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1977 January Council Proceedings 1977 INDEX-BOOK 107 SUR,TECT z July 5-Zwack, Atty. Joseph, mlucstin" 5 ton Rross wei"ht limil ou Sept. 14-~i%l~eI;:~~;h~;d ~~p~int~dll; Ci~j¡ i;~;~¡~~ r;~~;';i;si;;....,. ~~~ Orl. 17 -Zephyr A'tuminum Prod'H'ts awarded contract for rpplal'emeul of City Hull Windows.. ,.... . 5,gB, 547 PaRc Regular Session, January 3, 1977 CITY COUNCIL Regular Session, Januaoy 3, 1977. Council Met at 7:30 P.M. (C.S.T.) Present - Councilmen Brady, Stack's, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Mayor Pro Tem Stackis of the year 1976 called the meeting to order and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council, and also the first meeting of the year 1977, called for the purpose of acting upon such business as may properly Come before the meeting, Councilman Tully moved that Coun- cilman Emil Stackis be elected to serve as Mayor for the ensuing fiscal year of 1977. Seconded by Councilman Wertz- berger. Carried by the following vote: , Yeas - Councilmen Brady, Stackis, Tully Wertzberger. Nays - None. City Clerk Leo F. Frommelt adminis- tered the oath of office to Mayor Emil Stackis who took his place in the Mayor's chair at the Council table. 'RESOLUTION NO. 1-77 LU~~~~;:~~r;;o~~~~I~u~':n~::~n h7~ I resignation from his office of City Councilman which resignation has been accepted with regrets, and that said resignation is effective December 31, 1976; and WHEREAS, on this date a vacancy exists in the office of the City Council- man of the City of Duhuque,lowa and same should be filled in order that the orderly processes of government may be pursued; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Walter A, Pregler be and he is hereby appointed City Coun- cilman of the City of Dubuque, Iowa for the balance of the unexpired term of the said Alvin E, Lun1lh unless a special election is sooner held to fill the office for the remaining balance of the unex- pired term, Passed, adopted and approved this 3rd day of January, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Councilman Tully moved adoption of the resolution, Seconded by Council- man Wertzberger, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays - Councilman Brady, City Clerk Frommelt swore in newly appointed Councilman Pregler, Coun- cilman Tully moved that Councihhan Brady be elected to serve as Mayor Pro Tern for the year 1977, Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, RESOLUTION NO. 2-77 Providing lor the apPointment 01 a City Manager, City Clerk, and City Solicitor lor Ibe City 01 Dubuque, Iowa: Providing lor their bonds, and IIxlng their salaries. BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: That the following officers be ap- pointed, subject however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without cause, and to be paid the com- pensation provided in the current bud- get and that the City Manager provide a bond in the amount of $5,000, and the City Solicitor provide a bond inthe amount of $1,000 at their own expense and that the City Clerk be covered under the blanket Honesty bond of the City. City Manager, Gilbert D, Chavenelle City Clerk ,..."... LeoF,Frommelt City Solicitor .,......." R.N. Russo Passed, adopted and approved this 3rd day of January 1977. Emil Stack;s Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger, Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, Mayor Stackis swore in Gilbert D. Chavenelle as City Manager, Leo F. Frommelt as City Clerk and R.N, Russo 2 Regular Session, January 3, 1977 as City Solicitor to serve during the Calendar Year 1977. RESOLUTION NO. 3-77 Designating the Onlclal Newspaper 01 the City 01 Dubuque, Iowa. Councilman Tully moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: That "The Telegraph Herald" a daily newspaper of general circulation be appointed the official newspaper of the City of Dubuque, Iowa, Passed, adopted and approved this 3rd day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen RESOLUTION NO. 4-77 Resolullon Naming DepositorIes BE IT RESOLVED BY THE City Council of the City of Dubuque of Dubuque County, Iowa: That we do hereby designate the following named banks to be depositories of the City of Dubuque, Iowa funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to-wit: Max, Dep. in effect under prior resolution $5,000,000.00 $5,000,000.00 $5,000,000.00 $5,000,000,00 ATTEST: Leo F. Frommelt City Clerk NAME OF DEPOSITORY Amer, Trust & Savings Bank Dub. Bank & Trust Co, First Nat, Bank of Dubuque Key City Bank & Trust Co, LOCATION Dubuque, Ia Dubuque, Ia Dubuque, Ia Dubuque,la Max, Deposit under this resolution $15,000,000.00 $10,000,000.00 $10,000,000.00 $10,000,000.00 Dated at Dubuque, Iowa, this 3rd day of January, 1977, (SEAL) time of budget hearing and as set out in the attached Wage, Salary and Benefit Book, Leo F. Frommelt City Cler:, Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully, Carried by the following vote: Yeas - Mayor Stacki", Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. The amount authorized by this re- solution is hereby approved. Maurice E. Baringer Treasurer of State January 3, 1977 To the Honorable Mayor and City Council As City Manager, I wish to advise your Honorable Body that all officers and employees who I have power to appoint and are under my supervision, direction, and control and whose ap- pointments continue at the pleasure of the Manager, and who are now serving in their respective çapacities, will be paid salaries in accordance with the detailed distribution of proposed ex- penditures for the period of July I, 1976 through June 30, 1977, as amended, which the Council establisbed at the Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Counèilman Wertzberger, Carried by the following vote: Yeas .,- Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, January 3, 1977 Honorable Mayor and Members of the City Council We hereby submit personal bonds for the City Manager and City Treasurer and desire to have your approval on same. Gilbert D. Chavenelle, Midwestern Ca- sualty & Surety Co. Bond No. FO-5583S $5,000. to 12-31-77. Gerald Hird, Tho Ohio Casualty Insur- ance Co., Bond No. 1898047 $50,000 to 12-31-77 Gilbert D, Chavenelle City Manager Councilman Tully moved that the communication be received and filing approved. Seconded by Councilman Regular Session, January 3, 1977 3 Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Five Flags Build- ing Committee submitting minutes of their meeting of December 16, 1976, 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 Kenneth R. Pease submitting a copy of resignation of Wesley Schlotzhauer Jr. from the Li- brary Board, presented and read, Coun- cilman Wertzberger moved that the communication be received and filed and resignation accepted with regret. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stack is, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Emanuel Pieter- son Historical Society submitting pur- poses of their society and requesting a proclamation commemorating Black History Day, Week or Month during February, presented and read, Council- man Tully moved that the communica- tion be received and filed and referred to the Human Rights Commission for in- put and report. Seconded by Council- man Wertzberber, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque Area In- dustrial Development Corporation sub- mitting a resolution commending Iowa DOT for increased Planning and Con- I struction of Freeway 520 and requesting Council participation, 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, RESOLUTION NO. 5-77 Resolution commending Iowa Dot lor Increased Planning and Con- atrucllon 01 Freeway 520 WHEREAS, the City Council of Dubuque, Iowa being fully informed of the current status of the 520 Freeway Project, and cognizant of the impor- tance of this project to the agricultural, industrial and general business climate of Northern Iowa, and WHEREAS, the City Council of Dubuque, Iowa being full aware of the safety factor involved in four lane highways, and WHEREAS, the City Council of Dubuque, recognizes the efforts of the "520 First Association" to urge the early completion of the 520 Freeway Project, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the City Council of Dubuque, Iowa, that it her- eby supports the purposes and objec- tives of the "520 First Association", and commends the Department of Tran- sportation, State of Iowa, for its far- sighted judgement to plan increased construction of Freeway 520 in North- ern Iowa by 1980, and further, that the DOT be urged to keep a high priority on this very vital project. Emil Stackis Mayor Passed: January 3,1977 Approved: January 3, 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. Communication of Iowa Department of Environmental Quality submitting Sewer Construction Permit for Birch Acres on Fremont, 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. Proof of Publication, certified to by the Publisher, of Notice of Hearing in- dicating no significant effect on envir- onment for the project of Main Street lighting, comments up to December 24, 1976, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. December 29, 1976 To the Honorable Mayor and Members of the City Council We have approved a sidewalk bond 4 Regular Session, January 3, 1977 Regular Session, January 3, 1977 5 continuation certificate for the benefit of Gilbert Roling and desire to have your approval of same for filing. Bond No. S-729511 continuation cer- tificate from 1-18-77 to 1-18-78. Gilbert D, Chavenelle City Manager Councilman Tully moved that the communication be received and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None, Communication of Richard Friedman submitting his resignation from the Planning & Zoning Commission effec- tive December 29, 1976, presented and read. Councilman Wertzberger moved that the communication be received and filed and resignation accepted with re- gret. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays - None. Notice of Claim of Donald D, & Ma- sako Dolan, in the amount of $40,000., for personal injuries received by Donald D, Dolan as the result of a fall on an icy walk in front of Irving School on December 1, 1976, presented and read. Councilman Brady moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman l'1ertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. Petition of J. J. "Hank" Waltz et al (382 signatures) requesting a special election to fill the vacancy on the Council, presented and read, Council- man Brady moved that the petition be received and filed and referred to the City Clerk for canvass. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. Petition of Marshall Birch requesting refund of $50. on unexpired portion of Cigarette License, discontinued busi- ness on 12-29-76, presented and read, Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays - None, Petition of Richard J. Barton request- ing refund of $50. on unexpired portion of Cigarette License, discontinued busi- ness on 12-27-76, presented and read. Councilman Pregler moved that the refund begranted and City Auditor dir- ected to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays-None, Petition of Edward Bailey requesting refund of $50, on unexpired portion of Cigarette License, discontinued busi- ness on 12-31-76, presented and read, Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Gary J. Hanson requesting refund of $50, on unexpired portion of Cigarette License, discontinued busi- ness on 12-15-76, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried hy the following vote: . Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. Petition of James K. Rupp requesting refund of $50. on unexpired portion of Cigarette License, discontinued busi- ness on 12-16-76, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Fondell & Sons Inc. requesting permission to excavate in 14th Street between Elm & Washington Streets, presented and read. Council- man Pregler moved that the request be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 6-77 Authorizing PublIcation 01 Nollce 01 Environmental Review Findings lor Certain Community Develop- ment Block Grant Projects WHEREAS, the City of Dubuque under dates of May 15, 1975, and June 9, 1976, entered into Grant Agreemenls B-75-MC-19-0004 and B-76-MC-19-0004 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, environmental reviews have been processed for the projects hereinafter to be described to be fin- anced with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination thaI the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: SectIon 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No. Sig- nificant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for each of the said projecls available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Rehabilitation Loan and Grant Pro- I gram in Hill Street Community Development Project Area Emergency Home Repair Program in Hill Street Community Development Project Area Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution on January 3, 1977, author- izing the submission of request to the U.S. Department of Housing and Urban Development for the release of funds authorized under Title I of the Housing and Community Development Act of 1974, to undertake the projects. Passed, approved and adopted this 3rd day of January, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Werlzberger 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 Notices of Finding of No Significant Effecl on the Environment for the Projects iden- tified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Rehabilitation Loan and Grant Pro- gram in Hill Street Community Development Project Area Emergency Home Repair Program in Hill Street Community Development Project Area The City of Dubuque has found that these Projecls have no significant effect on the environment based on the fol- lowing facts and reasons. I. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commilmenl of re- sources, known views of local groups, measures which can be in- stituted to lessen potential adverse impacts and to enhance the environment: 3. No loss of unique environmen- tal resources; 4. No irreversible developmeot development trends; 5. A minimum occurrence of ad- verse effects that cannot be avoid- ed; and 6 No impacts on properties pos- sessing historical, archaeological, architectural or cullural significance. The City of Dubuque has made an Environmental Review Record of the Projecls, and has placed these records on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa. These environmental records are available for examination and may be copied between 8:00 AM. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No furlher 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 Developmenl Act of 1974 for the Projects, Comments may be submitled to the City of Dubuque until 12:00 Noon, Thursday, January 20, 1977, addressed to Emil Stackis, Mayor of the City of Dubuque, City Hall, 13th and Iowa Streets, Dubuque, Iowa 52001. Dated and Published January 4, 1977. Leo F. Frommelt City Clerk --~-~-'- , ~. 6 Regular Session, January 3, 1977 Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO, 7-77 Fixing the Date of the Public Hearing lor Neighborhood Improvement Plana lor the Hill Neighborhood Community Development Proiect Area WHEREAS, pursuant to Chapter 403 of the Code of Iowa, as amended, a Neighborhood Improvement Plan has been prepared for the Hi!! Neighbor- hood Community Development area; and WHEREAS, Section 403.5 of the Code of Iowa, as amended, provides that the Local Governing Body shall hold a public hearing on a Community Development Project (urban renewal project) prior to the approval of such a project; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1, That the City Clerk is her- eby authorized and directed to publish a Notice of Hearing in the form of Exhibit "A" attached hereto and made a parI hereof for the Hill Neighborhood Com- munity Development Project. Passed, approved and adopted this 3rd day of January, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" NOTICE OF HEARING Hili Neighborhood Housing Rehabilitation Area Notice is hereby given in accordance with Section 403.5 of the Code of Iowa, as amended, that a public hearing will be conducted by the City of Dubuque on the Hill Neighborhood Housing Rehabilitation Area. The public hearing will be held in City Council Chambers, City Hall, 13th and Central Avenues, Dubuque, Iowa at 7:30 PM on the 17th day of January,1977. All property owners. shall take notice that the above identified project in- cludes the area bounded as follows: Beginning at the intersection of the westerly right-of-way line of Roberts Street and West Fifth Street, proceed easterly along the southerly right-of-way line of West Fifth Street, crossing Hill Street, to the easterly right-of-way line of Prospect; thence northerly along the easterly right-of-way line of Prospect Street and Prospect Street extended until it intersects with the southerly right-of-way line of Ninth Street; thence westerly along Ninth Street and University Avenue to the intersection with the westerly right-of-way of Roberts Street as extended; thence southerly along Roberts Street as extended, and Roberts Street itself to its intersec- tion with the southerly right-of- way of West Fifth Street, which is the point