing Execution of Annual Con- tributions Contract WHEREAS, the City of Dubuque (herein called the "Local Authori- tv„) proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Projects" as defined in the Annual Contribu- tions Contract and which at any time now or hereafter is incorpor- ated under the terms of such Contract. BE IT RESOLVED BY THE Local Authority, as follows: Section 1. The Annual Con- tributions Contract in substantially the form of contract hereto at- tached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart. The Director of the Department of Community Development is hereby authorized to forward such executed counter parts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the ex- ecution thereof as ntay be required by the Government. Section 2. Whenever the follow- ing terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution” shall mean this Resolution. (2) All other terms used in this Resolution and which are defined 242 Special Session, May 16, 1977 in the Annual Contributions Con- tract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect this sixteenth day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 11, 1977 To the Honorable Mayor and City Council Gentlemen: 1 am submitting plans and specifica- tions for Expansion of Iowa Street Parking Ramp. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seocnded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 157-77 Preliminary Estimate in the amount of $1,803,960, for addition of 300 Park- ing spaces and related facilities at the Iowa Street Park Ramp, presented and read. Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 158-77 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: I. An estimate of the cost of the proposed improvement. Addition of 300 Parking Spaces and Related Facilities at the Iowa Street Parking Ramp, 7th and Iowa Street, Dubuque, Iowa 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. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 159-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for Addition of 300 Parking Spaces and Related Facili- ties at the Iowa Street Parking Ramp, Seventh and Iowa Streets. BE IT THEREFORE RESOLVED that on the 6th day of June 1977, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objec- tors for the proposed improvement may appear and make objections 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 Special Session, May 16, 1977 243 newspaper published in the City of Dubuque which shall be not less than four (4) more than twenty (20) days prior to the day fixed for its considera- tion, and said Clerk is further instructed to advertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 160-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. The Corner Tap Ltd., 2093 Washington St. Gary Neilson and Dwaine D. Bowman, 841 Central Ave. Richard H. Tigges, 1701 Asbury Rd. Passed, adopted and approved this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 161-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT George William Pohlen, (Also Sunday Sales), McAleece Field CLASS "C" BEER PERMIT Cremer Grocery Company, 731 Rhom- berg Ave. Earl J. Tegeler, 620 S. Grandview Ave. Earl .1. Tegeler, 2850 Burlington St. Walgreen Co., 555 John F. Kennedy Rd. Passed, adopted and approved this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 162-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be 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 George William Pohlen, (Also Sunday Sales), McAleece Field CLASS "C" BEER PERMIT Cremer Grocery Company, 731 Rhom- berg Ave. Earl J. Tegeler, 620 S. Grandview Ave. Earl J. Tegeler, 2850 Burlington St. Walgreen Co., John F. Kennedy Rd. Passed, adopted and approved this 244 Special Session, May 16, 1977 16th day of May, 1477. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 163-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the 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 "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club, (Also Sunday Sales), End of Randall PI. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Richard H. Tigges, 1701 Asbury Rd. Bar X, Inc. (Also Sunday Sales), 2616 Windsor Ave. D.B.Q. Inc., (Also Sunday Sales), Fourth and Locust St. Jo Ann H. Klauer, 1097 Jackson Street Riverside Bowl Inc., (Also Sunday Sales), 1660 Hawthorne St. The Corner Tap, Ltd., 2093 Washington St. Passed, adopted and approved this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilmar Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmer Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 164-77 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 "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club, (Also Sunday Sales), End of Randall Pl. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Richard H. Tigges, 1701 Asbury Rd. Bar X, Inc., (Also Sunday Sales). 2616 Windsor Ave. D.B.Q. Inc., (Also Sunday Sales), Fourth and Locust St. Jo Ann H. Klauer, 1097 Jackson St. Riverside Bowl Inc., (Also Sunday Sales), 1860 Hawthorne St. The Corner Tap, Ltd., 2093 Washington St. Passed, adopted and approved this 16th day of May, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. 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. WHEREAS, arrangements have been completed for the Old Creamery Theatre Company to provide certain theatrical performances in the Five Flags Theatre between June 7, 1977 and May 31, 1978; and WHEREAS, it is necessary to enter Special Session, May 16, 1977 245 into a rental agreement to secure such performances. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque Iowa. Secdon I. That the City Manager be and he is hereby authorized and direct- ed to execute on behalf of the City of Dubuque a rental agreement with the Old Creamery Theatre Company of Garrison, Iowa for the use of the Five Flags Theatre. Passed, approved and adopted this 16th day of May. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business. Councilman Pregler moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt Citv Clerk Approved October 17, 1977 Adopted October 17, 1977 246 Special Session, May 26, 1977 CITY COUNCIL Brady, Pregler, Tully. Nays — Councilman Wertzberger. Communications of TV -FM Cable Advisory Commission submitting OFFICIAL names for replacement appointments or Special Session, May 26,1977. additions to their commission (For - Council met at 4:15 P.M. (C.D.T.) warded from meeting of May 16, 1977), Present — Mayor Slackis, Council- presented and read. Councilman Tully men Brady, Pregler, Tully, moved that the communications be Wertzberger. received and filed. Seconded by Mayor Absent — City Manager Gilbert D. Stackis. Carried by the following vote: Chavenelle Yeas — Mayor Stackis, Councilmen Mayor Stackis read the call and stated Brady, Pregler, Tully, Wertzberger. that service thereof had been duly made Nays — None. and this Meeting is called intmlen s to lith St e Pur- UNeighborhood submittingtion of Betty Krieg of W. pose of Considering Appo Various Boards and Commissions and names to serve on Historic Preservation acting upon such other business as may Committee (Forwarded from meeting of properly come before a Regular Meeting Ca May 977) presented and read. of the Council. n Tully moved that the com- Communication of Operation New munication be received and filed. View Requesting consideration for Seconded by Mayor Stackis. Carried by funding allocations, (Forwarded from the following vote: meeting of May 16, 1977), presented and Yeas — Mayor Stackis, Councilmen read. Councilman Tully moved to su- Brady, Pregler, Tully, Wertzberger. spend the rules to let anyone present Nays — None. address the Council if they so desire. Communication of Ad Hoc Advisory Seconded by Councilman Wertzberger. Board, Historical Preservation, submit - Carried by the following vote: ting list of names to serve on their Yeas — Mayor Stackis, Councilmen commission (Forwarded from meeting Brady, Pregler, Tully. Wertzberger. of May 16, 1977), presented and read. Nays — None. Councilman Tully moved that the com- D. H. Langfield of Operation New munication be received and filed. View spoke to Council relative to com- Seconded by Mayor Stackis. Carried by munication stating agency serves Jack- the following vote: son, Dubuque and Delaware Counties; Yeas — Mayor Stackis, Councilmen Various programs are designed for low Brady, Pregler, Tully, Wertzberger. income people to team to heldhem- Nays — None. selves; Requesting $7,000. in hard match May 25, 1977 from City of Dubuque, $7,000 from Dubuque County; $7,000 assessed from Delaware County and $3,000 from Jackson County. Mary Alice Foster stated present operating cost not over 15% of funding available out of budget of $1,161,167; Present Budget could grown to $1.5 million. Councilman Pregler moved that the communication of Operation New View be received and filed and directed $7,000. to Operation New View be rein- stated in Budget, also $10,000. on Al- coholism Control. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — Councilman Wertzberger. Councilman Pregler moved that a representative of the City Council be instructed to negotiate for abolition and governing Board be self-sustaining. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Honorable Mayor and Members of the City Council 1 request your affirmation of the ap- pointment of Wilbur Behlmer to the Board of Heating, Ventilating, Air -Con- ditioning and Refrigeration. It is required that this appointment to the Board be a registered engineer. It is for a three year term from March 16, 1977. Mr. Behlmer is a registered engin- eer and works in the Engineering Department of John Deere Tractor Works. He lives at 2635 New Haven. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and appointment be approved. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 20, 1977 To the Honorable Mayor and Members of the City Council. Special Session, May 26, 1977 247 In accordance with the provisions of Chapter 400, 1975 Code of Iowa, the Civil Service Commission conducted Bus Operator Examinations on January 12, 1977. The first ten applicants that passed the test were certified to your Honorable Body on January 17, 1977. We now herewith submit to you the next ten applicants because the first list has been exhausted. Tippe, John C. 86% Foht, Randall P. 84% Harkey, John R. 84% powers, Thomas J. 84% Shaw, Wesley R. 84% Arms, Howard W. 82% Boge, Daniel L. 82% Conner, Vincent G. 82% Hutchcroft, Thomas M. 82% Klein, James A. 82% Carolyn Farrell, BVM Chairperson John E. Hess Civil Service Commissioners ATTEST: Leo F. Frommelt City Clerk dressed the Council requesting a five member Commission; Recreation Com- mission should have representation, also one member should be from the Chamber of Commerce and three members at large. The proposed Ordinance was reviewed and after considerable discus- sion the Ordinance was referred back to the City Attorney to make proper cor- rections and presentation for final draft at the Council meeting of June 6th. Councilman Wertzberger moved that Donald Sanders and Lester Pihart be reappointed to the Planning and Zoning Commission for five year terms to 5.24-82. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business Mayor Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — N_Q Subscribed and sworn to before me Approved ..... t Obe,P.. 17 . 1977 this 24th day of May, 1977. Z. D. Hantelmann Notary Public Councilman Tully moved that the list be approved and communication be made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. An Ordinance amending Code of Or- dinances by adding a new Chapter to be numbered 121/2 creating a Civic Center Commission for the City of Dubuque. Iowa, establishing the number of members thereof and prescribing th'( powers and responsibilities thereof, presented and read. Jackie Merritt of Five Flags Executive Committee ad • Adopted ..O.0 t0 er T, 977 Special Session, May 26, 1977 Brady, Pregler, Tully. U I Nays —Councilman Wertzberger. Communications of TV -FM Cable Advisory Commission submitting RL names for replacement appointments or ty26,1977. additions to their commission (For - P.M. (C.D.T.) warded from meeting of May 16, 1977), Itackis, Council- presented and read. Councilman Tully rogler, Tully, moved that the communications be received and filed. Seconded by Mayor Hager Gilbert D. Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen he call and stated Brady, Pregler, Tully, Wertzberger. d been duly made Nays — None. filled for the Pur- Communication of Betty Krieg of W. Appointments to 11th St. Neighborhood submitting :ommisslons and names to serve on Historic Preservation r business as may Committee (Forwarded from meeting of i Regular Meeting May 16, 1977) presented and read. Councilman Tully moved that the com- Operation New munication be received and filed. )nsideration for Seconded by Mayor Stackis. Carried by ;Forwarded from the following vote: 17), presented and Yeas — Mayor Stackis, Councilmen IN moved to su- Brady, Pregler, Tully, Wertzberger. t anyone present Nays — None. if they so desire. Communication of Ad Hoc Advisory nan Wertzberger. Board, Historical Preservation, submit - ng vote: ting list of names to serve on their ckis, Councilmen commission (Forwarded from meeting Wertzberger. of May 16, 1977), presented and read. Councilman Tully moved that the com- Operation New munication be received and filed. II relative to com- Seconded by Mayor Stackis. Carried by ency serves Jack- the following vote: aluware Counties; Yeas — Mayor Stackis, Councilmen designed for low Brady, Pregler, Tully, Wertzberger. irn to helohem- Nays — None. DIM. in hard match May 25, 1977 aue, $7,000 from Honorable Mayor and DUO assessed from Members of the City Council ind $3,000 from 1 request your affirmation of the ap- pointment of Wilbur Behlmer to the r stated present Board of Heating, Ventilating, Air-Con- ,er 15% of funding ditioning and Refrigeration. get of $1,161,167; It is required that this appointment to Id grown to $1.5 the Board be a registered engineer. It is 0'regler moved that for a three year tern from March 16, )f Operation New 1977, Mr. Behlmer is a registered engin- e filed and directed eer and works in the Engineering Vew View be rein- Department of John Deere Tractor to $10,000. on Al- Works. He lives at 2635 New Haven. Iconded by Coun- Gilbert D. Chavenelle I by the following City Manager 0.ckis, Councilmen Councilman Tully moved that the communication be received and filed In Wertzberger. and appointment be approved. Second- ed by Councilman Wertzberger. Carried ler moved that a by the following vote: City Council be Yeas — Mayor Stackis, Councilmen for abolition and Brady, Pregler, Tully, Wertzberger. self-sustaining. Nays — None. tackis. Carried by May 20, 1977 ackis, Councilmen To the Honorable Mayor and Members of the City Council. ial Session, May 26, 1977 247 In accordance with the provisions of Chapter 400, 1975 Code of Iowa, the Civil Service Commission conducted Bus Operator Examinations on January 12. 1977. The first ten applicants that passed the test were certified to your Honorable Body on January 17, 1977. We now herewith submit to you the next ten applicants because the first list has been exhausted. Tippe, John C. 86% Foht, Randall P. 84% Harkev, John R. 84% Powers, Thomas.). 84% Shaw, Wesley R. 84% Arms, Howard W. 82% Boge, Daniel L. 82% Conner, Vincent G. 82% Hutchcroft. Thomas M. 82% Klein, James A. 82% Carolyn Farrell, BVM Chairperson John E. Hess Civil Service Commissioners ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 24th day_ of May. 1977. Z. D. Hantelmann Notary Public Councilman Tully moved that the list be approved and communication be made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. An Ordinance amending Code of Or- dinances by adding a new Chapter to be numbered 121/1 creating a Civic Center Commission for the City of Dubuque, Iowa, establishing the number of members thereof and prescribing thQ powers and responsibilities thereof\ presented and read. Jackie Merritt of Five Flags Executive Committee ad dressed the Council requesting a five member Commission; Recreation Com- mission should have representation, also one member should be from the Chamber of Commerce and three members at large. The proposed Ordinance was reviewed and after considerable discus- sion the Ordinance was referred back to the City Attorney to make proper cor- rections and presentation for final draft at the Council meeting of June 6th. Councilman Wertzberger moved that Donald Sanders and Lester Pihart be reappointed to the Planning and Zoning Commission for five year terms to 5-24-82. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business Mayor Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays — Nfjne. Approved October 17, 1977 Adopted October 17, 1977 CITY COUNCIL OFFICIAL Special Session, June 1, 1977. Council Met at 4:15 P.M. (C.D.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Tully. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of Adoption of a Resolution to Request Financial Settlement of the Downtown Urban Renewal Project Iowa RAS, and acting upon such other business as may properly come before a Regular Meeting of the Council. RESOLUTION NO. 166-77 Approving and Providing for the Ex- ecution of the Fifth Amendatory Contract Amending Contract No. Iowa R-15 (LG) by and Between the City o1 Dubuque, Iowa and the United States of America. WHEREAS, under date of July 26, 1967, the City of Dubuque (herein called the "Local Public Agency") and the United States of America (herein called the "Government") entered into a Loan and Capital Grant Contract No. Iowa R-15 (LG) for the undertaking of the Downtown Urban Renewal Project Iowa R-15; and WHEREAS, it is necessary to amend the said Contract by adding a new Sec- tion 15 to cover additional conditions pertaining to Affirmative Action Plan for Business Opportunity; compliance with Section 3 for employment of area residents, etc.; implementation of Sec- tion 102(a) of the Flood..... Disaster Protection Act of 1973; and confor- mance with pertinent requirements of the Environmental Protection Agency. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the pending proposed Fifth Amendatory Contract (herein called the "Amendatory Contract") amending that certain Contract No. Iowa R-15 (LG), dated the 26th day of July, 1967, by and between the City of Dubuque, Iowa, and the United States Of America is hereby in all respects approved. Section 2. That the Mayor is hereby authorized and directed to execute said amendatory Contract in two counter- parts on behalf of the Local Public Agency, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Pub- June 1, 1977 249 lic Agency on each such counterpart, and to forward such counterparts to the Department of Housing and Urban Development, for execution on behalf of the Government, together with such other documents relative to the ap- proval and execution of such counter- parts as may be required by the Government. Passed, approved and adopted this Ist day of June, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 167-77 A Resolution to Request Financial Settlement of the DownTown Ur- ban Renewal Project, Iowa R-15. WHEREAS, the City of Dubuque, Iowa hereinafter called the "City") and the United States of America, act- ing by and through the Secretary of Housing and Urban Development (her- einafter called the "Government") en- tered into contract Iowa R-15 (LG), as amended, providing for the Downtown Urban Renewal Project, Iowa R-15, (hereinafter called the "Project"); and WHEREAS, under the Housing and Community Development Act of 1974, Community Development Block Grant Funds, together with grant funds made available for the Program which remain after provision for costs incurred and unliquidated, contingent, or disputed claims or obligations, may be used for the repayment to the financial sett- lement of the Project; and WHEREAS, the City has submitted a preliminary request for financial sett- lement to the Government, and the City has been directed to proceed with a formal application for financial sett- lement; and WHEREAS, the Project has been subjected to an audit and final projects costs are now determinable. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the Government is 250 Special Session, June 1, 1977 hereby requested to approve the finan- cial settlement of the Project of which this Resolution is a part thereof. Section 2. That the Government is hereby requested to apply unearned grant funds under the Project to repay Project loans and to pay interest on said loans. Section 3. That it is hereby deter- mined that the Project is not subject to the provision of Section 105(f) of Title 1 of the Housing Act of 1949, as amended, by virtue of the fact that the character of the Project is predominately, nonre- sidential in character, either existing or proposed. Section 4. That it is hereby deter- mined that the Project is not subject to Section 105(h) of Title 1 of the Housing Act of 1949, as amended, by virtue of the fact that said section applies to projects for which a Survey and Plan- ning Contract was executed after December 24, 1969 and that the Survey and Planning Contract for the Project was executed prior to July 26, 1967, the date of the Project Loan and Grant Agreement. Section S. That it is agreed that the Project's financial settlement is subject to the satisfaction of any audit excep- tions with respect thereto. Section 8. That the Project is hereby determined to be financially complete in accordance with the requirements for substantial completion as defined in Title 24 Code of Federal Regulations, Part 58 (24 CFR 58.3). Section 7. That the unsold properties for which ownership is held by the City, identified in Exhibit "A" hereof, consti- tute all remaining Project disposition property and that proceeds from the sale or lease of any such property after financial settlement and any miscellan- eous income received due to said sett. lement shall be treated ads Community Development Block Grant Program in. come and programmed for eligible ac- tivities in accordance with the rules and regulations of said Program and said activities shall be carried out in accor- dance with subpart J of Title 24 Code of Federal Regulations, Part 570 (Program Management). Section 8. That with respect to the properties in Exhibit "A: hereof, the City of Dubuque, Iowa covenants to: a. Conform the use of said properties in accordance with the Urban Renewal Plan: b. Within a reasonable time after Project financial settlement, begin im. provements required by the Project on any of said properties acquired by the City or its assignees for purposes of redevelopment; c. Subject any proposed recon- veyance to those public disclosure requirements of Section 105(e) of Title I of the Housing Act of 1949, as amended, otherwise applicable to Local Public Agencies in the disposition of Urban Renewal Project land to redevelopers; and d. Prohibit discrimination upon the basis of race, color, religion, sex or national origin in the sale, lease, rental, occupany or other use of said properties or in any improvements erected or to be erected thereon. Section 9. That the City of Dubuque, Iowa hereby agrees to provide out of Community Development Grant Funds or other City funds payment for any costs or obligations incurred or to be incurred in connection with execution, close-out, audit, relocation, completion activities, property disposition, and fin- ancial settlement of the Project with respect to any claims, liens, or disal- lowances including litigation which have or may be filed or determined against said Project. Section 10. That all office supplies, furniture and fixtures held by Project are transferred to the City of Dubuque's Community Development Program at no cost. Section 11. That the City Manager be and he is hereby authorized and direct. ed to execute on behalf of the City of Dubuque, Iowa, those documents necessary to effectuate the financial settlement of the Project. Passed, approved and adopted this 1st day of June, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Wertzberger. Nays — Councilman Brady. Absent — Councilman Tully. There being no further business, Councilman Brady moved to adjourn. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Special Session, June 1, 1977 251 Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Leo F. Frommelt City Clerk Approved November 21, 1977 Adopted November 21, 1977 252 Regular Session, June 6, 1977 CITY COUNCIL OFFICIAL Regular Session, June B, 1977. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Stackle, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenalle. Mayor Stackis read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the City Council called for the pur- pose of acting upon such business as may properly come before the Meeting. Invocation was given by Rev. Frank- lin Klohn, Paster of St. John's Episcopal Church. A Proclamation proclaiming July 12th to 20th as "Operation Friendship Week" was read, approved and signed by Mayor Stackis. Communication of Planning and Zoning Commission submitting min- utes of their meeting of May 12, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Playground and Recreation Commission submitting minutes of their meeting of May 9, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting minutes of their meet- ing of May 12 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzgerber. Nays — None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of May 12, 1977, pre- sented and read. Councilman Wertz- berger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wei Nays — None. Communication of Community Development Commission submitting minutes of their meeting of May 10, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meetings of April 29 and May 16, 1977. presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Citizens Advisory Commission submitting minutes of their meeting of May 24, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Board of Dock Commissioners submitting minutes of their meeting of Mav 18, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seocnded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Elsie Link object- ing to the Washington Street diverters, more particularly at 18th and Washing- ton, because of the inability for trucks and vans having proper access to her building, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Five Flags Execu- tive Committee advising of payment in amount of $3,064.36, for repairing air conditioning system at the Five Flags Theatre, presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by Regular Session, June 6, 1977 the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Historic Preservation Advisory Board indicating no objection to the issuance of demoli- tion permit of a garage of 1296 Prairie Street, presented and read. Councilman Tully moved that the communication be received and filed and Building Depart- ment be advised. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Raymond E. Har- ris submitting his resignation from the Civil Service Commission effective May 23, 1977, presented and read. Council- man Tully moved that the communica- tion be received and filed and resigna- tion accepted wtith regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Communication of Dubuque's Hous- ing Commission advising of the accep- tability of a Section g New Construction Project sponsored by HOMZ Partners of Madison, Wisc., and requesting encour- agement to bring the project to com- pletion, presented and read. Council- man Tully moved that the Project be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Communication of HUD submitting an audit report for the Urban Renewal Program Iowa R-15 for the period from October 1, 1969 to December 31. 1976, authorizing the City to pay lump sum fee, presented and read. Councilman Tully moved that the communication and report be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of P and Z advising Of reclassification review of Ed Winders property at 2114 White Street; C. P. Pfohl property at E. 19th and Washing- ton Streets; HOMZ Partners of Madison property on west side of Sheridan Road north of Davis Avenue, presented and read. Councilman Tully moved that the communication be received and filed. 253 Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Commurication of Peoples Natural Gas submitting their annual operating report for the year 1976, presented and read. Councilman Tully moved that the communication and report be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 17, 1977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Water Superintendent, Health Department, as well as a list of claims paid, for the month of April, 1977. 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. Proof of Publication, certified to by the Publisher, of List of Receipts and Disbursements for the month of April, 1977, 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 Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Public Notice that the prevailing rate for water service con- nections is now raised to $5.00 per lineal foot, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 31, 1977 To the Honorable Mayor and Members of the City Council We have approved the following bonds and policies and desire to have ,your approval of same for filing purposes. BOND Teleprompter Corporation, in the 254 Regular Session, .lune 6, 1977 amount of $50.000 Republic Insurance Co., Policy = Ml 5515 No. 226 expiring 11-16.79. GENERAL LIABILITY Insurance Certificate of Robert .1. Schulte, Policy No. Hcc5.025712 to 4-23-78. SIDEWALK CONSTRUCTION BOND Carl Blosch. United Fire and Casualty Co., No. 55-54451, $1,000 to 6-4-78. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Dubuque Com- munity Schools Transportation Unit, in the amount of $175., for paint being sprayed on a school bus by the City due to faulty equipment, at Volunteer Drive on May Il, 1977, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of James Bocek by Henry Voels, in the amount of $83.61, for car damage incurred as the result of driving into a chuck hole in the 3100 Block of W. 32nd St. on May 23. 1977, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Suit of Mary C. (Sally) Fol- som, in the amount of $9000., for per- sonal injuries received in a fall on the west side of 1600 Block of Central Ave. on December 3, 1976, on a defective sidewalk, presented and read. Council- man Tully moved that the Notice of Suit be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Original Notice and Petition before the Iowa Industrial Commissioner ad vising of commencement of action by Steven R. Faust, a City employee, as the result of an accident during course of employment on December 19, 1975, presented and read. Councilman Tully moved that the Notice and Petition be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of public hear- ing by amending Zoning Ordinance to lassify recently annexed territory in Harwood Place and M. L. 237 and 238 into a C-3 Arterial Business Commercial District, presented and read. No writtee 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 Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 34-77 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 "HARWOOD PLACE" IN A C-3 ARTERIAL BUSI- NESS COMMERCIAL DISTRICT WHICH REAL ESTATE IS HEREIN- AFTER DESCRIBED, said Ordinance having been previously presented and read at the Council meeting of May 2, 1977, presented for final adoption. ORDINANCE NO. 34-77 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 NnntALD TO THE CITY OF DUBUQUE, IOWA, IN "HARWOOD PLACE", IN A C-3 ARTERIAL BUSI- NESS COMMERCIAL DISTRICT, WHICH REAL ESTATE IS HEREIN- AFTER DESCRIBED WHEREAS, the real estate herein- ufter described was recently annexed to, and became part of the City of lar Session, June 6, 1977 255 Dubuque. Iowa, by Resolution No. 53-77 of the City Council, passed, approved, and adopted at its meeting of February 21. 1977, which annexation was upon voluntary petition, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque Iowa, has approved and recommended that said territory recently annexed and hereinafter described be zoned and classified as a "C-3 Arterial Business Commercial District. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Soction 1. That Ordinance No. 32-75. known as the "Zoning Odrdinance and Zoning Map of the City of Dubuque, Iowa", be and the some is hereby amended by zoning and classifying; recently annexed territory, hereinafter described, as a "C-3 Arterial Business Commercial District", to wit Lot 2 of Lot 1; and Lot 2 in "Harwood Place"; and Lot 2 of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 all in Dubuque Township in the City of Dubuque, Iowa, consisting of 54 acres more or less. Passed, approved, and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard A. Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST. Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of June. 1977. Leo F. Frommelt City Clerk It6:9 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 by classifying recently annexed territory in Henschel's Black Forest as R -I 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 Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO, 35-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", WHICH AMENDMENTS SHALL ZONE AND CLASSIFY HEREINAFTER DE- SCRIBED TERRITORY RECENTLY ANNEXED TO THE CITY OF DU- BUQUE, IOWA IN "HENSCHEL'S BLACK FOREST". IN AN R-1 RESI- DENTIAL DISTRICT CLASSIFICATION presented and read. Councilman Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 35-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING MAP OF THE CITY OF DUBUQUE, IOWA", WHICH AMENDMENTS SMALL ZONE AND CLASSIFY HEREINAFTER DE- SCRIBED TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA IN "HENSCHEL"S BLACK FOREST IN AN R-1 RE. SIDENTIAL DISTRICT CLASSIFICATION WHEREAS, the real estate herein- after described was unnexed to, and became part of the City of Dubuque, Iowa, by City Council Resolutions No. 51-77, and No. 52-77, and only those properties hereinafter described, of Re- solution No. 50.77, all passed, approved, and adopted by the City Council on February 21, 1977, which annexations were upon voluntary petition. NOW THEREFORE BE IT OR. DAINED BY THE City Council of the City of Dubuque, Iowa: 256 Regular Session, June 6, 1977 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 zoning and classifying recently annexed territory, hereinafter described, in a "R-1 Residential District" classification, to wit: "Lot 2 of Lot 1 of Lot 1 of Lot I of Lot I of Lot 1. Lot 2 of Lot 1 except the southerly 29,58 feet thereof; Lot 2 of Lot 1 of Lot 1 of Lot 1; Lot 2 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1: Lot 2 of Lot 1 of Lot I of Lot I of Lot I of Lot I of Lot I of Lot I of Lot I: and to include Easement "B" Easement 'C', Easement 'D', and Easement 'G', all of which easements are for roadway purposes as shown upon the plat thereof. All herein de- scribed real estate and roadway ease- ments are part of "Henschel's Black Forest, in Table Mound Township, in the City of Dubuque, Iowa." Section 2. That said territories have become a part of the Thirteenth Voting Precinct of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of June, 1977. Leo F. Frommelt City Clerk It6:9 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance No. 32-75 to reclassify real estate in Eques- trian Heights from R-2 Residential to R-3 Residential District Classification, presented and read. Councilman Wertzberger moved to suspend the rules to let any one present address the Council if they so desire. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Attorney Leo McCarthy, representing the subdivider, addressed the Council as being in favor of reclassifying. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of John Ratterman et al (137 signers) objecting to the rezoning of the property west of Wahlert Higl; School along the North Side of Kane Street, presented and read. Tom Tobin of 2730 Hickory Hill spoke in objection to the petition, for rezon- ing. Councilman Wertzberger moved that the petition be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 16, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has taken offirial action to clarify the intent of a motion made at their meeting of January 19, 1977, on the petition of Gerald and Thomas Swift. The Swift request asked for R-3 Residential District classifica- tion on property fronting on Kane Street in "Equestrian Heights" Subdivi- sion in the City of Dubuque, Iowa. At their meeting of May 12, 1977, the Commission amended their minutes of January 19, 1977, to acknowledge receipt of the Swift's revised petition which reduced the acreage requested from R-3 Residential District classifica- tion from 3.5 acres to approximately 2.5 acres. The shaded pattern on the at- tached maps depict the proposals; Map 1 portrays the original 3.5 acre request and Map 2 shows the revised 2.5 acre plan. The Planning and Zoning Com- mission also took official action to amend their minutes to reflect their intent to deny the Swift's revised 2.5 acre rezoning proposal. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Communitv Development Councilman Wertzberger moved that Council Do not approve rezonii Seconded by Councilman Pregler. C ried by the following vote: Yeas — Mayor Stackis, Councilrr Regular Session, June 6, 1977 257 Brady, Pregler. Wertzberger. Nays — None. Abstain — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to classify recently annexed terri- tory known as the Manternach property on Peru Road as R-2 and R-4 Residential Districts, 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 Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. ORDINANCE NO. 36-77 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, KNOWN AS THE MANTERNACH PROPERTY ON PERU ROAD, IN RESIDENTIAL DISTRICT CLASSIFICATIONS, WHICH REAL ES- TATE IS HEREINAFTER DESCRIBED, said Ordinance having been previously presented and read at the Council Muting of May 2, 1977, presented for final adoption. ORDINANCE NO. 36-77 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, KNOWN AS THE MANTERNACH PROPERTY ON PERU ROAD, IN RESIDENTIAL DISTRICT CLASSIFICATIONS, WHICH REAL ES- TATE IS HEREINAFTER DESCRIBED WHEREAS, the real estate herein- after described was recently annexed to, and became part of the City of Dubuque, Iowa, by Resolution No. 75-77 of the City Council, passed, approved, and adopted at its meeting of March lo, 1977, which annexation was upon voluntary petition, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque. Iowa, has approved and recommended that said territory recently annexed and hereinafter described, be zoned and classified in an "R-2 and R4 Residential District" classification. NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Swoon 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 zoning and classifying recently annexed territory, hereinafter described, as an "R-2 Residential Dis- trict", to wit: Lot 1.1-1 of the Northwest One Quarter of the Southwest One Quarter of Section 12, Township89 North, Range 2 East, of the 5th Principal Meridian, except that portion in the Southeast corner more particularly described as follows: Beginning at the Northwest Corner of Lot 2-1-t-1-1-1-1-1-14-1 of the Subdivision of Lot 1.1-1 and Mineral Lot 325 in Section 12, Township 89 North, Range 2 East of the 5th Principal Me- ridian in Dubuque County, Iowa; thence North ls&oo feet, more or less, along the East line of Lot 1-1-1 of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian, to a point; thence South 88 West 86.00 feet, more or less to a point, thence North 87 West 150.00 feet, more or less, to a point; thence North 55 West 169.00 feet, more or less to a point; thence South 81 West 60.00 feet, more or less to a point; thence South 46 West 218.00 feet, more or less, to a point; thence South 42 East 106.00 feet, more or less to a point; thence South 31 East 140.00 feet, more or less, to a point; said point being the Northwest corner of Lot 2-1.1 of the Northwest One Quarter of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of 5th Principal Meridian; thence South 89 21 feet 176.00 feet to the Northeast corner of said Lot 2.1-1; thence South 26 56 feet East 168.20 feet to the Eastern- most corner of said Lot 2-1.1; thence North 21.33 feet East 160.00 feet to a corner on Lot 1-1-1 of the Northwest One Quarter of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian; thence South 25 32 feet East 191.70 feet to the Southeast comer of said Lot 1-1-1; thence North 168.48 feet to the point of beginning, containing 34.3 acres, more or less, all to the City of Dubuque, Iowa. Swoon 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 zoning and classifying 258 Session, June 6, 1977 recently annexed territory, hereinafter described, as an "R-4 Residential Dis- trict", to wit: Lot 2 -1 -1 -1 -I -1.1-1•I-4-1 of the Sub- division of Lot 1-1-1, Lot 2-1-1 of Mineral Lot 324, and part of Lot 1.1-1 of the Northwest One Quarter of the South- west One Quarter of Section 12, Town- ship 89 North, Range 2 East of the 5th Principal Meridian, more particularly described as follows: Beginning at the Northwest Corner of Lot 2-1-1-1-1 1-1.1-1-4-1 of the Subdivision of Lot 1-1-1 and Mineral Lot 324 in Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian, in Dubuque County, Iowa; thence North 155.00 feet, more or less, along the East line of Lot 1-1-1 of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian, to a point; thence South 88 West 86.00 feet, more or less to a point; thence North 87 West 150.00 feet, more or less, to a point; thence North 55 West 169.00 feet, more or less to a point; thence South 80 West 60.00 feet, more or less, to a point; thence South 46 West 218.00 feet, more or less, to a point; thence South 42 East 106.08 feet, more or less, to a point; thence South 31 East 140.00 feet, more or less to a point; said point being the Northwest corner of Lot 2-1-1 of the Northwest One Quarter of the South- west One Quarter of Section 12, Town- ship 89 North, Range 2 East of the 5th Principal Meridian; thence South 89 21 feet East 176.00 feet to the Northeast corner of said Lot 2.1-1 thence South 26 56 feet East 168.20 feet to the Eastern- most corner of said Lot 24-1; thence North 21 33 feet East 160.00 feet to a corner on Lot 1-1-1 of the Northwest One Quarter of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian; thence South 25 32 feet East 191.70 feet to the Southeast corner of said Lot 1-1-1; thence North 168.48 feet to the point of beginning, containing 4.1 acres, more or less, all in the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herold Newspaper this 10th day of June, 1977. Leo F. Frommelt City Clerk 1 t6:10 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Vacation and Place of Hearing to dispose of interest in an alley between Wall and Pine Streets to Dubuque Chips 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. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 37-77 AN ORDINANCE VACATING THE AL- LEY BETWEEN WALL AND PINE STREETS EXTENDING WESTERLY FROM MARKET SQUARE AND TER- MINATING AT CYPRESS STREET IN THE CITY OF DUBUQUE, IOWA, AND AUTHORIZING DISPOSAL OF SAME, said Ordinance having been previously presented and read at the Council Meeting of May 16, 1977, presented for final adoption. ORDINANCE NO. 37-77 AN ORDINANCE VACATING THE AL- LEY BETWEEN WALL AND PINE STREETS EXTEND.NG WESTERLY FROM MARKET SQUARE AND TER- MINATING AT CYPRESS STREET IN THE CITY OF DUBUQUE, IOWA, AND AUTHORIZING DISPOSAL OF SAME WHEREAS, Dubuque Chips, Inc. has petitioned the City Council of the City of Dubuque, Iowa for the vacation of the alley located between Wall and Pine Streets extending westerly from Market Square and terminating at Cypress Street in the City of Dubuque, lowu be vacated and that same be sold to said Petitioner; and WHEREAS City Council of the City of Dubuque, lowu finds and determines that said alley should be vacated as it serves no further public purpose; NOW THEREFORE BE IT OR- DAINED BY THE City Council OF THE CITY OF DUBUQUE, IOWA: Section 1. That the alley to be platted lar Session, June 6, 1977 259 and hereafter known and described as: Lot 1-A of vacated alley in Block 18 of Dubuque Harbor improvement Com- pany's Addition from Market Square to the 1. C.R.R. R.O.W. in the City of Dubuque, Iowa located between Wall and Pine Streets extending westerly from Market Square and terminating at Cypress Street in the City of Dubuque. Iowa be and the same is hereby vacated subject to the follow- ing terms and conditions hereinafter set forth and subject to and together with easements for utilities; 1) that said alley be disposed of by sale to Dubuque Chips, Inc. for the sum of 52,126.25 and that conveyance be made by Quit Claim Deed and said con- veyance shall be subject to the further condition that in the event the pur- chaser disposes by sale or otherwise, of said alley to any person. firm or corpor- ation other than such than is furnishing chips to Celotex Corporation that within a period of five (5) years of date hereof. City shall have the First right and option to repurchase said alley for the price paid by Dubuque Chips, Inc. therefor. Section 2. That the City Clerk be 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 6th day of Juen, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of June, 1977. Leo F. Frommelt City Clerk It6:10 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 1418-77 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph - Herald, a newspaper of general circula- tion published on May 19, 1977, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 1977 at 7:30 o'clock P.M. (CDT) 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 Chips, 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 Chips, 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 and to, and the conveyance of - Lot IA of vacated alley in Block 18 of Dubuque Harbor Improvement Com- pany's Addition from Market Square to the I.C.R.R. R.O.W. in the City of Dubuque. Iowa to Dubuque Chips, Inc. be and the same is hereby approved for the purchase price of $2.126.25. subject to the further condition that in the event the pur- chaser disposes, by oak or otherwise, of said alley to any person, firm or corpor- ation other than furnishing chips to Celotex Corporation that within a per- iod eriod of five (5) years of date hereof, the City shall have the first right and option to re -purchase said alley for the price paid by the purchasers herein therefor, that conveyance shall be by Quit Claim Deed and the City of Dubuque, Iowa will reserve unto itself all easements for utilities and for ingress and egreess to repair and maintain the same. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said deed of 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. Section 9. 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 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 260 Session, June 6, 1977 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Public hearing on a proposed lease and agreement with Dubuque Chips Inc. for Market Square excepting the Easterly 20' running par- allel with Market Street, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger Nays — None. RESOLUTION NO. 169-77 WHEREAS, the City of Dubuque Iowa has been negotiating with Dubuque Chips, Inc. for the negotia- tions of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease; and WHEREAS, a true copy of said writ- ten lease, marked Exhibit "A" is hereto attached and by reference made a part hereof; and WHEREAS, notice of intent to enter into said lease for a period in excess of three years has been published in the Telegraph Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa fixing the 6th day of June, 1977 at 7:30 o'clock P.M. (CDT) in the City Council Chambers in the City Hall, Dubuque, Iowa as the time and place of hearing on said published no- tice of intent to enter into lease; NOW THEREFORE BE IT RE. SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the proposed written lease agreement by and between the City of Dubuque, Iowa and Dubuque Chips, Inc. a copy of which marked Exhibit "A" is hereto attached and by reference made a part hereof, be and the same is hereby approved; and that there have been no objections, oral or written, to the entering into said lease by the City of Dubuque, Iowa. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized to execute said Lease for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this stn day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 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 SECTION 21-80 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND DECLAR- ING SAME TO BE NULL AND VOID, presented and read. Councilman Wertzberger 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 Stackis, Councilmen Brady, Pregler, 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 Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Prelgler, Tully, Wertzberger. Nays — None. 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 SECTION 21-80 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND DECLAR- ING SAME TO BE NULL AND VOID NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That Section 2J-80 of the Regular Session, June 6, 1977 261 Code of Ordinances of the City of Dubuque, Iowa is hereby repealed and declared null and void and of no effect. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of June, 1977. It 6:10 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote. Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE providing that the Code of Ordinances be amended by adding a new chapter to be numbered 121/2 creating a Civic Center Commis- sion for the City of Dubuque, Iowa, establishing the number of members thereof and prescribing the powers and responsibilities thereof, presented and read. Mayor Stackis moved that Ordin- ance be tabled to the next Council Meeting. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully. Nays Councilmen Brady, Wertzberger. Petition of Xavier Hospital requesting renovation of Sheridan Road, Peru Road to Central Avenue, (including the Viaduct), and 32nd Street west to John F. Kennedy Road, to help relieve traffic problems in the area, presented and read. Councilman Wertzberger moved that the petition be referred to the City Manager and Staff and they be directed to give Xavier Hospital a priority status. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Thomas E. Graham requesting permission to rent the build- ing at 8th and Town Clock Plaza, pre- sented and read. Councilman Wertz- berger moved that the petition be received and riled and referred to City Manager and Staff for investigation and report and directed to report back at next Council Meeting. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Richard C. Henschel requesting the installation of street lights on Richards Road and intersec- tion of Richards Road and proposed Cedar Cross Road, presented and read. Councilman Tully moved that the peti- tion he referred to City Manager and Electrical Inspector and further moved that City Manager's recommendation of approval be approved. Seconded by Councilman Wertzberger. Carried by the following vo!:-: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of James F. Link et al (51 signers) objecting to the rezoning of lots approx. 465 feet east of J.F.K. Road and have 125' frontage on W. 32nd St., from R-1 to OR -1 Residential District Clas- sification, presented and read. Council- man Tully moved that the petition be tabled to the next Council Meeting. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of LTD Construction Co. requesting a refund of $210. on two building permits which were never used, presented and read. Councilman Tully moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Dennis E. Hackbarth requesting a refund of $32.00 on garage building permit which was never used, presented and read. Councilman Tully moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Evening Optimist Club of Dubuque requesting a refund, in the amount of 5225., on the unexpired por- tion of Class "B" Beer Permit No. B2248.77 discontinued business on May 30, 1977, presented and read. Council- man Tully moved that the refund be 262 Regular Session, June 6, 1977 approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Councilman Pregler requesting drafting of an Ordinance requiring all city employees to live within the City limits, presented and read. Councilman Wertzberger moved that the petition he received and filed and referred to the City Solicitor and Council and City Manager instructed to set up a work session. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Personnel Direc- tor submitting a list of recommenda- tions and requesting the Council to investigate problems that may arise if a residency policy is a adopted, presented and read. Councilman Wertzberger moved that the communication be referred to the Citv Solicitor. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Giese Sheet Metal Co. Inc., requesting a refund of $6.50 due to can- cellation of air conditioning permit, presented and read. Councilman Tully moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Resolution of Pendency and hearing upon plans for construction of Cooper Place Steps, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 154-77 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: 1. An estimate of the cost of the proposed improvement for the con- struction of the Cooper Place Steps, 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 expense of making said improvement will be paid from the Revenue Sharing Fund. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 16th day of May, 1977 RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 6th day of June, 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 final adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECI- FICATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 170-77 WHEREAS, proposed plans and specifications and form of contract for the construction of the Cooper Place Steps have been approved by the City Council of the City of Dubuque and Regular Session. June 6, 1977 263 public notice given as provided by Chapter 384 the Code of Iowa, 1975 pertaining to public contracts and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 6th day of June, 1977; and WHEREAS, the City Council met in regular session this 6th day of June, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein 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 herebv adotped. BE IF 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 6th day of June, 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. (Ordoring Construction) RESOLUTION NO. 171-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 154-77 which was duly passed by this Council for the construction of the Cooper Place 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 adotpted 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 Revenue Sharing 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 6th day of June, 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. A RESOLUTION authorizing the City Manager to cause the structure of 311 S. Locust Street to be dismantled and removed, declared to be dangerous to life, health, and nuisance, presented and read. Councilman Pregler moved that the resolution be set for a public hearing before the Board of Health on June 20, 1977 at 7:00 P.M. in the Council Chamber and City Clerk to publish no- tice. Seconded by Councilman Wertz- t)erger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Itady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 172-77 Authorizing submission of a Request 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 May Regular Session, June 6, 1977 it, .P - and completed an Environ- mfm-,al Assessment of the following joen afied proposal (project) with Com- nunity Development Block Grant funds; and Removal of Architectural Barriers For An Adult Day Care Center WHEREAS, pursuant to Resolution No. 151-77 adopted May 16, 1977, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was published May 18, 1977, in the Dubuque Telegraph He- rald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Friday, June 3. 1977; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) 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 appro- priate to receive such a Public Notice; and WHEREAS, any and all objectives, 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 project; now therefore BE 1T RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for the proposal (project) shall continue to remain on file in the Office of the City Clerk, which 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 June 16, 1977, a request for release of funds to undertake the said Project. 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, 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 environ. mental reviews, decision-making and action. Section S. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer. tification pertaining to the environ- mental review procedures. 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 6th day of June, 1977. Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler 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 16, 1977 for Release of Funds for Certification of the following identified project to be undertaken with funds made available under Title 1 of the Housing and Community Development Act of 1974. Removal of Architectural Barriers For An Adult Day Care Center The City of Dubuque has made an Environmental Review Record for the project, and has placed these records on file in the Office of the City Clerk in City Hall,13th and Central Streets, Dubuque, Iowa, where said records may be ex- amined and copied between the housrs of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM,on the 30 day of June, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Emil Stackis. The mailing address for both the applicant and the Chief Ex- ecutive Officer is City Hall, 13th and Central Streets, Dubuque, Iowa. The City of Dubuque will undertake the project described above with block grant funds from the U.S. Department Regular Session, June 6, 1977 265 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 Emil Stackis, in his official capacity as Mayor, consent to accept the jurisidc- tion 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 basis: (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 basis other than those stated above will not be considered by HUD. No objection received after the 30th day of June, 1977. will be considered by HUD. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberg?r. Nays — None. RESOLUTION NO. 173-77 Recognition of a Neighborhood Or- ganization for Membership on the Community Development Commission WHEREAS, there has been estab- lished within the City of Dubuque a Community Development Commission to assure that a fair representation of the residents of the City of Dubuque participate in the continuous process of planning, programming and evaluating the Community Development Block Grant Program; and WHEREAS, the Community Development Commission provides for representation from neighborhood or- ganizations in numbers based upon their relationship to area in which Community Development Block Grant activities are to be undertaken; and, WHEREAS, the West End Neighbor- hood Association has petitioned the City Council for recognition and par- ticipation on the Community Develop- ment Commission, and has satisfactori- ly demonstrated its ability to represent the residents of their neighborhood. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That based upon the recommendation of the Community Development Commission at the regular meeting of May 10, 1977, the following neighborhood organization is entitled to one (1) representative for membership on the Community Development Commission. West End Neighborhood Association, bounded on the north by Asbury Road, on the south by Stoneman Road, on the east by John F. Kennedy Road and on the west by Radford Road. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yea — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Yeas Nays — None. RESOLUTION NO. 174-77 WHEREAS, the City of Dubuque, Iowa has purchased certain two parcels of real estate from Timothy K. Breitbach and Mary Vincentia Breitbach, as a park project under the Community Develop ment program; and WHEREAS a Warranty Deed dated the 31st day of May, 1977 has been delivered to City of Dubuque, Iowa and that said delivery should be NOW THEREFORE BE accepted; NOW SOLVED BY THE City Council of the Citv of Dubuque, Iowa: Section 1. That the Warranty Deed, dated May 31, 1977, wherein Timothy K. Breitbach and Mary Vincentia Breit- bach as grantors convey to the City of Dubuque, Iowa. 266 Regular Session, June 6, 1977 Lot 10 and Lot 6 in Mary Ann McDaniel's Subdivision of City of Du- buque, Iowa be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Pendency and Resolution of Necessity on plans, specs., etc. for the construction of addi- tion of 300 Parking Spaces and related facilities at 7th and Iowa Sts., 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 Pregler moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 158-77 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. An estimate of the cost of the proposed improvement for the Addition Of 300 Parking Spaces and Related Facilities at the Iowa Street Parking Ramp, 7th and Iowa Street, Dubuque Iowa. 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 rile with the City Clerk. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 16th day of May, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECI- FICATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 175-77 WHEREAS, proposed plans and specifications and form of contract for the Addition of 300 Parking Spaces and Related Facilities at the Iowa Street Parking Ramp 7th and Iowa, Dubuque, Iowa have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 the Code of Iowa, 1975 pertaining to public contracts, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 6th day of June, 1977; and WHEREAS, the City Council met in regular session this 6th day of June, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed Plans, specifications or contract for or Regular Session, June 6, 1977 267 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 weighted 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 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 176-77 A Resolution changing the bid dale for Proposals for Construction of an Addition to the Iowa Street Parking Ramp WHEREAS, the City Clerk, in Re- solution No. 159-77 was directed to ad- vertise for proposals for construction of an addition to the Iowa Street Parking Ramp; and WHEREAS, such notice has been preliminarily published stating that bids for an addition to the Iowa Street Parking Ramp will be received until 10:00 a.m., C.D.S.T., on the 27th day of June, 1977; and WHEREAS, it appears advantageous for the City to delay the bidding date until 10:00 a.m., C.D.S.T., on the 290 day of June, 1977. NOW THEREFORE, BE IT RE SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. The public notice for No- tice to Bidders be amended to state that sealed proposals will be received by the City of Dubuque at the office of the City Clerk, City Hall, Dubuque, Iowa until 10:00 a.m., C.D.S.T., on the 29th day of June, 1977 for construction of an addi- tion to the Iowa Street Parking Ramp. Section 2. That the City Clerk be directed to advertise for proposals in accordance with the requirements of the Code of Iowa, 1975, or as amended. Section 3. That the architect for the project be directed to notify by certified mail the change in the bidding date, all contractors that have secured plans and specifications. Passed, approved and adopted this 6th day of June, 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. May 17, 1877 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed two final plats, both in 'Timber Ridge" Ad- dition in the City of Dubuque, Iowa, and are depicted on the attached maps. The first plat divides Lot A of Block 5 into Lots 1 and 2 of Lot A of Block 5; and the second plat divides Lot 2 of the subdivi- sion of Lot A of Block 5 into Lot I and Lot 2 of Block 7. The subject properties lie on either side of westerly extension of June Drive. The Planning and Zoning Comfnis- sion has found both final plats to be in conformance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque, Iowa. The Com- mission recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development 268 Regular Session, June 6. 1977 Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. RESOLUTION NO. 177-77 RESOLUTION Approving Plat of the Subdivision of Lot A, Block 5 In Timber Ridge Addition in the City of Dubuque, Iowa WHEREAS there has been filed with the Citv Clerk a plat in which Lot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa is platted as: Lot 1 of Subdivision of Lot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa, and Lot 2 of Subdivision of Lot A, Block 5 in Timber Ridge Addition 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- dorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 176-77 Resolution Approving Plat of Block 7 in Timber Ridge Addition in the City of Dubuque, Iowa, WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of Lot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa is plated as: Block 7 in Timber Ridge Addition 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. Sectlon 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 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 179-77 Resolution approving the Plat of Block 7 in Timber Ridge 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 7 in Timber Ridge Addition in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel, husband and wife and WHEREAS, upon said plat appear streets to be known as June 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 Regular Session, June 6, 1977 269 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: Stetlon 1. That the dedications of June 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 Block 7 in Timber Ridge 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 June Drive with bi- tuminous concrete, or with concrete paving with integral curb, all in accor- dance 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, Richard C. Henschel and Mildred L. Henschel, husband and wife, as owner; j. To construct said improvements, except sidewalks and street lighting prior to June 6, 1978 and to construct the sidewalks and street lighting prior to June, 1979 and further provided that said Richard C. Henschel and Mildred L. Henschel, husband and wife, 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. Seeftn 3. That in the event Richard C. Henschel and Mildred L. Henschel, husband and wife, shall fail to execute the acceptance and fumish 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 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt Citv Clerk ACCEPTANCE OF RESOLUTION NO. 179-77 We, the undersigned Richard C. Henschel and Mildred L. Henschel hay. ing read the terms and conditions of the foregoing Resolution No. 179.77 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 6th day of June, 1977. Richard C. HenschelMildred L. Henschel TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 179-77 has been furnished by the owners. Dated at Dubuque. Iowa, this l8th day of July, 1977 Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Ilrady, Pregler, Tully, Wertzberger. Nays — None. May 10, 1977 Honorable Mayor and Councilmen 270 Regular Session, June 6, 1977 The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots 1 through 5 of Block l; Lots 1 through 12 of Block 2; Lots I through 3 of Block 3; and Block 4, all in "Equestrian Heights" Subdivision in the City of Dubuque, Iowa. The property abuts the northeast boundaries of property on Hickory Hill on the east side of Carter Road, and extends south toward Kane Street. The Planning and Zoning Commis- sion has found the plats to be in confor. mance with the Subdivision Regula- tions and Zoning Ordinance of the City of Dubuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 180-77 Resolution approving the Plat of Equestrian Heights Subdivision No. 1 In the City o1 Dubuque, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Equestrian Heights Subdivision No. 1 in the City of Dubuque, Iowa, by: Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, Owners, subject to easements of record and according to the recorded plats thereof of part of Lot 2 of Lot 2 of St. Mary's Place in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, upon said plat appear streets to be known as Arabian Trail, Clydesdale Court, Palomino Circle 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 thereof; and WHEREAS, said plat has been ex. amined by the City Council and they find that the same conforms to statutes and ordinances realting 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 RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa; Section 1. That the dedications of Arabian Trail, Clydesdale Court, and Palomino Circle, together with 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 Equestrian Heights Subdivision No. 1 in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided 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 Arabian Trail, Clydesdale Court, and Palomino Circle with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Dubuque stan- dard 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 construct all improvements in compliance with any and all applicable 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 the date of their acceptance by the City of Dubuque, Iowa; It. To provide the foregoing con- struction and maintenance at the sole expense of the Developer and Sub- divider, Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, as Owners; i. To construct said improvements, except sidewalks, prior to June 6, 1978, and to construct the sidewalks prior to June 6, 1979. j. To install in accordance with City Specifications, boulevard street lighting within 30 days after the completion of the adjacent curb and gutter within any particular section of the proposed Sub- division; and further provided that said Regular Session, June 6, 1977 Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, as Owners 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. Secdon 3. That in the event Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, as Owners of said Subdivision 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 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 un- animous recorded roll call this 6th day of June, A.D., 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 180-77 We, the undersigned Gerald P. Swift, owner Diane M. Swift, his wife and Thomas P. Swift, owner , Carole A. Swift his wife having read the terms and conditions of the foregoing Resolution No. I80-77 and being familiar with the conditions of thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 9th day of June, 1977 Gerald P. Swift Owner Diane M. Swift Wife and Thomas P. Swift Owner Carole A. Swift Wife To: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 180-77 has been furnished by the Owners. Dated at Dubuque, Iowa this 1st day of July, 1977. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 3, 1977 Honorable Mayor and City Council Attached is a resolution amending our Fiscal Year 1977 budget. This amendment is necessary to re- flect employee expense covered by the Comprehensive Employment Training Act. State Code stipulates that proposed amendments must be published and a public hearing held. Therefore, you are requested to set a date for a public hearing and adopt a resolution authorizing the City Clerk to publish proposed amendments and date of public hearing. 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. RESOLUTION NO. 181-77 A Resolution Directing the City Clerk to Publish Proposed Amendments to the Fiscal Year 1977 Budget and Date of Public Hearing WHEREAS, amendments are proposed to the FY'77 Budget; and WHEREAS. Section 384.16, Code of Iowa stipulates that public hearing must be held on budget amendments. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa: That they hereby direct the City Clerk to publish proposed amendments to the FY '77 Budget and date of public hearing. Passed, adopted and approved this 6th day of June, 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 resolution and public hearing be set for June 20, 1977 at 7:30 o'clock P.M. in the Council Chambers. Seconded by Coun- 772 Session, June 6, 1977 Gilman Werizberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager ad- vising that Tri-State Paving was the low bidder for construction of Main Street lights from Ist to 4th Street (forwarded from meeting of May 16, 1977), present- ed and read. Jim Duggan of Light Company gave verbal report on available light fixtures. Councilman Wertzberger moved that the communication and entire project be tabled to the next Meeting. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nav_ s — None. RESOLUTION NO. 182-77 Authorizing the Execution of a Con- tract for Audit Services for the 1 at and 2nd Year Community Development Block Grant Funds under Grant Agreements B -75 -MC -19-0004 and 8-76 -MC-19-0004 with the Department of Housing and Urban Development WHEREAS, under Title 1 of the Housing and Community Development Act of 1974 the City of Dubuque is required to procure an audit by an in- dependent Public Accountant of the accounts and records pertaining to Grant Agreements B -75 -MC -19-0004 and B -76 -MC -19-0004 and WHEREAS, proposals were solicited to provide such services in accordance with generally accepted auditing stan- dards an -1 the auditing and reporting requirements of the Department of Housing and Urban Development; 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 a Contract for Audit Services for the 1st and 2nd year Com- munity Development Block Grant Funds, with O'Connor, Brooks and Co. at a cost estimated not to exceed $550.00. Passed, approved and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 27, 1977 Honorable Mayor and City Council At this time last year, we were invited to submit an application for a $10,000 Planning Grant through the Section 701 Comprehensive Planning Assistance Program of HUD. We have been unable to undertake the staff work proposed in our initial grant program and have received approval to reallocate the grant funds to a different work program. We have preliminary authorization to pursue an environmental assessment element for the urban area land -use plan and propose to undertake such work with consultant assistance. John M. Roberts and William Gundman, faculty members of the Landscape Architecture Department at Iowa State University, have offered to serve as consultants on this project. We have prepared a proposed contract and have attached those parts of it describing the scope of services we would like to accomplish. The consultant expense will be fully paid from the 701 Grant. the 1/3 project cost that is required as local match will be made in the form of staff assistance to the project. We seek your approval of the at- tached Resolution authorizing the City Manager to enter into the amended 701 Grant Contract for consultant assistance. . Daniel Dittemore Director Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 183-77 Resolution Authorizing the City Man- ager to Enter Into a Contract for Consultant Assistance In the Sec- tion 701 Comprehensive Planning Assistance Program WHEREAS, the City of Dubuque, Iowa, is a sub -grantee in receipt of a Session, June 6, 1977 273 :10,000 grant in the Section 701 Com- prehensive Planning Assistance Pro- gram administered by the Department of Housing and Urban Development; and WHEREAS, a form of contract and grant sub -contract have been prepared to enable the City of Dubuque to ad- minister a $10,000 Comprehensive Planning Assistance Grant in support of certain eligible work items; and WHEREAS, said grant sub -contract has identified the Design Collaborative of Ames, Iowa, as consultant to under- take certain studies and investigations in preparation of an environmental as- sessment element of the Dubuque Area Comprehensive Plan, NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Manager is herebv authorized to enter into such contracts or sub -contracts as shall provide for the receipt of federal finan- cial assistance in the amount of $10,000 through the Section 701 Comprehensive Planning Assistance Program. specifically for purposes of undertaking a consultant -aided study of a environ- mental assessment element for a Dubuque Area Comprehensive Plan. Secgon 2. That said sub -contract is herebv authorized to be executed between the City of Dubuque, Iowa, and the Design Collaborative of Ames, Iowa, for purposes specified herein. Passed, adopted and approved this 6th day of June, 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. Communication of Councilmen Pre- gler and Tully submitting a resolution on the subject of Housing Code Enfor- cement, presented and read. Council- man Wertzberger moved that the com- munication be received and filed Seconded by Mayor Stackis. Carried b the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of League of Women Voters in support of Councilmen Pre- gler and Tully's stand on enforcement of existing housing code, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 184-77 WHEREAS it is the goal of the Dubuque City Council that adequate and sanitary housing be made available to all Dubuquers in accordance with the provisions of the Dubuque Housing Code, and WHEREAS some dwelling units in the city of Dubuque obviously do not meet minimum acceptable standards as set down in the Dubuque Housing Code, and WHEREAS, the City of Dubuque has adequate power and authority to en- force the housing code of the city of Dubuque, and WHEREAS the Department of Hous- ing and Urban Development has made available monies to assist low income families in the city of Dubuque to ac- quire adequate housing, NOW THEREFORE BE IT RE- SOLVED that the City Council of the City of Dubuque 1. Has determined that vigorous and strict enforcement of the housing code of Dubuque, Iowa is a top policy prior- ity; 2. Directs that staff take immediate steps to ensure that all dwellings within the city of Dubuque conform to the housing code with particular emphasis given to a. All dwellings occupied by recipients of housing subsidies b. All single and multiple -family rental unit occupied by low-income and elderly persons 3. Directs the City Solicitor to cooperate to the fullest extent in the vigorous implementation and prosec- ution of this program. 4. Directs the City Manager and the Housing Commission to develop a pro- gram for the tempora u ing o ante sons displaced by ode activities 5. Directs the City Manager and the Housing Commission to develop and Yexecute a publicity and public ation campaign outlining the program 6. Directs the City Manager to dev- 274 Regular Session, June 6, 1977 elop a plan and an ordinance concerning pre -sale inspection of existing used housing units for review by the City Council in not more than 90 days 7. Directs the City Manager and Housing Commission to submit month- ly reports to the Citv Council in writing concerning the progress of this program. 8. Directs the City Manager to take into account the high priority given housing code enforcement in planning for present and future budgets. Passed, adopted and approved this 6th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully. Nays — Councilmen Brady, Wertzberger. June 1, 1977 Honorable Mayor and Members of the City Council Please find attached a Resolution and Attachment for your approval of proposed changes in the Housing Rehabilitation Program guidelines. These changes have been proposed to enable the Rehab Program to approve grants for applicants whose income is no more than half of the average income in Dubuque, The current maximum in- come is much less than the proposed maximum. The effect of this change will be to allow more people to be eligible for Conditional Repair Grants. This change is necessary because people excluded from qualifying for a grant under the current maximum still have incomes which are too low for them to obtain the necessary repair money through a loan, since they can't afford to repay the loan. Many of the people affected by this change are on pensions, and cannot take on the financial obligation of a loan. These changes will allow the Rehab Program to approve many more ap- plications, serve the City more effec- tively, and yet remain financially sound. Therefore, on behalf of the Rehabilita- tion Commission, 1 request your ap- proval of this resolution. DUBUQUE HOUSING REHABILITATION COMMISSION Bruce L. Cowhig Secretary Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 185-77 A Resolution Amending Resolution No. 87-77 so as to change Income Requirements and Grant Limits for Concentrated Rehabllltadon Grants WHEREAS, Resolution No. 87-77 has established guidelines for the adminis- tration of the Community Development Housing Rehabilitation Program: and WHEREAS, initial experience with these guidelines indicates the need for changes to make certain requirements more realistic and better able to address the needs of potential clients of the Rehab Program; and, WHEREAS, the Rehabilitation Com- mission has reviewed these proposed changes and recommends that they be approved, NOW, THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the guideline changes listed on Attachment "A" be and hereby are approved as listed. Passed, adopted, and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ATTACHMENT "A" CHANGES TO CONDITIONAL REPAIR GRANT GUIDELINES Paragraph 3.1 and 4.1; Change 25% to 50% so that the sentence reads: If the verified income of the applicant's hou- sehold is 50% of the Dubuque average income, or less, that applicant should be considered for a Conditional Repair Grant. Paragraph 4.2: Add the following: On appeal to the Rehabilitation Commis- sion by the Rehabilitation Supervisor, Regular Session, June 6, 1977 275 the Conditional Repair Grant may be more than $5,000 if approved by the Commission. Paragraph 6.1: Change 25% to 50% so that the sentence reads: An applicant whose income is more than 50% of the average income in Dubuque, and who has been turned down for loans by three lending institutions, in eligible for a direct loan from the Rehab Program. Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 1, 1977 Honorable Mayor and Members of City Council The enclosed resolution provides for a matching grant from the North East Iowa Area Crime Commission to permit the attendance of Captain John Mauss of the Police Department to attend a Criminal Code Revision Conference. The local share of the grant is $11.04 and is computed as follows: Federal $216.00 State 12.96 Local 11.04 $240.00 Gent M. Wittenberg Assistant City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. MATCHING RESOLUTION NO. 186-77 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: Amount of Tide Funds Being Of Project Provided Law Enforcement Training $11.04 Passed this 6th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 1, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of property owned by the Manternach Development Company which lies west of Peru Road south of Terrace Heights Mobile Home Park in the City of Dubuque, Iowa. The final plat is depicted on the at- tached map and is described as Lot 1, Lot 2, and Lot 3 of the subdivision of Lot I of Lot I of Lot I of the Northwest'/. of the Southwest 4: of Section 12, T89N, R2E of the 5th P.M. The Planning and Zoning Commis- sion has found the final plat to be in conformance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -- None. RESOLUTION NO. 167-77 Resolution approving the Plat of the Subdivision of Lot 1.1-1 of the NWV. of the SW% of Section 12, Township 89 North, Range 2 East of the 5th P.M., In the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot I of Lot 1 of Lot 1 of the North- west Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, by Mvrtle Rogers, Thomas J. Manternach, and Cecilia M. Manternach; and WHEREAS, said plat has been ex- amined by the City Planning and royal on- ing Commission and had its apP endorsed thereof; and 276 Regular Session, June 6, 1977 WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the plat of the Sub- division of Lot I of Lot I of Lot I of the Northwest 1/4 of the Southwest 1/4 of Section 12, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, 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. Passed, adopted and approved by un- animous recorded roll call this 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 187-77 We, the undersigned Myrtle Rogers, Thomas J. Manternach and Cecilia M. Manternach having read the terms and conditions of the foregoing Resolution No. 187-77 and being familiar with the conditions thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 8th day of June, A.D., 1977 Myrtle Rogers Thomas J. Manternach Cecilia M. Manternach Councilman Pregler moved adoption of this Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 1, 1977 To the Honorable Mayor and City Council 1 am asking your approval on the tentative three year street construction program. This program must be submitted to the state by June 10, 1977 in order to received our share of the State Gasoline Tax Refunds. This program may be changed at an- ytime at ,your discretion. The cost of these programs is within our proposed budgets for the future. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Na_vs — None. RESOLUTION NO. 188-77 Resolution approving a Tentative Three Year Street Construction Program and Submitting same to the Iowa Department of Transportation WHEREAS, the office of the City Engineer has prepared, in accordance with instructions from the City Man- ager, a Tentative Street Construction Program for the years 1977, 1978 and 1979; and WHEREAS, said construction pro- gram shall be filed with the Iowa Department of Transportation by June 10, 1977 for the purpose of allocating Road Use Taxes to Municipalities; and WHEREAS, this Council has reviewed the Tentative Street Con- struction Program of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE Citv Council of the City of Dubuque, Iowa, that the Tenta- tive Three Year Street Construction Program for the years 1977, 1978 and 1979 as prepared by the City Engineer, he and the same is hereby approved and the City Manager is hereby directed to forward the required documents to the Iowa Department of Transportation. Passed, adopted and approved this 6th day of June, 1977 Emil Stackis Mayor Thomas A. TullyJr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Regular Session, June 6, 1977 277 June I, 1977 The the Honorable Mayor and City Council As a prerequisite to receiving Federal Aid to Urban Systems funds for the signalization of the 20th Street from Central to Elm it is necessary that of- ficial notice be publish that the City is requesting approval from the Federal Highway Administration on the "Loca- tion and Design" of the proposed work. The attached resolution authorizes the City Clerk to publish such notice of the City's intent and a brief description of the scope of work. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 189-77 WHEREAS, the City of Dubuque has applied to the Iowa Department of Transportation for funding on the sig- nalization of 20th Street from Central to Elm; and WHEREAS, the Iowa Department of Transportation has reviewed the ap- plication and is requesting Federal Highway Administration approval of the "Location and Design": and WHEREAS, it is required by the Federal Highway Administration that Public Notice be given that the Iowa Department of Transportation is apply- ing for approval of the Location and Design Study. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the City Clerk shall publish said notice as shown on the attached "Exhibit A". Passed, adopted and approved this 6th day of June, 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" Official Notice of "Location and De, sign" Approval Request in RE: Sig, nalization of 20th Street from Central tc Elm, Federal Aid to Urban System! Project Number M-2921 (1)-81.31. TC WHOM IT MAY CONCERN: Notice is hereby given to all interest- ed persons that the Iowa Department of Transportation is requesting "Location and Deisgn" approval from the Federal Highway Administration on the above described project as follows: LOCATION AND DESCRIPTION: The proposed project includes the replacement of the existing traffic ac- tuated controllers at Central, White and Jackson with new fixed time con- trollers. The intersection of 20th and Elm will be signalized and all four inter- sections will be interconnected to a master controller located at Central Avenue. Drawings and specifications are available for public viewing at the office of the City Engineer, City Hall, Dubuque, Iowa. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 17, 1977 To the Honorable Mayor and City Council 1 hereby submit the Alta Vista Street Curb and Gutter Replacement Project from Kirkwood Street to Vernon Street. Submitted June 6, 1977 Michael A. Koch City Engineer Mayor Mayor Stackis moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. NaVF — None. RESOLUTION NO. 190-77 Approving the preliminary plans, specs., form of contract etc., for the construction of the Alta Vista Street Curb and Gutter Replacement Project from Kirkwood Street to Vernon Street, in the estimated amount of $14,386.79, presented and read. Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. (Necess@y for Improvement) RESOLUTION NO. 191-77 WHEREAS, proposed Plans, specifications, form of contract, plat and 278 Regular Session, June 6, 1977 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 streets to be improved. 2. The width of such improvement, and the size and kine of curb and gutter. 3. An estimate of the cost of the proposed improvement, for the Alta Vista Street curb and gutter re- placement project from Kirkwood Street to Vernon 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, 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 paid o%it of fund 03-1022.2403. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of June, 1977. Approved Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved approval of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing date of hearing) RESOLUTION NO. 192-77 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 191.77 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 Alta Vista Street curb and gutter replacement project from Kirkwood Street to Vernon Street 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 20th day of June, 1977, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objec• tion 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, 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 not be less than ten days prior to the day fixed for its consideration and unless property owner 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 ob- jections and enter on record its final decision thereon. Passed, adopted and approved this fit h day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Council Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 193-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a resolution of necessity No. 191-77 which was duly passed by this Council, for the Alta Vista Street curb and gutter replacement project from Kirkwood Street to Vernon Street 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 Regular Session, June 6, 1977 279 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- provements be paid from Fund 03.1022-2403 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 ordered 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 shbll be conpleted 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 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 194-77 WHEREAS, it is proposed to install concrete curb and gutter with asphalt paving on Windsor Avenue from Davis Avenue to the northerly property line of Stone Hill Community Subdivision No. 1: and WHEREAS, the City desires the width of Windsor Avenue to be 36 feet from face to face of curb; and WHEREAS, it has been the City's policy to pay the extra cost of widening a street beyond the normal residential width of 30 feet; and WHEREAS, the City's portion shall be approximately $15,000 based upon unit prices, however, in no case shall the amount be greater than $15,000. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the improvement of Windsor Avenue from Davis Avenue to a point 2232 feet northerly which is the northerly property line of Stone Hill Community Subdivision No. 1 be fin- anced by City funds for the cost of extra width and depth of paving in an amount not to exceed $15,000. Section 2. Upon billing, filed with the City Engineer's office, the City will reimburse the subdivider the said amount for the expense of the paving of Windsor Avenue. Passed, adopted and approved this 6th day_ of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 195-77 WHEREAS, it is proposed that Cedar Cross Road will be improved with 14" of basestone, double sealcoat, curb and gutter, which improvement on said roadway shall commence at the south property line of Lot 3 of Hansel's Addi- tion and terminate at the south property line of Lot 1-I-1 Cedar Ridge Farm south of Cedar Cross Road in Dubuque Township, Dubuque County, Iowa and which improvements are proposed to be made by Doctor Julian Nemmers the Developer: and WHEREAS, it has been agreed by and between Dubuque County, Iowa and City of Dubuque. Iowa that the cost of the stone and sealcoat be borne and paid for by Dubuque County and the City of Dubuque, Iowa; and WHEREAS, the C itv's portion shall be half the cost of the improvement, but not to exceed $18,769. NOW THEREFORE, BE IT RE. SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the improvement of Cedar Cross Road with a 14 inch stone base and double sealcoat is hereby ap- proved, and that the payment of the City's share of such improvement, in an amount not to exceed $18,769 shall be made to Dubuque, County, Iowa upon billing filed with the City Engineer's Office. 280 Regular Session, June 6, 1977 Section 2. The expenditure of funds for the improvement of Cedar Cross Road is deemed in the public interest. Passed, adopted and approved t his 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mav 26, 1977 To the Honorable Mayor and City Council I hereby submit the attached sheets No. 1 to 8, inclusive, showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1977 Asphalt Paving Project No. 1. Submitted June 6, 1977. Michael A. Koch, P.E. City Engineer Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 196-77 BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa Section 1. That the attached sheets No. 1 to 8, inclusive, are hereby deter- mined to be the schedule of proposed assessments for the City of Dubuque 1977 Asphalt Paving Project No. 1, and the valuations set out therein are hereby approved. Adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 197-77 Approval of preliminary estimate, plans, specs., form of contract, etc., for the construction of 1977 Asphalt Paving Project No. 1, in the amount of $230,992.26, presented and read. Mayor Stackis moved adoption of the resolu- tion. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 198-77 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, if any. 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 OUBOGUE 1977 ASPHALT PAVING PROJECT NO. 1 1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Davis Avenue from the W.P.L. of Lot 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2.3 -Balance 3 of St. Francis Subdivision. 4. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 5. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 6. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 7. Roosevelt Road from the N.P.L. of Lot 6 of Peils Subdivision to the N.P.L. of Lot 2.2-5 of Mineral Lot 307A. 8. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 9. Wilbur Street from the E.P.L. of Regular Session, June 6, 1977 281 Spruce Street to the E.P.L. of Grove Terrace. 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 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 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 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 6th day of June. 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved approval of the Resolution. Seconded by Councilmar Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing dab of hearing) RESOLUTION NO. 199-77 WHEREAS, the City Council of th City of Dubuque. Iowa has by Resolu ion No. 198-77 given its preliminary ipproval on the proposed plans, opecifications and form of contract and Aaced same on file in the office of the ity Clerk for public inspection, for the CITU OF DUBUQUE 1977 ASPHALT PAVING PROJECT NO.1 1 Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Davis Avenue from the W.P.L. of Lot 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2.3 Balance 3 of St. Francis Subdivision. 4. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 5. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 6. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 7. Roosevelt Road from the N.P.L. of Lot 6 of Peils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307A. 8, University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 9. Wilbur Street from the E.P.L. of Spruce Street to the E.P.L. of Grove Terrace. WHEREAS, the proposed Resolution of Necessity for said improvement has been intruducted and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 5th day of July, 1977, a public hearing will be held at 7:30 o'clock P.M. 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 sedaplans make objection to the proposed and specifications and proposed form of contact 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 adn1d the City Clerk be and he is hereby ected to cause a notice of the time and place of such hearing to be published twice 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 wn°s attthe time of final and un- less property consideration of said resolution have on file m amount f the Clerk aproposed assessment 282 Regular Session, June 6, 1977 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 thereen. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt Citv Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 16, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and "Zoning Commission has reviewed the final plat of the subdivision of Lots 7 and 8 of Block 1 of Asbury Springs Subdivi- sion No. 2, to become Lots 1, 2 and 3 of that subdivision. The property lies at the northeast corner of the intersection of Hillcrest Road and Judson Dirve in the City of Dubuque. Iowa. The Commission has determined that the final plat is in conformance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 200-77 Resolution Approving the Plat of Lots 1, 2, and 3 of the Subdivision of Lots 7 and 8 In Block 1 of Asbury Springs Subdivision No. 2 In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Lots 1,2 and 3 of the Subdivision of Lots 7 and 8 in Block 1 of Asbury Springs Subdivison No. 2 in the City of Dubuque, Iowa, by Paul W. Powers and David J. Powers, Partners of Powers Land Company, an Iowa General Partnership, of Dubuque, Dubuque County, Iowa, and Maureen K. Powers, Wife of David J. Powers; and WHEREAS, the owners, with consent of all public utility companies further vacate the existing easements within the area of Lots 7 and 8 in Block 1 of Asbury Springs Subdivision No. 2 in the City of Dubuque, Iowa; and WHEREAS, said plat and vacation of existing easements has been examined by the City Planning & Zoning Com- mission and had its approval endorsed thereon, and WHEREAS, said plat and vacation of existing easements has been examined by the City Council and they find that the same conforms to statutes and or- dinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the vacation of said existing easements and the dedication of 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 Lots 1, 2, and 3 of the Subdivision of Lots 7 and 8 in Block 1 of Asbury Springs Subdivi- sion No. 2 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. Passed, adopted and approved by un- animous record roll call this 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager submitting State Audit report for fiscal year from July 1, 1975 to June 30, 1976, presented and read. Mayor Stackis moved that the communication be Regular Session, June 6, 1977 283 received and filed. Seconded by Coun- cilman Wertzberger. Cariried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 201-77 WHEREAS, there has been submitted a plat of the Subdivision of Lot 1 of Lot 1 of Mineral Lot 106 in the City of Dubuque. Iowa; and of the Subdivision of Lot 3, Block 2, Railroad Addition to Dubuque in the City of Dubuque. Iowa; and of the Subdivision of Lot 1 of Lot 4, Block 2, Railroad Addition to Dubuque, in the City of Dubuque, Iowa; and of Subdivision of Lot 1 of Lot 304, East Dubuque No. 2, in the City of Dubuque, Iowa; and of the Subdivision of Lot 2 of Lot 305, East Dubuque No. 2, in the City of Dubuque. Iowa: and of the Subdivi- sion of Lot "B" of Lot I of Lot 305, East Dubuque No. 2, in the City of Dubuque No. 2, in the City of Dubuque, Iowa; and of the Subdivision of Lot 1 of Vacated Maple Street north of 18th Street in the City of Dubuque. Iowa; and prepared by Carl F. Bartels, licensed professional civil engineer and bearing date of June 4,1975; and WHEREAS, said plat has been ap- proved by the Planning and Zoning Commission of the City of Dubuque. Iowa; and WHEREAS, said subdivision plat conforms to the statutory requirements of the State of Iowa and the Ordinances of the City of Dubuque. Iowa and same should be approved. Glen Abernathy Dick Albert Beecher Co., Inc. Beecher Co., Inc. William H. Billikas Birch Oil Co., Inc. Canfield Hotel, Inc. E. R. Carpenter Co. Corbett, Earl Cremer Grocery Co. Dubuque Packing Co. J. D. Street & Co., Inc. The Eska Company Adella A. Ferring Ronald J. Fens General Cinema Corp. of Iowa Grandview Drug, Inc. Robert W. Grobstick Holiday Oil Dist., Inc. Holiday Oil Dist., Inc. Holiday Oil Dist., Inc. Holiday Oil Dist., Inc. Holiday Oil Dist., Inc. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque. Iowa: Section 1. That the above mentioned subdivision plat of the above described property 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 plat for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of June. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays —None. Abstain —Councilman Wertzberger. RESOLUTION NO. 202-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. 900 Dodge St. 90 So. Locust St. 1691 Asbury Rd. 2399 White St. 926 Main St. Jones & Locust Sts. 36 W. 4th St. 9th & Jackson Sts. 408 W. Locust St. 731 Rhomberg Ave. 701 E. 16th St. 55 J.F.K. Rd. 2400 Kerper Blvd. 385 E. 13th St. 1121 University Ave. 555 J.F.K. Rd. 486 N. Grandview Ave. 1450 Loras Blvd. 605 Dodge St. 980 Dodge St. 400 Rhomberg Ave. 1685 J.F.K. Road 14th & Central Ave. 284 Regular Session, June 6, 1977 Imperial Lanes. Inc. 3505 Stoneman Rd. Robert J. Kehl 62 Locust St. Joseph Kiefer 2301 University Ave. James J. & Robert D. Klauer 1646 Asbury Rd. Beverly Ann Larsen 1701 Central Ave. Leonard Oil Company 1387 Dodge St. Sandra Leppert 1103 Iowa St. Eagle Discount Center =109 200 S. Locust St. Eagle Discount Supermarket = 130 1800 Elm St. Eagle Discount Supermarket = 144 3033 Asbury Rd. May's Drug Store = 204 3049 Asbury Rd. Merchants Hotel 304 Main St. Herman Meyer 3355 Pennsylvania Ave Kermit Meyer 336 Main St. Shirlev Mihalakis 574 E. l6th St. Miracle Car Wash, Inc. 255 Locust St. Norene J. Millman 601 Rhomberg Ave. Nash Finch Company 190 J.F.K. Rd. Eugene A. Otting 1689 Elm St. Palmer Drug Co. 2600 Dodge St. Thelma Paradiso 3050 Asbury Rd. David Parochetti 26(X) Dodge St. Pride Service, Inc. 280 Locust St. Pride Service, Inc. 2175 Central Ave. Richard J. Ring 115 W. 1 Ith St. Riverside Bowl 1860 Hawthorne St. Steven T. Schnee -James D. Murphy 1902 Central Ave. Earl Schumacher 2204 Central Ave. W.S. Sheppiey & Company One Dubuque Plaza Earl Tegeler 2850 Burlington St. , Earl Tegeler 620 So. Grandview Ave. Earl Tegeler 2311 Windsor Ave. Ray Tschiggfrie 1190 Dodge St. Walgreen Co. 555 J.F.K. Rd. Alice B. Weber 1187 Iowa St. Osco Drug Inc. 703 Main St. Charles E. Petitgout, Jr. 2930 Central Ave. Mathias A. Schneller 2372 Central Ave. Transcalle, Inc. 2260 J.F.K. Rd. Charles F. Adams 20th & Jackson Sts. American Snack, Inc. 255 J.F.K. Rd. Dave Beidler 1122 Dodge St. Big G. Steak House, Inc. Plaza 20 Burger King =1100 1350 J.F.K. Rd. William F. Dunne Jones & Locust Sts. Fairway Ford Sales, Inc. 36(H) Dodge St. Fleckenstein, Ray 3275 Central Ave. William Hancock 2205 Carter Rd. Bert Hillary 1413 Rockdale Road Holiday Inn Motel 11 I I Dodge St. Loras College 1550 Alta Vista St. Albert E. Mohr 1281 Dodge St. Charles Nesteby 3200 Central Ave. Ponderosa Steak House 2035 J.F.K. Rd. Sears -Roebuck Co. 31X1 Su. Locust St, Sirloin Stockade, Inc. 1895 J.F.K. Rd. Gary Stewart 9th & Central Ave. Joseph Sutter 32nd & Jackson St, Brian Vincent 3305 Asbury Rd. Ron Blakeman 1046 Central Ave. Regular Session, June 6, 1977 285 Vincent W. Mescher William O'Neill Kopples Market, Inc. George K. Arvanitis John F. Glvnn Sandra .I. Kress Michael J. Lucas, Jr. Allen C. Tressel Ted J. & Georgia A. Heinz Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays — None. RESOLUTION NO. 203-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the city. CLASS "B" BEER PERMIT Alice B. Weber, 1187 Iowa Street CLASS "C" BEER PERMIT Beecher Co., Inc.. 1691 Asbury Rd. Beecher Co., Inc.. 2399 White St. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mavor Stackis moved adoption of resolution. Seconded by Councilmar Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmer Brady, Pregivi I i m %%ortzberger. Nays — Non c RESOLUTION NO. 204-77 WHI?REAS, apple .1uon, tur live 1233 Rhomberg Ave. 55 Locust St. 1098 University Ave. 1958 Central Ave. 760 E. 16th St. 1400 Central Ave. 1064 University Ave. 2528 Central Ave. 1278 Central Ave. ?ermits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- -upied by such applicants were inspect- d 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 Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Alice B. Weber, 1197 Iowa St. CLASS "C" BEER PERMIT Beecher Co., Inc., 1691 Asbury Rd. Beecher Co., Inc., 2399 White St. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tulp Wertzberger. Nays — None. RESOLUTION NO. 205-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the lla d ing applications be approved licenses issued upon the compliance with the provisions of Chapter 131. Acts of the First Regular Session, 64th Gen. eral Assembl% CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Post No. 6, The American Legion, 1306 Delhi St. 296 Regular Session, June 6, 1977 Norene J. Millman, (Sunday Sales Only), 601 Rhomberg Ave. J R C, Inc., 431 Rhomberg Ave. Passed, adopted and approved this 6th day of .tune, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Councilman Bradv on the Legion Only. RESOLUTION NO. 206-77 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 Dubuque Post No. 6, The American Legion, 1306 Delhi St. Norene J. Millman, (Sunday Sales Only), 601 Rhomberg Ave. J R C Inc., 431 Rhomberg Ave. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — Councilman Brady on the Legion Only. Communication of Health Officer requesting hearing in the case of Frederick Tippe appealing orders to abate housing violations at 1330 Locust Street, presented and read. Councilman Pregler moved that the communication be received and riled and public hearing be held before the Board of Health on June 20, 1977 at 7:00 P.M. in the Council Chambers in City Hall and City Clerk directed to publish notice. Seconded by Councilman Tully. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Richard Henschel addressed the Council requesting sewer money for Valentine Drive. Fred Tippe spoke to Council relative to Housing Code Enforcement. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City CIerk Approved November 21, 1977 Adopted November 21, 1977 )ecial Session, June 15, 1977 287 CITY COUNCIL OFFICIAL Special Session June 15, 1977 Council Met at 4:15 P.M. (C.D.T.) Present — Councilmen Brady, Pre- gler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Mayor Stackis Mayor Pro Tem Bradv read the call and stated that service thereof had been duly made and this meeting is called for the purpose of considering resolutions approving applications for preliminary Loan for Low -Rent Public Housing and Authorizing submission of application for the Low -Rent Housing program and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Community Development Director submitting re- solutions approving application and authorizing submission of application for a low -rent housing program 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 Pro Tem Brady. Councilmen Pregler, Tully. Wertzberger. Nays — None. Absent — Mayor Stackis. Resolution Approving application for preliminary loan for low -rent housing; Resolution Authorizing and directing submission of application for a low -rent housing program; Resolution of cooperation for 48 units of low rent housing to be developed within the cor- porate limits, presented and read. Councilman Wertzberger moved that the resolutions be tabled until the meeting of June 17, 1977 at 5 P.M. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Pro Tem Brady, Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Mayor Stackis. ORDINANCE NO. 39-77 An Ordinance of the City of Dubuque Iowa providing that the Code of Ordin- ances of the City of Dubuque Iowa, be amended by adding a new section to be numbered Section 2-9 providing that the City Council of the City of Dubuque. Iowa, shall be and act as the Board of Health of the City of Dubuque, Iowa. was presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Brady, Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Mayor Stackis. Councilman Pregler 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 Brady, Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Mayor Stackis. ORDINANCE NO. 39-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY ADDING A SECTION TO BE NUMBERED SECTION 2-9 PROVIDING THAT THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA SHALL BE AND ACT AS THE BOARD OF HEALTH OF THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT ORDAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordin- unces of the City of Dubuque, Iowa be amended by adding a section to be numbered Section 2-9 to provide that: "Sec. 2-9. That the City Council of the City of Dubuque, Iowa be and is hereby estab- lished as the Board of Health in and for the City of Dubuque, Iowa." Passed, approved and adopted this 15th day of June, 1977. James E. Brady Mayor Pro Tem Walter A. Pregler Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Published officia`llry in 20th Telegraph June, Herald Newspaper 1977. Leu F. Frommelt City Clerk It6/20 Councilman Pregler moved final adoption of the ordinance. Seconded by 288 Special Session, .lune 15, 1977 Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Pro Tem Brady. Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Mayor Stackis. There being no further business. Councilman Pregler moved to adjourn to 5:Oo o'clock P.M. on June 17, 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Brady. Councilmen Pregler. Tully, We.rtzberger. Nays — None. Absent — Mayor Stackis. Leo F. Frommelt City Clerk Approved November 21, 1977 AdoptedI November 21, 1977 Special Session, June 17, 1977 289 CITY COUNCIL OFFICIAL Special Session, June 17. 1977. Council Met at 5:00 P.M. (C.D.T.) Present — Councilmen Brady. Pre- gler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Mayor Stackis. Mayor Pro Tem Brady read the call and stated that this meeting is an ad- journed session of the Special Session of June 15, 1977, for the purpose of con- sidering resolutions approving applica- tions for Preliminary Lot for Low -Rent Public Housing and Authorizing sub- mission of application for the Low -Rent Housing program and acting upon such other business as may properly come before a regular meeting of the Council. Mr, Daniel Dittemore City Planner and Director of Community Develop- ment addressed the Council by stressing the need for the program. At the present time there are 19000 households in the Citv, of that amount 5000 are eligible by virtue of income for Government assis- tance. 2300 also have one or more deficiencies either structurally or over- crowded or paying more than 25% of income for rent. There are 288 large families, 155 owners and 133 renters, and approximately half live in substan- dard housing. Mr. Karl Kohnen addressed the Council by stating that Dubuque has an extremely low fair market rental rate. The problem may not be answered until October. Three or four bedroom units are not readily available. The going rental rate is $212 per month for three bedroom units which includes al- lowance for utilities. Councilman Wertzberger moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Pro Tem Brady, Councilmen Pregler, Tully, Wertzberger. / Nays — None. / Absent — Mayor Stackis. Mr, Erv. Koethe, a half owner of a 52 unit complex on Rhomberg Ave. ad- dressed the Council be stating that his complex was built in 1950. The present rental is from $175 to $194 per unit. Dubuque has adequate housing. The City seems to be proposing to be indir- ect competition with the private sector. He raised the question why two be- droom units. What we need is four be- droom units. Just remember Govern- ment housing pays no taxes. Doris Hengtgen of the Housing Com- mission stated that we do not have two, three, or four bedroom units available. In her opinion forth eight units would be good. Mr. Wm. Watters also of the Housing Commission stated that the problem is with the large families. They have low income and are in need of three or four bedroom homes. Mrs. Willa Basten employed by Oper- ation New View, stated that housing for larger families is vitally needed. Some discussion was had relative to reducing the number of requested units from 48 to say twenty four or thirty. It was finally decided not to go that route at the present time but rather stick to the original request of 48 units. Mayor Pro Tem Brady requested a motion from the Council relative to the adoption of the various resolutions pre- sented. The Council failed to respond that the matter of application for preliminary loan for low -rent public housing, at this particular time, was considered mute. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Pro Tem Brady, Councilmen Pregler, Tully, Wertzberger. Nays — None. Absent — Mayor Stackis Leo F. Frommelt City Clerk Approved Np ber Adopted No m r i — a. y Clerk Board of Health Meeting, June 20, 1977 CITY COUNCIL BOARD OF HEALTH OFFICIAL Board of Health Meeting June 20, 1977. Board Met at 7:00 P.M. (C.D.T.) present — Chairman Emil Stackis Messrs. James E. Brady, Walter A. Pregler, Thomas A. Tully Jr., Richard Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Hearing to Benjamin and Tamara Tucker relative to condition of their building at 311 Locust St., known as Lot 4 of Lot 239 in Union Addn., presented and read. Messr. Tully moved that the proof of publication be received and filed. Seconded by Messr. Wertzberger. Car- ried by the following vote: Yeas — Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 207-77 WHEREAS, the City Manager has reported to the City Council that the buildings and premises located on Lot 4 of Lot 239 in Union Addition, in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Benjamin Tucker, Merchant Hotel, 304 Main Street, Dubuque, Iowa and Tamara Tucker, 451 West 5th Street, Apartment 5, Dubuque, Iowa, 52001 as owners of said property that the condition com- plained of be corrected and that said owner has failed to correct the condi. tions within the time provided by the notice; and. WHEREAS on June 6, 1977, the City Council set said report down for hearing at 7:00 o'clock P.M. Daylight Savings Time in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the records of the City Council that notice of said hearing was given by serving by Registered Mail on June 8, 1977, and by publication in the Telegraph Herald newspaper on June 9, 1977, and, WHEREAS pursuant to said notice on order of the City Council a public hear- ing was held at 7:00 o'clock P.M. Daylight Savings Time on June 20, 1977, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be hear and witnesses concerning the condition of the proper- ty and hazard was heard; and, WHEREAS, the Council has duly considered the testimony of the wit- nesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the structures known as 311 South Locust, Lot 4 of Lot 239 in Union Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and proper- ty and a nuisance; Section 2. That the City Manager be and he is hereby authorized and direct- ed to cause the structure known as 311 South Locust Street, Lot 4 of Lot 239 in Union Addition in the City of Dubuque. Dubuque County, Iowa, to be disman- tled and removed. Section 3. That upon completion of said work, the City Manager shall cer- tify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Man- ager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque County, Iowa, and it shall be collected with and in the same man- ner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Members of Board of Health ATTEST: Leo F. Frommelt City Clerk Messr. Wertzberger moved adoption of the Resolution. Seconded by Messr. Pregler. Carried by the following vote: Yeas — Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Richard Feyen, Health Officer, relative to condition of the building located at 1330 Locust Street, presented and read. Messr. Wertzberger moved to su- spend the rules to let anyone present Board of Health Meeting, June 20, 1977 291 address the Council if they so desire. Seconded by Messr. Pregler. Carried by the following vote: Yeas — Chairman Stackis, Messrs Brady, Pregler, Tully, Wertzberger. Nays — None. Richard Feyen addressed the Council stating Proper Notices have been given. Richard Tippe, property owner, pre- sented an appeal. After discussion, Messr. Pregler moved that if corrections are not made within the purview of the Building Commissioner, Mr. Tippe should be cited. Seconded by Messr. Tully. Carried by the following vote: Yeas — Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays — None. June 14, 1977 Honorable Mayor and City Council Since you are constituted as the City of Dubuque Board of Health. you ap- point the Health Director. It is suggest- ed that at your Board of Health meeting on June 20 that you appoint a Health Director, the appointment being effec- tive July 1. 1 suggest that Mr. Art Roth be appointed to the position. Gilbert D. Chavenelle City Manager Messr. Tully moved that the corn- munication be received and filed and appointment approved effective July 1, 1977. Seconded by Messr. Wertzberger. Carried by the following vote: Yeas — Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business for the Board of Health, Messr. Pregler moved that the Board of Health be ad- journed. Seconded by Messr. Wertz- berger. Carried by the following vote: Yeas — Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt Citv Clerk Approved November 21, 1977 Adopted November 21, 1977 . 292 Special Session, June 20, 1977 CITY COUNCIL OFFICIAL Special Session, June 20, 1977 Council met at 7:30 P.M. (C.D.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis 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 Re- solution to Fix a Date for the Initiation of Proceedings for the Issuance of $850,000. Parking Facilities Revenue Bonds, 1977 Series and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Board of Dock Commissioners submitting minutes of their meetings of May 24, 1977 and June 2,1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of the Housing Commission submitting minutes of their meetings of May 17, 1977 and June 9, 1977, presented and read. Councilman Pregler moved that the minutes be received and riled. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of May 31, 1977, pre- sented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Planning and Zoning Commission submitting min- utes of their meetings of May 26 and June 1, 1977, presented and read. Coun- cilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting minutes of their meet- ing of May 25. 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of June 9. 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Iowa D.E.Q. issu- ing water main and sanitary sewer con- struction permits for Asbury Springs Sub. No. 4, presented and read. Coun- cilman Tully moved that the commun- ication be received and filed. Seconded by Councilmen Wertzberger. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Communication of League of Women Voters submitting names of citizens for possible appointment to the Library Board, presented and read. Councilman Tully moved that the communication be referred to Council. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Leland P. Stocker offering his services to fill possible vacancy on the Library Board, present- ed and read. Councilman Tully moved that the communication be referred to the Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Robert D. Klauer advising of complaints received by him from residents on Lawndale St. relative to breaking up of the street as the result of moving of heavy equipment, pre- sented and read. Councilman Tully, moved that the communication be referred to the City Manager and En- gineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Special Session, June 20, 1977 293 Communication of Mrs. Darlene Gavin of 687 Alpine St. indicating con- cern and the lack of enforcement of the dog ordinance and mainly in the pro- tection of people, presented and read. Councilman Tully moved that the com- munication be withdrawn as requested. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler. Tully, Wertzberger. Nays — None. June 15, 1977 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the 1977 Code of Iowa, the Civil Service Commission con- ducted Promotional examintions on May 26, 1977 for members on the Police Department for Captains. Ser- geants and Detectives. The following members of the Police Department have passed the written examinations with an average of 70% or better. CAPTAINS. Schneider, Eric 88% Hynes, James 86% Oswald, Cyril 85% Gibson, William 84% Sjobakken, Gerald 84% Kisting, Mark 81% Hirsch, Gerald 77% Lindauer, Edwin 76% Sand, Michael 74% Koch, Merle 72% SERGEANTS. xs°, Stevens, John 88% Gravatt, William 87% Swanton, Charles 8696 Feller, Paul 85% Brown, Harold 84% Weis, David 83% Callahan, Thomas 82% Stanislawski, John 82% Flannery, Robert 81% Kennedy,Leo 81% Schneider, Eric 81% (tie between Kennedy and Schneider) DETECTIVES. Lampers, John M. Gravatt, William 83% Brown, Harold 81% Swanton, Charles 8004' Callahan, Thomas 79% Kennedy,Leo 79% Stanislawski, John 79% Weis, David 79% Flannery, Bob 78% Galle, John 77% Rogers, Gerald 77`A' All promotions within the Police Department should be made from the above lists. Additional personnel is available, as e second list. In the various classifica- tlons providing the above lists are exhausted. Carolyn Farrell, BVM John E. Hess Civic Service Commission ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to before me this 15th day of June, 1977. Z. D. Hantelmann Notary Public Councilman Tully moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 16, 1977 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission conduct- ed Promotional examinations on April 14, 1977 for members of the Fire Department. The following members of the Fire Department have passed the written examinations with an average of seven- ty per cent or better. EQUIPMENT OPERATOR. Ehlinger, David L. xs°, Voss, Roger A. Link, Kenneth J. 83%% Tigges, Richard S. 82% Peter, Gerald A. 8016% Roepsch, Richard 78%% Theis, Terrance L. 781,'3% Fitschen, Michael 72%% LIEUTENANTS. Coleman, Edward A. % 922%% Stephan, Raymond y Schuster, David W. 2% 92% Link, Kenneth J. 88 Lampers, John M. 86 % 86% Theis, Terrance L. 8 Stone. Robert C. 8' 9% 84% Voss, Roger A. 83 83 % Purcell, Wm. R. R Theis. Richard .1 list of Five is available) (An additional LIEUTENANT INSPECTORS. Theis, Richard J. H I' , 3% Neuhaus, Gerald W DRIVER ATTENDANTS. AMBULANCE Kreiman, Richard 1.. Hutchcroft, James A. 8(I% 294 Session, June 20, 1977 CAPTAINS. Andresen, Paul V. 58%% Deckert, John 87%% Miller, Wm. T. 87%% Link, Lyle R. 86% Potter, Frank B. 83% Udelhofen, Gerald L. 81'b% Kann, Ronald 80%% Andresen, James P. 80% McCoy, John B. 74%% FIRE MARSHAL Jochum. Wayne 81% TRAINING OFFICERS. Winter, Carl J. 87% Link, Lyle R. 95% Cherrier, William E. 84% Miller, Wm. T. 83%% Miller, James C. 83 `h% Andresen, James P. 78% Udelhofen, Gerald, L. 77'/s% DIVISION CHIEFS. Ruden. Richard W. 951h% Cherrier, William E. 89% Winter, Carl J. 89% Miller, James C. 831h% All firemen, that qualified as to years of service in any job classification, were given an opportunity to take more than one test. Also the seniority system has been inaugurated by giving 1h (one- third) of a point for each full year, after five years, starting with sixth full year of service, as of date of examination to be added to the score after having achieved the minimal passing score on the ex- amination; Maximum of five points al- lowed in this manner. Carolyn Farrell BVM Chairperson John E. Hess Civil Service Commissioner ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 16 day of June, 1977, Z. D. Hantelmann Notary Public Councilman Tully moved that the communication be received and filed and be made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Brendan T. Quann, as a representative of Roman Szymanski, making inquiry into the possible purchase of Lot 51 Rosedale Addn., presented and read. Councilman Tully moved that the communication be referred to the City Manager for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque County Auditor advising of acceptance of a bid of $300. for the purchase of NI/2 of Lot 122 in East Dubuque Addn. as submitted by Frank Hardie and requesting ap- proval, presented and read. Councilman Tully moved that the communication be received and filed and bid be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays -- None. Communication of Leo Ungs, Admin- istrator of the County Institutional Ac- counts, submitting names of Louise Bieberman, Ann Bodish, Helen M. Bradley, Blanche Donovan, Rosella Eisenbraun, Elsie E. Lange, Bernard Mihm, Evelyn Masurek, Gertrude Ogaard, Leona Ricken and Josephine Roth petitioning for suspension of taxes — —2nd half of 1976 and 1st half of 1977, presented and read. Councilman Tully moved that the suspensions be ap- proved and City Clerk authorized to sign. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of James H. Richard submitting his resignation from the Board of Zoning Adjustment effective immediately, presented and read. Councilman Tully moved that the re- signation be accepted with regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 6, 1977 Honorable Mayor and City Council In order to comply with our Revenue Bond Ordinances, 1 request your ap- proval to engage the Certified Public Accounting Firm of O'Connor Brooks and Company to audit the transactions of the Water Utility, and of the Parking and Sewage Facilities Funds, for the fiscal period beginning July 1, 1976 through June 30, 1977. 1 further request that the Auditor of State be asked to audit all other finan- cial funds of the City for the July 1, 1976 through June 30, 1977 fiscal period. Special Session, June 20, 1977 295 A resolution relative to the above request will be submitted to ,you after July 1, 1977. G. D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Public Notices of Community Development Block Grant Program, published May 18, 1977, Rehab Loans and Grants Interim assistance, Building modifications at St. Johns Episcopal Church, presented and read. Councilman Tully moved that the proofs of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of official Notice of Loca- tion and Design approval, request sig- nalization of 20th from Central to Elm Federal Aid to Urban Svstems, 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 14, 1977 To the Honorable Mayor and Members of the City Council We have approved the following bonds and policy for filing purposes and wish to have your approval of same. Sidewalk Construction Bonds William Lugrain, Midwestern Casualty and Surety Co., 31000 to July 1, 1978 Tri-State Paving Co., dba Div. of Dubuque Stone Products 31,000 to 7/29/78 General Liability Policy Ken Schromen, Bituminous Casualty Corporation to July 1, 1978 No. GA813733 Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 14, 1977 Honorable Mayor and City Council We have consulted with Mr. Thomas Graham in connection with his proposal to rent the 8th Street pavilion as out- lined in the attached letter. It is our recommendation that this proposal be accepted and that we be authorized to proceed with this matter. Mr. Graham has agreed to install whatever equipment necessary to comply with the restaurant and other licensing codes. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and recommendation approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 14, 1977 Honorable Mayor and City Council During the fiscal year 1978 budget workshops the City Council directed that the city fleet be reduced by fifteen vehicles and that a savings of $45,000 in budget requirements be realized. The budget adjustments which have been made in order to carry out this directive as well as the travel policies necessary for implementation have been summar- ized in the attachments. It is intended that these adjustments and travel policies become effective July 1, 1977. 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. Communication of Director of Com- munity Development submitting final report of Landscape Architecture Department of Iowa State University and recommending acceptance, pre- sented and read. 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. 296 Special Session, June 20, 1977 June 10, 1977 Honorable Mayor and City Council On the 31st day of December, 1975, Dolores Schueller commenced an action in District Court in and for Dubuque County, Iowa claiming damages in the amount of $11,174.32 for injuries al- legedly received on July 1, 1975 claiming a defective condition on the sidewalk on the southwest corner of 21 st and White Streets in the City of Dubuque, Iowa. Said action was referred to the City Attorney for defense and that the ap- propriate defenses have been asserted thereto and that thereafter, the plaintiff made an offer of settlement in the amount of $906.66. That the said plaintiff suffered alleged loss of wages in the amount of $680.00 and incurred hospital and medical ex- penses as well as incurring home care expenses. The negotiations to conclude sett- lement of this matter have been delayed through no fault of the City Attorney's office but rather through the fact that Blue Cross and Blue Shield had asserted subrogation claim against the City which was filed on November 25, 1975. It is the recommendation of the City At- torney that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to the claimant, Dolores Schueller, and transmit the same to the City Attorney for delivery upon receipt of duly ex- ecuted releases and dismissal with prejudice of said cause. R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and recommendation of settlement ap- proved. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Suit of Dolores D. Henkels, in the amount of $25,000., for personal injuries received in a fall on a defective sidewalk near 965 Main St. on May 27, 1976, presented and read. Councilman Pregler moved that the Notice of Suit be referred to the City Solicitor for inves- tigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Suit of Thomas C. Hilkin, in the amount of $1500., for car damage incurred as the result of being struck by a police car at the intersection of 9th and Central Ave. on March 12, 1977, pre- sented and read. Councilman Pregler moved that the Notice of Suit be referred to the City Solicitor for inves- tigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of personal injury claim of Loretta Howard of 8236 Summerdale of Chicago, III., in an unspecified amount, for injuries received in a fall from a curb on Main Street on March 23, 1977, pre- sented and read. Councilman Pregler moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Communication of ContiCarriers and Terminals Inc. claiming damages by reason of approval and execution of a lease and agreement with Dubuque Barge and Fleeting Service Company as being a violation of rights, presented and read. Councilman Pregler moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 40-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED 121/: CREATING A CIVIC CENTER COMMISSION FOR THE CI- TY OF DUBUQUE, IOWA, ESTABLISH- ING THE NUMBER OF MEMBERS THEREOF AND PRESCRIBING THE NUMBER OF MEMBERS THEREOF AND PRESCRIBING THE POWERS AND RESPONSIBILITIES THEREOF, (FORWARD FROM MEETING OF JUNE 6, 1977), PRESENTED AND READ. Councilman Wertzberger 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 Stackis, Councilmen Brady, Pregler, 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 Special Session, June 20, 1977 297 taken, be dispensed Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 40-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED 121A CREATING A CIVIC CENTER COMMISSION FOR THE CI- TY OF DUBUQUE, IOWA, ESTABLISH- ING THE NUMBER OF MEMBERS THEREOF AND PRESCRIBING THE POWERS AND RESPONSIBILITIES THEREOF WHEREAS, it is deemed to be in the best interest of the City of Dubuque, Iowa to create a Civic Center Commis- sion and to prescribe its powers and responsibilities for the purpose of advis- ing the City Council and to oversee all matters pertaining to the Five Flags Civic Center including the restored theater. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE City of Dubuque. Iowa: Section 1. That the Code of Ordin- ances of the City of Dubuque, Iowa be and the same is hereby amended by enacting a new Chapter to be numbered 1254, as follows: "CHAPTER 12% CIVIC CENTER COMMISSION ARTICLE 1. GENERAL Sec. 121A-1. Created. There is hereby created a Civic Center Commission to have such powers and responsibilities as hereinafter provided. ARTICLE 11. MEMBERSHIP Sec. 121A-2. Composition. (a) The commission shall be com- prised of a membership of five persons, who shall be appointed by the Dubuque City Council for terms of two years. Two of the initial appointments shall be for a term of one year, three of such initial appointments shall be for a term of two years. (b) Upon completion of their term of office, members of the commission shall continue to serve in their full capacity until a successor has been duly appointed. (c) Membership on the commission shall be limited to persons who are residents of the City of Dubuque. Sec. 121A-3. Vacancies A vacancy caused by death, resigna tion or otherwise on the commissior shall be promptly filled by the Dubuque pity Council for the unexpired term of )ffice Sec. 12%-4. Attendance. (a) Members of the commission shall attend at least two-thirds of all regular- ly scheduled and held meetings within any twelve month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the commission to recom- mend to the Dubuque City Council that said member be replaced. (b) The attendance of all commission members shall be entered upon the minutes of all meetings by the secretary. SEC. 121A-5 Compensation. All members of the commission shall serve without compensation except for reimbursement of necessary expenses. ARTICLE Ill. OFFICERS Sec 1254-6. Organization. (a), The officers of the commission shall be a chairperson, a vice -chairper- son, and a secretary. All officers shall be members of the commission. (b) At the initial meeting of the com- mission and at the first meeting of each calendar year thereafter, the commis- sion shall elect the above identified officers to serve one year terms of office. All officers shall be eligible to serve successive terms of office. Sec. 121/m-7. Duties. (a) The chairperson shall preside at all meetings of the commission and shall perform all duties incident to the office of chairperson. (b) The vice -chairperson shall perform the duties of the chairperson in the absence or incapacity of the chairper- son. In the event of such absence or incapacity, the vicechairperson shall perform such duties as are imposed on the chairperson until such time as ae the commission designates a new chairperson. (c) In the event of the absence of the chairperson or vice -chairperson at any meeting of the commission, the then present members of the commissfor shall select a temporary chairman that meeting. (d) The secretary shall record votes, keep a record of all proceedings of the commission and perform such other duties incident to the office of secretary. (e) In the event of the absence of p secretary at any meeting of com- mission the chairperson shall appoint one of the then present commission members to serve as secretary pro -temp for that meeting. 294 Special Session, June 2200, 1977 ARTICLE IV. MEETINGS Sec. 121/a.7. organizational. The commission shall hold an organ- izational meeting on a date selected by the Mayor of the City of Dubuque. Sec. 12144. Regular and Special. (a) The commission shall meet not less than monthly after 4:00 o'clock P.M. on a regularday. In the event such day falls on a holiday, the meeting shall be held the next working day. (b) Special meetings may be called by the chairperson or at the request of three members of the commission. Sec. 12'4-9.Open and Closed. All meetings shall be open to the public and all closed sessions at such meetings shall be held in conformance with the provisions of applicable sta- tutes of the State of Iowa. Sec. 121/2-10. Notices and Agendas. (a) The commission shall give advance public notice of the time and place of each meeting. (b) In the event of special meetings. each commission member shall be provided either written or personal no- tice as for in advance as practical. In the event a commission member is not so notified, the reason for lack of such notice shall be entered on the minutes of that meeting. (c) All commission members shall be provided with a printed agenda not less than three working days prior to all regularly scheduled meetings, and to the extent practical, prior to all special meetings. Section 12'/:-11. Quorum and Voting. (a) Three members of the commission shall be present at any regular or special meeting for purposes of a quorum to conduct business and to exercise such powers as delegated to the commission by the Dubuque City Council. (b) The voting on all questions coming before the commission shall be by voice vote. The ayes and nuyes of all votes shall be entered upon the minutes by the secretary. (c•) Proxies to vote shall not be permitted. Sec. 121/it-12. Minutes. The commission shall file with the Dubuque City Council a copy of the minutes of each regular and special meeting of the commission within ten working days after each such meeting. ARTICLE V. POLICIES See. 121/2-13 Administrative and Other. All adminstrative , personnel, ac- counting, budgetary and procurement policies of the City of Dubuque shall govern the commission in all of its operations. Sec. 1214-14. Programs, Projects and Services. All programs, projects and services to be developed by the commission must conform to the policies of the City of Dubuque and to applicable local, state and federal laws, rules and regulations. Sec. 121/05. Intennal Rules and Regulations. The Commission may adopt such further rules and regulations to govern its organization and procedures as it may deem necessary and which are not in conflict with this document or other resolutions and or decisisons of the City of Dubuque. Such rules and regulations upon their adoption shall immediately be provided the Dubuque City Council. Sec. 1214-16. Annual Report. The commission within ninety (90) days after the close of the City's fiscal year shall file a detailed annual report of its activities with the Dubuque City Council Sec. 12'4-17. Donations and Gilts The commission may solicit and oth- erwise accept donations and gifts of money, personal property and personal services. All such monies and personal property as received shall become the property of the City of Dubuque for the general use for the support of the civic center and its programs unless such items have been designated by the don - ars for specific purposes. ARTICLE VII PURPOSES Sec. 1214-18. General (a) The commission is charged with development of the optimum utilization of the civic center facility by the widest possible range of users and uses to re- spond to community needs and demands at the least possible cost to the City of Dubuque. (b) It is intended that a director shall have general supervision of the execu- tion of the affairs of the Commission, and as a full time employee the director is charged with the overall man- ugement, administration and operation of the Civic Center and its programs. (c) It is intended that the commission shall have that authority and respon- sibility essential to assure that its gen. eral purpose if fulfilled subject to this Special Session, June 20, 1977 299 Ordinance and subject to the approval of the Dubuque City Council in matters of policy. Sec. 12%-19. SpecNlc. (a) Provide the Dubuque City Council as necessary with recommendations that further the general and specific purposes of the commission. (b) Development of effective leader- ship for efficient planning, control and administration of policies and programs to realize optimum use of the Civic Center. (c) Foster the development of nohe tial and other resources to Support short and long term needs of the Civic Center facility and its programs. (d) Development of Programs provide a variety of year-round intellectual, cultural, enjoyable and attractive lei- sure time activities which contribute to the physical and mental well-being of residents and visitors. (e) Development of programs which contribute to the economic base of the community by encouraging business use of the Civic Center facility. ARTICLE vlll. RESPONSIBILITIES Sec. 12'12-20. General (a) Development of an administrative plan and operating policies in order that all responsibilities are clearly as- signed, scheduled and carried out under the direction of the director to assure the maximum effectiveness in the use of all facilities and resources. (b) Development of schedules of lees and charges for special building services, equipment, special building features, rental rates, admissions, and concessions. (c) Development of informational and promotional programs to secure the full support and participation of the community. (d) Development of accurate, timely and understandable financial data and measurements of effectiveness neces- sary to assure sound policy formula- tion for operation and management. (e) Development of the annual oper- ating budget and an on-going capital improvements budget. (f) Development of a maintenance program to provide a sale, secure, sanitary, clean and attractive facility. (g) Serve as a personnel advisory committee to the City Manager in the selection of a director. (h) Participate with the Dubuque Area Chamber of Commerce, the hotel and restaurant Industry and other in- terest gourps to promote and develop the convention and tourism business for the Dubuque area. (1) Execution of contracts and agreements for the use, operation and maintenance of the Civic Center facili- ty: contracts and agreements for the use of the facility may be signed by the City Manager except that all contracts for usage of the facility involving a term of longer than five (5) days shall be subject to execution by the Mayor with the approval of the City Council. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph fierold Newspaper this 24th day of June, 1977. Leo F. Frommelt City Clerk It6/24 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Juen 8, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the attached communication of Mr. Thomas Rawson, 2310 Knob Hill Drive, Dubuque, Iowa, wherein he stated his opposition to a proposed street, shown as Lot 15 of Block 2 in "Birch Acres" on the attached map. Mr. Rawson contends that the location of the street directly across Fremont Avenue from his re- sidence will diminish the value of the property, and asks that the street access to the "Birch Acres" property be re- located to intersect Fremont on an alignment with Knob Hill Drive. In considering this matter the Com- mission heard from the developer, Ed Tschiggfrie, who explained that the topography of the area had been the primary factor in the development plan for the "Birch Acres" property. The Planning and Zoning Commis- sion has voted to re -affirm their action of April 26, 1977, at which time they approved the final plat of Lots 1 through Special Session, June 20, 1977 7 of Block 2 of "Birch Acres" which dedicated Lot 15 of Block 2 as a public street, and recommends your concurrence. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of community Development Councilman Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. James Schwers of Northwest Development Company stated he had no objections to Fremont access coming out on Lot 15. Tom Rawson of 2310 Knob Hill stated he talked to Planning and Zoning in December, 1976 and was told no streets would be entering into his property. Lot 15 became a public access in April; Concerned for safety of his children; Also should be a concern for the citizens living there; Would have no problem with alignment of access street with Knob Hill. Councilman Pregler moved that the communication of Planning and Zoning be referred back to the Planning and Zoning Commission. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Nays — Councilmen Tully, Wertzberger. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing to consider R-2 Residential District classification on Lots 1 through 7 of Block 2; Lot 15 and portions of Lot I of Lot 15 and Lot 1 of Lot 1 all in "Birch Acres" Subdivision. The property, which is presently classified as R-3 Re- sidential District, lies on the east side of Fremont Avenue north of its inter- section with Kelly Lane in the City of Dubuque. Iowa, as shown on the at. tached map. The communication of Mrs. Ann As- chenbrener, 2305 Knob Hill, and the petition of Mr. Thomas Rawson, 2310 Knob Hill, bearing 12 signatures of area property owners stating their support of the R-2 Residential District zoning on the subject property are attached. There was no one present at the public hearing June 20, 1977 to speak in opposition to the proposal. The Planning and Zoning Commis- sion has voted to approve the R-2 Re- sidential District classification on the above described property and recom- mends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 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 Lot 13 and Lot 14 of Block 1; and a portion of Lot 2 of I of 1 and a portion of Lot 2 of Lot 15 Birch Acres from R-3 to R-2 Residential Classification, presented and read. Co- uncilman Pregler moved that the read- ing just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that the rule requiring an Ordinance to be 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on July 18, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Dennis Baumhover requesting OR -I Office -Re- sidential District reclassification on Special Session, June 20, 1977 301 property described as Lot 1 of the Sub of Lot I of Lot I of Lot 1 of Lot I of Lot 1 in Clarence Polfer Place and is located at the northeast corner of the intersection of Devon Drive and U.S. Highway 20, in the City of Dubuque, Iowa. The proper- ty, commonly recognized as the Moser Inn, 2615 Dodge Street as shown on the attached map, in presently classified as a C-3 Arterial Business Commercial District. The communication of the attorney representing Mrs. William Trenkle of 45 Devon Drive, and the petition of Mr. Robert L. Schreiber bearing 18 signa- tures of area property owners who op- pose the rezoning request, are attached. In considering the Baumhover request, the Commission concluded that the major objections to the OR -1 Of- fice -Residential District classification, as expressed by area residents, were to the maximum building height of sixty feet (60') and maximum lot coverage of fifty percent (50%) which would be al- lowed under that classification. The Planning and Zoning Commission has determined that the OR -1"a" Office Residential District zone which provides a lower allowable maximum building height of thirty-five feet (35') and a lower allowable maximum lot coverage of thirty-five percent (35%) would be the most appropriate clas- sification for the subject property and would be more compatible to the abut- ting residential area. The Planning and Zoning Commis- sion has approved the OR-I"a" Office Residential District classification on the above described property and recom- mends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, 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 Lot 1 of the Sub. of Lot 1 01 Lot I of Lot 1 of Lot 1 of Lot 1 in "Clarence Polfer Place" in the City 01 Dubuque, Iowa, from C-3 Arterial Busi- ness Commercial District Classification to OR -1 "a" Office -Residential District Classification, presented and read Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on July 18, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Earl McClain to reclassify Lots 1, 11, 12 and 19 of McClain Subdivision in the City of Dubuque, Iowa, from R-1 Residential District to the R-3 Residential District classification. The lots front the south side of the 2500 block of West Thirty - Second Street west of its intersection with Carter Road as shown on the at- tached map. In considering the McClain petition the Commission determined that the opposition to multiple -family develop- ment demonstrated by the residents of the West Thirty -Second Street neigh- borhood, as well as the need for further evaluation of multiple-amitytodevelop- ment zones were applicable the McClain proposal and that reel set tion of the property et a a precedent for future landuse proposals in the area. The Planning and Zoning Commission has voted to deny the request for R-3 Residential District classification on Lots 1, 11, 12 and 19 of McClain Subdivision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development 302 Session, June 20, 1977 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE 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 Lot 1, Lot IL Lot 12, and Lot 19 of McClain Subdivision in the City of Dubuque, Iowa, from R-1 Re- sidential District Classification to R-3 Residential District Classification, pre- sented and read. Councilman Pregler, moved that the reclassification be DENIED. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. and Mrs. Walter Jahnke which requested the ex- pansion of an existing OR -I Office Re- sidential District to include their property described as Lot 2 of Lot I of Lot 4 and Lot 2 of Lot I of Lot 7 of the NE'/4in Section 16, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa. The 2 acre Jahnke parcel, currently classified R-1 Residential District, has 125 feet of frontage on the north side of West Thirty -Second Street approximately 465 feet east of John F. Kennedy Road, as shown on the attached map. In reviewing the Jahnke petition, the Commission heard an account of the May I Ith meeting of residents of the J.F. Kennedy Road -West Thirty -Second Street Neighborhood where future land -use in the area was discussed and it was reported that the residents voiced strong objection to any multiple development in the West Thirty -Second Street corridor, and to an existing OR -1 District zone at the intersection of J.F.K. Road and West ThirtySecond St. At the public hearing the Commission received a communication from Mr. and Mrs. Thomas R. Steffen, 3210 West Thirty -Second Street and the petition of Mr. Jim Link, 3023 West Thirty -Second Street bearing 51 signatures of area residents who oppose the Jahnke request, both are attached for your information. The City Planning and Zoning Com- mission has voted to deny the Jahnke petition for reclassification of their property and has directed their staff to re-evaluate their policy and guidelines for multiple -family development zones. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of James F. Link et al (17 signers) objecting to the rezoning of property at Kennedy Road and W. 32nd Street from R -I to ORA Residential District Classification (forwarded from meeting of June 6, 1977), presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE 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 Lot 2 of Lot I of Lot 4 and Lot 2 of Lot 1 of Lot 7, of the Northeast'/4, Section 16, T89N, R2E, of the 5th P.M. in the City of Dubuque Iowa, from R -I Residential District Classification to OR -I Office Residential District Classification, presented and read. Councilman Pregler moved that the reclassification be DENIED. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing to consider application of an R-2 Residential District classification on property in "Jaeger Heights" Subdivi- sion which was recently annexed to the City of Dubuque, Iowa, and also to consider R-2 classification on 19 other lots in the subdivision which are con- tiguous to the recently annexed proper- ty and presently zoned as R-4 Residen- tial District clasisification. The subject property is located west of Rockdale Road north of Tower Drive and the area Session, June 20, 1977 303 and zoning classification are depicted Councilman Pregler moved that a on the attached map. public hearing be held on the Ordinance In considering the zoning classifica- July 18, 1977 at 7:30 o'clock P.M. in the tion for this property the Planning and Council Chamber at the City Hall and Zoning Commission has found that due that the City Clerk be instructed to to the topography and surrounding land publish notice of the hearing in the use in the area that Lots 1 through 8 manner required by law. Seconded by I which abut Jaeger Drive on the west Councilman Tully. Carried by the fol - and south, should be retained in the R4 lowing vote: t Residential District to serve as a buffer Yeas — Mayor Stackis, Councilmen zone between the proposed single fami- Brady, Pregler. Tully, Wertzberger. ly development and the existing mobile Nays — None. home park. AN ORDINANCE amending and The Planning and Zoning Commis- changing Ordinance No. 32-75, known sion has approved R-2 Residential Dis- as the "Zoning Ordinance and Zoning trict classification on property de- Map of the City of Dubuque, Iowa" 1 scribed as follows: Lots 9 through 21 of which amendment shall zone and clas- "Jaeger Heights" Subdivision and Lot 2 sify Lot 20 and 21 of "Jaeger Heights"; of the sub of Lot 2 of Lot 2 in "Schrup's and Lot 2 of the Sub. of Lot 2 of Lot 2 in Subdivision: and has endorsed the pre- "Schrup's Subdivision" in Section 1 sent R-4 Residential District classifica- Table Mound Township, recently an - tion on Lots 1 through 8 of "Jaeger nexed to the City of Dubuque, in an R-2 Heights" Subdivision. The Planning and Residential District Classification, pre - Zoning Commission recommends your sented and read. Councilman Pregler moved that the reading just had be favorable consideration. CITY PLANNING AND considered the first reading of the Or - ZONING COMMISSION dinance. Seconded by Councilman Tul- Daniel Dittemore Director of Community ly. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Development Brady, Pregler, Tully, Wertzberger. Councilman Pregler moved that the Nays — None. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried rule requiringrequiring an Ordinance to be by the following vote: receved and filed at two meetings prior to the meeting when final action is Yeas —Mayor Stackis, Councilmen taken, be dispensed with. Seconded by Brady, Pregler, Tully, Wertzberger. Councilman Tully. Carried by the fol -Nays —None. i AN ORDINANCE amending and lowing vote: Yeas —Mayor Stackis, Councilmen as the "Zoning Ordinance and known changing Ordinance No. and Zoning Brady, Pregler, Tully, Wertzberger. Map of the City of Dubuque, Iowa', so as to reclassify Lots 9 through 19 of Nays —None. Councilman Pregler moved that a "Jaeger Heights Subdivision", Section 1. public hearing be held on the Ordinance P g on July 18, 1977 at 7:30 o'clock P.M. in Table Mound Township, in the City of the Council Chamber at the City Hall Dubuque, Iowa from R4 Residential District Classification to R-2 Residential and that the City Clerk be instructed to District Classification, presented and publish notice of the hearing in the manner required by law. Seconded by read. Councilman Pregler moved that Councilman Tully. Carried by the fol- the reading just had be considered the first reading of the Ordinance. Seconded lowing vote: — or Stackis by Councilman Tully. Carried by the zCouncilmen Bradys M following vote: Yeas — Mayor Stackis, Councilman Nays —None. ORDINANCE NO. 41-77 Brady, Pregler, Tully, Wertzberger. AN ORDINANCE OF THE CITY OF Nays —None. Councilman Pregler moved that the DUBUQUE, IOWA PROVIDING THAT CODE OF ORDINANCES, CITY OF I rule requiring an Ordinance to be THE By DUBUQUE, IOWA BE AMENDED i received and filed at two meetings is C SUBSECTION (B) OF SE - prior to the meeting when final action taken, be dispensed with. Seconded by REVISING TION 25-209 OF SAID CODE, PROVID- VEHICLES STOP BEFORE Councilman Tully. Carried by the fol- ING THAT ENTERING THOSE STREETS OR lowing vote: Yeas — Mayor Stackis, Councilmen ! PARTS OF STREETS DESIGNATED AS THROUGH STREETS, PRESENTED Brady, Pregler, Tully, Wertzberger. AND READ. Nays — None. 304 Special Session, June 20, 1977 Councilman Pregler 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 Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None, Councilman Pregler in that the rule requiring an Ordinance to be received and riled 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. ORDINANCE NO. 41-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING SUBSECTION (b) OF SEC- TION 25-209 OF SAID CODE, PROVID- ING THAT VEHICLES STOP BEFORE ENTERING THOSE STREETS OR PARTS OF STREETS DESIGNATED AS THROUGH STREETS. NOW THEREFORE BE IT OR. DAINED BY THE City Council of the City of Dubuque, Iowa. Section 1. That Subsection (b) of Section 25-209 of the Code of Ordin. ances, of the City of Dubuque, Iowa, be amended so that such section shall read as follows: "Sec 25-209. (b) When signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before enter- ing any of the following streets which are designated as through streets. 1. Algona Street from the intersection of University Avenue to St. Joseph Street. 2. Asbury Road from University Avenue to its westerly terminus. 3. Avalon Road from the North property line of Pennsylvania Avenue to the South property line of Hillcrest Road and from the North property line of Hillcrest Road to the South property line of Asbury Road. 4. Bluff Street from West Locust Street to the North line of West Twelfth Street and from the south line of West Twelfth Street to Dodge Street. 5. Burden Avenue from the West property line of Windsor Avenue to its northerly terminus. 6. Carter Road from the east property line of the John F. Kennedy Road to the South property line of Kaufmann Avenue, and from the north property line of Kaufmann Avenue to south property line of Kane Street and from the North property line of Kane Street to the South property line of West Thir- ty -Second Street. 7. Central Avenue from the north line of Fourth Street to the northerly ter- minus of said Avenue. 8. Chaney Road from the north property line of Pennsylvania Avenue to the south property line of Hillcrest Road; from the north property line of Hillcrest Road to the south property line of Asbury Road; from the north proper- ty line of Asbury Road to the south property line of Kaufmann Avenue, and from the north property line of Kauf- mann Avenue to the south property line of Kane Street. 9. Devon Drive from Dodge Street to the northerly property line of Mineral Street. 10. Dodge Street from the west line of Locust Street to its westerly terminus at the City Limits. 11. Elm Street from the south line of East Twelfth Street to the south line of East Twentieth Street. 12. Fremont Avenue from the South property line of Dodge Street to the North property line of Simpson Street. 13. Garfield Avenue from Elm Streets to Shiras Avenue. 14. Hill Street from the southline of Eighth Avenue to the north property line of Dodge Street. 15. Hillcrest Road from the south property line of Asbury Road to the east property line of Carter Road and from the west property line of John F. Kennedy Road to the east property line of Keyway and from the west property line of Keyway to its westerly terminus. 16. Iowa Street from East First Street to the south property line of West Seventeenth Street. 17. Jackson Street from the north property line of East Twelfth Street to the South Line of East Twenty-fourth Street and from the north property line of East Twenty -Fourth Street to its northerly terminus. 18. John F. Kennedy Road From Hi - Way tr20 to its northerly terminus. 19. Kane Street from Kaufmann Avenue to Carter Road. 20. Kaufmann Avenue from the west property line of Central Avenue to the east property line of Carter Road; and from the west property line of Carter Road to the east property line of Crissy Special Session, June 20, 1977 305 Drive; and from the west property line of Crissy Drive to the east property line of John F. Kennedy Road, and from the west property line of John F. Kennedy Road to the east property line of Bonson Street. 21. Kerper Boulevard from East Ninth Street to the south property line of East Sixteenth Street, and from the north property line of East Sixteenth Street to the south property line of Hawthorne Street. 22. Kerrigan Road from its southerly terminus at the City Limits, north to its junction with South Locust Street. (a) South Locust Street north to its junction with Locust Street. (b) Locust Street north to the north line of West Seventeenth Street. 23. Loras Boulevard from the west line of Central Avenue to the north property line of University Avenue. 24. Main Street from the south line of Jones Street to the south line of west Fifth Street and from the north line of West Ninth Street to the north line of West Seventeenth Street. 25. Mineral Street from the easterly property line of Devon Drive to the easterly property line of O'Hagen Street. 26. North Algona Street from the north property line of Loros Boulevard to the south line of North Grandview Avenue. 27. North and South Grandview Avenue from the southeasterly termin- us of South Grandview Avenue, to the south property line of Delhi Street, and from the North property line of Delhi Street to the south property line of University Avenue, and from the north property line of University Avenue to the south property line of Clarke Drive. and from the north property line of Clarke Drive to the south property line of Kaufmann Avenue and from the north property line of Kaufmann Aven- ue to the South property line of Kane Street, and From the north property line of Kane Street to the south property line of West Thirty -Second Street. 28.O'Hagen Street from the northerly property line of Mineral Street to the southerly property line of University Avenue. 29. Pennsylvania Avenue from University Avenue to its westerly terminus. 30. Primrose Street from the north property line of Kane Street to the south property line of Davenport Street. 31. Rhomberg Avenue from the East property line of Elm Street to the west property line of Lincoln Avenue. 32. Shiras Avenue from the north property line of Rhomberg Avenue to the Eagle Point Park exit. 33. University Avenue from the north property line of Eighth Avenue to the east properly line of North Grandview Avenue, and from the West property line of North Grandview Avenue to the east property line of Asbury Road, and from the west property line Asbury Road to the John F. Kennedy Road. 34. White Street from the north line of East Fourth Street to the south line of East Twenty -Second Street. 35. Windsor Avenue from the north property line of Rhomberg Avenue to the south property line of Davis Avenue. 36. East Ninth Street from Kerper Boulevard to the east property line of Central Ave. 37 East Eleventh Street from the east property line of White Street to the West property line of Kerper Boulevard. 38. East Twelfth Street from the west property line of Kerper Boulevard to the east property line of Elm Street and from the east property line of Elm Street to the east property line of Central Avenue. 39. East Fourteenth Street from the west line of Elm Street to the east line of Central Avenue. 40. East Fifteenth Street from the east property line of Elm Street to the west line of Sycamore Street, 41. East Sixteenth Street from Elm Street to its easterly terminus. 42. East Twentieth Street from the east property line of Central Avenue to the east line of Elm Street. 43. East Twenty -Second Street from Central Avenue to the west line of Windsor Avenue. 44. West Third Street from the west property line of Bluff Streeet to the east property line of North Grandview Avenue. 45. West Fourth Street from the west line of Bluff Street to the east line of Central Avenue. 46. West Fifth Street from the east property line of Wilson Avenue to the East line of Delhi Street. 47. West Eighth Avenue from the west property line of Locust Street to the extension of the east line of Hill Street. 48. West Twelfth Street from the west line of Central Avenue to the west line of Bluff Street, thence to the west property line of Grace Terrace, Grove Terrace to the north of Arlington Street; Arlington Street from Grove Terrace to the west line of Highland Place. 49. West Thirty -Second Street from 306 Special Session, June 20, 1977 the west property line of Central Aven- ue to the east property line of John F. Kennedy Road." Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June. 1977. Leo F. Frommelt City Clerk 1t6124 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of R. Hooser et at (33 signers) residents of Kane Street objecting to the installation of an air siren in the 900 Block of Kane Street, presented and read. Councilman Wertzberger moved that the petition be received and filed and referred to City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of K and K Heating Co., Inc., requesting a refund of $25. for two un. used hearing permits, presented and read. Councilman Wertzberger 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate at 1606 Rhomberg Ave., presented and read. Councilman Wertzberger 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. Petition of City Employees voicing their fears that the vehicle policies will have severe detrimental effects on the operation of various City departments, presented and read. Councilman Wertzberger moved that the petition be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of .terry Gehrke et ux requesting vacation of a portion of Wilderness Road lying south of Spring Valley Road, Easterly half abuts their property. Westerly half abuts Eisen- hower School, presented and read. Councilman Tully moved that the peti- tion be referred to th the Citv Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tullv, Wertzberger. Nays — None. Petition of Dubuque Sertoma Club requesting permission to use Petrakis Park for a rock concert on July 21, 1977, presented and read. Councilman Tully moved that the request be approved subject to coordination of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Councilmen Brady. Pregler, Tully, Wertzberger. Nays — Mayor Stackis. Petition of Dave Beidler requesting a refund of $100. on Cigarette License No. 1159, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of hearing to amend the current budget, 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 Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 208-77 A Resolution amending the current budget for the Fiscal Year Ending June 30, 1977 (as amended last November 1, 1976). BE IT RESOLVED BY THE City Special Session, June 20, 1977 307 Council of the City of Dubuque, Iowa: Section 1. Following notice published June 9, 1977, and the public hearing held June 20, 1977, the current budget (as previously amended) is amended as set out herein: Section 2. The cash balances and revenue estimates are amended as follows: FUND: General — New available balance, $673,577; New total revenue estimate, $9.108.198. Section 3. The following changes (transfers of appropriations between programs, and increases in total appro- priations) are hereby authorized: Program: Human Development. Change appropriation from $1,992,123 to $2,109,141. Passed this 20th day of June,l977. Passed this 20th day of June, 1977 Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk 1 hereby certify the above transac- tions to be a true copy of the proceed- ings of the City Council and the resolu- tion passed in the above matter. Leo F. Frommelt City Clerk June 20, 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. June 7, 1977 Honorable Mayor and City Council The construction of steps on Eleventh Street and Jefferson Park have been completed in accordance with plans and specifications by Patrick T. O'Dowd of Dubuque, Iowa. f Gilbert D. Chavenelle I City Manager 7 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. (A Resolution Accepting Improvement) RESOLUTION NO. 209-77 WHEREAS, the contract for the Eleventh Street Steps and Jefferson Park Steps has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac. ceptance, now therefore, BE IT RESOLVED, BY THE CITY COUNCIL 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 Com- munity Development Fund issued upon the above described improvement in amount equal to the amount of his acontract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of June, 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. Final Estimate RESOLUTION NO. 210-77 WHEREAS, the contract for the Eleventh Street Steps and Jefferson Park Steps has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, BY THE City Council of the City of Dubuque. That the cost of said improvement is hereby determined to be $22,914.57. That none of the cost thereof shall be assessable upon private property and $22,914.57 shall be paid from the Com- mu nity Development Fund of the City of Dubuque. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 308 Session, June 20, 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. Proof of Publication, certified to by the Publisher, of Notice of Pendency on Resolution of Necessity for construc- tion of Alta Vista curb and gutter re- placement project from Kirkwood to Vernon Street, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -- Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger,. Nays — None. Decision of Council upon objections to plans, specifications, form of contract and cost of Improvements RESOLUTION NO. 211-77 WHEREAS, proposed plans and specifications and form of contract for the Alta Vista Street Curb and gutter replacement project from Kirkwood Street to Vernon Street have been ap- proved by the City Council of the City of Dubuque andpublic notice given as provided by Chapter 384 of the Code of Iowa 1977 pertaining to public con- tracts, 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 20th day of June, 1977; and WHEREAS, the City Council met in special session this 20th day of June, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein 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 COUNCIL OF THE City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said im- provement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract her- etofore 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 20th day of ,tune, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. NECESSITY FOR IMPROVEMENT RESOLUTION NO. 191-77 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 streets to be improved. 2. The width of such improvement. and the size and kind of curb and gutter. 3. An estimate of the cost of the proposed improvement. For the Alta Vista Street curb and gutter replacement project from Kirk- wood Street to Vernon Street. BE IT THEREFORE RESOLVED THAT THE City Council on its own motion or upon petition of property owners, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections, 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 paid out of fund 03.1022-2403. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of June, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt of proposals for construction of Cooper Place Steps, presented and read. Councilman Brady moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. June 14, 1977 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., D.S.T., Thursday, June 9, 1977, for Cooper Place Steps. The lowest bids were entered by Pa- trick T. O'Dowd of Dubuque, Iowa. The bid for Alternate I was $16,505.93 which is 16.83% below the Engineer's Estimate. The bid for Alternate 11 was $19,504.13 which is 9.04% under the Engineer's Estimate. I recommend that the Alternate I contract be awarded to Patrick T. O'Dowd. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Pregler. Car- ried by the following vote: i Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 20,1977 309 (Awarding Contract) RESOLUTION NO. 212-77 WHEREAS, sealed proposals have been submitted by contractors for the Cooper Place Steps (Alternate I) pur- suant to Resolution No. 155-77 and no- tice to bidders published in a newspaper published in said City on May 24, 1977 and WHEREAS, said sealed proposals were opened and read on June 9, 1977, and it has been determined that the bid of Patrick T. O'Dowd of Dubuque, Iowa in the amount of $16,505.93 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Coun- cii 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 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 213-77 WHEREAS, Regina Cooper Gilmore has executed a deed conveying the her- einafter described real estate to City of Dubuque, Iowa which real estate is described as follows: The North one half of Lot 39 and Lot 40 and Lot 41 in ,Cooper Heights", a Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof: and WHEREAS, said deed of conveyance should be accepted by the City of Dubuque, Iowa: 310 Session, June 20, 1977 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque. Iowa: Section 1. That the deed of con. veyance dated the 7th day of June. 1977 wherein Regina Cooper Gilmore, a sin- gle person, conveys the hereinabove described real estate to the City of Dubuque, Iowa and delivery of same, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said deed to be recorded in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Council Councilman Stackis moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of City Manager ad- vising of low bidder as being Tri-State Paving for the Main Street lighting project from 1st to 4th Streets (forwarc from last meeting), presented and read Councilman Pregler moved that the bid be Denied and entire project referred back to the City Manager and Staff for Rebid. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — Councilman Tully. June 14, 1977 Honorable Mayor and Members of the City Council Between February 10, 1975 and Sep- tember 30, 1976, the City of Dubuque acted as Program Agent for Title VI of the Comprehensive Employment and Training Act under contract with the Iowa State Office for Planning and Pro- gramming. During that period the City was alloted $339,926 for the program; it expended $339,834.70 for participant wages, fringe benefits and administra. tive expenses. Since the contract has expired on September 30, 1976, and no modification is contemplated which will extend it beyond that date, you are requested to pass a resolution which will allow the mayor to sign the close out documents. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. RESOLUTION NO. 214-77 WHEREAS, the Federal Government enacted the Comprehensive Em- ployment and Training Act Title VI and made funds available during FY 1976 to hire unemployed people; and WHEREAS, the City of Dubuque has acted as Program Agent in the adminis- tration of these funds during FY 1976; and WHEREAS, the City of Dubuque has expended all but $91.30 of the $339,926 granted to it under this program in FY 1976; and WHEREAS, it is required of the City, as Program Agent, to submit the close out documents to the Iowa State Office of Planning and Programming; NOW THEREFORE BE 1T RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Mayor is hereby authorized and empowered to sign the contract close out documents for the FY 1976 Title VI Public Service Em- ployment Program. Passed, approved and adopted this 20th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. RESOLUTION NO. 215-77 WHEREAS, there has been submitted to the City Council of the City of Dubuque, Iowa, Statement of Actual and Projection of Revised 1976 Net Revenue before Debt Service Requir- ements relating to proposed bond issue for parking facilities expansion prepared by O'Connor, Brooks and Co., Session, June 20, 1977 311 certified public accountants, dated May 25, 1977; and WHEREAS, there has been submitted to the City Council of the City of Dubuque, Iowa the Report on Revised Parking Fees and Expansion of the Iowa Street Ramp, dated May 1977, prepared by De Leuw, Cather and Company, consulting engineers and planners; and WHEREAS, said reports have been examined by the City Council and finds that same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the Citv of Dubuque, Iowa: Seetlon 1. That the Statement of Actual and Projection of Revised 1976 Net Revenue before Debt Service Requirements, dated May 25, 1977, prepared by O'Connor, Brooks and Co., certified public accountants, and the Report on Revised Parking Fees and Expansion of Iowa Street Ramp., dated May 1977, prepared by DeLeuw, Cather and Company, consulting en- gineers and planners, relating to the Expansion of the Iowa Street Parking Ramp, be and the same each is hereby approved, and the City Clerk is hereby directed to cause same to be made a matter of public record. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 216-77 RESOLUTION to fix a date for the Initiation of proceedings for the Issuance of $850,000 Parking Facilities Revenue Bonds, 1977 Series, of the Clty of Dubuque, Iowa. WHEREAS the City of Dubuque, in Dubuque County, Iowa, has heretofore established a system of public motor vehicle parking facilities in said City consisting of both on -street parking meters and off-street parking facilities and has established regulations for the use and operation thereof inorder to i properly regulate and control traffic upon the congested streets within said City; and WHEREAS in order to expand and improve said system of public motor vehicle parking facilities Parking Facilities Revenue Bonds of Said City were heretofore issued under date of June 1, 1964, of which bonds in the amount of $900,000 are now outstand- ing, numbered 71 to 250, inclusive, bearing various rates of interest and maturing serially on January I of each of ther respective years 1978 to 1994, inclusive, and Parking Facilities Reven- ue Bonds, 1968 Series, of said City were heretofore issued under date of January 1, 1969, of which bonds in the amount of $515,000 are now outstanding, num- bered IS to 120, inclusive, bearing in- terest at the rate of Five per cent (5% per annum, and maturing serially on January 1 of each of the respective years 1978 to 1996, inclusive, and in and by the proceedings authorizing the is- suance of said outstanding bonds, and as recited on the face of each of said bonds the right was reserved to the City to from time to time authorize and issue additional parking facilities revenue bonds ranking on a parity with the bonds therein authorized under certain conditions and restrictions; and WHEREAS there are no other bonds or obligations now outstanding which are payable from or constitute a lein upon the net revenues of said parking system and the conditions and restric- tions with respect to the issuance of additional bonds ranking on a parity with said outstanding bonds as set forth in the proceedings authorizing their issuance can now be met so that the bonds hereinafter proposed to be issued may rank on a parity therewith; and WHEREAS the location and physical characteristics of the business area, together with the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sections of said City, thus preventing the free circulation of traffic in, through and from said City, impeding the rapid and effective han- dling of fires and operation of police forces and endangering the health, safety and welfare of the general public; and WHEREAS public convenience and necessity will be served by adding to, extending and improving said system of public motor vehicle parking facilities as contemplated and recommended by reports prepared by De Leuw, Cather and Company, consulting Engineers, in 312 Special Session, June 20, 1977 1975, 1976 and 1977 and now on file with the City Clerk, and consisting of con- structing an addition to the Iowa Street Parking Ramp in the business district of the City to accommodate more cars; and WHEREAS traffic conditions upon the streets of said City are such as to necessitate and require for the public benefit, safety and convenience of said City and its inhabitants that said ramp addition be constructed, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said City be alleviated and properly controlled; and WHEREAS the system of public mo- tor vehicle parking facilities of said City constitutes a "City enterprise" within the meaning of Sections 384.24 and 384.80 et seq. of the Code of Iowa, 1975, an amended, and the extension and improvement of said system through the construction of the addition to the Iowa Street Parking Ramp constitutes a "Project" within the meaning of Sec- tions 384.80 et seq. of the Code of Iowa, 1975, as amended, which may be fin- anced through the issuance of revenue bonds payable from the net revenues of said parking system; and WHEREAS the cost of constructing said additional off-street public motor vehicle parking facilities has been es- timated to be $1,800.000, of which $950,000 is to be paid from cash on hand, including federal revenue sharing funds, and as authorized under the provisions of Sections 384.80 et seq. of the Code of Iowa, 1975, as amended, it is necessary that revenue bonds of said City be is- sued in the amount of $850,000 to pay the balance of the cost of such addi tional facilities; and WHEREAS before 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 such action 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 5th day of July, 1977, 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 Parking Facilities Revenue Bonds 1977 Series, of said City in the principal amount of $850,000 for the purpose of paying the cost, to that amount of acquiring the additional public motor vehicle parking facilities in and for %did City as referred to in the preamble hereof. Section 2. That the City Clerk is her- eby 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 as least once not less than four (4) nor more than twenty (20) days before said meeting in the "Tele. graph -Herald," a legal newspaper pub- lished in the City of Dubuque, Iowa, and having a general circulation within said City. Said notice shall be substantially the following form NOTICE OF MEETING FOR ISSUANCE OF PARKING FACILITIES REVENUE BONDS, 1977 SERIES The City Council of the City of Dubuque, Iowa, will meet on the 5th day of July, 1977, 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 ac- tion taken for the issuance of $850,000 Parking Facilities Revenuw Bonds, 1977 Series, of said City, bearing interest at a rate or rates not exceeding Seven per cent (7%) per annum, for the purpose of paying the cost, to that amount, of extending and improving the system of public motor vehicle parking facilities of said City by constructing an addition to the Iowa Street Parking Ramp in the business district 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 presently outstanding Parking Facilities Revenue Bonds of said City dated June 1, 1964, and Park- ing Facilities Revenue Bonds, 1968 Se- ries of said City dated January 1, 1969, and any additional bonds of said City as may be hereafter issued and outstand- ing from time to time ranking on a parity therewith, will be payable solely and only from the future net revenues derived from the operation of the sys- tem of public motor vehicle parking facilities of said City, consisting of the net revenues of its off-street parking facilities and the net revenues of its on -street parking meters. 