of beginning. The purpose of this public hearing is to consider a proposal for the undertak- ing by the undertaking by the City of Dubuque, Iowa, of a Community Development Rehabilitation Project under Chapter 403 of the Code of Iowa, as amended, with Community Develop- ment Block Grant Funds and other fin- ancial assistance as available, to carry out plans for a program of rehabilitation and emergency repair of buildings, together with the provision of physical public improvements and limited acqui- sition which may be necessary to sup- port rehabilitation activities, Any person or organization desiring to be heard will be given an opportunity to be heard at such meeting. Materials are availabie for inspection at the office of the City Clerk, City Hall, Dubuque Iowa, and at the office of the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa, between 8:00 AM. and 5:00 P.M., except Saturdays, Sundays and Holidays. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO, 8-77 WHEREAS, the City of Dubuque, Iowa has purchased the following de- scribed real estate Block 2 in "RIVER FRONT SUBDIVI- SION NO.2" in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats 24, page 348. et seq., records of Dubuque County, Iowa, subject to easements and reservations of record Regular Session, January 3, 1977 7 and delivery of Warranty Deed co veying the same should be accepted, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque,lowa: Section 1. That delivery of Warranty Deed convèying the above described real estate to the City ofDubuque, Iowa by Louis P. Mihalakis, Margaret V. Mihalakis, Milton E. Schwartz, Mary E. Schwartz, Phillip L. Mihalakis, Marlene M, Mihalakis and Bryan G. Mihalakis, dated the 23rd day of December, 1976 be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby directed to record said Warranty Deed in the office of the Recorder in and for the County of Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk 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. 9-77 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. Donald F. Bradley, 1091 Main Street Mary J, Vreeland, 1298 Main Street Steven Kraft, 2297 University Avenue Julia Nell Clark, 1322 Central Avenue Supermarket Corp., 1101 Central Avenue Albert E. Mohr, 1281 Dodge Street David H. Hoffman and William J. Dix, 450 West Locust Street Passed, adopted and approved this 3rd day of January 1977, Emil Stackis Mayor Thomas A Tully Jr. Richard Werlzberger 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, 10-77 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 Reguiar Session 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kachevas, lnc.. (Also Sunday Sales), 665 Dodge Street Donald Kies, 2620 University Ave. David H, Hoffman and William J. Dix, 450 West Locust Street Passed, adopted and approved this 3rd day of January, 1977. Emil Stackis Mayor Thomas A Tully Jr, Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk 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. 11-77 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 8 Regular Session, January 3, 1977 following named applicants a Liquor License, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kachevas, Inc" (Also Sunday Sales), 665 Dodge Street Donald Kies, 2620 University Avenue David H. Hoffman and William J. Di., 450 West Locust Street Passed, adopted and approved this 3rd day of January, 1977, Emil Stackis Mayor Thomas A. Tully Jr, Richard Wertzberger James E. Brady Walter A. Pregler Councilman 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. 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 - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None, Council Reconvened in Regular Ses- sionat8:I4P,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 J. 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 - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, Leo F. Frommelt City Clerk Approved ."""".""""" 1977 Adopted"." . 1977 ."" "" " " """"""" """"."""". .""..,."""",...".". ..."..""""""......"".". ".""""."" Councilmen ATTEST: ""."...""",."....",.",.. City Clerk Special Session, January 17, 1977 CITY COUNCIL OFFICIAL SpecIal Seasion, January 17,1977, Council met at 7:30 P.M, (C.S,T,) Preaent - 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 01 considering Levying 01 As- sessments lor the Reconstruction 01 Jackaon Street 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 Ihe City and Councilman Walter A. Pregler for work done on the Community 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 Ihat 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. 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 December 15, 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- talion Commission submilting minutes of their meeling 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 Stack is, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Housing Rehabili. tation Commission submitting minules 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 Ihat 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 I, 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, resißned, 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 9 10 Special Session, January 17,1977 Wertzberger. Carried by the following vote: Yeas - Mayor 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 BluffSt., 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 be 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 'I the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None, Special Election: Annexallon Proposition City 01 Dubuque December 28, t978 State of Iowa, County of Dubuque: SS I, 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. I 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, I 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 PRECINCT