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. Session, June 20, 1977 313 By order of the City Council of the City of Dubuque, Iowa, this 20th day of June, 1977. 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 June 20, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded June 20, 1977 Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 15, 1977 Honorable Mayor and City Council The City of Dubuque has been ad- vised that $1,818,000 has been allocated as the targeted amount under the second round of the Public Works Act. We recommend the following projects be updated as to costs and resubmitted in the following order of priority. Targeted Amount .. 61,618.1810 Projects Parking Ramp Addition $443.960 Greenhouse -Potting House ... .. 191.525 Expansion of City Garage 243.029 17th Street Sturm Sewer 517.820 1.506.334 Balance ut Program .... 6 3.I A" We have found it necessary to eliminate the 4th Street Construction Project from further consideration at this time in view that the Iowa Depart- ment of Transportation has not ap- proved the project for participation in the Federal Aid to Urban Systems pro- gram as the final plans for the new bridge, approaches, etc. have not been fully resolved. We would request your consideration of the following projects to utilize the remaining balance of $311.666. This figure is subject to some refinement as the above projects are updated. Madison Street Steps ....... $250,000 Reconstruction of Flora Park Tennis Courts ............ $ 50,000 We would suggest that the following additional projects might be considered at a later date in the event a favorable bid is received on June 29 for construc- tion of the Iowa Street Parking Ramp Addition. Such a favorable bid would reduce the $553,960 as listed above to something less. Sanitary Sewers (Edwards & RET) ..................... $50.000 Boat Ramp ................. $40.000 10th Street Lighting ......... $11,000 Additionally, we believe the inclusion of the 17th Street Storm Sewer Project should perhaps be reconsidered in view of its high cost to accomplish. The Pub- lic Works Act as it is written may not permit its withdrawal and the substitu- tion of other projects in its place. In the event such withdrawal is possible you may wish to consider the following projects. City Hall Renovation ..... $100,000+ FDR Park Improvements .. $ 50.000 Marshall Park Improvements $ 50.E Pedestrianway Construction (Main Street -4th to 5th) . $150,000 Library Improvements .... $ 50,000 In order for the City to resubmit any of the original projects or new projects, it is necessary to provide the Federal agency a listing of the projects in order of priority at a total cost which is not to exceed $1,818,000. This prioritizing we would request be done onMonday evening, June 20. In anyevent submission and new submissions must be received by the Federal agency no later than July 15. The attached resolutions authorize the resubmission of the four projects and the conductingonmental will assessments of new, projects. also have available at the Monday evening Council meeting, additional resolutions for your adoption to auth- orize the submission of new projects as they are identified during the course of the meeting. Gilbert U. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. 314 1 Session, June 20, 1977 In response to the Manager's com- munication the following list of priori- ties was set up: Flora Park Tennis Courts - $60,000., Boat Ramp - 540,0x10., Sewers - $50,000., FDR Park - $50,000., Marshall Park - $50,000., City Hall Ren- ovation - $50,000 TOTAL — $300,000. Councilman Tully moved adoption of the priorities as listed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved authoriza- tion of execution of applications. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Richard Kieffer et al (45 signers) requesting consideration in the priority list of projects to complete con- struction of the 16th Street launching facility for small craft; facilities to dock the Delta Queen, other recreational im- provements, presented and read. Coun- cilman Tully moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 217-77 RESOLUTION authorizing the execu. tion and resubmission of a local public works Capital Development and Investment Program Application. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds under Title I of the Public Works Em- ployment Act of 1976 for the expansion of the Greenhouse Potting House; and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation; and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976; and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. 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 have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit a Local Public Works Capital Development and Investment Program application, including all understnd- ings and assurances contained therein, for the expansion of the Greenhouse Potting House. Section 4. 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. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wetrtzberger. Nays — None. RESOLUTION NO. 240-77 RESOLUTION authorizing the execu- tion and resubmission of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds under Title I of the Public Works Em- Session, June 20, 1977 315 plovment Act of 1976 for the expansion of the City Garage; and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation; and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976; and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That is hereby found and determined that there have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit 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 4. 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. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk I Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 241-77 RESOLUTION authorizing the Execu- tion and Resubmission of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the City of Dubuque under date of October 25, 1976 submit. ted an application for certain funds under Title I of the Public Works Em. ployment Act of 1976 for construction of the 17th Street Storm Sewer; and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation; and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976; and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. 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 have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit 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. 316 Special Session, June 20, 1977 Section 4. 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. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 242-77 RESOLUTION authorizing the execu- tion and resubmission of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds under Title l of the Public Works Em. ployment Act of 1976 for the expansion of the Iowa Street Parking Ramp; and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September l6, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation; and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976; and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. 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 have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit a Local Public Works Capital Development and Investment Program application, including all understand- io.gs and assurances contained therein, for the expansion of the Iowa Street Parking Ramp. Section 4. 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. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 218-77 AUTHORIZING an Environmental Review of Certain Public Works Projects. WHEREAS, the Public Works Em. ployment Act of 1977 authorizes certain funds for employment opportunities in area of high unemployment through the expeditious construction for renovation of public facilities; and WHEREAS, 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 Special Session, June 20, 1977 317 WHEREAS, the City of Dubuque de - ares its intent to assist the Economic evelopment 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 It 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 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 20th day of June, 1977. Emil STackis Mayor James E. Brady WalterA. Pregler Richard Wertzberger Thomas A. Tully Jr. Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 219-77 RESOLUTION Authorizing the listing of Public Works Projects in order of priority WHEREAS, the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, 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 is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the City of Dubuque must provide the Federal Agency a prioritization of projects as a condition precedent to the consideration of any refiled or new application to be submit- ted under the provisions of the Act. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the City Council of the City of Dubuque hereby designates the following projects in their order of priority for submission to and con- sideration by the Economic Develop- ment Administration. Ranking Project I Expansion of Iowa Street Parking Ramp 2 Construction of Greenhouse -Potting House 3 Expansion of City Garage i Construction of 17th Street Storm Sewer 5 Reconstruction of Flora Park Tennis Courts 6 Schmitt Harbor Public Boat Ramp 7 Edwards Sanitary Sewer Line 6 RET Sanitary Sewer Line 9FDR Park Improvements 19 Marshall Park Improvements I I City Hall Renovation Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to certify to the Economic Development Administration priori- tization of projects to be refiled and or newly submitted pursuant to the provi- sions of Round 11 of the Local Public Works Capital Development and In- vestment Program. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor James E. Brady Walter A. Pregler Richard Wertzberger Thomas A. Tully Jr. 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. RESOLUTION NO. 220-77 RESOLUTION authorizing the Execu- tion and Submission of a Local 318 Special Session, June 20, 1977 Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, 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 is an eligible recipient for such funding to carry out public works ad defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Reconstruction of Flora Park Tennis Courts. 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 Reconstruction of Flora Park Tennis Courts. 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. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommel[ 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. 221-77 RESOLUTION authorizing the execu- tion and submission of a Local Public Works Capital Develop- ment and Investment Program Application WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, 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 is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Schmitt Harbor Public Boat Ramp. 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 Schmitt Harbor Public Boat Ramp. 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. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommel[ 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. 222-77 RESOLUTION authorizing the Execu- tion and submission of a Local Public Works Capital Develop- ment and Investment Program application. Special Session, June 20, 1977 319 WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in area of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Construction of Edwards Sanitary Sewer Line. 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 Edwards Sani- tary Sewer Line. Section 2. That the City Manager of the C itv 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 applicaticin. Passed, approved and adopted this 20th day of June, 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. RESOLUTION NO. 223-77 RESOLUTION authorizing the Execu- tion and Submission of a Local Public Works Capital Develop- ment and Investment Program Application WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, 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 is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Construction of RET Sanitary Sewer Line. 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- itigs and assurances contained therein, for the Construction of RET Sanitary Sewer 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. Passed, approved and adopted this 20th day of June. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler 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: Yea — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Yeas Nays — None. RESOLUTION NO. 224-77 RESOLUTION authorizing the Execu- tion and Submission of a Local Public Works Capital Develop- ment and Investment Program Application WHEREAS, the Local Public Works Capital Development and investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- 320 orizes funds for employment opportun- ities in area of high unemployment through the expeditious construction of renovation of useful public facilities; and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as FDR Park Improvements. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Sfcdon 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 FOR Park Improvements, Seddon 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. Passed, approved and adopted this 20th day of June, 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. RESOLUTION NO. 225-77 RESOLUTION authorizing the Execu- tion and Submission of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construcition June 20, 1977 or renovation of useful public facilities; and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act; and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Marshall Park Improvements. 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 Marshall Park Improvements. 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. Passed, approved and adopted this 20th day of June, 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. RESOLUTION NO. 226-77 RESOLUTION authorizing the Execu- tion and Submission of a Local Public Works Capital Develop- ment and Investment Program Application WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, 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 is an eligible recipient for such funding to Special Session, June 20, 1977 321 tarry out public works as defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ. mental assessment to expedite the processing of a project identified as Renovation of City Hall. 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 Renovation of City Hall. 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. Passed, approved and adopted this 20th day of June. 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. RESOLUTION NO. 227-77 Preliminary Estimate, in the amount of $33,647.74, for City of Dubuque 1977 Curb Replacement Project - 2256.7 line, ft. curb and 6259.6 sq. ft. sidewalk, pre- sented and read. Councilman Tully moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (NecessityR SOLUTION NO. 228-77 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 amonf other things the following: 1. The streets to be improved. 2. The length of curb improvements. 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. for the City of Dubuque 1977 Curb Replacement Project. BE IT THEREFORE RESOLVED THAT THE City Council on its own motion or upon petition of property owners, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections 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 paid out of the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk royal of Councilman Tully moved app the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Fixing deb of hearing) RESOLUTION NO. 029 cthe tl of WHEREAS, the City Ref the City of Dubuque. Iowa, has by Resolu- tion No. 227.77 given its preliminary approval on the proposed plans. specifications and form of contract and placed same on file in the fficfof the the City Clerk for public inspection.Dubuque construction of the City of 1977 Curb Replacement Project and. sed Resolution WHEREAS, the proposed has of Necessity for said imp been introduced and now on file 1 CitClerk's office for public inspection, 322 Special Session, June 20, 1977 BE IT THEREFORE RESOLVED that on the .5th day of July. 1977 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 may appear and make objection to the proposed plans and specification and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is herebv directed to cause oa 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 not be 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. Passed, adopted and approved this 20th day of .lune, 1977 Emil Stackis Mayor .lames E. Brady Walter A. Pregler Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Lee 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. Na_vs — None. (Ordering Construction) RESOLUTION NO. 230-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Dubuque that pursuant to a resolution of neces. sity No. 228-77 which was duly passed by this Council, for the City of Dubuque 1977 Curb Replacement Project 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 cost and expense of the said im- provements be paid for from the Com. 0 # munity Development Fund 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 45 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 20th day of June, 1977 Emil Stackis Mayor James E. Brady Walter A. Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. May 18, 1977 To the Honorable Mayor and City Council I hereby submit the plans and specifications for the Pedestrian Curb Ramps. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 231-77 Preliminary Estimate, to the amount of $14,676.88, for construction of Pedes- trian Curb Ramps, presented and read. Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 232-77 WHEREAS, proposed plans, Special Session, June 20, 1977 323 pecifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of Pedestrian Curb Ramps. 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 shall be paid from the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June, 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Ordering Construction) RESOLUTION NO. 233-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 232-77 which was duly passed by this Council for the construction of Pedestrian Curb Ramps 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 con• structed in accordance with the plans and specifications heretofore adopted and nom, 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 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 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Ptegler, Tully, Wertzberger. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 234-77 WHEREAS, the City Council of the Citv 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 Pedes. trian Curb Ramps. BE IT THEREFORE RESOLVED that on the 5th day of July, 1977, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the eCity lark be and he is hereby lace of such notice of the time and p hearing to be published in some new- whch will bee not he City less than Dubuque nor more than twenty days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise 324 Session, June 20, 1977 for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption John Andresen John Andresen Aquinas Institute of Theology Carl N. Brant JoAnn Klauer-Pamela Schurbon Clark Oil & Refining Corporation Corner Tap Ltd. C. K. of Dubuque, Inc. Dubuque Municipal Airport Vivian Heinz Hartig Drug Company Hartig Drug Company Hartig Drug Company Hartig Drug Company Iowa Inn Donald Kies John Mihalakis Beverly R. Miller Montgomery Ward Co. Richard O'Hara of the Resolution. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 235-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. Kennedy Mall 229 8th St. 2570 Asbury Rd. 2600 Central Ave. 11th & Jackson St. 1105 Dodge St. 2093 Washington St. 3187 University Ave. Highway US 61 So. 3301 Pennsylvania Ave. 700 Town Clock Plaza 97 Locust St. 2255 J.F.K. Rd. 2225 Central Ave. 125 W. 9th St. 2620 University Ave. 2095 Kerper Blvd. 260 Southern Ave. 555 J.F.K. Rd. 70 So. Locust St. Ruth Oxberger & Roger Piekenbrock 504 Bluff St. R & S Enterprises 485 Central Ave. Patricia Revelle 2776 Jackson St. Sally Jo Roy 400 Central Ave. Pete Sfikas 401 Central Ave. Thompson's Food Markets, Inc. Oky Doky =6 1250 Iowa St. Thompson's Food Markets, Inc. Oky Doky =9 51 W. 32nd St. Thompson's Food Markets, Inc. Oky Doky = 15 1545 So. Grandview Ave. Will Co. Inc. Oky Doky -1 10 805 W. 5th St. American Legion Dubuque Post 46 1306 Delhi St. Paul E. Anthony 1185 Dodge St. Virginia Ann Baker 3345 Hillcrest Rd. Jack Bastian 253 Main St. William C. Brown Publishing 2460 Kerper Blvd. Richard B. Winsor Bunker Hill Rd. Mike Clark 1322 Central Ave. Donut Hut Ltd. 2900 Central Ave. Donut Hut Ltd. 1555 J.F.K. Rd. Dubuque Mining Co. Kennedy Mall Marco Giunta 2022 Central Ave. James Kachevas 665 Dodge St. Knights of Columbus 781 Locust St, Larry Kratzer 2417 Rhomberg Ave. James Lange 2600 Dodge St. Thelma Lenstra 410 W. 8th St. Ramada Inn Randall's Foodarama Randall's Foodarama Rita Schueller Jack Siefker Francis J. Shanahan Steve Smith Stampfer's Dept. Stor Sunny Crest Manor Tail n Ale of Dubuque Special Session, June 20, 1977 U.S. 20 at Mercer Dr. 2600 Dodge St. x 2 2013 Central Ave. Town Clock Plaza 1081 University Ave. 2501 Rhomberg Ave. 1105 University Ave. e Town Clock Plaza 2375 Roosevelt 2560 Dodge St. Village Inn Restaurant 1940 J.F.K. Rd. Mary J. Vreeland 1298 Main St. Woolworth's Store Kennedy Mall A. Y. McDonald Mfg. Co. 12th & Pine Sts. Thomas M. Astgen 1101 Rhomberg Ave. Marie Becker 206 W. 3rd St. Crane Enterprises, Inc. Asbury Sq. Creslanes Bowling, Inc. 255 So. Main St. Rudolph Dittmar 1646 Asbury Rd. Dodge House Motel 701 Dodge St. Melvin L. Donovan 1876 Central Ave. Melvin A. Spiegelhalter 10291/2 Main St. J. D. Dunbar 504 Central Ave. Victorina Ellis 120 W. 4th St. Robert C. Ender 2098 Central Ave. Ken Fenelon Finer Foods Restaurant, Inc. 3130 Jackson St. Mary K. Ford 1027 Rhomberg Ave. Lorraine A. Fransen 1100 Lincoln Ave. Peter J. Oeth-Dennis Slowey 703 Dodge St. LaVern Hennen 3300 Asbury Rd. Clarence R. Jones 1618 Central Ave. Marc's Big Boy -Dubuque Plaza 20 Catherine M. Meyer 530 E. 22nd St. Miller, Neil, Inc. 629 Rhomberg Ave. Mr. Steak x 121 2660 Dodge St. Groves-Kelco, Inc. 1920 Elm St. Joseph Polfer 2612 Dodge St. Regal 8 Inn 2680 Dodge St. John L. Savary 827 Dodge St. Kayla Smith -Karen Ohnesorge 2186 Central Ave. Kenneth Stecklein 2480 University Ave. Richard H. Tigges 1701 Asbury Rd. Trausch Baking Company 25 Main St. 2050 University Ave. University of Dubuque 590 Clarke Dr. Carl Van Duelman 1980 University Ave. Thomas E. Andresen 351 Dodge St. Daniel W. Bauer 2995 Central Ave. William J. Baum 113 Main St. Gary L. Bleile 200 Main St. Design Center Inc. Fischer Bldg. Design Center Inc. Dubuque Golf & Country Club Randall PI. 880 Locust St. Fischer Bowling Lanes 2327 Central Ave. Lorraine Gordon 1050 University Ave. Ralph J. Grabow The Great Atlantic & Pacific Tea Co., Inc. Asburyd JoTerIncorporated 3133 st St. 2616 Windsor Ave. Bar X Bar X Inc. 709 University Ave. Heron, Inc. David H. Hoffman -William J. Dix 450 W. Locust St. 1481 Dodge St. Iowa Oil Company 325 326 Special Session, June 20, 1977 Gerald C. Kirchberg Elizabeth Krajnovich Kenneth J. Love Merlin Morett Paul Schollmeyer Wareco System of Iowa Chuck N. Wong Benevolent and Protective Order of Elk's Robert Broughton Josephine A. Burke Carousel Snack Bar Rita Clancy Clarke College Dubuque Marina, Inc. Fraternal Order of Eagles x568 Donna Ginter John and Patrick O'Hara Junnie's & Chuck's Sport Center K -Mart Store =4018 KWICK Foods Texaco Station William H. Lammer Jim McIntyre Joyce L. Moeller Gary Neilson -Dwaine Bowman Nachtman Tire Co. Donald Plumlev Roshek's Dept. Store Donald Sand Supermarket Corp. Taco John =3 Lona's Inc. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 236-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE 17' 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. 3203 Jackson St. 481 locust St. 802 Central Ave. 3198 Central Ave. 176 Locust St. 700 Rhomberg Ave. 378 Main St. 2699 J.F.K. Rd. 205 Locust St. 1445 Central Ave. 555 J.F.K. Rd. 201 E. 22nd St. 1550 Clarke Dr. New City Harbor 1175 Century Dr. 342 Main St. 855 Century Dr. 2095 Kerper Blvd. 2600 Dodge St. 1075 Dodge St. 2336 Central Ave. 500 Rhomberg Ave. 1604 Central Ave. 841 Central Ave. 7th & Bluff St. 5th & Locust Sts. Kennedy Mall 2364 Washington St. 1101 Central Ave. 1215 Dodge St. 620 E. 16th St. CLASS "B" BEER PERMIT Catherine M. Meyer. San Last 22nd St. CLASS "C" BEER PERMIT Vivian M. Heinz, 3301 Pennsylvania Ave. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 237-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- Session, June 20, 1977 id 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 Citv of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Catherine M. Meyer, 530 East 22nd St. CLASS "B" BEER PERMIT Vivian M. Heinz, 3301 Pennsylvania Ave. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 238-77 WEHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERICAL) BEER AND LIOUOR LICENSE Creslanes Bowling, Inc_, (Also Sunday Sales), 255 South Main St. Donna M. Ginter, (Also Sunday Sales), 342 Main St. Heron Inc., 709 University Ave. Elizabeth Krajnovich, 481 Locust St. Eugene Arthur Otting, 1689 Elm St. Thelma Paradiso, 3050 Asbury Rd. Dolores Roeth, 600 Central Ave. Donald T. Sand, 2364 Washington St. John L. Savary, 827 Dodge St. Paul Schollmeyer, 176 Locust St. Melvin A. Spiegelhalter, 10291/2 Main St. Barney Willenborg, 1311 Rhomberg Ave. 327 Ron Blakeman, 1046 Central Ave. JoTer Incorporated, (Also Sunday Sales), 35 Locust St. Tail -n -Ale of Dubuque Inc., (Also Sun- day Sales), 2560 Dodge St. Passed, adopted and approved this 20th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 239-77 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 1T 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" (COMMERICAL) BEER AND LIQUOR LICENSE Creslanes Bowling, Inc. (Also Sunday Sales), 255 South Main St. Donna M. Ginter, (Also Sunday Sales), 342 Main St. Heron Inc., 709 University Ave. Elizabeth Krajnovich, 481 Locust St. Eugene Arthur Otting, 1689 Elm St. Thelma Paradiso, 3050 Asbury Rd. Dolores Roeth, 600 Central Ave. John L. Savary, 827 Dodge St. Paul Schollmeyer, 176 Locust St. Melvin A. Spiegelhalter, 1029'/2 Main St. Barney Willenborg, 1311 Rhomberg Ave. Ron Blakeman, 1046 Central Ave. JoTer Incorporated, 35 Locust St. Tail -n -Ale of Dubuque Inc., 2560 Dodge St. Donald T. Sand, 2364 Washington St. Passed, adopted and approved this 328 1 Session, June 20, 1977 20th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of the City Council, addressed to Patricia Roberts Harris Secy U.S. Department of Housing and Urban Development in Washington requesting a review of the low F r Market Rental Rate allowed unde ec tion S existing housing program fisting in Dubuque, presented and read. Coun- cilman Pregler moved that the com- munication be approved for dispostion. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. There being no further business, Councilman Pregler moved to adjourn the meeting to July 5, 1977 at 7:30 P.M. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved November 21,1977^ Adopted November 1 Special Session, June 29, 1977 329 CITY COUNCIL OFFICIAL Special Session, June 29,1977 Council met at 4:15 P.M. (C.D.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this meeting is called for the pur- pose of considering; A Resolution Auth- orizing the Execution of an Agreement with the C.M.ST.P. and P.R.R. Co. and Iowa Dot for reconstruction of Railroad crossings on 14th and 15 and 16th streets and acting upon such other bu- siness as may properly come before a regular meeting of the Council. June 24, 1977 To the Honorable Mayor and City Council The Iowa Department of Transporta- tion is sponsoring a program of railroad crossing improvements throughout Iowa. The program is financed one- third by the Department of Transporta- tion, one-third by the respective rail- road, and one third by the individual City. We would propose to reconstruct the crossings at 14, 15th and 16th Streets under the program. The Chicago, Mil- waukee, St. Paul and Pacific Railroad has two rails at these crossings, the Chicago and Northwestern Transporta- tion Company has three rails. We have made application to 1DOT and the rail- roads for their participation in the pro- gram. We have received favorable re- sponse from the Chicago Milwaukee, however, it looks as if the Northwestern will not be participating in the program. The cost of the track reconstruction at the three locations would be $85,206 the City's share being $28,402. This would include the entire replacement of the crossings with new rail, ties and asphalt surfacing. Since there is a July 1, 1977 cutoff on the funding of the program, it is neces- sary that the agreements be signed at the June 29, 1977 Council Meeting. I would recommend that we proceed with the program as outlined. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO.245-77 Resolution authorizing the execution of an agreement with the Chicago Mil- waukee, St. Paul and Pacific Railroad Company and the Iowa Department of Transportation relating to the recon- struction of the railroad crossings on 16th Street 15th Street and 14th Street. BE IT RESOLVED that Mayor and City Clerk be and they are hereby auth- orized and directed to execute the afor- ementioned agreement. Passed, approved and adopted this 29th day of .lune, 1977 Emil Stackis Mavor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis , Councilmen Pregler, Tully, Wertzberger. Nays — Councilman Brady. Councilman Pregler moved that the City Manager and City Solicitor be dir- ected to investigate possiblity of recouping the City share of $28,402 after completion of reconstruction of the track project. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Application for a Class B Beer Permit for Triangle Investments Inc. d/b/a Godfather's Pizza was presented. Councilman Pregler moved that action on the application be tabled until the meeting of July 5, 1977. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 244-77 WHEREAS, the Dubuque Airport Commission and the Tri-State Fhte Ser- vices, Inc. have entered into a written lease agreement for the leasing of a certain portion of airport property; and WHEREAS, said term of lease iwhich n excess of three years, a copy of is hereto attached, marked Exhibit "A"; and 330 Session, June 29, 1977 WHEREAS, the Airport Commission has published notice of intent to enter into said lease in accordance with sta- tute in the Telegraph -Herald, a New- spaper of general curculation published in the City of Dubuque. Iowa; and WHEREAS, said public hearing was held on June 23, pursuant to said notice in the City of Dubuque, Iowa and that no objections were registered against said proposal to enter into said lease; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Lease Agreement by and between the Dubuque Airport Commission and the Tri-State Flite Ser- vices, Inc. dated June 23, 1977 be and the same is hereby approved and ratified. Passed, approved and adopted this 29th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. At 5:05 P.M. Councilman Pregler moved to go into executive session for the purpose of appointing citizens to various Boards and Commissions. Seconded by Mayor Stackis. Carried by the following vote: Year — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Council reconvened in regular ses on at 6:06 P.M. Councilman Pregler moved the fol- lowing appointments; Rehabilition Commission Wm. Hammel and Ed Rosenow; Area "C" Development Study Commission Richard Wertzberger: Community Development Commission Ron Hahlen; Airport Zoning Commis- sion reappointment to six year terms Harry Chambers and Robert Waller; to 5-14-83; Advisory commission for three year terms Helen Spielman and Lynn Beauchamp to 6-1-1980; Library Board Rev. Karl Schroeder to 7-1.83, Leland Stocker to 7-1-83, Mrs. Fred Rutan to 7-1.83 all six year terms to replace Robert G. Holscher, Ken Pease, and Mrs. Mabel Hoffmann respectively; Five Flags Commission Phil Kelly and Mer- Ivn Pierce for 1 year terms and Dave Bonnett, Vaughn Gayman and R.H. Wahlert to 2 year terms; Recreation Commission reappoint Paul Russo for a three year term to 7-5-80; TV Cable Commission Rex Reynolds, Gary Haverland, Charles Ellis, James Renier, Thomas Faulkner, Don Allendorf, Wm. Alfredo, Don Abitz; Historical Preser- vation Commission George Biasi, Louis Kirkwood, Martha Lundh, Paul Ros- siter, Tom Reilly, Charlotte Solomon, Mike Pratt. Seconded by Councilman, Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved November 211977 Adopted Nogemlle 211 .w , .............................. Clerk Regular Session, July 4. 1977 331 CITY COUNCIL Regular Session, July 4, 1977. There being no members present, the Meeting was adjourned subject to call. J Approved January 16 11p977 Adopted _muRr City Clerk 330 Special Session, June 29, 1977 WHEREAS, the Airport Commission has published notice of intent to enter into said lease in accordance with sta. tute in the Telegraph -Herald, a New- spaper of general curculation published in the City of Dubuque, Iowa; and WHEREAS, said public hearing was held on June 23, pursuant to said notice in the City of Dubuque, Iowa and that no objections were registered against said proposal to enter into said lease; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the Citv of Dubuque, Iowa: Section 1. That the Lease Agreement by and between the Dubuque Airport Commission and the Tri-State Flite Ser- vices. Inc. dated June 23. 1977 be and the same is hereby approved and ratified. Passed. approved and adopted this 29th day of June, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tullv, Wertzberger. Nays — None. At 5:05 P.M. Councilman Pregler moved to go into executive session for the purpose of appointing citizens to various Boards and Commissions. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Council reconvened in regular ses on at 6:06 P.M. Councilman Pregler moved the fol- lowing appointments; Rehabilition Commission Wm. Hammel and Ed Rosenow; Area "C" Development Study Commission Richard Wertzberger: Community Development Commission Ron Hahlen; Airport Zoning Commis- sion reappointment to six year terms Harry Chambers and Robert Waller; to 5-14.83; Advisory commission for three year terms Helen Spielman and Lynn Beauchamp to 6-1-1980; Library Board Rev. Karl Schroeder to 7.1-83, Leland Stocker to 7-1.83. Mrs. Fred Rutan to 7-1-83 all six year terms to replace Robert G. Holscher, Ken Pease, and Mrs. Mabel Hoffmann respectively: Five Flags Commission Phil Kelly and Mer- lyn Pierce for 1 year terms and Dave Bonnett, Vaughn Gayman and R.H. Wahlert to 2 year terms; Recreation Commission reappoint Paul Russo for a three year term to 7-5-80; TV Cable Commission Rex Reynolds, Gary Haverland. Charles Ellis. James Renier, Thomas Faulkner, Don Allendorf, Wm. Alfredo, Don Abitz: Historical Preser- vation Commission George Biasi. Louis Kirkwood, Martha Lundh, Paul Ros- siter. Tom Reilly. Charlotte Solomon, Mike Pratt. Seconded by Councilman, Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Tully. Wertzberger. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, Tullv. Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved November 21,1977 Adopted November' 2 197:" L i ; v Clerk Regular Session, July 4, 1977 331 CITY COUNCIL Regular Session, July 4, 1977. There being no members present, the Meeting was adjourned subject to Approved Januar,j lb 197Q Adopted, U$ry\ FJ ! 7' Co ned-1. -iamb rs C MA Al City Clerk 332 Adjourned Regular Session, ,July 5, 1977 CITY COUNCIL OFFICIAL Adjourned Regular Session, July 5, 1977. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated this Meeting is an adjourned meeting of the REGULAR MEETING OF JULY 4, 1977 and also of the Meeting of June 20, 1977 called for the purpose of Initating Bond Proceedings and acting upon such other business as may properh come before the Meeting. Invocation was given by Reverend Lee Peterson, Pastor of First Baptist Church. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of June 16, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Planning and Zoning Commission submitting min- utes of their meeting of .lune 22, 1977 presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Airport Commis- sion submitting minutes of their meet- ing of June 9., 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Playground and Recreation Commission submitting minutes of their meetings of May 24 and June 13, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Commis- sion submittting minutes of their meet- ing of June 21, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of June 14,1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of June 28, 1977, pre- sented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of State Department of Health submitting imspection report on San Jose Swimming Pool, presented and read. Councilman Tully moved that the report be received and filed and referred to the Recreation Dept. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communications of Iowa D.E.Q sub- mitting water construction permits for Equestrian Heights, Highland Park Estates and Arbor Oaks Block 7, pre- sented and read. Councilman Tully moved that the communications be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Mrs. Merl Adams requesting that only Dubuque based organizations will be able to solicit funds in the future as the result of a disturbing incident while soliciting, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Mrs. Kathryn O'Brien objecting to the raising of parking fees, presented and read. Coun- Regular Session, July 5, 1977 333 cilman Tully moved that the commun- ication be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Communication of Ida E. Bahl ob. jecting to the raising of parking fees, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Communication of Mrs. Lucy Oster - haus suggesting to take the busses off in the nightime and inauguate service on Sunday, presented and read. Council- man Tully moved that the communica- tion be received and filed and referred to Keyline. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Mrs. Glen Udel- hofen requesting to voice her objection to the method used in granting Area Residential Care a conditional use per- mit on Broadway, presented and read. Councilman Pregler moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mr. Udelhofen of 2417 Broadway stated no rights as, individual citizens; Just asking to be heard: Council should be made aware of action of Zoning Board. Councilman Pregler moved that the communication of Mrs. Udelhofen be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Municipal Government Reorganization Task Force requesting time to present their conclusions and recommendations, pre- sented and read. William D. Wood, Chairman of Task Force, addressed the Council relative to findings. Recommending Group depart- ment; Manager should have more man- ageable control; City should define Manager's duties and department heads; City should develop on an ongo- ing status. Councilman Wertzberger moved that the communication be received and filed and referred to Council, also requesting report back on Gruen Report and referred to the City Manager for his reaction and a Work Session to be scheduled in August. Seconded by Councilman Tully. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication Vincent H. Roling and Wm. Jenni citing the heavy damag- ing conditions on their property due to construction in the area receiving no relief after repeated efforts, presented and read. Vincent Roling of 3280 Pennsylvania Ave. and Wm. Jenni of 2985 University spoke to Council relative to the com- munication stating water problem is from Long John Silver property: Ques- tioning why water is being dumped on their property: Request water be diverted; Stated City wants an easement. Councilman Pregler moved that the communication be referred to the City Solicitor, City Manager and Staff for investigation and report back to Coun- cil by 1st meeting in August. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Teleprompter submitting financial statements for the year ending December 31, 1976, pre- sented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmaen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Conticarriers and Terminals Inc. exercising their option to extend the term of their lease dated July 25, 1962 to July 24, 1982, presented and read. Councilman Pregler moved that the lease be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Proof of publication, certified to by the Publisher, of Public Notice indicat- ing the City has requested a release of funds under Title 1 of the Housing and Community Development Act for removal of architectural barriers for an Adult Care Center, presented and read. 334 Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 28, 1977 Honorable Mayor and City Council 1 am returning to you the petition of Robert D. Klauer about the condition of Lawndale Street due to construction equipment moving on it. 1 am enclosing a letter from City En- gineer describing situation and indicat- ing the repair of the street. Also en- closed is Mr. Koch's letter stating that he has talked to the petitioner. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 24, 1977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director. Water Superintendent, Health Department, as well as a list of claims paid, for the month of May, 1977 Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 27, 1977 Honorable Mayor and City Council 1 am returning to you the petition of the University of Dubuque to install direction signs at several locations in the city. This petition was referred to the Manager and Traffic Committee on March 21st. 1 am also attaching a copy of a letter from Mr. Cliff Gold, dated June 14th questioning whether or not the petition had been reported back to Council. The petition was considered and rejected by the Traffic Committee on March 24th and 1 thought this recommendation had been sent to Council. I cannot, how- Session, July 5, 1977 ever, find any written record to sub- stantiate this. We have informed Mr. Gold about the unfavorable opinion of the Traffic Committee and that the pe- tition was being returned to Council on July 5. 1 recommend that the petition be denied and in explanation have at- tached a letter from Chief O'Brien. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of denial be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 28. 1977 The Honorable Mayor and Members of the City Council. We have approved the following sidewalk Construction Bond and desire to have your approval for riling of same. G -K Corporation d/b/a Powers Con- struction Co., Aid Insurance Company, Bond No. BD 36728 effective 05-24-77. Gilbert D. Chavanelle City Manager Councilman Pregler moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 28, 1977 Honorable Mayor and City Council It is my understanding that the at- tached petition from Mrs. Darlene Gavin will be submitted to the City Council on July 5th. It was originally presented by the petitioner for the Council meeting of June 20th but was withdrawn with indication that it would be submitted at a later date. In explanation of this incident 1 have attached a copy of a letter received from Art Roth and records of the two animals involved. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Adjourned Regular Session, July 5, 1977 335 June 27, 1977 Honorable Mayor and City Council The Planning and Zoning Commis. sion has considered requests of Ms. Pat Klossner for an appropriate zoning amendment to permit her to use property at 2625 John F. Kennedy Road for a beauty salon. This property is presently within an OR -1 Office -Re- sidential District and contains a single family home lying immediately north of the Power Lawn and Garden Equipment establishment. Ms. Klossner had requested either that the property be reclassified to a Commercial (C) District to nermit beauty salon occupancy, or that the uses permited in the OR -1 Office Re- sidential District be expanded to in- clude beauticians or cosmetologists. The Planning and Zoning Commis- sion has considered requests for com- mercial zoining in that vicinity in 1969, 1971, and 1973. It has been consistently held that expansion of commerical uses at that location would be desirable, and the request for such reclassification was again ruled inappropriate. The Commission has also considered the proposal to expand the list of uses permitted in the OR -1 District. It was determined that any effort to expand those uses to include beauticians or cosmetologists would demand equal consideration of the inclusion of other - personal services, repair services, and like uses, and that the existing OR- I Districts were not well adapted to a broadened range of uses because of their proximity to low-density residen- tial areas. Therefore, the further consideration of her request was denied on a split decision. By this action, the Planning and Zoning Commission has recom- mended that you concur in the denial of this petition. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Attorney Donald Brietbach on behalf of Mrs. Pat Klossner addressed the Council stating property is zoned OR - l; Klossner area is predominantly non-re- sidential; Advising of split decision at Planning and Zoning Meeing Meeting. Councilman Pregler moved that the communication of Planning and Zoning be referred back to the Planning and Zoning Commission. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — Councilman Tully. Honorable Mayor June 27, 1977 and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the Petition of Mr. Ronald L. Hixon requesting the extension of an existing Light Industrial District to include property at 2512-14 Elm Street. The property is presently within an R-3 Re- sidential District and is described as Lot 1 of the Sub of Lots 48 and 49 in Bellevue Addition; and Lot 72 in E. Langworthy's Addition of part of Mineral Lot 320. Mr. Hixon's petition was made on behalf of the Dubuque Rifle and Pistol Club, Inc. and was for purposes of establishing a shooting range on a part of that property. It was noted that all of the properties in the adjacent blocks contain re- sidential structures. The Commission determined that the introduction of a nonresidential use would be contrary to an otherwise stable pattern of residen- tial use in the area. The Commission also noted the petitioner's report that he had been unable to obtain consistent support for his proposal from adjacent property owners. Considering these factors, the City of Dubuque Planning and Zoning Com- misssion has voted unanimously that the petition be denied on grounds that the extension of the Light Industrial District is inappropriate in that area. We seek your approval of this recommendation. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Ronald Nixon spoke to the Council stating he was not given any other option. Councilman Tully moved that the recommendation of denial of the Planning and Zoning Commission be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. June 28, 1977 Honorable Mayor and City Council On June 15, 1977, Miss Loretta Howard of 8236 W. Summerdale, Chicago, Illinois forwarded commun- ication to the City of Dubuque notifying that she had suffered a broken leg on 336 Adjourned Regular Session, July 5, 1977 March 23, 1977 as the result of a fall from a curb in this city. This matter was referred to the City Attorney for handling, who has made an investigation thereof and finds no negligible liability on the part of the Citv and in view thereof, recommends that said claim be denied. Original better is returned herewith. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of denial be ap- proved. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of John Leytem, in the amount of $50., for destruction of a portion of fence hit by a police car on June 5, 1977, presented and read. Coun- cilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Wayne V. Hamil- ton, in an estimated amount of $60., for car damage incurred as the result of driving over raised manhole cover in Judson Street on June 21, 1977, present- ed and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Dale S. Newton, in an undertermined amount, for bodily injuries sustained while being incarcer- ated by the local police on May 25, 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Mrs. Richard Jasper, in behalf of Donald Jasper a minor, for personal injuries received by said minor as the result of falling into hot blacktop at 716 E. 22nd St. on June 14, 1977, presented and read. Council- man Wertzberger moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Car. ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of Don Arthofer, in the amount of $150., for car damagesin. curred as the result of driving into recess in the pavement at 2600 Windsor Ave. on June 2, 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Notice of Claim of M. J. Martin, in various estimated amounts, for car damage incurred as the result of being struck by a city sanitation truck on June 15, 1977, while parked at 2267 W. Third St., presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Notice of U.S. Disrtrict Court, as a summons to the City as a third party defendant, by Chicago and Northwes- tern Transportation Co. in the railroad crossing accident case of Agnes and Robert Wagner who sustained person- al injuries, presented and read. Council- man Wertzberger moved that the No. tice be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Notice of Claim of Peter B. Hermes, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk on Burden Avenue on May 23, 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. June 27, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Adjourned Regular Session, July 5, 1977 337 Zoning Commission held a public hear- ing on the petition of C. P. Pfohl requesting expansion of an exisiting C4 General Commercial District to include propertv at the corner of 19th Street anr; Washington Street as shown on u attached vicinity map. In order to ac- complish the expansion of an existing C-4 Commercial District, the Commis- sion found it necessary to include two intervening properties located north of the Pfohl property and these are also shown upon the vicinity map. We have attached a proposed form of ordinance setting forth the legal descriptions of these propert;es. The petition had the support of a representative of the Washington Neighborhood Council and there were no specific objections to the proposed reclassification, although there were persons present to voice their concern for future zoning policies in this vicinity. It was also noted that the Commission's original recommendation on the Wa- shington Street neighborhood petition of 1968 had proposed that business areas north of 18th Street should not have been reclassified to residential use because of commericlal concentration already present in the commercial con- centration already present in that area and because the removal of conforming use status of those businesses could have been more damaging to the area than their continuance. The Supreme Court decision of 1969 had upheld the view for most business properties north of 18th Street but had omitted the Pfohl property, as its owners were not plain- tiffs in the appeal. In view of these considerations, the Planning and Zoning Commission has recommended your approval of the proposed reclassification. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — 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" Lot 1 of Lot 5 of Mineral Lot 100; Lot 2 of Lot 5 of Mineral Lot 100; Lot 6 of Mineral Lot 100; and the South 25 feet of Lot 7 of Mineral Lot 100 all in the City of Dubuque, Iowa" from OR -1 Office -Residential District Clas- sification to C4 General Commercial District Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on August 1, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seocnded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Verbal petition of Councilman Brady requesting to remove stop signs at Kerper and 16th Streets, to make Kerper Blvd. a thru street, was presented. After discussion, Councilman Brady moved that the petition be referred to the City Solicitor. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of American Diabetes Assn. Issn. Inc. requesting permission to con- duct a Bike-A-Thon on September 25, 1977, presented and read. Councilman Pregler moved that the petition be ap- proved subject to final approval of the City Manager. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Yeas Nays — None. Petition of William P. Meyers requesting vacation of the Southerly 150' of Ruth Street located west of Broadway and Southerly off King Street, presented and read. Councilman 338 Adjourned Regular Session, July 5, 1977 Pregler moved that the petition be referred to the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Dubuque Bicycle Club requesting permission to sponsor a bicycle race on September 5, 1977, on streets adjoining Kerper Blvd., present- ed and read. Councilman Pregler moved that the petition be approved subject to Final approval of the Manager. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of James C. Hynes et al (54 signers) requesting the posting of a five -tone gross weight limit on Kelly Lane to curtail the heavy truck traffic, presented and read. Attorney Joseph Zwack and James Hynes spoke to Council relative to peti- tion. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Ryan's Car Wash request- ing a refund of $18.75 on unexpired portion of Class "C" Beer Permit, discontinued business on June 15, 1977, presented and read. Councilman Pre. gler 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 Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for Construc- tion of City of Dubuque 1977 Asphalt Paving Project No. 1, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Statement of City Clerk certifying that notices of hearing were mailed by certified mail on June 13, 1977, to property owners of record subject to assessment to pay for construction of Asphalt Paving Project No. 1, presented and read. Councilman Tully moved that the statement be received and filed. Seconded by Councilman Pregler,.Car. ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Alva Coffman ob- jecting to assessment of Lowell Street due to lack of access, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car. tied by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Communication of Mt. Calvary Cemetery Ass'n. requesting delay of plans to resurface Davis Ave. until it can be widened and further due to possible heavy traffic at this particular time, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Joe Helling et al residents of Lowell Street being in favor of paving program, presented and read. Council- man Tully moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Allen and Kathleen Scheckel objecting to the paving of Davis Avenue, presented and read. Councilman Tully moved that the peti- tion be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Eloise V. Lundin et al ob- jecting to the resurfacing of Cherokee Drive, presented and read. Councilman Tully moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of Gene Sands objecting to the paving of University Ave., presented and read. Councilman Wertzberger moved that the petition be received apd filed. Seconded by Councilman Pregler. Adjourned Regular Session, July 5, 1977 339 Carried by the following vote: Yeas — Mayor Stackis. Councilmen Bradv. Pregler. Tully. Wertzberger. Nays — None. Petition of Merlin .1. and Rose M. Pfeiler objecting to the paving of Davis Ave., presented and read. Councilman Wertzberger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler. Tully. Wertzberger. Nays — None. Petition of Joel R. and Mary J. Glen- non objecting to the paving of Davis Ave.. presented and read. Councilman Wertzberger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays — None. Petition of Ruth Adele Wodrich ob- jecting to the paving of Wilbur Street presented and read. Councilman Wertzberger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. Petition of Thomas J. and Ruth E. O'Malley. by Attorney Donald Breit- bach, objecting to the paving of Wilbur Street. presented and read. Councilman Wertzberger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Petition of James Weber, not object- ing to the surfacing, however objecting to taking 4' from the south side of University Ave. for total widening, pre- sented and read. Councilman Wertz- berger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Joe Vandermillen and Dick Eddy voiced objections to paving of Cherokee Drive Councilman Pregler moved that Cherokee Drive from the S.P.L. of Ma- rion Street to the south end of the street to be retained in the 1977 Asphalt Pav- ing Project No. I Program. Seconded by Councilman Tully Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. Councilman Pregler moved that Davis Avenue from the W.P.L. of Lot 1-1.2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2-3 Balance 3 of St. Francis Subdivision be removed from the 1977 Asphalt Paving Project No. 1 Program. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. .lames Schwarz, property owner on Klingenberg Terrace objected to paving of Lowell Street due to no access to Lowell Street. Councilman Wertzberger moved that Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main Street be retained in the 1977 Asphalt Paving Project No. I Program. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Gene Sands of Pennsylvania Ave. and James Weber of University Ave., voiced objections to the paving of University Ave. Mayor Stackis moved that University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition be retained in the 1977 Asphalt Paving Project No. 1 Program. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays — None. Attorney Donald Breitbach repre- senting Mr. and Mrs. O'Malley voiced objections to paving of Wilbur Street stating no access to Street; No special benefits conferred. Ruth Wodrich ob- jected to the paving of Wilbur Street. Mayor Stackis moved to retain Wil- bur Street from E.P.L. of Spruce Street to the E.P.L. of Grove Terrace in the 1977 Asphalt Paving Project No. 1 Pro- gram. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Councilman Tully moved that each and all objections to the 1977 Street Program be overruled. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman 340 Adjourned Regular Session, Jule Vii. 1977 Brady. Pregler. Tully, Wertzberger. Nays — None Resolution No. 245-77 RESOLUTION amending Resolution No. 198-77 BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Seetlon 1. That Resolution No. 198.77 being the Resolution of Necessity for the City of Dubuque 1977 Asphalt Pav- ing Project No. 1, be and the same is hereby amended by deleting the follow- ing portions of the following named streets therefrom: Davis Avenue from the W.P.L. of Lot 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2-3 Balance 3 of St. Francis Sub. Passed, adopted and approved this 5th day of July, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Nscosalty for Improvement) RESOLUTION NO. 198-77 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, if any 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 DUSUOUE 1977 ASPHALT PAVING PROJECT NO. 1 I. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Eagle Point Park Roadway from the "Log Cabin" to the 'Tri-State View". 4. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 5. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 6. Roosevelt Road from the N.P.L. of Lot 6 of Peils Subdivision to the N.P.L. of Lot 2-2-25 of Mineral Lot 307A. 7. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 8. Wilbur Street from the E.P.L. of Spruce Street to the E.P.L. of Grove Terrace. 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 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 on is adjacent thereto according to area and to in proportion to the special ben- efits conferred thereby, and any deficency 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 contract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway Dortion of any street or assessment distr be assessed to and paid by the company. The above resolution was intr approved and ordered placed Adjourned Regular Session, July 5, 1977 341 with the City Clerk this 6th day of .lune, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST Leo F. Frommelt City Clerk Councilman Tully moved final adop- tion of the resolution as Amended. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 246-77 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUOUE 1977 ASPHALT PAVING PJECT NO. 1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 4. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 5. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 6. Roosevelt Road from the N.P.L. of Lot 6 of Peils Subdivision to the N.P.L. of Lot 2.2.5 of Mineral Lot 307A. 7. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 8. Wilbur Street from the E.P.L. of Spruce Street to the E.P.L. of Grove Terrace. have been approved by the Citv Council of the City of Dubuque and public notice given as provided by Chapter 384.96 of the Code of Iowa, 1977, pertaining to public contacts 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 5th day of July, 1977; and WHEREAS, the City Council met in regular session this 5th day of July, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein 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 Council of the City of Dubuque, that all objections which have been made Liud 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 overuled 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 5th day of July, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Ordering Constructlon) RESOLUTION NO. 247-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Dubuque that pursuant to a resolution of neces- sitv No. 198-77 which was duly passed by this Council, for the CITY OF DUBUQUE 1977 ASPHALT PAVING PROJECT NO.1 1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 342 ar Session, July 5, 1977 4. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 5. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 6. Roosevelt Road from the N.P.L. of Lot 6 of Peils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307A. 7. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 8. Wilbur Street from the E.P.L. of Spruce Street to the E.P.L. of Grove Terrace. 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 plats 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- provements be paid by levying special assessments against the privately owned property lying within the asses- sable distance from the improvements. 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 Road Use Tax Fund. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in an- ticipation of deferred payments of as- sessments 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 anddirected 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 5th day of July, 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 Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Necessity for construction of Pedestrian Curb Ramps, 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 Pregler moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 232-77 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: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of Pedestrain Curb Ramps. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, 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 shall be paid out of the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the Adjourned Regular Session, July 5, 1977 343 City Council this 5th day of July, 1977 Emil Stackis Mayor Thomas A. Tully .Ir. Richard Wertzherger ,lames E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt Citv Clerk Councilman Pregler moved final adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays — None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 248-77 WHEREAS, proposed plans and specifications and form of contract for the construction of Pedestrian Curb Ramps have been approved by the City Council of the City of Dubuque and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 5th day of July, 1977; and WHEREAS, the City Council met in adjourned regular session this 5th day of July, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE 1T RESOLVED BY THE City Council 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, specfications 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 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construc- tion of City of Dubuque 1977 Curb Re- placement Project, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. (Necessity for Improvement) RESOLUTION NO. 228-77 WHEREAS, proposed plans, specifications, form or 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 streets to be improved. 2. The length of curb improvements. 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. for the City of Dubuque 1977 Curb Replacement Project. 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 improvements shall be con- 344 Adjourned Regular Session, J structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been app y the City Council and are now on file with the City Clerk. That the Cost and expense of making said improvement will be paid out of the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved final adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Decision of Council upon objections to plans, specifications, form of contract and cost of Improvements RESOLUTION NO. 249-77 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1977 Curb Re- placement Project have been approved by the City Council of the City of Dubuque 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 5th day of July, 1977; and WHEREAS, the City Council met in adjourned regular session this 5th day of July, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to bE made; and WHEREAS, all interested partie! have been given an opportunity to bE heard and all objections which havt been duly weighed and considered; now therefore 5, 1977 BE IT RESOLVED BY THE City Council 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 faun 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 connections with said improvement. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seocnded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to contractors for the construction of Alta Vista Curb and Gutter Replacement Project from Kirkwood Street to Vernon Street, pre- sented and read. Councilman Wertz- berger moved that the proof of publica- tion be received and filed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 28, 1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m.. D.S.T.. Tuesday, June 28. 1977 for the Alta Vista Street Curb and Gutter Re. placement Project from Kirkwood Street to Vernon Street. The lowest bid was entered by Patrick T. O'Dowd Construction Company of Dubuque, Iowa. His bid was for 311,517.70 which is 11.9% under the engineer's estimate. I recommend that the contract be Adjourned Regular Session, July 5, 1977 345 awarded to Patrick T. O'Dowd Con- struction Company_ Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger Nays — None. (Awarding Contract) RESOLUTION NO. 250-77 WHEREAS, sealed proposals have been submitted by contractors for the Alta Vista Street Curb and Gutter Re- placement Project from Kirkwood Street to Vernon Street pursuant to Resolution No. 193-77 and to notice to bidders published in a newspaper pub- lished in said City on June 6.1977; and WHEREAS, said sealed proposals were opened and read on June 28, 1977, and it has been determined that the bid of Patrick T. O'Dowd Construction Company of Dubuque, Iowa in the amount of $11,517.70 was the lowest bid for the furnishing of all labor and ma- terials 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 Patrick T. O'Dowd Construction Company and the Manager be and he is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the complete per- formance 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 5th day of July, 1977. Emil Stackis Mavor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger mimed adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Honorable Mayor and July I, 1977 City Council In accordance with my letter of June 8, 1977, the enclosed resolution for ap- proval of the City of Dubuque, 1976/77 fiscal year audit is submitted for your approval G.D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and approved. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 251-77 A Resolution for Approval of the City of Dubuque. Iowa Financial Audit for the Fiscal Year Beginning July 1, 1976 through June 30, 1977, WHEREAS, Chapter 11, Section 11.18, 1977 Code of Iowa provides that the financial condition 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 Water Utility, Parking and Sewage Facilities, for the fiscal period beginning July 1, 1976 through June 30.1977; BE IT FURTHER RESOLVED that the Auditor of State be requested to examine the financial condition and transactions for all other city funds and official transactions, including audits for Federal Revenue Sharing and Federal Anti Fiscal Assistance Funds, for the fiscal period beginning July 1, 1976 through June 30. 1977. Passed, adopted and approved this 5th day of July. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 346 Adjourned Regular Session, July 5, 1977 ATTEST: Leo F. Frommeh City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady. Pre.gler, Tully, Wertzberger. Nays — None. Communication of Planning and Zoning Commission submitting proposed plat of Lots 1 and 2 of Lot 2 of Lot 2 of 2 of Asbury Springs Sub. No. I, allowing for a lot split and A RESOLU- TION Approving the plat of Lot 1 and Lot 2 of 2 of 2 of 2 of Asbury Springs No. I subject to owner agreeing to aspecial agreement, presented and read. Coun- cilman Wertzberger moved that the communication and resolution be referred to the City Solicitor. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of meeting for issuance of parking facilities revenue bonds 1977 Series, presented and read. No written objections were filed and no oral objectors were presented in Coun- cil Chamber at the time set for the hearing. Mayor Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays — None. RESOLUTION NO. 252-77 A Resolution authorizing and provid- ing for the issuance and securing the payment of $850,000 Parking Facilities Revenue Bonds. 1977 Series, of the City of Dubuque, Iowa. under the provisions of Sec- tions 384.80 et seq. of the Code of Iowa, as amended, for the purpose of defraying the cost of acquiring additional off-street motor vehicle parking facilities in and for said City. WHEREAS the City of Dubuque, in Dubuque County, Iowa, has heretofore established a system of public motor vehicle parking facilities in said Cit, consisting of both on -street parking meters and off -street parking facilities and has established regulations for the use and operation thereof in order to properly regulate and control traffic upon the congested streets within said City; and WHEREAS in order to expand and improve said system of public motor vehicle parking facilities Parking Facilities Revenue Bonds of said Citv were heretofore issued under date of .lune 1. 1964. of which bonds in the amount of $900.000 are now outstand- ing, numbered 71 to 250, inclusive, bearing various rates of interest and maturing serially on January 1 of each of the respective years 1978 to 1994. inclusive, and Parking Facilities Reven- ue Bonds. 1968 Series. of said City were heretofore issued under date of Januar% 1. 1969, of which bonds in the amount of $515,000 are now outstanding, num- bered 18 to 120. inclusive, bearing inter- est at the rate of Five per cent (5%) per annum, and maturing serially on Jan- uary I of each of the respective years 1978 to 19%. inclusive, and in and by the proceedings authorizing the issuance of said outstanding bonds, and as recited on the face of each of said bonds, the right was reserved to the City to from time to time authorize and issue addi- tional parking facilities revenue bonds ranking on parity with the bonds ther- ein authorized under certain conditions and restrictions; and WHEREAS there are no other bonds or obligations now outstanding which are payable from or constitute a lien upon the net revenues of said parking system and the conditions and restric- tions with respect to the issuance of additional bonds ranking on a parity with said outstanding bonds as set forth in the proceedings authorizing their issuance can now be met so that the bonds hereinafter authorized to he is- sued may rank on a parity therewith; and WHEREAS the location and physical characteristics of the business area, together with the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sections of said City. thus preventing the free circulation of traffic in, through and from said City, impeding the rapid and effective han- dling of fires and operation of police forces and endangering the health. safety and welfare of the general public; and WHEREAS it has been heretofore found and determined that public con- cenience and necessity will be served by adding it), extending and improving said system of public motor vehicle parking facilities as contemplated and recommended by reports prepared by De Leuw, Cather and Company. Con- sulting Engineers, now on file with the Adjourned Regular Session, July 5, 1977 347 City Clerk, and consisting of con- structing an addition to the Iowa Street Parking Ramp in the business district of the City to accomo- date more cars: and WHEREAS traffic conditions upon the streets of said City are such as to necessitate and require for the public benefit. safety and convenience of said City and its inhabitants that said ramp addition be constructed, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said City he alleviated and properly controlled; and WHEREAS the system of public mo- tor vehicle parking facilities of said City constitutes a "City enterprise" within the meaning of Sections 384.24 and 384.80 et seq. of the Code of Iowa, 1975, as amended, and the extension and im- provement of said system through the construction of the addition to the Iowa Street Parking Ramp constitutes a "Project" within the meaning of Sec- tions 3$4.80 et seq. of the Code of Iowa. 1975, as amended, which may be fin- anced through the issuance of revenue bonds payable from the net revenues of said parking system; and WHEREAS the cost of constructing said additional off-street public motor vehicle parking facilities has been es- timated to be $1,800,000, of which $950,000 is to be paid from cash on hand, including federal revenue sharing funds, and as authorized under the provisions of Sections 384.80 et seq- of the Code of Iowa, 1975, as amended, it is necessary that revenue bonds of said City be is- sued in the amount of 5850,000 to pay the balance of the cost of such addi- tional facilities; and WHEREAS a notice of the intention of this City Council to take action for the issuance of $850,000 Parking Facili- ties Revenue Bonds, 1977 Series, of said City has heretofore been duly published and no oral or written objections of any kind have been filed or made to the issuance of said bonds and no one ap- peared responsive to said notice to make objection of such action; and WHEREAS it is the desire and intent that provision be made in and by this resolution for the issuance of such ad- ditional revenue bonds for the purpose aforesaid, such bonds to rank on a pari- ty with the presently outstanding bonds, and to set forth herein the terms and conditions upon which said addi- tional revenue bonds and any other revenue bonds ranking on a parity therewith are to be and may be issued and outstanding, to set forth the con- venants and undertakings of the City with respect to the operation and main- tenance of the said system of public motor vehicle parking facilities and to restrict the rights of the holders of said revenue bonds from time to time out- standing in the source of payment of the interest on and principal of said revenue bonds and in the enforcement thereof; NOW, THEREFORE, BE 1T RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, as follows: Sectlon t. That for the purpose of defraying the cost of constructing addi- tional public motor vehicle parking facilities in and for the City of Dubuque. Iowa, as referred to in the preamble hereof, therebe and there are hereby authorized to be issued the negotiable interest bearing revenue bonds of said City of Dubuque, in the principal amount of $850,000, each of which shall be known and designated as a "Parking Facilities Revenue Bond, 1977 Series," bearing date of July 1, 1977, numbered I to 170, inclusive of the denomination of $5000 each. The bonds of said issue shall bear interest at the rate of seven per cent (7%) per annum or at such lower rate or rates as may be determined at the time of the public sale of said bonds, such interest to be payable January 1, 1978, and semiannually thereafter on the first days of July and January in each year. Said bonds shall mature in numerical order on January 1 of the respective years as follows: Year Amount Year Amount 1979 sm.000 1987 $511.1100 19811 WWI 1988 50.000 1981 351881 1989 611.11011 1982 40.01N1 199n 70.000 1983 45.1X81 1991 70.000 1992 75,000 Z45.0(X) 5 450X1 1993 75.000 1906 511IXXI 1994 75.000 provided, however, that bonds num- bered 86 to 170, 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 January 1, 1988, upon terms of par and accrued interest plus a premium of Four percent (4%) of the principal amount of any such bonds called for redemption on January 1, 1988, and if called for redemption thereafter, the amount of such premium to be so paid shall be reduced at the rate of a of one percent of the principal amount for each full year that the redemption date is sub- sequent to January 1, 1988. In the event any of said bonds are called for redemption prior to maturity as afore- 348 Regular Session, July 5, 1977 said notice of such redemption, Iden tifying the bond or bonds to be redeemed, shall be published at least once but not less than thirty (30) days prior to the redemption date in a finan- cial 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 Citv 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 Citv 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 combined 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. As permitted and provided for under the terms of the ordinance adopted by the City Council of the City of Dubuque, Iowa, on May 20, 1964, and as recited on the face of each of the outstanding Parking Facilities Revenue Bonds of said City dated June 1, 1964, and as permitted and provided for under the terns of the ordinance adopted by the City Council of said City on December 2, 1968, and as recited on the face of each of the outstanding Parking Facilities Revenue Bonds, 1968 Series, of said City dated January 1, 1969, the Parking Fa- clilities Revenue Bonds, 1977 Series, herebv authorized shall rank on a parity with the presently outstanding bonds referred to in the preamble hereof and with any additional bonds as may her- eafter be issued and outstanding from time to time ranking on a parity therewith under the conditions and res- trictions hereinafter set forth, and all of said bonds shall be payable solely from the bond and interest redemption sink• ing fund hereinafter referred to and shall be a valid claim of the holder thereof only against said fund, and none of the bonds herein authorized to be issued, shall be a general obligation of said City nor payable in any manner by taxation, but the bonds herein author- ized to be issued, together with the presently outstanding bonds referred to in the preamble hereof and such addi- tional bonds as may be hereafter issued ranking on a parity therewith, shall be payable, both as to principal and inter- est. solely and only from the future net revenues of said improved system of public motor vehicle parking facilities pledged therefor as hereinafter provided. Section 2. That 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 PARKING FACILITIES REVENUE BOND 1977 SERIES Number $5,000 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 hereinafter provided then to the registered holder hereof, solely from the source hereinafter specified, the sum of Five Thousand Dollars ($5.000) on the first day of January, 19 .... and to pay interest on said sum from the date her- eof at the rate of .................percent ( ....°6) per annum, payable January I, 1978, and Seminannually 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 surrender of the interest coupons hereto attached as they severally become due: both principal and interest being paya- ble 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 thereto, and in con- formity with a resolution of the City Council of said City duly and finally passed on the 5th day of July, 1977, as amended. For a more complete sta- tement of the basis upon which this Adjourned Regular Session, July 5, 1977 349 evenue bond has been issued and addi- ional revenue bonds ranking on a pan- e therewith may be issued and out- tanding, a description of the source of iayment of all such revenue bonds, the ircumstances under which the provi- ions of the aforesaid resolution may be modified 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 170, inclusive, issued by said City for the purpose of'defrayingthe cost of con- structing additional public motor vehi- cle parking facilities in and for said City. This bond and the series of which it forms a part are payable from the same source and rank on a parity with out- standing Parking Facilities Revenue Bonds of said City dated June 1, 1964, and outstanding Parking Facilities Revenue Bonds, 1968 Series, of said City datedJanuary 1, 1969andallofsaidbonds, together with any additional bonds as may be hereafter issued and outstand- ing from time to time ranking on a parity therewith under the conditions and restrictions set forth in the resolu- tion authorizing said series as referred to in the preceding paragraph, are payable as to both principal and interest solely and only out of future net reven- ues of the system of public motor vehi- cle parking facilities of said City, 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 covenants that it will fix such rates and charges for the ser- vices furnished by said parking system and will collect and account for income and revenues therefrom sufficient to promptly pay the principal of and inter- est on this bond and the series of which it is a part any any other bonds as may from time to time be outstanding rank- ing 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 86 to 170, 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 January 1, 1988, upon terms of par and accrued interest plus a premium of four percent (4%) of the principal amount thereof if called for redemption on January 1, 1988, and if called for redemption thereafter, the amount of such premium to be so paid shall he reduced at the rate of 1h of one percent of the principal amount for each full year that the redemption date is subsequent to January 1, 1988. In the event any of said bonds are called for redemption prior to maturity as afore- said, notice of such redemption, 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 he 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 is- suance 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 WITNESS 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 executed with the facsimile signature of the said City Clerk, which official by the execu- tion of this bond, does adopt as and for his own proper signature his facsimile signature appearing on said coupons 350 Adjourned Regular Session, July 5, 1977 this first day of July, 1977. .................... Mayor ATTEST: City Clerk (Fort of Coupon) No. .............. $ .............. The Treasurer of the City of Dubuque, Iowa, will pay to bearer out of the future net revenues of its system of public motor vehicle parking facilities .......... Dollars (5......) 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 Parking Facilities Revenue Bond, 1977 Series, of said City, dated July 1, 1977, 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, 1977. ..................... Treasurer of the City of Dubuque, Iowa." There shall also be printed on the back of each bond provision in the fol- lowing form for evidencing its registra- tion as to principal; Name of Date of Signature of Registered Owner Registration City Treasurer Section 3. That said revenue bonds shall be registrable as to principal in accordance with the provisions for registration hereinabove provided, and the City Treasurer is hereby appointed and designated Registar for such purpose. No charge shall be made to any holder of said bonds for the privilege of registration or transfer thereof. 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, and said 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 and said Treasurer shall sign the certificate hereinbefore set out in Section 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser thereof upon payment of the purchase price, same to be not less than par and accrued interest. Section S. The proceeds of the bonds hereby authorized, together with a suf- ficient amount of other available funds, shall be deposited in a Construction Fund, which is hereby ordered created, and shall be applied in paying the cost of constructing the additional public mo- tor vehicle parking facilities as herein- before described and paying expenses incident thereto, provided, that all sums received as accrued interest in the is- suance and sale of the bonds shall be paid into the Parking Facilities Revenue Bonds Sinking Fund hereinafter referred to. Pending expenditure for said authorized purpose the balance of the proceeds of the bonds shall be deposited in a bank or banks and each such deposit, to the extent it causes the aggregate deposits by said City in any such bank to be in excess of the max- imum amount insured by the F.D.I.D., shall be collaterally secured by direct obligations or guaranteed bonds of the United States of America having a mar- ket value equivalent to such deposit. Disbursements of said proceeds for the cost of construction work and materials shall be made on orders of the City Council only as and when approved by the engineer supervising such con- struction. Any balance of the proceeds of said bonds remaining after the com- pletion of the acquisition and construc- tion of said additional parking facilities shall be deposited in the Renewal and Improvement Fund. Adjourned Regular Session, July 5, 1977 351 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 her- eby authorized to be issued. The City Council represents and certifies that: (1) the said City has heretofore in- curred a substantial binding obligation with respect to said facilities; said bind- ing obligation comprising engineering fees and contracts for :materials and for the construction of the parking facilities in the amount of not less than 21h% 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, 1979, 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 otherwise 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 purpose stated in the form of bond above set out, in- cluding 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 circumstances that would materially change the conclu. sions and representations 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(c) 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(c) or regulations promulgated ther- eunder shall be repealed or re- laxed or shall be held void by final decision of a court of competent juris- diction, 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 in- terest on said bonds subject to federal income taxation. Section 6. That upon the issuance of the bonds hereby authorized and ther- eafter so long an any of said bonds or any additional bonds ranking on a pari- ty therewith are outstanding the system of public motor vehicle parking facilities of said City, together will all future extensions and additions thereto, and consisting of both on -street parking meters and off-street parking facilities shall continue to be operated as a revenue producing undertaking. The rates charged by said City for the use of and services furnished by said parking system shall be such reasonable rates as will be sufficient to pay for the operation and maintenance thereof and to maintain the parking Facilities Revenue Bonds Sinking Fund and the Bond Reserve Fund in the amounts as hereinafter provided. Section T. That the provisions, covenants, undertakings and stipula- tions for the operation of the system of public motor vehicle parking facilities of said City and for the collection, applica- tion and use of the revenues and income from such operation, as set forth in the ordinance adopted by the City Council of said City on May 20, 1964, and pur- suant to which the outstanding Parking Facilities Revenue Bonds of said City dated June 1, 1964, were issued and as set forth in the ordinance adopted by the City Council of said City on December 2, 1968, and pursuant to which the outstanding Parking Facili- ties Revenue Bonds, 1968 Series, of said City dated January 1, 1969, were issued shall inure and appertain to the bonds hereby authorized to the same extent and with like force and effect as if herein set out in full, except only insofar as same may be inconsistent with the re- solution. From and after the issuance of the bonds hereby authorized the income and revenues from the off-street park. ing facilities of said system, including rentals from the lease of any property 352 constituting a part of the system or air rights over any part of the system, shall be set aside into a separate and special fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operat- ing said off-street parking facilities, and the balance thereof shall be classified as "net off-street parking revenues" and are hereinafter referred to as such. In like manner from and after the issuance of said bonds the income and revenues from the on -street parking facilities of said system shall be set aside into a separate and special fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating said on - street parking facilities and necessary traffic control expenses and may also be so used and disbursed, to the extent that funds are not available from other sources, for the purchase of additional on -street parking meters and facilities; provided, that the aggregate of all such operation, maintenance and traffic con- trol expenses and cost of additional on -street parking meters and facilities shall not in any one month exceed twenty-five per cent of the income and revenues from such on -street parking facilities of said system during that month, and the balance of said income and revenues from the on -street parking facilities shall be classified as "net on - street parking revenues' and are her- einafter referred to as such. The provisions heretofore made for the creation and maintenance of a "Parking Facilities Revenue Bonds Sinking Fund" (hereinafter sometimes referred to as the "Sinking Fund"), and for the monthly payment into said fund from the aggregate of the net off-street parking revenues and the n,-, on -street parking revenues of such portion ther- eof as will be sufficient to pay the inter- est upon and principal of the outstand- ing Parking Facilities Revenue Bonds and the outstanding Parking Facilities Revenue Bonds, 1968 Series, are all her- eby ratified and confirmed, and all such provisions shall insure and constitute the security for the payment of the interest on and the principal of the Parking Facilities Revenue Bonds, 1977 Series, hereby authorized as may from time to time be outstanding; provided, however, that the amounts to be an- nually set aside and paid into said "Parking Facilities Revenue Bonds Sinking Fund" in equal monthly install- ments shall be sufficient to pay the interest and principal due in each year, not only of the bonds issued and out- Session, July 5, 1977 standing under the provisions of said ordinance adopted on May 20, 1964, and said ordinance adopted December 2, 1968, but also the interest on and prin- cipal of the Parking, Facilities Revenue Bonds, 1977 Series, issued pursuant to this resolution and from time to time outstanding. In addition to the payments required to be made into said "Parking Facilities Revenue Bonds Sinking Fund" under the provisions of Section 6 of said ordinance adopted May 20, 1964, and under the provisions of Section 7 of siad ordinance adopted December 2, 1968, and in order to pay maturing installments of principal of and interest on said Parking Facilities Revenue Bonds, 1977 Series, it is hereby determined that additional payments shall be made each month into said "Parking Facilities Revenue Bonds Sinking Fund" from the aggregate of the net off-street parking revenues and the net on -street parking revenues and that the minimum amount to be so set aside into said Sinking Fund during the periods of twelve months preceding January I of each year for said addi- tional bonds shall be not less than as follows: A sum equal to one-tenth (1 / 10th) of the principal of all bonds maturing on the January 1 next succeding plus a sum equal to one-fifth (1/5th) of the interest becoming due on the next succed- ing interest payment date on all of then outstanding bonds issued pur- suant to this resolution and bonds ranking on a parity therewith until there has been accumulated in such fund an amount equal to the full amount of the next succeeding principal payment and interest payment on said then outstanding bonds maturing in such year; provided, however, that no further payments need be made into said Sinking Fund whenever and so long as such amount of the bonds shall have been retired that the amount then held in such fund (including the Bond Reserve Fund hereinafter created) is sufficient to retire all such outstanding bonds and pay the entire amount of the interest that will have accrued at the time of such retirement. If and to whatever extend any addi- tional bonds are hereafter issued by said City ranking on a parity with the out- standing bonds referred to in the preamble hereof and with the bonds herein authorized to be issued as per- ourned Regular Session, Jul mitted and provided for in Section 17 hereof, provision shall be made for ad- ditional payments to he made each month into said "Parking Facilities Revenue Bonds Sinking Fund" from the aggregate of the net off-street parking revenues and the net on -street parking revenues sufficient to pay maturing installments of principal of and interest. on said additional bonds. Such payments into said Sinking Fund shall he made in monthly install- ments 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. In the event the balance of unallocat- ed net off-street parking revenues and net on -street parking revenues are in- adequate to make any one or more required monthly payments into the Sinking Fund, the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received and the same shall be in addi- tion to payments otherwise provided to be made in such succeeding month or months. Said Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying principal of and interest on the outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the outstanding Parking Facilities Revenue Bonds, 1968 Series, dated Jan- uary 1, 1969, the bonds herein author- ized to be issued, and any additional bonds as may be hereafter issued and outstanding ranking on a parity therewith. Section S. The provisions made in and ,by Section 7 of the ordinance adopted by the City Council of said City on May 20, 1964, and pursuant to which the outstanding Parking Facilities Reven- ue Bonds of said City were issued, and in Section 8 of the ordinance adopted by the Citv Council of said City on December 2, 1968, and pursuant to which the outstanding Parking Facili- ties Revenue Bonds, 1968 Series, of said City were issued. whereby there has been created and is to be maintained a "Bond Reserve Fund", are all hereby ratified and confirmed, and all such provisions shall insure and constitute the security for the payment of the interest on and principal of the Parking Facilities Revenue Bonds, 1977 Series, hereby authorized and bonds ranking on a parity therewith. $1250 shall con- tinue to be set apart and paid into said "Bond Reserve Fund" from the balance n parking revenues an 5, 1977 353 and the net on -street parking revenues remaining after first making the required payments into the "Parking Facilities Revenue Bonds Sinking Fund" on the first day of each month in each year. All monevs credited to said Re- serve Fund shall be used for the payment of the principal of and interest on the outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the outstand- ing Parking Facilities Revenue Bonds 1968, Series, dated January 1, 1969, the bonds authorized to be issued under the terms of this resolution and bonds ranking on a parity therewith whenever for any reason the funds on deposit in the "Parking Facilities Revenue Bonds Sinking Fund" are insufficient to pay such principal and interest when due, and shall also be used to make up any deficiencies in the amounts required to be set aside each month into said Sink- ing Fund; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of principal and interest falling due in any succeeding fiscal year for both principal of and interest on the outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the outstand- ing Parking Facilities Revenue Bonds, 1968 Series dated January 1, 1969, the then outstanding bonds issued pursuant, to this resolution and bonds ranking on a parity therewith shall be used to pur- chase any of said bonds then outstand- ing at not exceeding the then next ap- plicable redemption price or shall be used to call and redeem such bonds as may be then subject to redemption prior to maturity. Section 9. The provisions made in and by Section 8 of the ordinance adopted by the City Council of said City on May 20, 1964, and pursuant to which the outstanding Parking Facilities Revenue Bonds of said City were issued, and in and by Section 9 of the ordinance adopted by the City Council of said City on December 2, 1968, and pursuant to which the outstanding Parking Facili- ties Revenue Bonds, 1968 Series, of said City were issued, whereby there has been created and is to be maintained a "Renewal and Improvement Fund" are all hereby ratified and confirmed. $2750, or such higher amount as the City Council may fix from time to time, shall continue to be set apart and paid into said "Renewal and Improvement Fund" from the balance of the net off-street parking revenues and net on -street parking revenues remaining after first .4.54 Adjourned making the required payments into the Sinking Fund and the Bond Reserve Fund on the first day of each month of each year. All moneys credited to said Renewal and Improvement Fund shall be used only for those purposes specified in Section 8 of said ordinance adopted by the City Council of said City on May 20, 1964. Section 10. The provisions made in and by Section 9 of the ordinance adopted by the City Council of said City on May 20, 1964, and pursuant to which the outstanding Parking Facilities Revenue Bonds of said City were issued, whereby there has been created and is to be maintained a "Surplus Fund" are all hereby ratified and confirmed, and as provided in said ordinance there shall be set apart and paid into said "Surplus Fund" each year all of the net offstreet and net on -street parking revenues remaining after first making the required payments into the Sinking Fund, the Bond Reserve Fund and the Renewal and Improvement Fund. All moneys credited to said Surplus Fund shall be used only for the purposes specified in Section 9 of said ordinance adopted by the City Council of said City on May 20, 1964. Section 11. All moneys held in the several separate funds provided for under the terms of this resolution shall continue to be deposited in banks and all such deposits which cause the ag- gregate deposits of said City in any one bank to be in excess of the maximum amount insured by the F.D.I.C. 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 having a maturity date or being subject to redemption at the op- tion of the holder not more than five years from the date of the investment therein. Section 12. While the bonds author- ized hereunder, or any of them, remain outstanding and unpaid the rates for all services rendered by said public motor vehicle parking facilities system shall be reasonable and just, taking into account and consideration the cost of maintain- ing and operating the same and one hundred fifty per cent of the amounts required annually for the retirement of the outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the outstanding Parking Facilities Revenue Bonds, 1968 Series, the bonds herein authorized and bonds ranking on a par- ity therewith, including interest ther- Session, July 5, 1977 eon, and there shall be charged such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that so long as any of the bonds hereby authorized remain outstanding it will keep proper books of record and account, separate from all other municipal records and accounts, showing complete and correct entries of all transactions relating to said public motor vehicle parking facilities system, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the City relating thereto. A separate accounting of the amount of income and revenues from on -street parking facilities and the off-street parking facilities, and also of the amount of operation and mainten- ance expenses for said facilities, respec- tively, shall be kept and maintained. Said City further agrees that it will within sixty days following the close of each fiscal year of the City cause an audit to be made of the books and ac- counts pertinent to the system'by an independent certified public accountant showing the receipts and disbursements of said system with the comments of the auditor concerning whether the books and accounts are being kept in com- pliance with this resolution and in ac- cordance with recognized accounting practices. All expenses incurred in making such audits shall be paid as an expense of operation and maintenance of the system and a copy of each such audit shall be promptly mailed to the original purchasers from the City of the bonds hereby authorized and to any other bondholder that may have requested same in writing. Section 13. That said City hereby covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and lawsof the State of Iowa, and this resolution, including the making and collecting of reasonable and sufficient rates for ser- vices afforded thereby, and will se- gregate the revenues and make ap- plication thereof, into the respective funds, as provided by this resolution. The City further covenants and agrees with the holders of said bonds to main. tain in good condition and continuously and efficiently operate said off-street and on -street facilities and to charge and collect such rates and charges for Adjourned Regular Session, July 5, 1977 355 j services rendered thereby so that the i aggregate net revenues therefrom will be sufficient at all times to make the prescribed payments into the several special funds as hereinbefore provided. The City further covenants and agrees that so long as any of the bonds authorized to be issued under the terms of this resolution or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber said public motor vehicle parking facilities until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof; provided, however, the City may dispose of any property constituting a part of the municipal parking system which is found by re- solution of the City Council to be no longer useful or profitable in the opera- tion of the system, but the proceeds of any such sale shall be credited to the Renewal and Improvement Fund as an additional cretdit thereto. Nothing con- tained in this resolution shall be con- strued to prevent the City from leasing to others or contracting with others for the operation of any of the facilities, constituting a part of the parking sys- tem, to the extent permitted by law, provided the net revenues derived from any such leases or contracts, in com- bination with all other net revenues of the system, are found by the City Council to be not less than those required to be paid into the various funds as hereinbefore provided. Nothing contained in this resolution shall be construed to prevent the City from dis- posing by lease, or as may be permitted by law, of the air rights above any of the off-street parking facilities constituting a part of the system, provided that the revenues from any such lease shall be treated as a part of the income and revenues from the off-street parking facilities of the system and shall be used and applied as provided in this resolu- tion, but no such lease may result in a reduction of the aggregate net revenues of the system below the amounts necessary to be paid into the various funds as hereinbefore provided. While the bonds authorized her- eunder, or any of them, remain out- standing and unpaid no free service shall be afforded by said public motor vehicle parking facilities system, provided, that the City Council may, by resolution, authorize the use of a desig- nated portion of the parking facilities without charge, provided: (1) that the Council must first affirmatively deter- mine that such use will not cause the aggregate net revenues then to be der- ived from the balance of the system to be less than 150% of the amounts required to be paid into the Parking Facilities Revenue Bonds Sinking Fund during the then next succeeding fiscal year, and (2) if the facilities to he oper- ated without charge produced over 15% of the gross revenues of the entire sys- tem in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a reputable, independent consulting engineer em- ployed for the purpose of examining the books and records pertinent to the sys- tem and of certifying to the amount of revenues which will be derived from the balance of the system. Anv of the off- street parking facilities may be with- drawn from use at any time for the purpose of erecting multiple level park- ing structures, garages or other parking facilities thereon which are to be incor- porated in and made a part of the public motor vehicle parking facilities system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the remainder of the system, together with interest during the construction of the additional structure will be not less than those required to be paid into the sever- al separate funds as hereinbefore provided during the period of constructions. Said City agrees that it will take no action in relation to its public motor vehicle parking facilities which would unfavorably effect the security of the bonds herein authorized or bonds rank. ing on a parity therewith or the prompt payment of the principal thereof and interest thereon, but nothing in this resolution contained shall be construed to prohibit appropriate changes in the loacation of on -street parking facilities made necessary by street widening, al- terations or closings, nor prohibit sub- stitution or changes in the location of on -street parking meters in order to provide essential and necessary traffic regulation and control. Section 14. Said City hereby coven- ants and agrees so long as any bonds hereby authorized are outstanding to regularly retain from time to time and at least once every three years the services of some engineer or firm of engineers of specialized reputation in the man- agement and operation of motor vehicle parking facilities (hereinafter some- 356 Regular Session, July 5, 1977 times referred to as the "consulting engineer"). for the purpose of consul- tation and cooperation in connection with the operation and maintenance of its public motor vehicle parking facili- ties system and the establishment as well as any subsequent revision of the schedule of charges for the services and facilities to be thereby afforded. An annual budget of expenses of operation and maintenance of the system shall be prepared by the City Council covering the anticipated monthly requirements and expeditures for such operation and maintenance during the ensuing year. Fixed annual charges such as the cost of insurance shall be set up and ac- cumulated on a monthly basis. At least sixty days prior to the beginning of such ensuing fiscal year a copy of such proposed annual budget shall be mailed to any bondholder who may have therefore requested the same. If the holder or holders of five per cent or more of the aggregate principal amount of bonds then outstanding shall so request at least thirty days prior to commencement of the fiscal year the City Council shall hold a public hearing on such proposed annual budget, at which hearing any bondholder and any other person in interest may appear and file written objections. If no objections are filed as in this section permitted, said City Council may adopt the proposed budget as the annual budget for such succeeding fiscal year, but if such ob- jections are filed, said City Council shall make every effort to satisfy same in adopting a revised final budget. The total expenditures in any fiscal year for the account of the off-street parking facilities and the on -street parking facilities constituting parts of said pub. lic motor vehicle parking facilities sys. tem shall not exceed the respective items as shown by the annual budget for such year unless specifically authorized by a two-thirds vote of said City Council. Section 15. That any holder of said bonds, or of any of the coupons, may either at law or in equity, by suit, action, mandamus or other proceedings, en. force and complete performance by said City and its officers and agents of all duties imposed or required by law or this resolution in connection with the operation of said motor vehicle parking facilities, including the making and col. lecting of sufficient rates and segrega- tion of the revenues and application thereof. Section 16. That the provisions of Section 15 of said ordinance adopted May 20, 1964, with respect to the is. suance of additional parking facilities revenue bonds ranking on a parity with said outstanding Parking Facilities Revenue Bonds dated .lune 1, 1964, and the provisions of Section 17 of said ordinance adopted December 2, l968, with respect to the issuance of addi- tional parking facilities revenue bonds ranking on a parity with said outstand- ing Parking Facilities Revenue Bonds, 1968 Series, dated January 1, 1969, are hereby recognized. It is hereby found and declarded (1) there is no default existing in any of the provisions of the ordinances adopted by the City Council on May 20, 1964, and December 2, 1968, pursuant to which said outstanding bonds were issued, (2) there has been procurred and is now on file with the City Clerk a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based on necessary investigations that the ag- gregate net off-street parking revenues and net on -street parking revenues as defined in said ordinances adopted May 20, 1964, and December 2. 1968, adjusted to reflect income in accor- dance with parking system rates in ef- fect on the date of said statement, for the last preceding calendar year were equal to at least 150% of the maximum amount that will become due in any calendar year for both principal and interest on the presently outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the presently outstanding Parking Facilities Revenue Bonds, 1968 Series, dated January 1, 1969, and the bonds herein authorized to be issued in any fiscal year prior to the longest ma- turity of any of the presently outstand- ing Parking Facilities Revenue Bonds dated June 1, 1964, and Parking Facili- ties Revenue Bonds, 1968, Series, dated January 1, 1969, and (3) the additional parking facilities to be acquired through the issuance of the bonds herein auth- orized will be situated within the central business sections of the City of Dubuque. Section 17. The Bonds authorized to be issued hereunder and from time to time outstanding shall not be entitled to priority one over the other in the ap- plication of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issuance, it being the intention that there shall be no priority among the bonds authorized to be issued under the provisions of this resolution, regardless of the fact that they may be actually issued and Adjourned Regular Session, July 5, 1977 357 delivered at different times. While there is no default existing in any of the provisions of this resolution said City hereby reserves the right and privilege of issuing additional bonds from time to time payable from the income and revenues of said public motor vehicle parking facilities system ranking on a parity with the bonds herein authorized in order to refund any revenue bonds issued for account of the parking sys- tem, or to pay the costs of further addi- tions, extensions or improvements to the system within said City; provided, that before any such additional bonds ranking on a parity may be so issued for such additional bonds ranking on a parity may be so issued for such addi- tions, extensions or improvements there shall have been procured and filed with the City Clerk a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon necessary investigations that the ag- gregate net off-street parking revenues and net on -street parking revenues as defined in this resolution, adjusted to reflect income in accordance with rates in effect on the date of said statement, for the fiscal year immediately preced- ing the issuance of such additional bonds was equal to at least 150% of the maximum amount that will become due i in any calendar year for both principal and interest on the bonds then out- standing and the bonds then proposed to be issued in any fiscal year prior to the longest maturity of any of the then outstanding bonds; provided, also, that before any such additional bonds rank- ing on a parity may be issued for paying the cost of additions, extensions or im- provements lying outside the central business sections of said City there must also be procured and filed with the City Clerk of City a certificate executed by an engineer or firm of engineers of specialized reputation in the man- agement and operation of motor vehicle parking facilities reciting the opinion based upon necessary investigations that the net income and revenues to be derived from the operation of such ad- ditional facilities will not be less than 150% of the maximum amount that will become due in any year for principal of and interest on the amount of bonds then proposed to be issued to pay the cost of such additions, extensions or improvements lying outside the central I business sections of the City. Bonds issued to refund any of the bonds hereby authorized or bonds i ranking on a parity therewith shall not be subject to the restrictions herein- before set forth in this section provided the bonds being refunded mature 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 said restrictions, and in com- puting the maximum principal and in- terest due in any year principal and interest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilized. For the purposes of this resolution, the fiscal year shall be the calendar year, and interest and principal due on Jan- uary 1 shall be considered obligations of the immediately preceding fiscal year. The interest payment dates for all such additional bonds shall be semiannually on January 1 and July 1 of each year and the principal maturities of such addi- tional bonds shall be on January 1 of the year in which any such principal is scheduled to become due. The addition- al bonds (sometimes herein referred to as "permitted" to be issued), the is- suance of which is restricted and condi- tioned by this section, shall be under- stood to mean bonds secured and paya- ble on a parity with the bonds herein specifically authorized, and shall not be deemed to include other obligations, the security and source of payment of which is subordinate and subject to the priority of the requirements in favor of the bonds herein authorized to be issued. Section 18. Said City covenants and agrees that so long as any of the bonds herein authorized are outstanding it will not establish other public motor vehicle parking facilities within the City unless such additional facilities are included and constitute a part of the public motor vehicle parking facilities system as con- templated by this resolution and are operated on a revenue producing and self-liquidating basis, so that the net revenues from such additional facilities will be available for payment into the Sinking Fund as herein provided. The City covenants and agrees upon completion of the addition to the park- ing structure as hereinbefore referred to and upon completion subsequently of any other structural parking facilities constituting any part of the system that it will procure and carry to the extent available fire and extended coverage and vandalism and malicious mischief insurance on each such structure in an amount equal to at least eighty per cent 358 Adjourned Regular Session, July 5, 1977 of the insurable value thereof and also will procure and carry to the extent available use and occupancy or business interruption insurance on such struc- tural parking facilities in an amount sufficient to pay eighty per cent of the estimated net revenues therefrom for a period of one year. The proceeds of insurance received from loss or damage to the structural parking facilities shall be used to replace or repair the property lost or damaged, and the proceeds of use and occupancy or business interruption insurance shall be classified and treated as net off-street parking revenues. The Citv further covenants and agrees to carry public liability and property damage insurance in the operation of the public motor vehicle parking fac- ilities system in amounts not less than those recommended from time to time by a consulting engineer emploved for that purpose. The costs of all the foregoing insurance shall be classified and paid as an expense of operation and maintenance. Section 19. 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, and after the issuance of any of the bonds no change, variation, or alteration of any kind of the provi- sions of this resolution may be made in any manner except as hereinafter in this section provided until such time as all of said bonds issued hereunder and the interest thereon have been paid in full. In the event that it shall appear desir- able and to the advantage of both the City and the holders of the revenue bonds the City may propose modifica- tions, alterations and amendments of this resolution in the following manner: The City Council shall adopt a resolu- tion modifying, altering or amending this resolution, but providing therein that said resolution shall not become effective unless and until it has had the approval of the holders of the revenue bonds as hereinafter set out. Immedia- tely upon adoption of said resolution the City Council shall set a time and place for and call a meeting of the holders of the revenue bonds, which place so de- signated shall be in the City of Dubuque, Iowa. Notice of the time and place of the meeting and in general terms the mat- ters to be submitted thereat shall be given to the holders of the revenue bonds in the following manner: (a) Not less than fifteen days prior to the date set for the meeting a copy of the notice shall be mailed to each of the holders of revenue bonds registered as to principal at the address appearing on the registration books and also tothe original purchaser or purchasers of the revenue bonds; (b) Notice of such meeting shall also be published in at least two issues of (1) a newspaper or financial journal of general circulation published in the City of Chicago, Illinois, and (2) a newspaper of general circulation published in the City of Dubuque. Iowa; the first of each such publications to be made not less than fifteen (15) days prior to the date set for the meeting and the second of such publications to be made not less than seven (7) days nor more than ten (10) days prior to the date set for such meeting. At such meeting there shall be sub- mitted to the holders of the revenue bonds for their approval the resolution theretofore adopted proposing the modification, alteration or amendment. All holders of revenue bonds for ac- count of the public motor vehicle park- ing facilities system of the City out- standing at the time of such meeting and secured by the Sinking Fund her- einbefore created shall be entitled to vote thereat and attendance at such meeting may he in person or by proxy. Each person seeking to attend or vote at any such meeting must, if required, produce such proof of ownership of revenue bonds or of personal identity as shall be satisfactory to the inspectors of votes. Every proxy shall be signed by the holder of revenue bonds or by his duly authorized attorney, shall identify the revenue bonds represented thereby, and shall be witnessed, and its genuine- ness, if questioned shall be established to the satisfaction of the inspectors of votes. The holders of revenue bonds and the holders of proxies present shall, by a majority vote, irrespective of the amount of revenue bonds represented by them, select two persons from those present to act as inspectors of votes, who shall count all votes cast at such meeting and who shall make and file with the Secretary of the meeting their verified written report in duplicate of all such votes so cast at said meeting. The holders (or persons entitled to vote the same) of not less than seven- ty-five per cent in principal amount of the revenue bonds entitled to be voted at any such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, less than a quorum, however, having power to adjourn. Any such modifications, alterations Adjourned Regular Session, July 5, 1977 359 ndments of this resolution, or of hts and obligations of the City, or ,,, ­1holders of the revenue bonds in any particular, may be approved at such meeting or at a due adjournment ther- eof and held in accordance with the provisions of this section, but only by a resolution duly adopted by the affirma- tive vote, in person or by proxy, of the holders (or persons entitled to vote the same) of sixty per cent or more in ag- gregate principal amount of the revenue bonds entitled to be represented at such meeting; provided, however, that no such modifications, alterations or amendments shall be made which will (a) permit an extension of the time of payment at maturity of the principal of or payment of the interest on any revenue bond, or a reduction in the amount of principal or the rate of inter- est thereon without written consent of the holder thereof, of (b) reduce the percentage of holders of revenue bonds required by the provisions of this sec- tion for the taking of any action under this section. A record of the proceedings of each such meeting prepared and certified by the Secretary of the meeting and having attached thereto an original counter- part of the report of the inspectors of votes and affidavits of mailing and pub- lication of the notice of the meeting shall be filed with the City Clerk, and thereupon without further action the proposed modifications, alterations and amendments, as aforesaid, shall become effective, but otherwise shall be null and void. Section 20. If any section, paragraph, clause or provision of this resolution shall be held invalid the invalidity of such section, paragraph, clause or provision, shall not affect any of the remaining provisions of this resolution. Section 21. All resolutions and orders, or parts thereof in conflict with the provisions of this resolution are. to the extent of such conflict, hereby repealed. Section 22. That this resolution shall be in full force and effect immediately upon its adoption and approval as provided by law. Passed and approved this 5th day of July, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 5, 1977 Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None RESOLUTION NO. 253-77 RESOLUTION directing the advertis- ment and sale of $850,000 Parking Facilities Revenue Bonds, 1977 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 advisable and necessary to add to, extend and im- prove its system of motor vehicle park- ing facilities by constructing an addi- tion to the Iowa Street Parking Ramp in the business district of the City; and WHEREAS said City contemplates the issuance of $950,000 Parking Facili- ties Revenue Bonds, 1977 Series, for the purpose of paying the cost, to that amount, of constructing said facilities 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 Parking Facilities Revenue Bonds, 1977 Series, of the said City in the amount of $850,000 be of- fered for sale pursuant to adverti- sement, said bonds to be numbered from 1 to 170, inclusive, in the den- omination of $5000 each, to be dated July 1, 1977, with interest payable Jan- uary 1, 1978, and semiannually ther- eafter, and to mature serially and in numberical order on January I of each of the respective years as follows: Yew ARNMd rw Armwd 1979 130,000 1987 150,000 1980 35,0001988 50,000 1981 35.000 1989 80,000 1982 40.900 1990 70,900 1983 45.0001 1491 70,000 1984 45.(01 1992 75,000 1985 450M) 1993 75,000 1986 S0, M1994 75,000 but with the right reserved to the City to call and redeem the bonds maturing in the years 1989 to 1994, inclusive, prior to maturity in whole, or from time to time in part in inverse order of maturity and within a maturity by lot, on any interest payment date on or after Jan- uary 1, 1988, upon terms of par and accrued interest plus a premium of Four percent (4%) of the principal amount of any such bonds if called on January 1, 1988, and if called for redemption ther- 360 Adjourned Regular Session, July 5, 1977 eafter the amount of such premium to be so paid shall be reduced at the rate of 1h of one per cent of the principal amount for each full year that the redemption date is subsequent to Jan- uary 1, 1988. Section 2. That the Cit" 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 newspaper pub- lished and of general circulation 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 12:00 o'clock Noon, Cen- tral Daylight Time, on the 19th day of July. 1977. 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 inconnict herewith be and the same are hereby repealed. Passed and approved July 5, 1977 Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 5, 1977. Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition For Voluntary Annexation TO: The City Council of the City of Dubuque Iowa. The undersigned hereby petitions the City Council of the City of Dubuque, Iowa, to annex land in Dubuque Coun- ty, Iowa, adjoining the city limits of the City of Dubuque. Iowa, and in support thereof states: 1. The legal description of the land in Dubuque County, Iowa which adjoins the city limits of the City of Dubuque, Iowa, and which the Petitioner requests be annexed to the City of Dubuque, Iowa, is as follows: Lot 2 of the Subdivision of Lot I of the Subdivision of Lot I of Mineral Lot 237 and Lot 3 of Mineral Lot 243 in Section 27, Township 89 North, Range 2 East of the Fifth P.M., Dubuque Township, Dubuque County, Iowa. 2. The aforesaid real property is owned by Theisen Building Company, Inc. 3. Attached to this Petition is a map of the territory which the Owner requests be annexed to the City of Dubuque, Iowa and which shows its location in relation to the City of Dubuque. Iowa. 4. Therefore, the undersigned hereby requests the property described in Paragraph 1 be annexed to the City of Dubuque, Iowa. Dated at Dubuque. Iowa, this 23 day of June, 1977. Theisen Building Com- pany. Inc. By Leo A. Theisen President Councilman Wertzberger moved that the annexation request be approved. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 254-77 WHEREAS, the owner of an area ap- proximately 0.77 acres in size lying im- mediately easterly and southerly of the City Limits of the City of Dubuque. Iowa, now voluntarily petitions the City Council for annexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of City Government in the way of police and fire protection if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water and other municipal services of said territory if incorporated within the City Limits of the City of Dubuque,lowa; and WHEREAS, Chapter 368. Code of Iowa (1975) authorizes the extension of city limits in situations of this character by the adoption of a Resolution ther- efor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa, NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot 2 of the Subdivision of Lot I of the Adjourned Regular Session, J Subdivision of Lot 1 of Mineral Lot 237 and Lot 3 of Mineral Lot 243 in Section 27, Township 89 North, Range 2 East of the Fifth P.M., Dubuque Township. Dubuque County, Iowa. The property to he annexed is as shown on the plat marked Exhibit "A" attached hereto. and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. The territory hereby an- nexed shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. This Resolution passed, approved and adopted the 5th day of July. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilmen Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. June 28, 1977 City Manager RE: Thomas J. Manternach-Petitioner- Property Owner We have recently purchased property on Peru Road from Dennis Sharkey. The property is contiguous to your City i Limits through out Terrace Estates which was voluntarily annexed in March, 1977. At this time we would like to present our request for voluntary annexation of this area. Wayne J. Manternach Manternach Development Company Councilman Wertzberger moved that the request for annexation be approved. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. RESOLUTION ANNEXING CERTAIN TERRITORY No. 255-77 WHEREAS, the owners of an area approximately 1.4 acres in size im- mediately adjoining the city limits of the City of Dubuque, Iowa now voluntari- ly petition the City Council for annexa - 5, 1977 361 tion of their property to the City of Dubuque. Iowa; WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter. ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa, and WHEREAS. Section 368.7 Code of Iowa, 1975, authorizes the extension of city limits in situations of this character by the adoption of a resolution ther- efore; and WHEREAS. the future growth. development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a pan of the City of Dubuque. Iowa; and NOW, THEREFORE. BE IT RE. SOLVED by theCity Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following de- scribed real estate: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 4 of Lot 1 of the Subdivision of Lot 1 of Lot I of Lot 1 and Lot 2 of Lot 1 of Lot I of Mineral Lot 324: Lot 1 and Lot 2 of the Subdivi- sion of Lot 2 of Lot 1 of Lot l of Lot 1 of Lot 2 of Lot 4 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324; and Lot 1 of Lot 2 of Lot I of Lot 2 of Lot 4 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot I and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324; all in Section 12. Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, according to the recorded plats thereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Fourteenth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted and approved this .5th day of Juiv, 1977. Emil Stackis Mayor James E. Brady Walter A. Pregler Thomas A. Tully Jr. Richard Wertzberger Councilmen 362 Adjourned Regular Session, July 5. 1977 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger mowed adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. June 29, 1977 Honorable Mayor and Citv Council It may be necessary to apply $553.960 of General Revenue Sharing funds toward the construction cost of the Iowa Street Parking Ramp Addition. This proposed expenditure will require an amendment of the city's adopted budget for the fiscal year beginning July 1. The federal regulations governing the use of revenue sharing funds require that a public hearing be held. The state also required a public hearing on the budget amendment, and both the state and federal requirements can be satis- fied with a single hearing. The attached resolutions authorize the publishing of notices for the hearing if it is determined to be necessary to use revenue sharing funds in this manner. We would request your adoption of both resolutions. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 256-77 Resolution Authorizing a Public Hear- ing for the Expenditure of Certain General Revenue Sharing Funds WHEREAS, it is proposed that the City of Dubuque expend $553.960 of General Revenue Sharing Funds Towards the construction costs of the Iowa Street Parking Ramp Addition; and WHEREAS, Section 51.15 of the Local Assistance to State and Local Government Act of 1972, as amended, provides that the public hearing requir- ements of the Act shall apply to the amendment, revisions or modifications of an adopted budget where a major change is proposed; and WHEREAS, such proposed expendi- ture is such an amendment, revision, or modification of the adopted budget for the City of Dubuque for the fiscal year beginning July 1, 1977. NOW THEREFORE. BE IT RE. SOLVED BY THE City Council of the City of Dubuque, Iowa: Section t. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque as to the expendi- ture of certain general revenue sharing funds. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 5th day of July. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Notice of Public Hearing The State and Local Assistance Act of 1972 (commonly known as the Revenue Sharing Act) has been amended to require that a public hearing be held on how revenue sharing funds to which the City of Dubuque is entitled are to be used. The budget as adopted for the City of Dubuque is now proposed to be amend- ed by the Dubuque City Council for the fiscal year beginning July 1. 1977 and ending June 30, 1978. The budget as it is proposed to be amended is summarized as follows: Financed with General Financed with Total Program Area Revenue Sharing Funds Other Resources Program Costs Public Safety $ 924,341 5 3,937,760 $ 4,862,101 Health 84,109 414,562 498,671 Education 42,000 335,675 377,675 Home & Community Environment 25,042 6,454,450 6,479,492 Economic Opportunity 290,954 399,316 690.270 Leisure Time Opportunity 0 1,509,508 1,509,508 Transportation 276,980 3,966,293 4,243,273 Administration & Support 20.000 932.821 952,821 Totals $1,66:1,426 $17,950,385 $19,613,811 Adjourned Regular Session, The purpose of the budget amend- ent is to transfer $553,960 in unen- imbered funds in the General Revenue Sharing account to the Iowa Street Parking Ramp Construction fund to be applied towards the construction cost of the expansion of the Iowa Street Park- ing Ramp. A copy of the proposed budget amendment for the City of Dubuque is available for inspection in the Office of the City Manager in City Hall during the hours of 8:00 a.m. to 5:00 p.m.. Monday through Friday. A copy of the proposed budget is also available for inspection in the Dubuque Public Library. A public hearing on the adoption of the budget amendment for the City of Dubuque will be held at 7:30 p.m. on July 18, 1977 in City Council Chambers, City Hall, 13th and Central. Dubuque, Iowa. All citizens attending the public hearing shall have reasonable oppor- tunity to provide written and oral com- ments and to ask questions concerning the proposal to amend the budget and the relationship of revenue sharing funds to the entire budget. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 257-77 Resolution directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1978 Budget and Dale of Public Hearing WHEREAS. an amendment is proposed to the Fiscal Year 1978 bud- get; and WHEREAS, Section 384.16. Code of Iowa, stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RE. SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Clerk is her- eby authorized and directed to publish the proposed amendment to the Fiscal Year 1978 budget and the date of public hearing. Passed, approved and adopted this V 5, 1977 363 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote. Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 29, 1977 Honorable Mayor and City Council The Federal Highway Administration and Iowa Department of Transportation have authorized the City of Dubuque to proceed with protective acquisition with a portion of the Siegert farm for right-of-way for the Northwest Arterial. This property lies immediately adjacent to the westerly Dubuque city limits and is shown upon the attached vicinity map. The Iowa Department of Transporta- tion has more recently authorized the use of Federal Aid to Urban System Funds in this acquisition project. This funding arrangement will provide for 70% federal cost sharing in the acquisi- tion. We had formerly anticipated that this project would be strictly a local responsibility. In order to qualify this project for federal assistance, however, it is neces- sary that the acquisition be undertaken by a federally -certified right-of-way agent. At this time only the Iowa Department of Transportation has such certification. The Right -of -Way Department of the Iowa Department of Transportation has agreed to undertake the acquisition of a portion of the Siegert farm on our behalf. Their administration of the project requires authorization by the C itv of Dubuque, and we have attached a proposed project agreement for this purpose. The agreement contains a forth of resolution for Council adoption, authorizing the Mayor to act on behalf of the City in the endorsement of this participation agreement. We respect- fully request your approval of the at- tached Resolution and Project Agreement. Daniel Dittemore Director of Community Development 364 Adjourned Regular Session, July 5, 1977 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Department of Transportation Agreement For Federal Aid Urban System Project City: Dubuque County: Dubuque Project No.: M-2961 (1)-81-31 Iowa Department of Transportation Agreement No.: 77-F-104 WHEREAS, pursuant to Sections 306A.7, 306A.8, 313.21 and 314.5, and Chapters 471 and 472, of the 1977 Code of Iowa, the City of Dubuque, herein- after called the CITY, and the Iowa Department of Transportation, High- way Division, hereinafter called the STATE, may enter into an agreement respecting the financing, planning, es- tablishment, improvement mainten- ance, use or regulation of public way in these respective jurisdictions, and it is their opinion that'the improvements in the traffic carrying capacity of the many streets is necessary, and desirable, and WHEREAS, the Congress of the United States has provided for the Federal aid Urban System, hereinafter called FAUS, and Congress has made funds available through the Federal Highway Administration, hereinafter called the FHWA, the improvement to the FAUS, these funds being adminis- tered the the STATE, and WHEREAS, the STATE has estab- lished Policy 820.01 to effectively ad- minister the FAUS program in Iowa, and WHEREAS, FAUS funding is availa- ble, subject to the limitations stated in STATE Policy 820.01, for reimbur- sement of up to seventy percent (70%) of the costs relating to an improvement on the FAUS and local funds are to be used for the remainder of the improvement costs. a minimum of thirty per cent (30%) and WHEREAS, the City by letter dated May 5, 1977 has requested and obtained approval from FHWA authorizing the advance acquisition of a parcel of right of way using CITY funds with the CITY to be reimbursed from FAUS funds for costs associated with the acquisition for the North West Arterial, the subject of Iowa State Highway Commission Agreement No. 74-FI47 for M-5037 Session, July 5, 1977 (600)-81-31. WHEREAS, the City has requested and the STATE has agreed to act as agent on behalf of the CITY in the acquisition of a parcel of right of way known as the Joseph F. Siegert Farm and may agree to acquire an additional parcel or parcels of right of way in accord with the terms of this agreement. NOW, THEREFORE, BE IT AGREED: I. The acquisition of the Siegert farm parcel shall be accord with attached exhibit "Federal Aid Right of Way Exhibit". 2. The STATE may agree to acquire an additional single parcel or parcels on the project as an advanced acquisi- tion should FHWA approve such acqui- sition and the STATE has sufficient staff time to do so. CITY requests for the STATE to make an additional advanced acquisition(s) shall be submitted to the STATE'S Office of Right of Way six (6) months prior to the date the right of way acquisition is to begin and shall note the proposed completion date for the acquisition of the parcel. The STATE shall determine if the request can be included in currently scheduled work and shall notify the CITY accord- ingly. The terms of this agreemtnt shall apply to all future STATE acquisitions except as they may be modified by either the CITY'S request that the STATE do additional work or the STATE'S notice that the STATE will do so. 3. That this agreement is in accord with Chapter 28E of the Code of Iowa. 4. That this agreement will terminate on completion of this highway improvement. 5. That this agreement will be filed in the Secretary of State's Office and recorded in the Office of the Dubuque County Recorder. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 77-F-104 as of the date shown op- posite its signature below. Signed: Emil Stackis Mayor, City of Dubuque Dated July 5, 1977 1, the undersigned, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, a municipal corporation duly organized and existing under the laws of the State of Iowa, DO HEREBY CERTIFY that the members of the City Council on the 5th day of July, 1977, by the call of yeas and nays recorded below and that these resolutions are now in full force and effect: RESOLUTION NO. 258-77 Resolved, that this municipal cor- Adjourned Regular Session, July 5, 1977 365 p„' aU n be and it is hereby authorized to enter into an agreement with the Iowa Department of Transportation acting for the State of Iowa, subject to the terms and conditions as set forth in Agreement No. 77-F-104 for the pur- chase of a parcel of right-of-way, signed by Emil Stackis and, dated July 5, 1977, attached hereto and by reference made a part hereof: and RESOLVED FURTHER, that Emil Stackis. is hereby empowered and dir- ected to execute the same in the name of this municipal corporation. Members of the City Council: Yeas — James E. Brady. Walter A. Pregler, Emil Stackis, Thomas A. Tully, Richard Wertzberger; Nays — None. In witness whereof, 1 have hereunto subscribed m y name at Dubuque. Iowa, this 5th day of July. 1977. Signed Leo F. Frommolt City Clerk of Dubuque Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing ollowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. June 29, 1977 Honorable Mayor and City Council The Department of Housing and Ur- ban Development has announced the availability of additional contract auth- ority for Section 8 Existing Housing units. You may recall that the City of Dubuque had executed a prior contract under thy+ program on March 5, 1976, providing for assistance in not more than 249 existing housing units. As the lease -up period of this program draws to a close. we are pleased to announce that rent assitance contracts are in force for nearly the full complement of author- ized units. However, our experience so far indicates a continuing need for as- sistance in this program. As we prepared the Housing Assis- tance Plan for our FY 1978 Community Development Block Grant, we had de- termined that there was an immediate need for assistance to an additional 100 dwelling units in the Section 8 Existing Housing program in that fiscal year. In response to HUD's recent announ- cement of available contract authority, we propose to now make application for those addiuunal units. We have attached two resolutions establishing our application for an ad- ditional 100 units in the Section 8 Exist- ing Housing program. The Dubuque Housing Commission respectfully requests your favorable consideration of these resolutions. Dubuque Housing Commission Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. RESOLUTION NO. 259 -TT WHEREAS, the City of Dubuque has exercised its powers under Chapter 403A of the 1966 Code of Iowa, as amended, to function as a Public Hous- ing Agency; and WHEREAS, the City of Dubuque has executed an Annual Contributions Contract with the U.S. Department of Housing and Urban Development for 249 units of Section 8 Existing Housing effective March 5, 1976, and revised June 1, 1977, known as Project No. IA 05-EO87.001 and 002, Contract No. KC -9004E; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has recently requested that the City of Dubuque submit a copy of auth- orized signatories for financial forms which from time to time are required to be submitted to HUD as part of the operation of said program; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa: Seewn I. That the City Manager of the City of Dubuque in his capacity is the authorized signatory for financial forms required pursuant to the Contract No. KC -9004E; and Soetlon 11. That the City Manager of the City of Dubuque may appoint the Director of the Department of Com- munity Development to sign such forms in his place. Passed, adopted, and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberlier James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommeh City Clerk Councilman Tully moved adoption of 366 Adjourned Regular Session. July 5. 197 i the resolution Seconded by Council- man pregler. Carried by the folio -mg cote Yeas — Mayor Stackis. Councilmen Brady. Pregler. Tull%-. Wertzberger days — None. RESOLUTION NO. 2W77 WHEREAS. the City of Dubuque functions as a Public Housing Agency pursuant to provisions of Chapter 403A of the 1966 Code of Iowa. as amended WHEREAS. the City of Dubuque has approved and submitted a Housing As- sistance Plan for 197"7 through 197•8 to the US. Department of Housing and Urban Development which projects the need for at least two -hundred -fifty (250) Section 8 Existing rental units over the period of the next three years. and WHEREAS. the US. Department of Housing and Urban Development is currently advertising an invitation for any governmental body authorized to engage or assist m the development or operation of housing for low-income families within the Standard Metropoli- tan Statistical Area of Dubuque. to ap- pty for up to one -hundred (100) units under the Section 6 Existing Housing Program: NOW THEREFORE BE 1T RE- SOLVED BY THE City Council of Dubuque- Iowa - Secillon 1. That the City Council has reviewed a copy of a proposed appirca- tion for the City of Dubuque's par- tieipation in a Section 8 Existing Hous- ing Program for 100 units and hereby directs the Mayor of the Cit_v of Dubuque to sign said application. SOC§Dn H. That the Director of the Department of Community Develop- ment is directed to forward said ap- plication in the required number of copies. to the US. Department of Hous. ing and Urban Development before the deadline date of July 12. 19:7. at 4 p.m. Passed, adopted. and approved this 5th day of July. 19-7, -Erni! Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Bradv Walter A- Pregler Councilmen ATTEST Leo F Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council. man Pregler. Camed by the following vote Yeats —!Mayor Stacks. Councilmen Brady, Preglef, Tully. Wertzberger days — done. June 29. 1977 To the Honorable Mayor and City Council Bids for the Iowa Street Parking Ramp were received today June 29. 1977. The engineering firm that has designed the facilities are now evaluat- ing bids and veil make their evaluation late this week. We could like to present the results of the bidding and our recommendation of the contractor for the project at the regular Council Meeting on Tuesday. Jul• 5. 1977 We also will then be asking the Council to adopt Resolutions recommending Receipt of Bids and Award of Contract Francis A. Murray Public Works Director Councilman Pregler moved that the communication be received and filed Seconded by Councilman Wertzberger Carried by the following vote - Yeas — Mayor Stackis. Councilmen Brady. Pregler. Tully, Wertzberger Nays —None Jul- 5.19-17 To the Honorable Mayor and City Council Seated bids for the expansion of the Iowa Street Parking Ramp were received until 1000 am- on June 29. 1917. The low bidder was JP Cullen and Son Construction Company. Janesville. Wisconsin. The bid was taken with a number of alternates and total bid with all alternates was 51.601.261 The en- gineer's estimate was $1,672.960. We are still evaluating the feasibility of the installation of electric snout melting equipment ($15.000) and taking credit for an asphaltic surface on the lower deck ($17.000) We would like to reserve option on these two items until a later date. We would therefore request your adoption of a Resolution awarding the contract to J P. Cullen and Son Con- struction Company for $1.601.2261 Gilbert D Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger Carried by the following vote Yeas — Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger Nays — None. (Awar" Contract) RESOLUTION NO. 261-77 WHEREAS. sealed proposals have been submitted by contractors for the .Addition of 300 Parking Spaces and Adjourned Regular Session, July 5, 1977 367 Related Facilities to the Iowa Street Parking Ramp, 7th and Iowa Street, Dubuque, Iowa pursuant to Resolution No. 159.77 and notice to bidders pub- lished in a newspaper published in said City on, June 10, 1977: and WHEREAS, said sealed proposals were opened and read on June 29, 1977, and it has been determined that the bid of J.P. Cullen and Son Construction Corporation of Janesville, Wisconsin in the amount of $1.601,261 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 Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to J.P. Cullen and Son Construction Corporation, Janesville, Wisconsin subject to availability of funds 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 5th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Abstain — Councilman Tully. RESOLUTION NO. 262-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the ordinances of the City CLASS " B" BEER PERMIT Securities Building Corporation. (Also Sunday Sales, )1500 John F. Kennedy Triangle Investments Inc., (Also Sun. day Sales), 1575 J.F.K. Road CLASS "C" BEEN PERMIT Randall's International Inc., 2013 Cen- tral Ave. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilmen Pregler. Carries by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 263-77 WHEREAS, applications for Beer Permits 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 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 Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit CLASS "B" BEER PERMIT Securities Building Corporation, (Also Sunday Sales), 1500 John F. Kennedy Triangle Investments Inc.. (Also Sun- day Sales), 1575 J.F.K. Road. CLASS "C" BEER PERMIT Randall's International Inc., 2013 Cen- tral Ave. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo V Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mavor Stackis, Councilmen 1J 368 Adjourned Regular Session, July 5, 1977 Brady, Pregler, Tully, Wertzberger. Nays — None. Application for Transfer of Beer Per- mit of William J. Baum from 2295 Cen- tral Aven. to 500 Rhomberg Ave.. pre- sented and read. Mayor Stackis moved that the transfer be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 264-77 WHEREAS, applications for Liquor Licenses have been submitted to This Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Fischer and Co., Inc., (Also Sunday Sales), 880 Locust Street Clarence Richard Jones, (Also Sunday Sales). 1618 Central Avenue Kenneth Jerome Love, 802 Central Avenue Ritz Lounge, Inc., 2126 Central Avenue Hazel E. Koeller, 2987 Jackson Street Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 265-77 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 Session, July 5, 1977 Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE 1T 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" (COMMERICAL) BEER AND LIQUOR LICENSE Fischer and Co., Inc., (Also Sunday Sales), 880 Locust Street Clarence Richard Jones, (Also Sunday Sales), 1618 Central Avenue Kenneth Jerome Love, 802 Central Ave. Ritz Lounge, Inc., 2126 Central Avenue Hazel E. Koeller, 2987 Jackson Street Passed, adopted and approved this 5th day of July, 1977. Mayor Emil Stackis Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 266-77 BE 1T RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. Bishop Buffet, Inc., Kennedy Mall Book Nook, Inc., 902 Main St. D.B.Q. Inc., 4th and Locust St. Dixie Jungblut, 1399 Jackson St. Dolter's Food Inc., 910 Dodge Street Jeannine A. Kersch, 1555 Central Ave. Francis W. Kuhle, 3201 Central Ave. Orville P. Murphy, 139 Locust St. Dolores E. Roeth, 600 Central Ave Lowrie E. Smith 521 E. 22nd St. Thompson's Food Market I, 250 West 1 st St. Jerry and Mary Turner, 431 Rhomberg Ave. Bernard Willenborg, 1301 Rhomberg Ave. Triangle investment Inc., 1575 John F. Kennedy Adjourned Regular Session, July 5, 1977 369 Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler.'rully. Wertzberger. Nays — None July 1, 1977 To the Honorable Mavor and Members of the City Council In accordance with the provisions of Chapter 401 of the Code of Iowa, 1977, the Civil Service Commission conduct- ed written examinations on May 24. 1977 and physical agility tests on June 14, 1977 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: Althaus. Stephen J 90% Lentz, Michael E. 90% Corbett, Terrance J 85% Kutsch. Patrick L. 82% Zickuhr, Douglas W. 82% Rogers, Gerald W. 80% Schmitt, Kenneth F. 77% Burds, Michael W. 75% The above list comprises the ap- plicants that have passed both the writ- ten and physical examinations. A second list is not available. Carolyn Farrell, BVM Chairperson John E. Hess Civil Svr u e Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this Ist day of July, 1977. Z D. Hantelmann Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady. Pregler, Tullv. Wertzberger. Nays — None. Communication of City Attorney Russo submitting an opinion as to the leasing of city -owned property by any Board or Commission who is charged with the management and operation of real estate, specifically if the leasing of real estate is for more than three veers, presented and read. Councilman Wertzberger moved that the commun. ication be received and filed. Seconded by Councilman Tullv. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. At 10:55 P.M. Councilman Brady moved to go into Executive Session to discus~ Personnel. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Tully. Nays — Councilmen Pregler, Wertzberger. Council Reconvened in Regular Ses- sion at 12:25 P.M. with the Mayor stat- ing that Administrative policy would be left up Co people involved. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt Citv Clerk Approved January 16, 1978 Adopted January 16, 1978 ial Session. July 13, 1977 CITY COUNCIL OFFICIAL Special Session, July 13. 1977 Council Met at 4:15 P.M. (C.D.T.) Present — Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis 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 Business as may properly come before the meeting. At 4:50 P.M. Mayor Stackis moved that the Council retire into an executive session to discuss negotiations pre- sently going on with the City fir- efighters. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Wertzberger. Nays — Councilmen Tully, Pregler. Council reconvened at 5:19 P.M. Councilman Wertzberger moved that the City negotiators use every means within their discretion to break present impasse to settle with the firefighters. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Councilmen Pregler, Tully. Wertzbrger. Nays — Mayor Stackis. Councilman Brady. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Leo F. Frommelt City Clerk Approved January 16, 1978 Adopted January 16, 1978 Special Session, July 18, 1977 371 CITY COUNCIL Official Special Session, July 18. 1977 Council met at 7 30 P M. (C.D.T.) Present — Mayor Stackis. Council- men Brady. Pregler. Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Tully, Mavur Stackis read the call and stat- ed that service thereof had been duly made and this meeting is called to COW duct Public Hearings on Various Rezoning Ordinances and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. O'Brien of Nativity Church. Communication of Community Development Commission submitting minutes of their meeting of June 28, 1977, presented and read. Councilman Wertzberger moved that the minutes he received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dubuque Dock Commission submitting minutes of their meeting of June 15. 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Airport Commis- sion submitting minutes of their meet- ing of June 23, 1977, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Planning and Zoning Commission submitting min- utes of their meeting of July 8., 1977, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of July 7, 1977, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Five Flags Civic Center Commission submitting minutes of their meeting of July 12, 1977, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Iowa D.E.Q. issu- ing water main extension permit for Timber Ridge Subdivision, presented and read. Counicilman Wertzberger moved that the communication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Neva Shoars ex- tending sincere appreciation for recog- nizing the Hill Neighborhood Ass'n. some time ago, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilmas Tully. Communication of Thomas Andre- sen., location Manager for Huron Productions, expressing thanks to the Council for its encouragement and as- sistance in the production of the movie " FA.S.T.", presented and read. Council- man Wertzberger moved that the com- munication be received and filed. Seconded by Councilman Pregler. Car- ned by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. J 372 Special Session, July 18 1977 Communication of the Housing Commission being interested in meeting with the Counicil relative to recent resolution regarding Housing Code en- forcement for discussion, presented and read. Councilman Wertzberger moved that the communication be received and filed and Manager directed to set date for meeting. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Peoples Natural Gas advising of an average increase of 1.13% in gas rates to be effective on and after July 25, 1977, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of publication, certified to by the Publisher, of proposal to cover sub- mission of proposal to the Economic Development Administration for var- ious public works project, effective to 7-15-77; Flora Park Tennis Courts, Schmitt Harbor Boat Ramp, Edwards and RET Sewers, Park Improvements, Renovate City, Hall, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Preglsr, Wertzberger. Nays — None. Absent — Councilman Tully. July R, 1977 Honorable Mayor and City Council Environmental assesement reviews of the following identified public works projects were conducted on June 29, and a finding of "no significant effect on the environment" was rendered for each of the projects. Reconstruction of Flora Park Tennis Courts Construction of Schmitt Harbor Boat Ramp Construction of Edwards and RET Sanitary Sewers Marshall and Roosevelt (FDR)Park Improvements Renovation of City Hall Copies of the reviews were placed on file in the City Clerk's Office and notice of the availability of the findings for public inspection was published in the Telegraph Herald On July 5, 1977. We have received no written or oral comments concerning any of the projects or the findings. We would request that the letter together with the affidavit of publica- tion be made a matter of public record. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher, of Receipts and Disbur- sements, also list of claims for month of May, 1977, presented and read. Coun- cilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Printed Council Proceedings for the months of February and March, 1977, presented for approval. Councilman Wertzberger moved that the proceed- ings be approved as printed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Five Flags Center Building Committee requesting time to secure approval of plans and budget for the Five Flags Civic Center, pre- sented and read. Councilman Wertz- berger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tullv. Mrs. Merritt, Mr. Nigg, Mr. Bowen and Mr. Burchett addressed the Council relative to the communication, stating completion of Civic Center is expected to be by late Fall 1978 or early part of 1979. Wm. Herrig, Business Agent of Plumbers and Pipe Fitters, spoke to Council requesting separate contracts be let in the bidding of the Civic Center. Mayor Stackis moved that bidding be done by separate contracts. Seconded )ecial Session, Jul by Councilman Brady. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Mayor Stackis. Councilmen Brady. Nays — Councilmen Pregler, Wertzberger. Absent — Councilman Tully, MO- TION FAILED. Councilman Pregler moved to accept recommendation of members of Build- ing Committee and Staff and go for one contract. Seconded by Council- man Wertzberger. VOTE ON THE MO- TION WAS AS FOLLOWS: Yeas — Councilmen Pregler, Wertzberger. Nays — Mayor Stackis. Councilman Brady. Absent — Councilman Tully. MO. TION FAILED. Councilman Wertzberger moved that the decision on the method of bidding be tabled until next meeting. Seconded by Councilman Pregler. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas — Councilmen Wertzberger, Pregler. Nays — Mayor Stackis. Councilmen Brady. Absent — Councilman Tully. MO- TION FAILED. Mayor Stackis moved approval of plans in amount of $3.662,342 and Bud- get be approved Seconded by Council- men Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Councilman Wertzberger moved that the communication of Five Flags Center Building Comittee be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of County Extension Director, James Meek, looking forward to the appointment of three people to represent the City as part of a bill providing for the establishment of tem- porary county land use policy commis- sions which was passed at the last legislative session, presented and read. Mr. Meek spoke to the communica- tion requesting appointments be made by August 28th; 3 positions can be either from the Council OR made by the Council. Councilman Wertzberger moved that the communication be received and filed and referred to 18, 1977 373 Council. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Sinclair Market. ing Inc. withdrawing its request for the vacation of a portion of Terminal Street to allow relocation of an asphalt truck loading rack, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dubuque Tennis Ass'n. expressing thanks for recent Council action in appropriating $60,000. for the renovation of Flora Paris Tennis Courts, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dubuque Area Development Ass'n. requesting finan- cial participation from the City for mar- ket study of the Downtown Area, pre- sented and read. Nick Schrup, Tim O'Brien and George Upper spoke to the communication. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 13, 1977 Honorable Mayor and City Council The staff has met with representa- tives of the Downtown Area Develop- ment Association and has reviewed the proposal of the Development Control Corporation for a study of various stra- tegies for development of downtown urban renewal property. We feel that the proposed study will he a valuable tool in the continuing efforts of both ourselves and of the private sector to successfully complete the downtown urban renewal project. We recommend your favorable con- sideration of the Association's request for City participation in the proposed 374 Special Session, July 18. 1977 study, at the amount requested. We also recommend that the Dubuque Area Development Asociation be authorized to contract such a study in their name, with our financial support pledged to the effort. Gilbert D. Chavenelle City Manager Councilman Pregler moved to accept City Manager's recommendation and authorize expenditure of $6,000.00. Seconded by Councilman Wertzberger. Carred by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. July 12, 1977 Honorable Mayor and City Council I would request your consideration in the matter of acquisition of the Trenkle property for the purpose of housing city government and for future develop- ment. I am desirous of the Council's input and response on the matter. The urgency for this stems from the im- pending sale of the property to a private developer. Former Mayor Al Lundh has been assisting me with development of this project and will attend the Council meeting to explain the options available. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be referred to Council. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Architect Al Lundh urging consideration for the purchase of the Trenkle property, pre- sented and read. Architect Al Lundh and Realtor Peter Takos, representing owner, spoke to communication. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Honorable Mayor and July 12, 1977 Members of the City Council It is my understanding that you have received correspondence from Mr. Arthur J. Roth, Jr., City Health Director, pertinent to the possible appointment of a Medical Consultant for the Cite Health Department Dr. Edward Scott, M D is a practicing physician in Dubuque with Medical As- sociates. He is 34 years of age and a Vietnam veteran of the U.S Medical Service. Dr. Scott received his medical school training at the University of Iowa, and in 1974 received his Master of Public Health degree in epidemiology from Harvard University. Dr. Scott is very interested in the public health aspects of medicine and has the permis- sion of Medical Associates to assume this position if tendered. It is by belief that his training and interest in public health would be a valuable asset to the City Health Department and to the City of Dubuque. I would therefore recommend that Dr. Scott be employed as Medical Consultant. Gilbert D. Chavenelle Citv Manager Councilman Pregler moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None Absent — Councilman Tullv. July 1. 1977 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, 1977 through June 30, 1978. 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 Pregler moved that the communication be received and filed and request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Councilman Brady suggesting creation of a residen- tial parking sticker in Downtown Re- sidential Districts, presented and read. Councilman Wertzberger moved that Special Session, July 18, 1977 375 the communication he referred to Council, City Solicitor and City Man- ager for investigation and report. Seconded by Councilman Pregler. Car- ved by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tullv. Communication of Councilman Brady suggesting a proposed revision to conditional use permits, presented and read. Councilman Wertzberger moved that the communication be referred to the Planning and Zoning Commission for investigation and report. Seconded by Councilman Pregler. Carried by the following vote Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. 1 Absent — Councilman Tully. Notice of Claim of Marilyn K. Dix, in the amount of $91.59, for car damages incurred as the result of a ball being driven into the windshield of her car from the City -owned playground at 14th Street, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Councilman Tully. Notice of Suit of Pamela and Dale Lightfoot vs. Jeffrey Joseph Decker and the City on six counts of $60,000., $5.000., $25.000., $6(1,0110., $5.000. and $25,000. as the result of an automobile accident at E. 24th and Jackson on Jan. uary 1, 1977, presented and read. Coun- cilman Wertzberger moved that the Notice of Suit be referred to the City Solicitor for investigation and report Seconded by Mayor Stackis. Carried b\ the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger Nays — None. Absent — Councilman Tullv. Notice of Claim of Mrs. Ronald Red. mond, in the approx. amount of $200., for expenses incurred in the repair of a broken sewer line due to the collapse of a city sewer at intersection of Rosedale and St. Ambrose Streets on July 6. 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred it) the Citv Solicitor for investigation and report Seconded by Mayor Stackis Carried by the fol lowing vote: .. 7► -- Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent —Councilman Tully. Communication of Attorney William R. Hartmann, advising that he has been retained by Richard Jasper et ux of 716 E. 22nd Street, to represent their inter- ests regarding an accident involving their son and seeking compensation in the amount of =25,000., presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ned by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider amending Zoning Or- dinance of property in Birch Acres, pre- sented and read. No written objections were received and or oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of pub- lication be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. AN ORDINANCE amending and changing Zoning Ordinance No. 32.75 so as to reclassify property in Birch Acres from R-3 Residential to R-2 Re- sidential District Classification was WITHDRAWN by request. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider amending Zoning Or- dinance No. 32.75 of property in Clar- ence Polfer Place Lot I of Sub. of 1 of 1 of 1 of 1 of 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 Wertzberger moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Car- ned by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent —Councilman Tully. ORDINANCE NO./A-77 AN ORDINANCE amending and changing Ordinance No -U-75 known as the "Zoning Ordinane and Zoning Map of the City of Dubuque, Iowa". so as to reclassify hereinafter described proper - iv in "Clarence Polfer Place" in the City 376 Special Session, July 18, 1977 of Dubuque, Iowa, from C-3 Arterial Business Comerical District Classifica- tion to OR-I"a" Office.Residential Dis- trict Classification, said Ordinance hav- ing been previously presented at the Council Meeting of June 20, 1977, presented for final adoption. ORDINANCE NO. 48-77 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 PROPERTY IN "CLARENCE POLFER PLACE" IN THE CITY OF DUBUQUE, IOWA, FROM C-3 AR- TERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION TO OR -1"a" OFFICE -RESIDENTIAL DISTRICT CLASSIFICATION 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 Ordinance and Zoning Map of the City of Dubuque. Iowa" be and the some is hereby amended by changing from "C-3 Arter- ial Business Commerical District" clas- sification to "OR -1"a" Office -Residen- tial District" classification the following described real estate: Lot I of the Sub of Lot I of Lot 1 of Lot I of Lot I of Lot.] in "Clarence Polfer Place" in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and -Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 18th day of July, 1977. Emil Stachis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July, 1977. Leo F. Frommelt City Clerk 117:21 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 to classify recently annexed terri- tory described as Lot 20 and 21 of "Jaeger Heights" and Lot 2 of the Sub. of Lot 2 of Lot 2 in "Schrup's Subdivi- sion in Section 1 Table Mound Twp. in an "R-2 Residential District Classifica- tion", 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 Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. ORDINANCE NO. 49-77 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 zone and classify hereinafter described territory recently annexed to the City of Dubuque. Iowa, in "Jaeger Heights" and "Schrup's Subdivision" in an R-2 Residential District Classification, said Ordinance having been previously presented and read at the Council Meeting of June 20, 1977, presented for final adoption. ORDINANCE NO. 49-77 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 ZONE AND CLASSIFY HEREINAFTER DESCRIBED TER- RITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE. IOWA, IN "JAEGER HEIGHTS" AND "SCHRUP'S SUBDIVISION IN AN R-2 RESIDENTIAL DIS TRICT CLASSIFICATION WHEREAS, the real estate herein. ufter described was recently annexed to, and became part of the City of Dubuque, Iowa. by Resolution No. 113-77 of the City Council, passed, ap- proved and adopted at its meeting of April 18, 1977, which annexation was upon voluntary petition, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque. Iowa, has approved and recommended that said territory recentlyannexedund Special Session, July 18, 1977 hereinafter described he zoned and classified as an -R-2 Residential District." NOW THEREFORE BE IT OR- DAINED BY THE City Council of the Cq%. of Dubuque. Iowa: Section 1. That Ordinance No :32.75. known as the "Zoning Ordinance and Zoning Map of the0ty of Dubuque. Iowa", he and the same is hereby amended by zoning and classifying recently annexed temtory hereinafter described, as an -R-2 Residential Dis- tnct" to Wit Lot 20 and Lot 21 of "Jaeger Heights", and Lot 2 of the Sub of Lot 2 of Lot 2 in "Schrup's Subdivi- sion" in Section I Table Mound Township, in the City of Dubuque. Iowa Section 2. Thur the said temtory shall become and he part of the 24th Voting Precinct of the City of Duhuque. Iowa Pos-sed, apprrved and adopted this IRth day of July. 1977 Emil Stackis Ma,,rnr Richard Wer1<hergcr James E. Brady Walter A Pn-gler Councilmen A TTE: S T. Leo F. Fmmmeit City Clerk Published officially in the Telegraph Herald Newspaper- this 21st day of July 1977 I.eo F Frrmmelt City Clerk It7.21 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler Carried by the fol- lowing vale Yeas — Mayor Stackis. Councilmen Brady. Pregler, Wertzberger Nays— None Absent — Councilman Tullv. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32.75 to reclassify Lots 9 through 19 of "Jaeger Heights Subdivision".Section 1. Table Mound Township, from R-4 Re- sidential District Classification" to R-2 Residential District Classification.— pre rented and read No written objections were filed and no oral oblectosrs were present in the Council Chamber at the time set for hearing Councilman Wertzberger moved that the proof of Publication be retried and tiled Seconded by Pregler Yeas — Mayor Stackis t imm ilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher. of Notice of Public Hear. ing to amend Zoning Ordinance No. 32 75 to reclassify lots 9 through 19 of "Jaeger Heights Subdivision Section 1, Table Mound Township, from "R-4 Re- sidential District Classification" to "R-2 Residential District Classification," pre. sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car. ried by the following vote Yeas — Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. ORDINANCE NO. 50-77 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 property in "Jaeger Heights Subdivi- sion" in the City of Dubuque, Iowa, from R-4 Residential District Classifica- tion to R-2 Residential District Clas- sification, said Ordinance having been previously presented and read at the Council Meeting of June 20. 1977, pre- sented for final adoption. ORDINANCE NO. 50-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32.75, KNOWN AS THE "ZONING ORDINANCE AND ZONINC MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DESCRIBED PROPERTY IN "JAEGER HEIGHTS SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA, FROM R-4 RESIDENTIAL DISTRICT CLASSIFICATION TO R-2 RE- SIDENTIAL DISTRICT CLASSIFICATION NOW 111FRE.'FORE BE ORDAINED BY THE City Council of the City of Dubuque, lowu Section 1. 7'hut Ordinance Na 32.75, ),rune rr as the "'Luning Ordinance and /,long Map of the City of Dubuque, lowu." he and the same is hereby urornrlecJ by changing from "R-4 Re- .,dential District" classification to "R-2 Residential District" classification the following described real estate, to wit: Lots 9 through 19 of "Jaeger Heights 378 Special Session, July 18 1977 Subdivision". Section 1, Table Mound Township, in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque. Iowa. Passed, adopted and approved this 18th day of July. 1977. Emil Stackis Mayor Richard Wertzberger James E. Brody Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July. 1977. Leo F. Frommelt City Clerk 117:21 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. AN ORDINANCE authorizing Lloyd S. Gudenkauf to construct an 8" rein- forced concrete wall between Adair and Dexter St.; hold City harmless, present- ed and read. Lloyd S. Gudenkauf spoke to the Ordinance. Mayor Stackis moved to table the Ordinance to the meeting of August 1, 1977. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. ORDINANCE NO. 51-77 AN ORDINANCE authorizimg Paul Peckosh to construct an ornamental Iron Fence, presented and read. Coun- cilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meetintg when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent — Councilman Tulp• ORDINANCE NO. 51-77 AN ORDINANCE AUTHORIZING PAUL PECKOSH TO CONSTRUCT AN ORNAMENTAL IRON FENCE NOW THEREFORE BE 11OR- DAINED AY THE City Council of the City of Dubuque, Iowa: Section 1. That Paul Peckosh as owners of the premises known as Lot 3 and E. 30 ft. of Lot 4, both of .sub -div. of Lots 2 and 3 of Mrs. L.N. Langworthy's sub -div. of part of Mineral Lot 73 in the City of Dubuque, Iowa be and they are hereby granted the revocable permit and authority to construct and main- tain an ornamental iron fence 100 feet in length under the terms and condi- tions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by City Manager, under the supervision and direction of the Man- ager and in accordance with all ap- plicable state and federal laws and regulations and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or mainten- ance of said ornamental iron fence; 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, instal- lation, existence, construction or main- tenance, of said ornamental iron fence, sustained by any person or persons, caused by accident or otherwise, to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of an ornamental iron fence and to pay reasonable 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, Special Session, July 18, 1977 379 installation, construction, maintenance and repair of the facility, work or im- provement permitted herein Section 4. That the permission herrin granted is expressl' conditioned upon permittes further agreement that should the right and privilege herein granted by 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 or written notice from the City Manager, so to do at their own expense, remove said ornamental iron fence and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said ornamental iron fence, at permittees expense and dispose of same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said ornamental iron fence. Section S. Permittees covenant and agree thut the revocable permit herein granted does not constitute an approval of the design, erection, location, con- struction repair or maintenance of said facility and said permittee hereby covenant and agrees not to a assert such claim or defense against the City of Dubuque in the event of claim as- serted for personal injuries and:or property damage against the permittee arising out of or in any connected with the location installation construction design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights her- eunder accrue to Paul J. Peckosh when this Ordinance has been adopted by the City Council and the terms and condi- tions thereof accepted by permittees by acceptance endorsed on this Ordinance. Passed, approved and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brody Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City C k,rh ACCEPTANCE OF ORDINANCE NO. 51-77 The undersigned huvrng reud and N, ing familiar with the terms and condi Wits of Ordinance No. 51-77 hereby, for themselves, their successors or assigns, us owners of the abutting property. accept the some and ugree to he hound by the conditions and agreements (her. ern contained to by performed by permittees. Dated July 12, 1977 By: Paul J. Peckosh Property Owner Published officially in the Telegraph Herold Newspaper this 21st day of July, 1977 Leo F. Frommelt City Clerk 117:21 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tullv. ORDINANCE NO. 52-77 AN ORDINANCE of the City 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 or pans of streets designated as thmugh streets. presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, 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 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilmen Tulle ORDINANCE NO. 52-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDIW ANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING SUBSECTION 21 AND SUB. SECTION 41 OF SECTION 25-209 OF SAID CODE: PROVIDING THAT VEHICLES STOP BEFORE ENTERING THOSE STREETS OR PARTS OF STREETS DESIGNAT- ED AS THROUGH STREETS NOW THEREFORE BE 17- OR DAINED BY THE City Council of the City of Dubuque, Iowa: Section I. That Subsection 21 and Subw( twn 41 of Section 25-'109 of the 380 Special Session, July 18, 1977 Code of Ordinances, of the City of Dubuque. Iowa, be amended so that such subsections shall read as follows: "Sec. 2S-209 (b) When signs are erected giving notice thereof. drivers of vehicles shall stop at every intersection before entering any of the follow- ing streets which are designated as through streets: 21. Kerper Blvd. from East Ninth Street to the South property line of Hawthorne Street. 41. East Sixteenth Street from Elm Street to the west property line of KerperBlvd, and from theeast proper- ty line of Kerper Blvd. to itsEasterly terminus." Passed, approved and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST; Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July. 1977. Leo F. Frommelt City Clerk 117:21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. ORDINANCE NO. 53-77 AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Section 25-162 of said code; providing that heavy vehi- cles be prohibited on certain streets, presented and read. Mayor Stackis 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 Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tullv. ORDINANCE NO. 53-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-162 OF SAID CODE: PROVIDING THAT HEAVY VEHICLES BE PROHIBITED ON CERTAIN STREETS NOW THEREFORE BE IT ORDAI- NED BY THE City Council of the City of Dubuque, Iowa: Section 1. That Section 25-162 of the Code of Ordinances of the City of Dubuque. Iowa, be amended to provide that: Sec. c. 2S-182. Heavy vehicles prohibited on certain streets. (a) When signs are erected giving notice thereof, no person shall operate a vehicle of five (5) tons gross weight, or over, on those streets or portions ther- eof designated from time to time, ex- cept those vehicles actually engaged in making deliveries to or servicing such streets and the businesses, residences or other establishments actually abutting on such streets. (b) When signs are erected giving notice thereof no person shall operate a vehicle of five (5) tons gross weight, or over, on the following streets or portions of streets thereof. 1. Grandview Avenue from Mt. Car- mel to Kane Street. 2. Kelly Lane from Fremont Avenue to its easterly terminus. (c) Intra -city buses are exempted from the provisions hereof." Passed, approved and adopted this 18th day of July, 1977 Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July, 1977. Leo F. Frommelt City Clerk lt7:2J Mayor Stackis moved final adoption of the Ordinance. Seconded by Council- Special Session, July 18, 1977 381 man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays — None Absent — Councilman Tully RESOLUTION NO. 267-77 Approving a Plat of a Portion of a Vacated Alley WHEREAS. the City of Dubuque has vacated a portion of a certain alley to prepare the land for sale and WHEREAS. a Lot subdividing that certain alley into Lot 30A South Park- hill, Lot 22A South Parkhill. Lot 1 A, Lot 2A, Lot 3A. Lot 4A and Lot 5A, all of EI -Ru Place in the City of Dubuque. Iowa has been examined by the City Council of the City of Dubuque, Iowa: NOW THEREFORE BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1: ghat the Plat dated .lulu 12. 1977, prepared by John L White, A Registered Land Surveyor, subdividing the following described property into Lots 30A and 22A of South Parkhill Subdivision, and Lots IA, 2A, 3A, 4A. and 5A of EI -Ru Place all in the City of Dubuque. Iowa, being the same is her eby approved: A 16 -foot wide alley from the North property line of Putnam Street to the South property line of 28th Street of the EI -Ru Place and South Parkhill Place in theC ity of Dubuque, Iowa, abutting the West and East property lines of EI -Ru Place Subdivision and South Parkhill Subdivision. Soction 2. That the Mayor and the City Clerk be and they are hereby auth orized and directed to execute said Plat on behalf of the Cnv of Dubuque, Iowa: Section 3: That the City Clerk be and he is herebv authorized and directed to file aeopy of this Resolution in the office of the County Recorder in and for Dubuque County. Iowa. Passed, approved and adopted this 18th day of July, 1977 Emil Stackis Mayor Richard Wertzberger James E. Bradv Walter A. Pregler Councilmen ATTEST: Leo F. Fro mmelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following, vote: Yeas — Mayor Stackis, Count -din •o Brady, Pregler, Wertzbergei Nays — None. Absent — Councilman Tullv_ . AN ORDINANCE vacating a 16' wide alley running from N.P.L. of Putnam street to the S.P L of 28th Street within the EI -Ru Place and Snuthpark Hill Subdivisions, presented and read. Mayor Stackis moved that a public hearing be held on the Ordinance. after publication of notice of sale, on August 1. 1977. Seconded by Councilman Wertzberger. Carried by the following Vote'. Yeas — Mavor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12. 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the Preliminary Develop- ment Plan submitted by HOMZ Partners of Mauison Wisconsin, for their Planned Unit Development propo- sal. The ten acre HOMZ project site lies north of Hogrefe Street west of Sher- idan Road in the City of Dubuque, Iowa, and is depicted on the attached map. The Citv Planning and Toning Com- mission has confirmed that the HOMZ Partners proposal for a 48 unit develop- ment conforms to and meets the requirements of the General Review Standards Applicable to Prelininary Development Plans of Section 4-110-.10-.4 of the Zoning Ordinance and thereby recommends your favora- ble action in concurrence with their recommendations. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed and recommendation approved. Seconded by Councilman Wertzberger. Carriedby the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tullv. AN ORDINANCE of theCity 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 Ordinances and 'Zoning Map of the City of Dubuque. Iowa". which amendment .hall establish a "Planned Unit I)evelopment" designation un property hereinafter described lying nt an R-4 382 Session, July 18, 1977 Residential District on portions of Min- eral Lot 323, Mineral Lot 324, and O'Neill's Riverview Addition in the City of Dubuque, Iowa, presented and read. Mayor Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Mayor Stackis moved that the rule requiring an ordinance to be received and riled at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent— Councilman Tully. Mayor Stackis moved that a public hearing be held on the Ordinance on August 15, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Lyle Lattner et al (22 signers) objecting to the widening of University Avenue, presented and read. Mr. and Mrs. Lattner spoke to the Petition. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of James A. Weber et al ob- jecting to the widening of University Avenue, presented and read. Mr. Weber and Dorothy Dell spoke to the petition requesting agreement not to change University Ave. to 4 lane street and not to remove parking from either side. The Council could see no such changes in the foreseeable future. Councilman Pregler moved that the petition be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Wm. J. Krueger et al (9 signers) requesting a street light on Foye Street, presented and read. Coun- cilman Wertzberger moved that the petition be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12, 1977 Honorable Mayor and City Council This is in response to a petition on file with the City Clerk's office for a street light across from 2289 Foye Street. The area has been inspected and it is my irecommendation that one (1) 4000 lumen incadescent fixture be installed opposite 2289 Foye at the alley. A copy of Electrical Inspector Alber's letter and a plat of the area are enclosed. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the recommendation be approved. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Tri-State Softball Tour- nament requesting a refund of $225. on unexpired portion ofClass "B" Beer Permit No. B-2430-77, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper war- rant. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of St. Patrick's Church requesting a refund of $225., on the unexpired portion of Beer License No. B-1953-77, presented and read. Council- man Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of James R. McIntyre requesting a refund of $100 on an un- used cigarette license, presented and Special Session, Julv 18, 1977 393 read. Councilman Wertzberger moved that the refund he granted and City Auditor directed to issue proper war- rant. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by the Publisher. of Notice to Contractors of the receipt of proposals for construc- tion of 1977 Curb Replacement Project, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed Seconded by Councilman Pregler. Car- ned by the following vote: Yeas — Mavor Stackis, Councilmen Brady. Pregler' WertzbergerNays — None. Absent — Councilman Tully. July 13, 1977 To the Honorable Mavor and City Council Pursuant to your instructions sealed proposals were requested for the 1977 Curb Replacement project on July 11. 1977- 1 regret to inform you that we did not receive any bids on the project. I do feel, however. that there is con tractor interest in the project and would recommend that we rebid the project. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that recommendation for rebid he approved Seconded bv Councilman Pregler. Car- ned by the following vote Yeas — Mayor Stackis. Councilmen Brady. Pregler. Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to b% the Publisher, of Notice to Contractors of Receipt of Proposals for construction Of Pedestrian Curb Ramps, presented and read. Councilman Wertzberger moved that the proof of publication be - received and filed Seconded by Coun- cilman Pregler Carried by the following; vote: Yeas — Mavor Stackis, Councilmen Bradv, Pregler, Wertzberger. Nays — None Absent — Councilman Tully. July 12. 1977 To the Honorable Mavor and City Council Pursuant to your instructions sealed Proposals were received until 10 0tl am . D.S T. Monday. Julv 1 I , 1977 for Pedes trian ('urb Ramps. The lowest bid was entered by Tri State Paving, Division of Dubuque Stone Products Company. Dubuque. Iowa. The bid was $14.477.90 which is A 43% above the Engineers Estimate. I recommend that the contract be awarded to Tri-State Paving. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication he received and filed Seconded by Councilman Pregler. Camed by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler. Wertzberger, Na vs — None Absent — Councilman Tully (Awarding Contract) RESOLUTION NO. 268-77 WHEREAS. sealed proposals have been submitted by contractors for the construction of Pedestrian Curb Ramps Pursuant to Resolution No. 234-77 and notice to bidders published in a new. spaper published in said City on June 27, 1977 and WHEREAS, said sealed proposals were opened and read on July 11, 1977, and it has been determined that the bid of Tri-State Paving, Division of Dubuque Stone Products Company of Dubuque, Iowa in the amount of $14,477.90 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 Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Tri-State Paving, Division of Dubuque Stone Products Company and the Manager be and he is herebv 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 Citv Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, and adopted this 18th day of July. 1977. Emil Stackis Mavor Richard Wertzberger James E. Brady Waller A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by -J Special Special Session, July 18 1977 Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Petition of Elinor Ann Cody Ginder et al requesting annexation to the Citv, property abutting Ramada Inn proper- ty, presented and read. Councilman Pregler moved that the annexation request be approved. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 269-77 WHEREAS, the owners of an area approximately 2.37 acres in size lying on the south side of U.S. Highway a 20 and immediately east of the Ramada Inn and adjacent to the existing city limits of the City of Dubuque, Iowa, now voluntarily petition the City Council fo. annexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, sewer and other municipal services if incorporated within the City limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a resolution; and WHEREAS, the future growth. development and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section t. That the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended to include the area comprising the following described real estate, to -wit: Lot I of lot 18, lot 1 of lot 19, in Center Gove; and lot I of lot 2 of lot 1 of lot 1 of lot 2 of lot 1 of Mineral Lot 244; and lot 2 of lot 2 of lot I of lot l of lot 2 of lot 1 of Mineral Lot 244; in Dubuque Township, Dubuque County, Iowa, according to the recorded Plat thereof, EX- CEPT the portion thereof conveyed to the State of Iowa in Warranty Deed, recorded in Book of lands 53, page 660, et seq., records of Dubuque County. Iowa, together with any and all rights to access to and from U.S. Highway 20 and sub. ject to highway and easements of record. The property to be annexed is as shown on the plat marked EXHIBIT A attached hereto and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. The territory hereby an- nexed shall become a part of the Nine- teenth Voting Precinct to the City of Dubuque, Iowa. Section 3. The undersigned. Warner R. Wright, civil engineer and land sur- veyor, hereby certifies that the property herein described in Section I above is contiguous to the existing city limits or corporation lines of the City of Dubuque, Iowa, as shown on the plat attached hereto as EXHIBIT A. Warner R. Wright Civil Engineer and Land Surveyor, Cert. No. 4850 Passed, approved and adopted this 18th day of July, 1977 Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear. ing on how Revenue Sharing Funds are to be used for the Fiscal Year beginning July 1, 1977 and ending June 30, 1978, 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 Pregler moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Proof of Publication, certified to by Special Session, July 18, 1977 385 the Publisher, of Amendment to the Current Budget for transfer of current revenue sharing funds to the Iowa Street Ramp Construction Fund, pre- sented and read Councilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler. Wertzberger. Nays — None. Absent t ouncilman Tull% RESOLUTION NO. 270.77 A RESOLUTION amending the Current Budget for the Fiscal Year ending June 30, 1978 (as amended last on lot Amendment, BE I1 RESOLVED BY THE City Council of the City of Dubuque, Iowa Section 1. Following notice published July x. 1977. and the public hearing held July Iii, 1977, the current budget (as previously amended) is amended as set out herein Section 2. The cash balances and revenues estimates are amended as follows: Revenue Sharing New available balance $651.426 Now total revenue estimate $1.663,426 Section 3. The following changes (transfers of appropriations between programF, and increases in total appro. priations are hereby authorized: Home and Community Environment from $10,959,07.5 to $11.413,035. Passed this 19th day of July, 1977. Emil Stackis Mayor ATTEST! Leo F. Frommelt City Celrk 1 hereby certify the above transac- tions to be a true copy of the proceed- ings of the City Council and the Re- solutions passed in the above matter. July 19, 1977. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent—('ouniilrnen'fully RESOLUTION NO. 271-77 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Develop- ment Block Grant Projects WHEREAS, the ( it, i Dubuque under date of May 10, 1977 entered into Grant Agreement B-77 MC-19-0004 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the Citv under Title 1 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 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 Citv Clerk be and lie is herebv 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. Acquisition of site for relocation of Fire Engine House I from 18th and Central to area bounded by city limits on north, White Street on the east, 30th Street on south and Lemon Street on west. Sisetlon 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its first meeting after Aug. 5, 1977, 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 19th day of July, 1977, Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental d 386 Special Session, July 18, 1977 procedures for the Community Development Block Grant Program, the Citv 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. Acquisition of site for relocation of Fire Engine House I from 18th and Central to area bounded by city limits on north. White Street on east, 30th Street on south and Lemon Street on west. 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 resources, known views of local groups, measures which can be instituted to lessen poten- tial 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 Central 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 unitl 12:00 Noon, Friday, Aug. 5, 1977, addressed to Emil Stackis, Mayor of the City of Dubuque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and Published July 19, 1977. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 1, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed two final plats of property in the ownership of the Archdiocese of Dubuque lying in Section 11, Table Mound Township, in Dubuque County, within the jurisdic- tional review limits of the City of Dubuque, Iowa. A vicinity map showing the subdivisions of the property which lies on the south side of Old Highway 151, west and south of Mt. Olivet Cemetery in Key West, is attached for your reference. The Planning and Zoning Commis- sion has voted to endorse the final plats and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tullv RESOLUTION NO. 272-77 RESOLUTION Approving Plat of the Subdivision of Lot 1-1-1 NW'/. - SEI/4, Sec. 11 T.88N. R.2E. of 5th P.M. and the Subdivision o1 Lot 1-1-1 SWI/4-SEI/4, T.88N. R. 2E. of 5th P.M. and the Sub- division of Lot 1-1-1-1-1-1 SW'4, Sec. 11. T.88N. R.2E of 5th P.M.; each being In Table Mound Township, Dubuque County, Iowa. WHEREAS there has been filed with the City Clerk a plat in which the Sub- division of Lot 1-I-1 NW'/4-SE'4, Sec. 11. T.88N. R. 2E. of 5th P.M. and the Sub- division of Lot 1-1.1-SWI/4 -SEI/., Sec. 11, T -88N. R2E. of 5th P.M. and the Sub- division of Lot 1-1-1-1-I-1 SW'4, Sec. 11. T.88N., R.2E. of 5th P.M.; each being in Table Mound Township Dubuque County, Iowa is platted as: Lot 1 and Lot 2 each of the Subdivi- sion of Lot 1.1-1 NW14, SEI/4, Sec. 11, T.88N. R.2E of 5th P.M. and Lot 1 and Lot 2 each of the Subdivision of Lot 1-1-1 SWI/4 SEI/4, Sec. 11, T.88N. R 2E of 51h P.M. and Lot 1 and Lot 2 each of the Subdivision of Lot 1.1.1-1.1.1 SW N, Special Session, July 18, 1977 Sec. 11, T.88N. R. 2E, of 5th P.M. each being in Table Mound Township, Dubuque County, 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- dorse the approval of the City upon said plat. Passed, adopted and approved this 18th day of July, A.D.. 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent— Councilman Tully, RESOLUTION NO. 273-77 RESOLUTION Approving Plat of the Subdivision of Lot 1-1-1.1 of NW'. -SE'. Sec. 11. T.88 N. R.2 of 5th P.M. and of the Subdivision of Lot 1.1.1-1 SW'l. -SE'. Sec. 11. T.88N.R.2E. of 5th P.M. each being In Table Mound Township, Dubuque County, Iowa. Will .tt LAS there has been filed with the t it Clerk a plat in which the Sub- division of Lot I -I -1•I of NW'h•SEti4Sec. 11, T.88N., R.2 of 5th P.M. and of the Subdivision of Lot I.1-1.1 SWI,; -SEN., Sec. 11. T.88 North, Range 2 E. of 5th P.M. each being in Table Mound Town- ship, Dubuque County, Iowa, is platted as: Lot 1 and Lot 2 of Subdivision of Lot 1.1.1-1 of NW14•SE14 Sec. 11, T.88 N., R.2eof 5th P.M. and Lot I and Lot 2 of the Subdivision of Lot SW'/4•SE44, Sec. 11, T.88N.. R. 2 E of 5th P.M. each being in Table Mound Town. ship, Dubuque County, Iowa, and, WHEREAS said plat has been ex - 18,1977 387 &mined 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. Sectlon 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 18th day of July, A.D., 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. June 27,1977 Honorable Mayor and Councilmen We herewith transmit the proposed plat of Lots 1 and 2 of Lot 2 of 2 of 2 of Asbury Springs Subdivision No. I. The plat proposes to divide one narrow lot fronting on Hillcrest Road into two lots as shown on the attached map. The Commission and Council have wit- nessed similar plats adjoining this property which, like the present plat, have been made for purposes of server- ing the ownership of front and rear portions of large lots each containing a separate four•plex residential structure. The properties in question were placed to the R-4 Multiple•Residence District in anticipation of the establishment of a Planned Unit Development on the en, tire porperty. Rather than erect a single planned development, the former owners had received approval to sub- divide the property into three separate lots, each fronting on Hillcrest Road and of sufficient dimension to contain two four-plexes. Like the two prior plats, the plat now before you seeks to re -sub, divide the original lot so that each 388 Special Session, July 18, 1977 tour-plex may be held in separate ownership. As a condition of approval of the prior plats, the approval Resolutions con- tained provisions assuring access to the interior lots similar to provisions re- flected in Planned Unit Development agreements. With these agreements in force, the Commission, in this case, and the City Council in prior cases have held that a modification of the Subdivision Regulations is permissible and that the proposed lot -split could be allowed even though the interior lots had no frontage upon a public street. Therefore, the Planning and Zoning Commission has endorsed its approval upon the plat and has recommended your acceptance of the attached Resolution. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 274-77 RESOLUTION approving the Plat of Lot 1 and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. 1 In the City of Dubuque, Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdi\ tsion to be known as: Lot I and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. I in the city of Dubuque, Dubuque County, Iowa; 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; NOW, THEREFORE, BE IT RE. SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the plat of Lot I and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs 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 owner of said property herein named, execute written accep. tance hereto attached, agreeing: a. To execute an agreement by and between the owners of Lot I and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. I in the city of Dubuque. Dubuque County, Iowa, which will provide: 1. That the driveway and parking are located in Asbury Springs Subdivision No. 1, in the city of Dubuque, Dubuque County, Iowa, and as shown upon the Site Plat filed in the office of the Build- ing Commission shall be a private drive and parking area owned by the owners of Lot 1 and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. I in the City of Dubuque, Dubuque County, Iowa; 11. That the City may enter said private drive and parking area to per- form such emergency services or other services or duties which it may be ob- ligated by law to perform on the premises; 111. That the City may enter the private drive and common parking area and perform necessary maintenance when the property owner fails to do so and assess all cost equally to the owners of Lot 1 and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. 1. Secdon 2. That in the event Gerald E. Henkel and Shirley A. Henkel, husband and wife, shall fail to execute accep- tance 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 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 274-77 We, the undersigned, Gerald E. Hen- kel and Shirley A. Henkel husband and wife, having read the terms and condi- tions of the foregoing Resolution No. 274-77, 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 22nd day of July, 1977. Gerald E. Henkel Shirley A. Henkel Councilman Pregler moved adoption Special Session, July 18, 1977 389 of the Resolution. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilmen Tully. Application for Annexation by Frederick C. and Janell Timmermans requesting to annex Lot 2 of 1 of Sub. of Mineral Lot 504 in Section 1. Township 88 North. Range 2 Fast of 5th P.M. containing approx. 0.263 acres, present- ed and read. Councilman Pregler moved that the request for annexation be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 275-77 WHEREAS the owners of an area approximately 0.263 acres which is con- tiguous to the City of Dubuque, Iowa do hereby request and petition that the following real estate he annexed to, and be made a part of the City of Dubuque, Iowa, to -wit: Lot 2 of Lot 1 of Sub. of Mineral Lot 504 in Sec. I T. 88 N. R. 2 E. of 5 P. M. and is according to the recorded plat thereof attached. Attached hereto and made a part hereof by this reference is a plat show- ing the above described real estate. WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the extension of City Limits in situations of this char- acter by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa, and become part of the Thirteenth Voting Precinct. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. li t+etlon 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the above described real estate. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays — None. Absent — Councilman Tully. July 12. 1977 Honoralbe Mayor and Councilmen The City Council has recently spon- sored an application to the Iowa Con- servation Commission requesting sup- plementary federal assistance on the proposed Avon Park. We are pleased to advise you that the Conservation Com- mission has recently approved that as- sistance through the Land and Water Conservation Fund in the amount of $22,805. The Conservation Commission has forwarded a Project Agreement. We have attached copies of that agreement. together with a Resolution authorizing the Mayor to endorse it on behalf of the City of Dubuque. We respectfully request your approval of the Resolution. Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and riled. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman -rully RESOLUTION NO. 276-77 A RESOLUTION authorizing and Di.. resting the Mayor to act on behalf of the City of Dubuque, Iowa, by accepting a project agreement for Federal Finan- cial Assistance through the Land and Water Conservation Fund for a Pro- posed Avon Park Project. wHLRLAS, the City Council of the Cu. of Dubuque, Iowa, has made ap- plication to the Iowa Conservation Commission for federal financial assis- tance through the land and Water Conservation Fund for a proposed Avon Park project; and. WHEREAS, the Iowa Conservation Commission has approved said applica- tion for federal financial assistance in the amount of $22,805, and has trans- muted a proposed Project Agreement for the above named project, NOW THEREFORE BE IT RE- 390 Special Session, July 18 1977 SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Mayor be and he is hereby authorized and directed to endorse the attached Project Agreement for federal cost-sharing through the Land and Water Conserva. tion Fund for and on behalf of the City of Dubuque, Iowa. Passed, adopted, and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dubuque Area Project Concern requesting approval granting an additional $3500 to cover the cost of adaptation of the lower level of St. John's Episcopal Church to be used as an Adult Day Care Center, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Honorable Mayor July 12, 1977 and City Council Attached please find a resolution authorizing transfer of =3,500 from the FY 1978 Contingency Fund to the Adult Day Care Center Project. This is in addition to the $7,000 already granted to the project. Upon approval of this resolution by the City Council we shall approve a construction contract in the amount of $10,500 for the City's portion of the Adult Day Care Center Project. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and riled. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Na vs — None. Absent — Councilman Tulhv RESOLUTION NO. 277-77 A RESOLUTION directing the Transfer of Community Development Block Grant Funds from the Contingency Fund to the Adult Day Care Center Project NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to exceed Three Thousand Five Hundred Ddollars (53,500.00) shall be transferred from the Fiscal Year 1978 Community Development Block Grant Contingency Fund for the purpose of securing the award of a construction contract for the Adult Day Care Center project. Section 2. That the foregoing transfer of funds has heretofore been approved by the Community Development Commission. Passed, approved and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Honorable Mayor July 12, 1977 and City Council I present to you a resolution and Public notice for the appropriation of $60,000 Block Grant Funds for the relocation of sewer and water lines at the Civic Center. According to Mr. Dittemore, this transfer of funds can be accomplished through loacal option that an amend. ment to the Grant Agreement need not be submitted to HUD for approval. This was confirmed by Mr. Larry Heeren, HUD, Omaha, on June 8, 1977. Also attached is a timetable indicat. ing the steps to be taken and the time frame involved. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Special Session, July 18, 1977 391 Carried by the following vote: Yeas — Mayor Stackia, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tull, RESOLUTION NO. 278-77 Authorizing Publication of Notice of Public Hearings for the Purpose of Amending Use of Community Development Block Grant Funds under Grant Agreement B -77 -MC -19-0004 Dated May 10, 1977 WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974 to certain Communitv Block Grant funds; and WHEREAS, the regulations govern- ing the submission of an application, the development of such application, and in the development of any revisions, changes or amendments require that citizens be provided with adequate in- formation concerning the Community Block Grant Program: and WHEREAS, it is deemed to be in the best interests of the Community Block Grant Program to hold certain public hearings to supplement meetings held by the Community Development meet- ings held by the Community Develop- ment Commission; 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 notice of public hearings in the forst of Exhibit "A" attached hereto and made a part hereof. Passed, approve) and adopted this I&h day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT ''A" Public Hearings Pursuant tofu I.• I of the Housing and Community Development Act of 1974, the City Council will hold two public hearings for the purposes of obtaining the views of residents of the City on the amending of Community Development Block Grant Agreement B-77-MC 19.O(M dated May 10, 1977 to provide sixty thousand dollars (SKOW,W) for the relocation of water mains and sanitary sewer lines in the Urban Renewal Land Area. A copy of Grant Agreement B -77 -MC -19.0004 dated May 10, 1977 and the proposed rekuadon plans are on file and available at the Department of Community Development, 480 Fischer Building, Dubuque, Iowa between the hours of 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays and holidays. Additional information con- cerning the Community Development Block Grant Program may be obtained from Dan Dittemore or John Gau of the Department of Community Develop. ment(319.557-1930). The Public Hearings will be held in City Council Chambers, City Hall, 13th and Central Streets Dubuque, Iowa at 7:30 p.m. both on August 1, 1977 and August 15, 1977. Any person or organ- ization desiring to be heard will be given an opportunity to express their viewson this amendment. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12, 1977 To the Honorable Mayor and City Council With construction of the Five Flags Civic Center it will be necessary for the City to relocate a 20" water main and a 10" sanitary sewer line. These utility lines are now located in the alley between Main Street and Locust Street. The estimated cost for these relocations is $60,000. Cost of the relocation of these lines is not included in the Five Flags budget. Since the lines are in the designated urban renewal area and the im- provements will be made in the urban renewal section, the expenditure for the relocations may be financed from Com- munity Development funds. Therefore, we would ask the Coun- cil's concurrence in giving its author- ization to proceed with the necessary procedures for financing these im- provements with Community Develop- ment funds. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. 390 Special Session, July 18, 1977 SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Mayor be and he is herebv authorized and directed to endorse the attached Project Agreement for federal cost-sharing through the Land and Water Conserva- tion Fund for and on behalf of the City of Dubuque, Iowa. Passed, adopted, and approved this 18th day of July, 1977. Emil Stackis Mavor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Communication of Dubuque Area Project Concern requesting approval granting an additional $3500 to cover the cost of adaptation of the lower level of St. John's Episcopal Church to be used as an Adult Day Care Center, pre- sented and read. Councilman Wertz. berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12, 1977 Honorable Mayor and Citv Council Attached please find a resolution authorizing transfer of $3,500 from the FY 1978 Contingency Fund to the Adult Day Care Center Project. This is in addition to the $7,000 already granted to the project. Upon approval of this resolution by the City Council we shall approve a construction contract in the amount of $10,500 for the City's portion of the Adult Day Care Center Project. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. 18 1977 Nays — None. Absent — Councilman Tully. RESOLUTION NO. 277-77 A RESOLUTION directing the Transfer of Community Development Block Grant Funds from the Contingency Fund to the Adult Day Care Center Project NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to exceed Three Thousand Five Hundred Ddollars ($3,500.00) shall be transferred from the Fiscal Year 1978 Community Development Block Grant Contingency Fund for the purpose of securing the award of a construction contract for the Adult Day Care Center project. Section 2. That the foregoing transfer of funds has heretofore been approved by the Community Development Commission. Passed, approved and adopted this 18th day of July, 1977, Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12, 1977 Honorable Mayor and City Council 1 present to you a resolution and public notice for the appropriation of $60,000 Block Grant Funds for the relocation of sewer and water lines at the Civic Center. According to Mr. Dittemore, this transfer of funds can be accomplished through loacal option that an amend- ment to the Grant Agreement need not be submitted to HUD for approval. This was confirmed by Mr. Larry Herren, HUD, Omaha, on June 8, 1977. Also attached is a timetable indicat- ing the steps to be taken and the time frame involved. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Special Session, July 18, 1977 391 Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent -- Councilman Tullv. RESOLUTION NO. 278-77 Authorizing Publication of Notice of Public Hearings for the Purpose of Amending Use of Community Development Block Grant Funds under Grant Agreement 8 -77 -MC -19-0004 Dated May 10, 1977 WHEREAS, the City of Dubuque is entitled under Title 1 of the Housing and Community Development Act of 1974 to certain Community Block Grant funds; and WHEREAS, the regulations govern- ing the submission of an application, the development of such application, and in the development of any revisions, changes or amendments require that citizens be provided with adequate in- formation concerning the Community Block Grant Program: and WHEREAS, it is deemed to be in the best interests of the Community Block Grant Program to hold certain public hearings to supplement meetings held by the Community Development meet. ings held by the Community Develop- ment Commission: 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 notice of public hearings in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" Public Hearings Pursuant to Title 1 of the Housing and Community Development Act of 1974, the City Council will hold two public hearings for the purposes of obtaining the views of residents of the City on the amending of Community Development Block Grant Agreement B -77 -MC -19-0104 dated May 10, 1977 to provide sixty thousand dollars ($60,000.00) for the relocation of water mains and sanitary sewer lines in the Urban Renewal Land Area. A copy of Grant Agreement B -77 -MC -19-0004 dated May 10, 1977 and the proposed relocation plans are on file and available at the Department of Community Development, 480 Fischer Building, Dubuque, Iowa between the hours of 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays and holidays. Additional information con- cerning the Community Development Block Grant Program may be obtained from Dan Dittemore or John Grau of the Department of Community Develop- ment (319.557.1930). The Public Hearings will be held in City Council Chambers, City Hall, 13th and Central Streets Dubuque, Iowa at 7:30 p.m. both on August 1, 1977 and August 15, 1977. Any person or organ- ization desiring to be heard will be given an opportunity to express their views on this amendment. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12, 1977 To the Honorable Mayor and City Council With construction of the Five Flags Civic Center it will be necessary for the City to relocate a 20" water main and a 10" sanitary sewer line. These utility lines are now located in the alley between Main Street and Locust Street. The estimated cost for these relocations is $60,000. Cost of the relocation of these lines is not included in the Five Flags budget. Since the lines are in the designated urban renewal area and the im. provements will be made in the urban renewal section, the expenditure for the relocations may be financed from Com- munity Development funds. Therefore, we would ask the Coun- cil's concurrence in giving its author- ization to proceed with the necessary procedures for financing these im- provements with Community Develop- ment funds. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. 392 Special Session, July 18, 1977 Nays — None. Absent — Councilman Tull'. Communication of City Manager submitting Plans and Specs for con- struction of Five Flags Civic Center and Resolutions pertaining to Project, pre- sented and read. Councilman Wertz- berger moved that the communication and project be tabled to the Council Meeting of August 1, 1977. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mavor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 12. 1977 Honorable Mayor and Members of the City Council Since September 8, 1975, the City of Dubuque has acted as program agent for a Public Service Employment Pro- gram under Title If of the Comprehen- sive Employment and Training Act. The Department of Labor and the State of Iowa have allocated an additional $115,000 to the City of Dubuque for the operation of this program. You are requested to pass a resolution which will allow the mayor to sign the contract modification for the additional funds. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis. Councilmen Pregler, Wertzberger. Nays — Councilman Brady. Absent — Councilman Tull RESOLUTION NO. 279-77 RESOLUTION authorizing the Mayor to sign a contact for the Administration and Operation of a Public Service Em- ployment Program under Title II of PL 93-203. WHEREAS, the Federal Government has enacted the Comprehensive Em- ployment and Training Act Title 11 and has made funds available to hire unem- ployed people; and WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has designated the City of Dubuque as Program Agent; and WHEREAS, previously the City of Dubuque has been allocated $392,841.00 under this program; and WHEREAS, additional funds in the amount of $115,000.00 have been al. located to the City of Dubuque for the purpose of extending the Public Service Employment Program in the commune. ty; and WHEREAS, it is required of the City, as Program Agent, to submit a modification of its present employment plan and contract with the Iowa State Office for Planning and Programming: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa that the Mayor is authorized to sign the Contract for Public Service Employment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Pregler, Wertzberger. Nays — Councilman Brady. Absent — Councilman Tully. Honorable Mayor and July ll, 1977 Members of City Council At the regular Community Develop- ment Commission meeting held on Tuesday, June 28, 1977 staff submitted a detailed report on the status of projects authorized by City Council to be funded with Block Grant Funds. A matter of concern expressed by the membership related to the Main Street Lighting Program. While the Commis- sion fully understands the ramifications inherent in a lighting program such as is to be undertaken, the Commission re- spectfully asks that the Council take definitive action to alleviate the condi- tions as they now exist. It was felt that continued decision-making delays will further postpone a needed improvement until next spring, thus inhibiting future planning for the area in the interim. Don Meyers Chairman Community Development Commission Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Wertzberger. Nays — Councilman Pregler. Absent — Councilman Tully. Special Session, July 18, 1977 393 July 6, 1977 To the Honorable Mayor and City Council I hereby submit the plans and specifications for Main Street Lighting from First Street to Fourth Street. The project is to be paid for out of Community Development Funds. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and riled. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Wertzberger. Nays — Councilman Pregler. Absent — Councilman Tully. RESOLUTION NO. 280-77 Preliminary Estimate for construc- tion of Main Street Lighting from First to Fourth Street, in the amount of $69,465.37, presented and read. Council- man Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Wertzberger. Nays — Councilman Pregler. Absent — Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 281-77 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: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Main Street Lighting from First Street to Fourth Street. BE IT THEREFORE RESOLVED THAT THE City Council on its own motion, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution 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 18th day of July, 1977. Approved and placed on file for final action. Emil Stackis Mayor Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved ap- proval of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Wertzberger. Nays — Councilman Pregler. Absent — Councilman Tully. (Fixing Date of Hearing) RESOLUTION NO. 282-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the construction of the Main Street Lighting from First Street to Fourth Street. BE IT THEREFORE RESOLVED that on the 1st day of August 1977, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may 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 four (4) nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 18th day of July, 1977 Emil Stackis Mayor Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk 394 Special Session, July 18, 1977 Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Wertzberger. Nays — Councilman Pregler Absent — Councilman Tullv. July 12, 1977 To the Honorable Mayor and City Council The attached agreement provides for the Iowa Department of Transporta- tion's participation in the signalization of 20th Street from Central to Elm. The project involves signalizing the intersection of 20th and Elm Streets, and the interconnection of the signals at Central, White, Jackson and the new signals at Elm Street. The system will be programmed to respond to the different traffic demands throughout the day. The project will be financed 70% by Federal Aid to Urban Systems funds, 30% by local Road Use Tax funds. The latest construction estimate is $42,191.99. 1 would recommend that we execute the agreement allowing for the FADS participation in the project. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 283-77 Resolution authorizing execution of Agreement Between City of Dubuque, Iowa and Iowa Department of Tran- sportation relating to the Signalization of 20th Street from Central to Elm. That the Mayor and City Clerk be and they are hereby authorized and directed to execute agreement number 77-F-095 with the Iowa Department of Transpor- tation, two copies of which are at- tached, relating to the signalization of 20th Street from Central to Elm. Passed, approved, and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote. Yeas — Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. July 8, 1977 To the Honorable Mayor and City Council 1 hereby submit the attached sheet number 1 to 2 inclusive, showing a schedule of the proposed valuations and assessments for the Asphalt Paving of Sunset Ridge Drive from the N.P.L. of Lot 2.1 Mineral Lot 132 to the southerly end of the street. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler, Wertzberger. Nays — None. Absent— Councilman Tully RESOLUTION NO. 284-77 BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets number 1 to 2, inclusive, are hereby determined to be the schedule of proposed assessments for the Asphalt Paving of Sunset Ridge Drive from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the southerly end of the street, and the valuations set out therein, are hereby approved. Adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent —Councilman Tully. RESOLUTION NO. 285-77 Preliminary estimate of plans and specs., etc. for construction of Sunset Ridge Drive Asphalt Paving, in the amount of $25,554.69, presented and read. Councilman Wertzberger moved approval of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Special Session, July 18, 1977 395 Nays — None. Absent — Councilman Tully (Necitulty for Improvement) RESOLUTION NO. 286-77 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: I. The assessment limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a 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 Sunset Ridge Drive asphalt paving from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the south- erly end of the 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 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. Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and ac- cepted and the proceeds thereof used to Pay the contractor. The railway portion of any street or assessment district shall he assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of July, 1977. Approved and placed on file for final action. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved ap- proval of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. (Fixing Date of Hearing) RESOLUTION NO. 287-77 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 285-77 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on isle in the office of the City Clerk for public inspection, for the Asphalt Paving on Sunset Ridge Drive from the N.P.L. of Lot 2.1 Mineral Lot 132 to the southerly end of the street, 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 15th day of August. 1977, 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 sub- ject 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 any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby dir- ected 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 once each week for 396 Special Session, July 18 1977 two consectutive week 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 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 18th day of Julv, 1977 Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully, RESOLUTION NO. 288-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. Herbert F. Bisping, 1401 Elm St. Donald Bradley, 1091 Main St. Alfred L. Brandt, 2600 Central Ave. Dubuque Yacht Basin, Inc., 1630 E. 16th St. Alice Erschen, 2617 University Ave. J.F.K. Fast Foods, Inc., 2075 John F. Kennedy Road Thomas E. Kessler, 1993 Asbury Rd. Helen Spielman, 2401 Windsor Ave. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Bradv, Pregler. Wertzberger Nays — None Absent — Councilman Tullv RESOLUTION No. 269-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE. SOLVED BY THE City Council of the City of Dubuque. Iowa, that the follow- ing applications be approved and licenses issued upon the comnliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assemblv. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Alfred L. Brandt, 2600 Central Ave. Patricia Revelle. 2776 Jackson St. Sally Josephine Rov, 400 Central Ave Parochetti Enterprises, 2600 Dodge St. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor StackLs, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tullv. RESOLUTION NO. 290-77 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 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 Alfred L. Brandt, 26(x) Central Ave Patricia Revelle, 2776 Jackson St. Sally Josephine Roy, 400 Central Ave. Parochetti Enterprises, 2600 Dodge St. Special Session, July 18, 1977 Passed, adopted and approved this IAth day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Application for transfer of beer permit to Dubuque Jaycees to McAleece Field, presented and read. Mayor Stackis moved that the transfer be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. RESOLUTION NO. 292-77 WHEREAS, there has been a vacancy in the office of the deputy City Clerk of the City of Dubuque, Iowa; and WHEREAS, such vacancy should be filled; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Smllon 1. That Mary A. Davis, pre- sently acting Deputy City Clerk, be and she is hereby appointed Deputy City Clerk and that the effective date of her appointment shall be the 15th day of July, 1977 and that her salary shall be fixed by the office of the City Manager. Passed, approved and adopted this 18, 1977 397 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Leo F. Frommelt J lc ut 16 4 Approved .......... .......rt. 19 Adopted J$71uar .. '6.{ 1977 Council Members It ATTES .Leo F. omm City Clerk Special Session, July 19, 1977. Council met at 12:00 Noon Present — Mayor Stackis, Council- men Brady, Pregler, Wertzberger. City Manager Gilbert D. Chavenelle. Absent — Councilman Tully. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of Considering purchase of $850,000 Parking Facilities Revenue Bonds 1977 Series 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 Hearing and Official sale of $850,000. Parking Facili- ties Revenue Bonds 1977 Series, pre- sented and read. Councilman Wertz- berger moved that the proof of publica- tion be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Call was issued for oral bids. There being none, Councilman Pregler moved that oral bidding be closed. Seconded by Councilman Wertzberger. Carried by the following voete: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully, Councilman Pregler called for the opening of sealed bids. Seconded by Mayor Stackis. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Julv 19. 1977 The Honorable Mayor and Citv Council Bids were received today covering $850,000 City of Dubuque, Iowa Parking Facilities Revenue Bonds, 1977 Series. There were four bids received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Channer Newman Securities Co., 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 par and accrued interest plus a premium of none, being at a net in- terest rate of 5.4496996. Net Interest Account Managers Rate Carleton D. Beh Co. ... 5.6146% Channer Newman Securi- ties Co. and Associates .................... 5.44968% Dain, Kalman & Quail, Inc. and Shaw, McDer- mott & Co. .......... 6.0507% John Nuveen & Co., Inc. and Associates ...... 5.5329% Paul D. Speer and Associates, Inc. President Councilman Pregler moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Councilman Pregler moved the bid checks be returned to the unsuccessful bidders. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully RESOLUTION NO. 293-77 Resolution providing for the sale and award of $850,000 Parking Facili- ties Revenue Bonds, 1977 Series, and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $850,000 Parking Facilities Revenue Bonds, 1977 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 newspa- per published in Dubuque County: and WHEREAS all sealed bids have been received and placed on file, after which ()pen bids were called for and received, the highest of which open bids was as follows: the bid submitted by, none submitted, consisting of par and ac- crued interest plus a premium of none, with the bonds to bear interest at the fullowing rates: NONE and thereafter such sealed bids were opened, the sub- Special Session, July 19, 1977 399 stance of the best sealed bid being as follows: the bid submitted by Channer Newman Secutities Co., consisting of par and accrued interest plus a premium of none, with the bonds to bear interest at the following rates: Year of Maturity Rate 1979 5.20% 1980 5.20% 1981 5.20% 1982 5.20% 1983 5.20% 1984 5.20% 1985 5.20% 1986 5.20% 1987 5.20% 1988 5.20% 1989 5,20% 1990 5.50% 1991 5.50% 1992 5.60% 1993 5.70% 1994 5.70% 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 Channer Newman SecuritiesCo. forthepurchaseof $850,000 Parking Facilities Revenue Bonds, 1977 Series, of said City, dated July 1, 1977, 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 Channer Newman Securities Co. 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 hereby repealed. Passed, and approved July 19, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1977 Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. Councilman Pregler moved to recon- sider tabling motion on Five Flags Civic Center Project made at the meeting of July 18, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Wertzberger. Nays — Mayor Stackis. Absent — Councilman Tully. Councilman Wertzberger moved that General Contractors method of con- struction for Civic Center be employed and that the general contractor will state name of subcontractor. Seconded by Councilman Brady. Carried by the following vote: Yeas — Councilmen Brady, Pregler, Wertzberger. Nays — Mayor Stackis. Absent — Councilman Tully. To the Honorable Mayor July 13, 1977 and City Council I am submitting plans and specifica- tions for the Five Flags Civic Center. Estimated cost of the project is $3.862.342. Completion date is projected at 425 days after award of contract or about December 1, 1978. Your adoption of the necessary re- solutions for award of contract is req uested. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. 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, Dubuque, Iowa, in the estimated amount of $3,862,342., pre- sented and read. Councilman Pregler moved adoption of the Resolution. Seconded by Councilman Brady. Car- ried by the following vote: Yeas — Councilmen Brady, Pregler, Wertzberger. Nays — Mayor Stackis, Absent — Councilman TullY (Necessity for Improvement) RESOLUTION NO. 294-77 WHEREAS, promised plans, specifications, and form of contract have been duly prepared and approved 400 Special Session, July 19, 1977 by the City Council of the Citv of Dubuque, Iowa, and are now on file in the office of the City Clerk showing; among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Five Flags Civic Center located at 4th, 5th Locust and Main Streets, Dubuque, Iowa. BE IT THERFEFORE RESOLVED THAT THE City Council on its own motion, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall he deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the Citv Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of funds of a General Bonds Issue and other funds legally permissible. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of July, 1977. Approved and placed on file for final action. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilman Brady, Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. (Fixing pats of Hearing) RESOLUTION NO. 225-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con. tract and placed same on file in the office of the City Clerk for Five Flags Civic Center located at 4th, 5th Locust and Main Streets, Dubuque, Iowa. BE IT THEREFORE RESOLVED, that on the Ist day of August, 1977, a public hearing will be held at 7:30 p.m. in the Council Chamber of the Citv of Dubuque at which time the objectors for the proposed plans and specifica. tions and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the official designated newspaper for pub- lication of the City of Dubuque at least once, not less than four nor more than twenty days prior to date fixed for its consideration and City Clerk is further directed to advertise for proposals for construction of the aforementioned improvement. Passed, approved and adopted this 19th day of July. 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays — None. Absent — Councilman Tully. There being no further business, Councilman Wertzberger moved to adjourn. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Absent — Councilman Tully Leo YYF.C. Frommelt Approved January 16, 1978 Adopted January 16, 1978 Regular Session, August 1, 1977 401 CITY COUNCIL OFFICIAL Regular Session. August 1, 1977. Council met at 7:30 P.M. (C.D.T) Present — Mayor Stackis, Council- men Brady. Pregler, Tully. Wertzber. ger. City Manager Gilbert D. Chaven• elle. Mayor Stakis read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING OF THE COUNCIL called for the purpose of acting upon such business as may properly come before the meet- ing. Invocation was given by Reverend Rob- ert H. Ruppert. Pastor of St. Luke's Unit- ed Methodist Church. Proclamations proclaiming the month of August as "Apprenticeship Month" and September 10. 1977 as "Light the Way for Handicapped people Day" were read, approved and signed by Mayor Stackis. Communication of Playground & Rec- reation Commission submitting minutes of their meeting of July 18,1977, present- ed and read. Councilman Wertzberger moved that the minutes he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of DMATS submitting minutes of their meeting of July 23,1977, presented and read. Councilman Wertz- berger moved that the minutes be receiv- ed and filed. Seconded by Councilman Preg. ler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Community Devel- opment Commission submitting minutes of their meeting of July 12, 1977, present- ed and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Airport Commission submitting minutes of their meeting of their meeting of July 14.1977, presented and read. Councilman Wertzberger that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Citizens Advisory Commission submitting minutes of their meeting of June 28,1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Five Flags Civic Cen- ter Commission submitting minutesof their meeting of July 19. 1977. presented and read. Councilman Wertzberger moved that the minutes be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Dock Commission submitting minutes of their meeting of June 21,1977, presented and read. Coun- cilman Wertzberger moved that the min- utes be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, WerUberger. Nays -none. Communication of Planning & Zoning Commission submitting minutes of their meeting of July 19, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Five Flags Center Building Committee submitting minutes of their meetings of July 13 and July 21, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Council- man Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Esther Tauke, Sen- ior Citizen Chairman, expressing thanks for interest shown by supporting Senior Citizens Recognition Month, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Communication of Edward Kruse of 1791 Central Ave. relative to parking sit- uation on Central Ave. and the proposed sticker proposal; also to consider a $30. a quarter fee, presented and read. Council- Pregler moved that the communication be referred to the City Manager and Traf. 402 Regular Session, August 1, 1977 fic Department. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. Communication of Councilman Pregler submitting a list of suggestions for the adoption of a policy decision on the use of City cars, presented and read. Council. man Tully moved that the communication be received and filed and referred to Coun cil. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. Communication of Iowa Northwestern Development Co., conveying an offer to sell approx. 12 acres of real estate adja- cent to Arbor Oaks Sub. and a portion front- ing on Carter Road at $2500. per acre, pre- sented and read. Councilman Wertzber- ger moved that the communication be re- ceived and filed and referred to the City Manager and Planning & Zoning Com- mission to report back at earliest conven fence. Seconded by Councilman Pregler. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Communication of Attorney Allan .1. Carew, representing Mrs. Carl A. Clark, objecting to the City taking four feet from her side of the street at 2558 University Ave. as part of paving program, present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzber ger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Preg ler, Tully, Wertzberger. Nays -Councilman Brady. July 22, 1977 Honorable Mayor and Members of City Council On July 18 the current city budget was amended by action of City Council by trans ferring $553,960 from Unencumbered Gen eral Revenue Sharing funds to the Iowa Street Parking Ramp Construction ac count. The regulations governing the use of revenue sharing funds requires that notice of this action be provided the public. The attached form will satisfy this require ment, and we request your approval to publish the notice in the Telegraph Her aid. Gent M. Wittenberg Assistant City Manager Councilman Pregler moved that the communication be received and filed and request he approved. Seconded by Coun oilman Wertzberger. Carried by the fol lowing vote: You -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, on July 19, 1977, on notice of hearings to provide 560,000, for relocation of water mains and amending Communi- ty Block Grant. Agreement in Urban Re- newal, presented and read. Councilman Pregler moved that the proof of publica- tion he received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. July 15, 1977 Honorable Mayor and City Council Claim was filed against the City of Du- buque, Iowa on January 3,1977 by Gerald Neuhaus of 820 Mt. Loretta claiming dam- ages in the amount of $265.00 and alleging said damages occurred on December 7,1976 as the result of a plugged sewer causing the sewer in the basement to backup. This matter was referred to the appro- riate City Agency which has made an in- vestigation thereof and has made written report to this office of no liability or neg- ligence on the part of the City. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Ger- ald Neuhaus be denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of denial be approved. Sec. onded by Councilman Brady. Carried by t he following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. July 15, 1977 Honorable Mayor and City Council On May 27,1977, claim was filed on be- half of James Bocek by Henry Voels of 2201 D elmonaco Drive, this city, claiming dam- ages in the amount of 583.61 to a motor ve- hicle allegedly occuring in the 3100 block of West 32nd Street on May 23,1977 as a result of striking an alleged unbarricaded chuck hole in the street. This matter was referred to the City At- torney who has made an investigation of same, and it is therefore the recommen- dation of the City Attorney's office that said claim be paid in the amount of $83.00: that the City Auditor he instructed w draw a warrant payable to James Hocek and lien ry Voels in the amount of $83.00 and trans Regular Session, August 1, 1977 403 mit same to the undersigned for delivery upon receipt of duly executed releases. Original claim is returned herewith. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of settlement he approved. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. July 19. 1977 Honorable Mayor and City Council On December 12.1976, Mr. Karl "Doc" Miller. Sr., 450 Southern Avenue, riled claim against the City of Dubuque in the amount of $900.00 and alleging auto dar*- ages occuring on December 12.1976 as the result of the rear wheel allegedly falling into a catch basin in front of 1895 Grace Street near Griggs Court, damaging the hub cap and rear fender of his vehicle. This matter was referred to the City Attorney who has made an investigation thereof and has communicated with the claimant; and claimant has made an offer of settlement of said claim in the amount of $25.00. It is the recommendation of the City Attorney that said settlement offer he accepted, and that the City Auditor be he instructed to draw warrant payable to Karl Miller in the amount of $25.00 and transmit same to the City Attorney for de- livery upon receipt of properly executed releases. Original notice of claim is returned here- with. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of settlement be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilman Brady. Pregler, Tully, Wertzberger. Nays -none. July 27, 1977 Honorable Mayor and City Council On April 2, 1976, Frederick Cole and Charlotte Cole, husband and wife, com- menced an action against the City of Du- buque and Dubuque Electric Motor Ser- vice Inc., as defendants, in Law No. 40745 of Dubuque County District Court, pray ing for damages in the total amount of $75,000.00 and claiming personal injur- ies as the result of an alleged fall at the southeast corner of the intersection of 13th Street and an alley between Jackson and White Streets in the City of Dubuque, Io- wa claiming an icy condition thereat. Said action was referred to the City At- torney for defense and appropriate defens es have asserted thereto, and subsequent- ly the plaintiffs have made an offer of set- tlement of $75110.00 plus costs, of which settlement amount the City of Dubuque will contribute $1500.00 and the abutting property owner will contribute $6000.00, and each defendant will pay $100.00 court costs. It is the recommendation of the City At- torney that said offer of settlement be ac- cepted and that the City Auditor be in- structed to draw warrant payable to Fred- erick Cole and Charlotte Cole in the amount of 1500.00, and warrant payable to Leroy L. Meyer, Clerk of the Court in the amount of $100.00 and to transmit said warrants to the City Attorney for delivery upon re- ceipt of properly executed releases and dismissal with prejudice of said cause. Original petition with original notice and original notice of claim is herewith returned. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of settlement be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Notice of Expiration of Right of Re- demption and for taking of tax deed on Lot 3 and Westerly 50 ft. of Lot 4 in Bar- ry's Sub. of Lot 1 of the Sub. of Lot 2 of the Sub. of Lots 2.3 aqd 4 and of Lot 1 of Lot 5 of the Sub. of Mineral Lot 307A. lots sold to Arthur Behnke on Roosevelt Street, presented and read. Councilman Tully mov- ed that the notice of expiration be refer- red to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. Notice of Claim of Beulin Bartels, in an undetermined amount, for personal in- juries in a fall as the resultof a hole in the street at corner of Main by Book -Nook Store on July 1. 1977. presented and read. Councilman Tully 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 Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays -none. Notice of Claim of Gary R. Schroeder, in the approx. amount of $62.00, for ex- pense incurred as the result of a backed - up sewer on July 1. 1977, at 3589Key Meer Drive, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for investi- 404 Regular Session, August 1, 1977 Ration and report. Seconded by Council man Wertzberger. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of public hearing to rezone lots 1, 2 each of Lot 5 of M.L. 100 and the south 25' of Lot 7 of M.L.100 from ORA Office Residential to C-4 General Commercial District Classification 119th & Washington St.l, presented and read. No written objections were filed and no oral objectors were present in the council Chambers at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Sec- onded by Councilman Wertzberger. Car ried by the following vote; Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzherger. Nays -none. ORDINANCE NO. 54.77 AN ORDINANCE AMENDING AND OR DINANCE NO. 32.75, KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, 10 - WA", SO AS TO RECLASSIFY HERE- INAFTER DESCRIBED PORTIONS OF MINERAL LOT 100 FROM OR -1 OFFICE - RESIDENTIAL DISTRICT CLASSIFICA- TION TO C-4 GENERAL COMMERCIAL DISTRICT CLASSIFICATION, SAID OR- DINANCE HAVING BEEN PREVIOUS- LY PRESENTED AND READ At. the Council Meeting of July 5, 1977, presented for final adoption. ORDINANCE NO. 54.77 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 RECLAS. SIFY HEREINAFTER DESCRIBED POR. TIONS OF MINERAL LOT 100 FROM OR -1 OFFICE RESIDENTIAL DISTRICT CLASSIFICATION TO CA GENERAL COMMERCIAL DISTRICT CLASSIFICA• TION 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 Zon- ing Map of the City of Dubuque, Iowa'; be and the same is hereby amended by changing from "OR -1 Office -Residential District" classification to "C-4 General Commercial District"classification the following described real estate, to wit: Lot 1 of Lot 5 of Mineral Lot 100, Lot 2of Lot 5 of Mineral Lot 100; Lot 6of Mineral Lot 100; and the South 25 feet of Lot 7ofMineral Lot 100all in the City of Dubuque, Iowa Section 2. That the foregoingamend- ment has heretofore been approved by the Planning and T,onin,q Commission al the City o-fDubuque, Iowa Passed, adopted. and approved this 1st day of August, 1977. Emit Stackis Mayor Thomas A. Tully,/r. Richard Wertzberger .Iamea F. Brady Walter A. Pregler Councilmen ATTEST. - Leo F. Frommelt City Clerk Published officially in the telegraph Herald Newspaper this 3th day of A ugust 1977. Leo F. Frommelt City Clerk 118/.5 Councilman Tully moved final adoption of the Ordinance. Seconded by Council- man Wertzberger. Carried by the follow• ing vote: Yeas -Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Vacation and Sale of a 16 ft. wide alley from Putnam Street to the S.P.L. of 28th Street, presented and read. No written objections were filed and no oral objectors were present in the Coun cil Chamber at the time set for the hear. ing. Mayor Stackis moved that the proof of publication be received and filed. Sec. onded by Councilman Wertzberger. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. ORDINANCE NO. 55-77 AN ORDINANCE VACATING A 16 -FOOT WIDE ALLEY RUNNING FROM THE NORTH PROPERTY LINE OF PUTNAM STREET TO THE SOUTH PROPERTY LINE OF 26TH STREET ALL WITHIN THE EL -RU PLACE AND SOUTH PARK HILL IN THE CITY OF DUBUQUE, IOWA, PRE- SENTED AND READ. Councilman PreKler moved that the read- ing just had be considered the first read- ing of the Ordinance. Seconded by Coun- cilmen Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Councilman Pregler moved that the rule requiring an Ordinance to be re ceived and filed at two meetings prior to the meeting when final action is tak- en, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Regular Session, August 1, 1977 405 Yeas -Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays none. ORDINANCE NO. 55.77 AN ORDINANCE VACATING A 16 -FOOT WIDE ALLEY RUNNING FROM THE NORTH PROPERTY LINE OF PUTNAM STREET TO THE SOUTH PROPERTY LINE OF 26TH STREET ALL WITHIN THE EL -RU PLACE AND SOUTH PARK HILL IN THE CITY OF DUBUQUE, IOWA WHEREAS, THAT THE PORTION OF ALLEY RUNNING FROM NORTH PRO. PERTY LINE OF PUTNAM STREET TO THE SOUTH PROPERTY LINE OF 28TH STREET IN THE CITY OF DUBUQUE, IOWA IS NO LONGER NEEDED FOR THE ALLEY PURPOSES, AND THAT HUGH W. AND ETHEL G. CHERIOLI, SYDNEY E. AND ELIZABETH MILLER, AND ROBERT D. & LYNN ANN MILLER HAVE PETITIONED FOR THE ACQUI- SITION OF SAID REAL ESTATE, AND WHEREAS. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA DEEMS IT IN BEST PUBLIC INTEREST THAT SAID ABOVE DESCRIBED REAL ES. TATE BE VACATED SUBJECT TO THE CONDITIONS AND PROVISIONS HERE. INAFTER SET FORTH, AND THAT DIS. POSAL THEREOF TO HUGH W. AND ETHEL G. CHERIOLI, SYDNEY E. AND ELIZABETH MILLER, AND ROBERT 0. AND LYNN ANN MILLER BE APPROV- ED. NOW THEREFORE BE IT OR- DAINED BYI'll ECITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: SECTION 1, that the vacation of that portion of the 16 -toot wide alley running from the North property line of Putnam Street to the South property line of 28th Street, all within the EI -Ru Place and South Park hill in the City of Dubuque. Iowa be and the same is hereby approved. SECTION 2: That the disposal of inter- est of the City of Dubuque. Iowa, in and that portion of alley running from the North property line of Putnam Street to the South property line of 28th Street all within the EI -Ru Place and South Park Hill in the City of Dubuque, Iowa to Hugh W. and Ethel G. Cherioli. Sydney E. and Elizabeth Mil- ler, and Robert D, and Lynn Ann Miller for the total purchase price of $200.00 plus costs of publications and recording fees and the cost of the preparation of the plat and survey by registered surveyor of the State of Iowa, that no abstract of title will he furnished and conveyance shall be by quit claim deed, and the City reserves an easement for t he full width of the alley to be used by the City of Dubuque for the in- stallation mstallation and maintenance of water and sewer mains and retains the right for in - gross and egress to repair and maintain the same. SECTION 3: That the deed will include a condition that no building or other ob. structions will he constructed over the granted easement. SECTION 4: That the City Clerk being he is hereby ordered and directed to pub. lkh notice as is by law required. Passed, adopted, and approved by unanimous recorded roll call this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: l..eo F. Frommelt City Clerk Published officially in the telegraph Herald Newspaper this 5th day of August 1977' Leo F. Frommelt City Clerk It8/5 Councilman Pregler moved final adop- tion of the Ordinance. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO.296.77 WHEREAS, pursuant to resolution and published notice of time and place of hear- ing, published in the Telegraph -Herald, a newspaper of general circulation pub- lished on July 22,1977, in the City of Du- buque, Iowa, the City Council of the City of Dubuque, Iowa met on the 1st day of August, 1977 at 7:30 o'clock P.M. (CDT) in the City Council Chambers. City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Du- buque, Iowa in real estate, hereinafter described, to Hugh Cherioli and Ethel Cherioli; to Sydney E. Miller and Eliza- beth D. Miller and to Robert D. Miller and Lynn Ann Miller; and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all ob. jection, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter described real estate to the above named parties. NOW THEREFORE RE IT RESOLV- ED by the city council of the city of Du- buque, Iowa; SlCIIon 1. That the disposal of inter- est of City of Dubuque, Iowa in and to, and the conveyance of vacated alley pat. ted and described as: Lot 30A of South Park Hill in the City of Dubuque, Iowa 406 Regular Session, August 1, 1977 to Hugh Cherioli and Ethel Cherioli: and the conveyance of Lot 22A of south Park Hill, Lot 1 of EI -Ru Place: Lot 2A of EI Ru Place: Lot 3A of El -Ru Place: and Lot 5A of EI -Ru Place in the City of Dubuque. Iowa to Sydney E. Miller and Elizabeth D. M it ler: and the conveyance of Lot 4A of EI -Ru Place in the City of Do- buque. Iowa to Robert D. Miller and Lynn Ann Miller he and the same is herehy approved for the purchase price of 5200.00, plus costs of publication and recording fees, no ab- stract of title will be furnished and con- veyance shall be by Quit Claim Deed; con- veyance shall he subject to reservation by the City of Dubuque. Iowa of a perpet- ual easement for the full width of the said vacated alley for the installation and main tenance of water and sewer mains and for right of ingress and egress therefrom to repair and maintain the same; and subject to the condition thLt no building or other obstruction will be constructed over said easement.. Section 2. That the Mayor and City Clerk be and they are authorized and dir- ected to execute said deeds of conveyance and the City Clerk be and he is herebv authorized and directed to deliver said deeds of conveyance to the grantees upon payment of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record certified copies of this Resolution in the office of the Dubuque County Re corder. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. July 25,1977 Honorable Mayor and Councilmen In a letter dated June 6, 1977, The City of Dubuque Planning and Zoning Commission transmitted to you their favorable recommendation for reclassi- fication of Lots 1 through 7 of Block 2; Lot 15 and portions of Lot 1 of Lot 15 and Lot 1 of Lot I all in 'Birch Acres' Subdivision from R-3 Residential Dis- trict classification to R-2 Residential District classification. The subject property lies on the east side of Fre- mont Avenue north of its intersection with Kelly Lane in the City of Du- huque, Iowa. Your body had scheduled a public hearing on this proposal for Monday, July 18, 1977 but due to a misunder- standing by the developer of the nature of the public hearing the matter was withdrawn from your calendar for that meeting. That misunderstanding has been resolved with the developer and his attorney and they concur in our re- spectful request that the proposal be submitted to you and rescheduled for public hearing. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Tully. Nays — None. Communication of Attorney Spren- glemeyer for Iowa -Northwestern De- velopment Co. requesting not to sched- ule a public hearing on rezoning at this time to allow for clarification. present- ed and read. Councilman Pregler moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Sec- onded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. James Schwers spoke relative to the communication. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -- Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE 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 property in "Birch Acres" Subdivision from R-3 Residential District Classification to R- 2 Residential District Classification, presented and read. Mayor Stackis moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Preg- ler. Carried by the following vote: Jar Session, August 1, 1977 407 Yeas — Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays — None. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Mayor Stackis moved that a public hearing be held on the Ordinance on September 6, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE Authorizing Lloyd S. Gudenkauf to construct an 8" reinforced concrete wall, said Ordi- nance having been previously present- ed at the Council Meeting of July 18, 1977, read. Mayor Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilmen Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — Councilman Wertzberger. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — Councilman Wertzberger. Mayor Stackis moved that a public hearing be held on the Ordinance on August 15, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays — Councilman Wertzberger. Honorable Mayor July 22, 1977 and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Inns of Iowa, Ltd. requesting an amendment to Ser Lion 4.114.2 of Ordinance No. 32.75, the Principal Permitted Uses of the C-3 Ar. terial Business Commercial District. The petitioner had asked inclusion of beauty shops, barber shops, travel agency -ticket offices, and retail stores for the sale of office products, drugs, apparel and sporting goods. In considering this matter the Com- mission determined that uses proposed by the Inns of Iowa Ltd. petition were Permitted Uses in the Local Business "B" District of Ordinance No. 334, the corresponding District of that Ordi- nance to the present C-3 Arterial Busi. ness Commercial District.. The Commis- sion has found those uses, included in the attached Ordinance amendment, to be appropriate uses for the C-3 District and recommends your favorable consi. deration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Du- buque. Iowa, providing that the Code of Ordinance, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa", by repealing Section 4-114.2 thereof, and by enacting a new Section 4.114.2 in lieu thereof providing for principal permitted uses in the C3. Arterial Business Commercial District, presented and read. Mayor Stackis moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Nayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays — None. Mayor Stackis moved that a public hearing be held on the Ordinance on September 6, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- 408 Regular Session, August 1, 1977 cilman Pregler. Carried by the folio wing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. and Mrs. T. Edwin Winders requesting expan- sion of a C-4 General Commercial Dis- trict to include property at 2114 White Street and 2103 Jackson Street which is presently classified as R.4 Residential District. The property lies north of East 21st Street between Jackson and White Streets in the City of Dubuque. Iowa. In considering this matter, the Com- mission determined that while the ex- pansion of the CA zone to the White Street property was justifiable they concluded that continuing it to the Jackson Street parcel would be an un- necessary encroachment of commer cial zoning into a residential area. The Commission noted that though they had no objection to the continued use of the Jackson Street property as a parking lot they wished to see it accomplished by some other than Commercial Zoning Classification. The City Planning and Zoning Com- mission has voted to approve the C4 General Commercial District classifica- tion on the White Street property only and recommends your favorable consid- eration. CITY PLANNING ANI) ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmem Brady, Pregler, Tully, Wertzberger. Nays — None. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, he amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying portions of L. H. Langworthy's Addi tion from R-4 Residential District Clas sification to C-4 General Commercial District Classification, presented and read. Mayor Stackis moved that the read. ing just had be considered the first rea- ding of the Ordinance. Seconded by Councilman Pregler. Carried by the fol Iowingvote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Mayor Stackis moved that the rule requiring an Ordinance to he received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Pregler. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Mayor Stackis moved that a public hearing he held on the Ordinance on September 6, 1977 at 7.30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler. Carried by the follow - i n g vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Honorable Mayor July 25,1977 and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of D. James and Patricia Edwards requesting R-2 and R-4 Residential District classification on their property which was recently annexed to the City of Dubuque. Iowa. The Edwards' property lies south of Kelly Lane and west of Edwards Road. The Planning and Zoning Commis- sion reviewed the preliminary plat of the Edwards' property, to be known as Patricia Anne Subdivision, as they con- sidered the zoning classification propos al, and concluded that some slight modi- fications to the requested R4 District parcel was in order and recommended deleting a small portion of the request- ed R-4 District at the extreme south and adjusting other boundaries to con- form with the approved preliminary plat and those changes are reflected in the attached Ordinance and on the at- tached map. The Commission has approved the re. quest for R-2 and R-4 Residential Dis- trict classification on the Edwards' property and recommends your favor- able avorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: lar Session, August 1, 1977 409 yeas — Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzherger. Nays — None. AN ORDINANCE, of the City of Do- buque, Iowa. providing that the Cale of Ordinances, City of Dubuque, Iowa be amended by revising Appendix A thereof. also known as the "Zoning Or dinancc and Zoning Map of the City of Dubuque, Iowa". by reclassifying por tions of the Edwards' Property known as Patricia Anne Subdivision, from AC. Agricultural District to R-2 Residential District and R 4 Residential District Classification, presented and read. Councilman Pregler 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 Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to he re ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays — None. Councilman Pregler moved that a public hearing be held on the Ordinance on September ti, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by the law. Sec onded by Councilman Wertzherger. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays - None. Petition of Dubuque Sertoma Club requesting permissing to sell light bulbs on September 10th, presented and read. Mayor Stackis moved that the request he approved subject to final ap- proval of the City Manager. Seconded by Counciman Brady. Carried by the following vote: Yeas -- Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of St. Anthony Messenger requesting permission to solicit sub seriptions to their magazine, presented and read. Mayor Stackis moved that the request he approved subject to final ap proval of the City Manager. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzherger. Nays — None. Petition of F. N. Smith Construction Co. requesting permission to excavate in Admiral Street, presented and read. Mayor Stackis moved that the request he approved. Seconded by Councilman Bradv. Carried by the following vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. Petition of William J. Avenarius re- questing connection to city water at 140 Aquin Street, outside the City limits, presented and read. Councilman Wertz- berger moved that the request he de- nied. Seconded by Mayor Stackis. Car. ried by the following vote: Yeas — Mayor Stackis. Councilmen Brady. Pregler. Tully, Wertzherger. Nays — None. Petition of Dubuque Noon Lions Club requesting permission to conduct a cir- cus on Industrial Island at Kerpr & Shi- ras on August 29, 1977, presented and read. Councilman Tully moved that the request he approved subject to final ap- proval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Petition of United Cerebral Palsy re- questing permission to solicit funds dur- ing the week of September 18, 1977, pre- sented and read. Councilman Tully mov. ed that the request he approved subject to final aproval of the City Manager. Se- conded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Couneflmen Brady, Pregler, Tully, Wertzberger. Nays none. Communication of Dubuque Supply Company submitting findings relative to the proposed period lighting on Main Street between 1st and 4th Streets, pre- sented and read. Councilman Wetzber. ger moved that the coummunication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Peas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construction of Main Street Lighting from First to Fourth Street, presented and read. councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Car ried by the following vote: 410 Regular Session, August 1, 1977 Yeas -Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays -none. (Namssity for Improvement) RESOLUTION NO. 281.77 WHEREAS. proposed plans, specifi cations. and form of contract have been duly prepared and approved by the City council of the City of Dubuque. Iowa, and are now on file in the office of the City Clerk showing among other things the following: 111 The plan of such improvement (2) An estimate of the cost of the improvement. for the construction of the Main Street Lighting from First Street to Fourth Street. 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 pro- perty owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- tions 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 ap- proved by the City Council and are now on file with the City Clerk. That the cost and expenses of making said improve- ment 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 18th day of July, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved final adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following Vote: Yeas -Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays -Councilman Pregler. Decision of council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 297.77 WHEREAS, proposed plans and spec ifications and form of contract for the construction of Main Street Lighting from First Street to Fourth Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977, pertaining to public con- tracts 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 1st day of August, 1977, WHEREAS, the City Council met in regular session this 1st day of August, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to he heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob- jections which have been made and fil- ed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of con- tract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of ibis Council upon all objections which have been filed to the plans specifications and form of cost said improvement he made a matter of permanent record in connec- tion with said improvement. Passed adopted, and approved this 1st day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded byMayor Stackis. Carried by the follow ing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Regular Session, August 1. 1977 (Ordering Construction) RESOLUTION NO. 298-77 BE IT RESOLVED by the City Coun- cil of the city of Dubuque that pursuant to a resolution of necessity No.281-77 which was duly passed by this Council, for the construction of the Main Street Lighting From First Street to Fourth Street. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the peti- tion of property owners. All the work shall he 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 improvements be paid from the community Develop- ment Block Grant Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall he in force and effect from and after its pas- sage and adopion by the City Council. Passed adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vole: Yeas Mayor Stackis. Councilmen Brady. 'Cully. Wertzherger. Nays -Councilman Pregler. Proof of Publication, certified to by the Publisher. of Notice to Contractors of the Receipt of Proposals for the Con- struction of the City of Dubuque 1977 Curb Replacement Project, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by council man Pregler. Carried by the following vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. July 27,1977 Tot he Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m.. Wednesday, July 27, 1977 for the City of Dubuque 1977 Curb Replacement Pro- ject. The lowest bid was entered by Tri - Slate Paving Company. Division of Du - 411 huque Stone Products of Dubuque, Iowa. Their bid was 0.001% under the en. gineer's estimate. I recommend that the contract for the improvement he awarded to the Tri- state Paving Company, Division of Du- buque Stone Products. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following Vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays none. (Awarding Contract) RESOLUTION NO. M-77 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1977 Curb Replace- ment Project pursuant to Resolution No 228.77 and notice to bidders published in a newspaper published in said City on Julv 21, 1977. and WHEREAS. said sealed propoals were opened and read on July 27, 1977, and it has been determined that the bid of Tri- state Paving Company, Division of Du- buque Stone Products of Dubuque in the amount of $30.575.83 was the lowest bid for the furnishing of all labor and mater- ials and performing the work as provid- ed for in the plans and specifications; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving Company. Division of Dubuque Stone Products and the Manager be and he is herebv 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 instructed to return the bid deposits of the unsuc- cessful bidders. Passed and adopted this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol lowing vole: 412 Regular Session, August 1, 1977 Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for the Con- struction of City of Dubuque 1977 As- phalt Paving Project. No. 1, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by councilman Wertzberger. Carred by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays -none. July 26.1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m.. Tuesday, July 26,1977 for the City of Du- buque 1977 Hot -Mix Hot -Laid Asphaltic Concrete Paving Project No. 1. The Lowest bid was entered by Tri State Paving Company, Division of Du buque Stone Products of Dubuque, Iowa. Their bid was 6.5% under the engineer's estimate. I recommend that the contract for the improvement be awarded to the Tri- State Paving Company, Division of Du- buque Stone Products. Gilbert D. Chavenelle City Manager Council Pregler moved that the com- munication be received and filed. Second. ed by Concilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. (Awarding Contract) RESOLUTION NO. 300-77' WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1977 Asphalt Paving Project No, l pursuant to resolution No. 198-77 and notice to bidders published in a newspaper published in said City on July 11,1977: and WHEREAS, said sealed proposals were opened and read on July 26, 1977, and it has been determined that the bid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque, Iowa 52001 in the amount of $189,407.79 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 con tract for the above mentioned improve ment be awarded to Tri-State Paving Company, Division of Dubuque Stone Products and the Manager he and he is hereby directed to execute a contract on 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 unsuc- cessful bidders. Passed and adopted this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of Necessity for public im- provements and hearing upon proposed plans and specifications, form of con- tract and cost of improvements for the construction of the Five Flags Civic Cen- ter located at 4th and 5th, Locust and Main Streets, presented and read. Coun. cilman Pregler moved that the proof of publication be received and filed. Se- conded by councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays -None. Abstain -Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 294-77 WHEREAS, proposed plans, specifica- tions, and 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 follow- ing: 1. The plan of such improvement 2. An estimate of the cost of the im- provement for the construction of the Five Flags Civ is Center located at 4th, 5th, Locust and Main Streets, Dubuque, Iowa. BE IT THEREFORE RESOLVED that the City Council on its ow n motion deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners Regular Session, August 1, 1977 at, the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of improvement, they shall he deemed to have waived all objections thereto. Said improvement shall he construct. ed and done in accordance with the plans and specifications which have been ap. proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid out of funds of a Gener- al Bonds issue and other funds legally permissable. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 181h day of July. 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the Citv Council this 1st day of August, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adop. tion of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain Councilman Tully. Decision of council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 301-77 WHEREAS, proposed plans and sped ifications and form of contract for the construction of the Five Flags Civic Cen- ter located at 4th, 5th, Locust and Main Streets, Dubuque, Iowa have been approved by the City Council of the City of Dubuque and public no- tice given as provided by Chapter 384 of the Code of Iowa 1977 pertaining to pub. lic contracts and bonds, and the time and Place fixed for the hearing of all objec- tions to said plans, specifications or con tract for or cost of such improvements, said time being this 1st day of August, 1977; and WHEREAS, the Pity Council met in regular session this 1st day of August, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur Pose of hearing all interested parties and considering any and all objections which :1,1977 413 been filed to the proposed plans, specifi- cations or contract for or cost of the im. provement herein described and propos. ed to he made; and WHEREAS, all interested parties have been given an opportunity to he heard and all objections which have been duly weighed and considered: now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objee. tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein describ. ed and proposed to be made, be and the same hereby overruled and such pians, specifications and form of contract here- tofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays -none. Abstain -Councilman Tullv. (Ordering Construction) RESOLUTION NO. 302-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Neces- sity No. 29477 which was duly passed by this Council for the Five Flags Civic Center located at 4th, 5th, Locust and Main Streets, Dubuque, Iowa. 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 heretofore adopt- ed and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve- ment be paid from the General Bonds is- sue and other funds legally permissible. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby order. 414 Regular Session, August 1, 1977 ed and directed to advertise for propos- als 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 pas- sage and adoption by the City Council. Passed adopted, and approved thislst day of August, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the follow- ing vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays -none. Abstain -Councilman Tullv. July 13, 1977 Honorable Mayor And Councilmen The City of Dubuque Planning and Zon ing Commission has reviewed the final plat of "Terrace Estates First Addition," a subdivision of property owned by Man- ternach Development Company which lies west of Peru Road south of the Ter- race Heights Mobile Home Park in the City of Dubuque, Iowa. The final plat is depicted on the attach- ed map and shows the development plan for 31 single-family residential lots and 9 multi -family residential lots and dedi- cating Aerostar Drive, Cessna Drive, Piper Court and Enstrom Court as pub. lic streets. The Planning and Zoning Commission has found the final plat of "Terrace Es- tates First Addition", to be in conform- ance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication he received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeaa-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. st 1, 1977 RESOLUTION NO. 303.77 Resolution approving the final plat of Terrace Estates 1st Addition in the City of Dubuque, Iowa. WHEREAS. there has been filed with the Citv Clerk a plat of the Subdivision to be to be known as: Terrace Estates Ist addition in theCit y of Dubuque. Iowa, by Thomas J. Manternach, in the City of Dubuque. Iowa: and WHEREAS, upon said plat appear streets to be known as Aerostar Drive, Cessna Drive, Piper Court., and Enstrom Court, together with the adjacent right- of-way of Peru Road and certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said the plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed mdorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statues and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed: NOW, THEREFORE, BE IT RESOLV- ED BY THE City Council of the city of Dubuque, Iowa: Section 1. That the dedications of Aero - star Drive, Cessna Drive, Piper Court. and Enstrom Court, together with the right-of-way of Peru Road and new ease menta for public utilities as the same ap pear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Terrace Estates 1st Addition in the City of Du- buque, Iowa, and the right-of-way here- by being dedicated above in Section 1 be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: 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 intergral curb, all in accordance with City of Dubuque Standard Speci fications; To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; To install water mains and water ser vice laterals in accordance with plans submitted with the plat: To install storm sewers and catch basins in accordance with plans sub mitted with the plat: Regular Session, August 1, 1977 e. To install concrete sidewalks as re- quired by Ordinances. and where di- rected by the City Engineer and the City Manager. I. To construct all improvements in compliance with any and all appli- cable City of Dubuque Specifications and as approved by the City En- gineer; g. To maintain the foregoing improve ments for a period of four (4) years from the date of their acceptance by the Ci- ty of Dubuque. Iowa; h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Subdivider, Thomas J. and Cecilia M. Manternach, as own- ers; i. To construct said improvements except sidewalks. prior to July 15. 1979, and to construct the sidewalks prior to July 15, 1981. j. To install in accordance with City Specification, boulevard street light. ing within thirty 1301 days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision. and further, provided that said Thomas J. Manternach, as Owner of said Subdivi- sion. secure the performance of the fore- going conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the even Thomas J. Manternach shall fail to execute the ac- ceptance and furnish the security pro- vided 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 1st day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 303.77 We, the undersigned Thomas J. Man- ternach having read the terms and con. ditions of the foregoing Resolution No. 303-77 and being familiar with the con. ditions thereof, hereby accept the same and agree to perform the conditions re quired therein. st 1, 1977 415 Dated at Dubuque, Iowa, this lot day of August, 1977. Thomas J. Manternach TO: Lee F. Frommelt City Clerk This is to certify that the security pro- vided by the foregoing RESOLUTION NO. W&77 has been furnished by the Own. ers. Dated at Dubuque, Iowa, this 8th day of September, 1977. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adop- tion of the Resolution. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas -Mayer Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. July 22,1977 Honorable Mayor and Members of City Council Attached please find a proposed res- olution transferring 49,040.00 of CDBG Funds from the Urban Renewal Land Pro - jest -Iowa R-15 Land Purchase to the Pro- gram Administration Fund. This transfer is necessary to cover the cost of two building inspectors working in the Rehabilitation area and the addi- tional cost resulting from the FY'78 wage package. We have attached's compara- tive resume indicating the differences between the budget adopted for FY 1978 by the City Council and the budget sub- mitted to HUD which was approved in Grant Agreement B -77 -MC -19-0004 dat- ed May 10, 1977. The adoption of this resolution will amend the above agreement, and does not require the approval of HUD. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 304-77 A RESOLUTION DIRECTING THE TRANSFER OF COMMUNITY DEVEL. OPMENT BLOCK GRANT FUNDS FROM THE URBAN RENEWAL LAND PRO. JECT IOWA R-15 LAND PURCHASE TO THE PROGRAM ADMINISTRATION FUND NOW THEREFORE, BE IT RESOLV- ED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to ex- ceed Forty-nine Thousand Forty Dollars 1$49,040.001 shall be transferred from the Urban Renewal Land Project Iowa 416 Regular Session, August 1, 1977 R-151.and Purchase to the Program Ad ministration Fund for the purposes of amending Grant Agreement 11-77 MC 19.0004 dated May t0, 1977. Passed, adopted, and approved this III day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adop- tion of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 305.77 A RESOLUTION DIRECTING THE TRANSFER OF COMMUNITY DE VELOPMENT BLOCK GRANT FUNDS FROM THE COMISKEY PARK IMPROVEMENT PROJECT TO THE COMISKEY PARK TENNIS COURT RECONSTRUCTION PRO - NOW THEREFORE, BE IT RESOLV- ED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to ex- ceed Five Hundred Thirteen Dollarsand Forty-eight Cents 1$513.481 shall be trans- ferred from the Comiskey Park Improve- ment Project to the Comiskey Park Ten- nis Court Reconstruction Project for the purposes of completing a construction contract. Section 2. That the foregoing transfer of funds has heretofore been approved by the Community Development Com- mission. Passed adopted, and approved this 1 st day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adop- tion of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 306.77 A RESOLUTION DIRECTING THE TRANSFER OF COMMUNITY DE- VELOPMENT BLOCK GRANT FUNDS FROM THE CONTINGEW CY FUND TO THE MAIN STREET LIGHTING PROJECT NOW TH EREFORE:. BE IT RESOLV- ED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to ex ceed Fourteen Thousand Rix Hundred Fifty-one 1$14.651.0111 shall he transferred from the Fiscal Year 1977 Community De velopmenl Block Grant Contingency Fund for the purposes of securing the award of a construction contract for the Main Street lighting Project. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adop- tion of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. Proof of Publication, certified to by the Publisher, on Community Development Block Grant Program for acquisition of site for relocation of Fire Engine House #1 from 18th Street., presented and read. Councilman Pregler moved that the proof of publication be received and filed. Sec- onded by Councilman Wertzberger. Car- ried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. RESOLUTION NO. 307.77 AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMU NITY DEVELOPMENT BLOCK GRANT PROJECTS WHEREAS, the City of (Dubuque in conformance with the Environmental Re- view Procedures for the Community De- velopment Block Grant Program conven ed an ad hoc committee on June `L9, 1977, and completed an Environmental Assess ment of the following identified propos al (project) with Community Development Block Grant funds; and Acquisition of site for relocation of Fire Engine House sl from 18th and Regular Session, August 1, 1977 417 Central to area bounded Ly city lim its on north, White Street on east. 30th Street on south and Lemon Street on west. WHEREAS. pursuant to Resolution No. 271 77 adopted July 18, 1977. Public Notice of a "Finding of NOSignificant Ef feet on the Environment" for the propos at (projecti was published July 19. 1977. in the Dubuque Telegraph Herald. a news paper of general circulation, and provid ed for a public comment period until 12:00 noon. Friday. August 5. 1977: and WHEREAS. Public Notice of a "find- ing of No Significant Effect on the Envir- onment" for the proposal (project) was sent by regular mail to various Federal. state and local public agencies and to the local news media. individuals and groups known to he interested and believed to be appropriate to receive such a Public No- tice: and WHEREAS, any and all objectives, if any, to such proposals have been duly con sidered: and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the I •.S. Department of Hous- ing and Urban Development for release of funds under the said Act to carry out the above identified project. now there fore BE IT RESOLVED BY THE City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for the proposal (projectl shall continue to remain on file in the Of, five of the City Clerk, where said records may be examined and copied by any inter- ested nterested party. Section 2. That the Mavor of the City of Dubuque is hereby authorized and dir• ected to submit to the U.S, department of Housing and Urban Development on August 16, 1977, a request for release of funds to undertake the said Project. Section 3. That the Mayor of the city of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble Federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Ievelopment's responsibilities for re view, decision making, and action assum- ed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the Ci ty of Dubuque is hereby authorized to consent personally, in his official capaci ty and on behalf of the City of Dubuque. to accept the jurisdiction of the Federal courts it an action is brought it, enforce responsibilities in relation to environ mental re+ie+ss, decision making and anion. Section S. That the Mayor of the City of Dubuque he and he is hereby autherit ed and directed to execute a Certification pertaining to the environmental review procedures. Section 6. That the Pity Clerk be and he is hereby authorized and directed to puhh%h a Politic Notice for a Request for Release of Funds and Certification in the form of Exhibit " A" attached heretoand made a part hertv.f. Passed, adopter!, and approved this 1st day of August. 1977. Emil Stackis Mayor Thomas A. Tullv Jr. Richard Wertxherger James E. Brady Walter A. Pregler Councilmen ATTEST: I.eo F. Frommelt City Cierk EXHIBIT PUBLIC NOTICE Pursuant to the Environmental Be. view Procedures for the Community De- velopment Block Grant Program, the Ci - ty of Dubuque intends to file a request on August 16.1977. for Release of Funds for Certification of the following identified project to be undertaken with funds made available under Title I of the Hous- ing ousing and Community Development of 1974. Acquisition of site for relocation of Fire Engine House sl from 18th and Central to area hounded by city lim- its on north, White Street on east. 30th Street on south and Lemon Street on west. The City of Dubuque has made an En- vironmental Review Record for the pro- ject, and has placed these records on file in the Office of the City Clerk in City Hall. I Ith and Central Streets. Dubuque, Iowa where said records may he examined and copied between the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday until 5:00 p.m., on the 31st day of August. 1977. The name of the applicant is the City of Dubuque. Iowa, and the Chief F:xecu five officer of the. applicant is Mayor Emil Stackis. The mailing address for both the applicant and the Chief Executive Officer is City Hall, 13th and Central Streets, Dubuque, Iowa. The City of Dubuque will undertake the project described above with block grant funds from the U.S. Department of Hous ing and Urban Development (HUD), un der Title I of the Housing and Communi ty Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Emil Stackis, in his official capacity as Mayor, consent to ac cept the jurisdiction of the Federal courts if an action is brought to enforce respon 418 Regular Session, August 1, 1977 sibilities in relation to environments re views, decision-making, and action; and that these responsibilities have been sat isfied. The legal effect of the certification is that upon its approval, the City of Du buque may use the block grant funds and HUD will have satisfied its responsibili ties under the National Environmental 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 certification was not in fact exer- ted by the Chief Executive Officer or oth- er officer of applicant approved by HUD; or (b) that applicant's environmental re view record for the project indicates orris cion of a required decision, finding, orstep applicable to the project in the environ- mental review process. Objectionsmust be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds on a basis other than those stated above will not be con sidered by HUD. No ob- jection received after the 31st day of August, 1977, will be considered by HUD. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas — Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays — None. RESOLUTION NO. 308.77 Authorizing submission of a request for release of funds for certain community development block grant projects WHEREAS, the City of Dubuque in conformance with the Environmental Re- view Procedures for the Community Development Block Grant Program con- vened an ad hoc committee on May 19, 1976 and completed an Environmental Assessment of the following identified proposals (projects) with Community Development Block Grant funds: and Neighborhood Parks Acquisition and/or Development WHEREAS, pursuant to Resolution No. 72.76 adopted May 24, 1976, Public Notice of a "Finding of No Significant Ef- fect on the Environment" for the propos- als (projects) was published May 25, 1976, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Wednesday, June 18, 1976: and WHEREAS, Public Notice of a "Find. ing of No Significant Effect on the Envi ronmen(" for the proposals iprojects) was sent by regular mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to he 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 sub- mission of a request to the U.S. De- partment of Housing and Urban Deve. lopment for release of funds under the said Act tocarry out the above identified projects: now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for each of the proposals iprojectsl 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 dir- ected to submit to the U.S. Department of Housing and Urband Development on the 10th day of August, 1977, a request for release of funds to undertake the said projects. Section & That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble Federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development's responsibilities for review, decision-making, and action as- sumed and carried out by the City of Du- buque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent 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 environ- mental reviews, decision-making and ac- tion. Section S. That the Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to execute a Certifica- tion pertaining to the environmental re- view procedures. 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. Regular Session, August 1. 1977 419 Passed adopted, and approved this 1st day of August. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wert zherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De velopment Block Grant program, the City of Dubuque intends to file a request on August 10. 1977, for Release of funds for Certification of the following identified projects to be undertaken with funds made available under Title I of the Hous- ing Community Development Act. of 1974. Neighborhood Parks Acquisition and/or Development The City of Dubuque has made an Environmental Review Record for the projects, and has placed I hese records on file in the OffieP of the ('itv ('le-rk in ('itv Hall. 13th and Cvnlral Strects. Du buque. Iowa. where said record% may he examined and copied bet w ven the hours of 8:00 A.M. and 5:00 P.M.. Monday through Friday, the last da} being the 26th day of August. 1977. The name of the applicant is the City of Dubuque. Iowa, and the Chief Execu- tive Officer of the applicant is Mayor Emil Stackis. The mailing address for both the applicant and the chief Execu- tive Officer is City Hall,13th and Central 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 Com- munity Development Act of 1974. The City of I)uhuque is certifying to HUD that the City of Dubuque and Emil Stackis, in his official capacity as Mayor, consent to accept the jurisdiction of the Federal courts if an action is brought to enforce responsiblities in relation to environ- mental reviews, decision making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approv al, the City of Dubuque may use the block grant funds and HUD will have sa- tisfied its responsibilities under the Na tional Environmental Policy Act of 1969. Hill) will accept an objection to its approval of the release of funds and ac- ceptance of the certification only if it is on one of the following bases (a) That the certification was not in fact executed by the Chief Executive Officer or other of- ficer of applicant approved by HITD: or (6) that applicant's environmental re- view record for the project indicates omission of a required decision, finding, or step applicable to the project in the environmental review process. Objec. tions must, he prepared and submitted in accordance with the required procedure 124 CFR Part 581, and may be addressed to HUD at the Omaha Area Office. 7100 West Center Road, Omaha, Nebraska M106. Objections to the release of funds on hales other than those stated above will not be considered by HUD. No objet. tion received after the 26th day of Au- gust will he considered by HUD. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. Communication of Planning & Zoning Commission recommending favorable consideration of the final plat of Lots 2 thru 18of Block 17 in Mettel-Byrne Addi- tion and A RESOLUTION approving the plat of Lots 2 thru 18 in Block 17 Mettel- Byrne Addn. in the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the communication and resolution be tabled to the meeting of Seplember6.1977. Seconded by Coun cilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays -none. July 26. 1977 Honorable Mayor and City Council Attached is a recommended two year contract with Computer Consulting Ser- vice. Inc. to continue providing specified data processing services. The contract covers fiscal years 197811979 and includ es an update on the rates and services provided under past contracts. The rates and services delineated in the con tract are budgeted for fiscal year 1978. The attached resolution authorizes the City Manager to enter into the agreement. (filbert 1). Chavenelle City Manager Councilman Pregler moved that the communication be recieved and filed. Se conded by councilman Wertzberger. Car- ried by the following vote: 420 Regular Session. August 1, 1977 Yeas Mayor Stackis. Councilmen Itr:ufv. Pregler, Tully, Wertzberger. Nays none. RESOLUTION NO. 309-77 Authorizing the execution of a con. tract with Computer Consulting Ser- vice, Inc. WHEREAS, for the efficient and ex- penditious handling of certain municipal operations, it is necessary for the City of Dubuque to continue to purchase certain data processing services covering pay- roll records; fund ledger; budgetary sys- tem; water, sewer and refuse billing, po lice operational reports and parking vio- lations: and oche miscellaneous services. NOW THEREFORE, BE IT RESOLV- ED BY THE CITY OF DUBUQUE, IOWA: Seclon 1.That the City Manager be and he is hereby authorized and directed to enter into an agreement with Computer Consulting Services, Inc. to provide the City of Dubuque with comprehensive da. ta processing services. Passed adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council man Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. July 27, 1977 Honorable Mayor Members of City Council Attached, please find Resolution Au- thorizing Public hearing regarding the 100 Unit Application for Existing Hous. ing which you recently applied for. Such public hearing is required by State law and by HUD. Please be advised that you are re- quested to set the date for said hearing. I would suggest setting it for approxima tely one month from now. Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays none. RESOLUTION NO.310 77 Authorizing publication of notice of public hearing and setting date for public hearing to consider citizen in, put on implementation of section 6 existing housing program for 100 units WHEREAS, the City of Dubuque has applied to the Department of Housing and Urban Development (HUDI for one. hundred (1001 units of Section 8 Ex- isting Housing; and WHEREAS, Chapter 403A.28, as amended, of the Code of Iowa, is re- quired to hold a Public Hearing before such project can be implemented; and WHEREAS. HUD, requires that all local and state laws be complied within order for the City of Dubuque's applies. tion to be processed; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque Public Housing Program to hold a Pub. lic Hearing on the matter; 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 direct- ed to publish notice of a public hearing in a newspaper of general circulation within the City of Dubuque, Iowa at least fifteen (15) days prior to the date set for the hearing in the form of Ex- hibit "A" attached hereto and made a part hereof. Section 2. That the City Council will hold such Public hearing on September 6. 1977, at 7:30 p.m. in City Council Chambers, City hall, Dubuque, Iowa. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by coun- cilman Tully Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays -none. July 26. 1977 To the Honorable Mayor and City Council The attached agreement provides for the Iowa Department of Transporta- tion's participation in the paving of