I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dub. No, YES NO 277 143 110 69 190 118 422 112 195 126 201 105 89 7S 182 71 144 70 166 88 319 133 293 91 441 131 262 104 256 94 280 114 383 122 358 91 455 108 413 145 408 113 307 91 386 122 471 143 357 91 4 206 TOTAL PERSONS VOTING 424 179 317 545 329 312 169 258 217 255 461 390 574 368 353 399 507 453 571 575 527 408 524 617 450 217 Special Session, January 17, 1977 11 Dub, So. Eagle Pt. Tablemound Absentee Total 12 173 18 209 3 84 243 131 7645 3476 188 242 88 374 11291 There were 7645 Yes Votes; 3476 No Votes. Proposition declared carried; Yes 68.74% No. 31.26% In testimony whereof, we have her- eunto set our hands and caused this to be attested to and sealed by the County Auditor as Commissioner of Elections, this 30th day of December, 1976, Wilfred Bahl Chairman Donald C. Meyers Member Absent Ray Scherrman Member ATTEST: Harold P. Meloy County Auditor and Commissioner of Elections Councilman Tully moved that the Canvass be received and filed and made a Matter of Record, Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, Communication of Takos Realty, in behalf of Sydney E. Miller of Dubuque Chips Inc., submitting a list of corpora- tion problems involving vacation of an alley; also requesting the purchase of Market Square; also seeking reparation from the City for land previously pur- chased on Southern Ave., presented and read. Councilman Tully moved that the communication be referred to the City Manager for investigation and Manager directed to report back at the February 7, 1977 Council Meeting. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Commuoication of East Central In- tergovernmental Ass'n, advising of the availability of Federal Funds for park development for land acquisition, pre- sented and read. Councilman Tully moved that Ihe communication be referred to the City Manager and Park Board. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays~None January 13, 1977 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 Code of Iowa, of the 1975 Code the Civil Service Commission conducted Bus Operator examinations on January 12, 1977. The following named applicants have passed the written examinations and are hereby certified for appointment as follows: Hinkel, Ervin D, 94% Lucas, WesleyE. 94% Curran, Jerry P. 90% Howes, Bruce R. 90% Moore, Michael W. 88% Murphy, Daniel W. 88% Stowers, Marvin R. 88% Oglesby, Lois V. 86% Schulte, Albert J. 86% Thomas, William E, 86% The above list of certified applicants constitutes the first ten to be considered for appointments. We have a second list of ten applicants that have passed the required percentage of 70%, next high- est in standing, which can be considered if the above list is exhausted within one year, Sr, Carolyn Farrell Chairperson John E. Hess Ray E. Harris Civil Service Commission ATTEST: LeoF.Frommelt City Clerk Subscribed and sworn to before me this 13th day of January 1977, Z.D. Hantelmann Notary Public Councilman Tully moved that the communication be received and made a Màtter of Record. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None, January 13, 1977 Honorable Mayor and Members of the City Council We have in response to your request reviewed the petition of Mr, Kenneth Palm to purchase certain city property located on the northerly side of Kauf- man Avenue just west of Grandview Avenue, The petitioner is the owner of the parcel of real estate located im- mediately east of the subject lot. We have inspected the property and both the City Engineer and the Development Planner concur that the property be sold to Mr, Palm. We have also contacted Mr. George Kennedy, the 12 Special Session, January 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 $750,00 pluscosts 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 your 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 - Mayor 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 Tully 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. Nays - 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- tional 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,lowa. A copy of the 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, 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 $881.54, 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 lith & 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- I 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 OR-I Office Residen- tial District Classification to OR-I"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 Stackls, 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 commerciai 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 oWertzberger. 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 IV, 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 14 Special Session, January 17, 1977 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. 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 be 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 II, 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 I 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 ofFebruary7,1977, 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 mits, the collection of permit fees, to establish an electrical appeals board and to provide penalties for violations her- eof, presented and read. Councilman Brady moved that the Ordinance be referred to the Council Meeting of Fe- bruary 7, 1977. Seconded by Council- man Wertz berger, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None, Petition of Dubuque TV-FM Cable Advisory Commission requesting the enactment of an Ordinance to establish a Commission, submitting a preliminary Ordinance; and recommending various additions and changes, presented and read. James Renier, Chairman of the Com- mission spoke to the Council relative to petition. Councilman Wertzberger moved that the petition and ordinance be referred to the City Attorney. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. Petition oflowa TOPS 131 (23 signers) being opposed to any increase in fees for the use of Allison Henderson Pavilion, presented and read, Councilman Wertzberger moved that the petition be referred to the Recreation Department for report back at the Council Meeting of February 7,1977. Seconded by Coun- cilman Tully, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. Petition of WilIiam Daugherty requesting a stop sign at Walnut and W. 11th Streets, presented and read. Coun- cilman Wertzberger moved that the I petition be referred to the City Manager and Traffic Department. Seconded by Councilman Tully, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Clarence Eulgem request- ing stop and go lights at the foot of the hill coming down from Mercy Medical Center across Dodge Street, to alleviate hazards involved trying to get into the Doctor's Court, presented and read. Councilman Wertzberger moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. Petition of American Legion Aux- iliary requesting permission to conduct their annual Poppy Day Sale on May 27th and 28th, 1977, presented and read. Councilman Wertzberger moved that the request be approved subjecI to coordination of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Joseph E. Reisdorf requesting refund of $50., on the unex- pired portion of Cigarette License No. 965, discontinued business on December 31, 1976, presented and read. Council- man Wertzberger moved thaI the refund be granted and City Auditor direcled to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, Pelition of Theodore C. Bartman requesting refund of $50. on the unex- pired portion of Cigarette License No. 923, discontinued business on December 31, 1976, presented and read. Council- man Wertzberger 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, Pregier, Tully, Wertzberger. Nays-None, Petition of Greg Cigrand et al (5 signers) objecting to the lack of re- sponse and negatism from Cable TV in requesting service from Admiral Street, presented and read. Councilman Wertzberger moved that the petition be referred to the Cable TV Commission. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO, t2-77 WHEREAS, Alvin E. Lundh, City Councilman 01 the City of Dubuque, Iowa, has heretolore submlned his re- signation as such Councilman elfec- tiveDecember3t, 1976; and WHEREAS, the City Council of the City of Dubuque, Iowa at its meeting held on January 3, t977 was presented with a petition requesting a special election to fill the onice of City Coun- cilman lor the remaining balance of the unexpired term signed by eligible 15 16 Special Session, January 17, 1977 electors entItled to vote to 1111 the ollice in question, and which petition bore the signatures equal in number to two per- cent 01 those who voted lor candidates lor the ollice at the last preceding election; and WHEREAS, the County Auditor, as Commissioner 01 Elections, should be directed to calla special election to 1111 the onice 01 City Councilman at the earliest practicable time. NOW THEREFORE BE IT RESOLVED by the City Council 01 the Clly 01 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. EmilStackis 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. Carried 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. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, RESOLUTION NO, 13-77 Approving the Neighborhood Im- provement Plan lor Ibe Hill Neigh- borhood Community Development Prolect 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 Section 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. Section 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, Section 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 ThomasA. 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. 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- 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 ofDubuque, State oflowa; 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 I has determined that the area is blighted and deteriorating area and that it is detrimental to the inhabitants thereof I. 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 11% 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- provementPlan conforms to the general plan for the development oftheCity 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: 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 5, 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 ThomasA. 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 Avenue, 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 ofDubuque 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 certificaticn is that upon its approval, the City of Dubuque may use the block grant funds and HUD will have satisfied its respon- sibilities under the National Environ- mental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certifica- tion was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD; or (b) That applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process, Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and may be addressed to HUD at 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 considered by HUD. No objection received after the 8th day of February, 1977 will be considered by HUD. Leo F. Frommelt City Clerk Councilman Tully moved adoption of Ihe resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Werlzberger. Nays - None, RESOLUTION NO. 15-77 Resolullon ordering the Dlssolullon 01 the County-City 01 Dubuque Authority WHEREAS, the County-City of Dubuque Authority was created in April, 1964, pursuant to Chapter 239 of the 60th General Assembly, now referred to and known as Section 346.26 et seq" of the 1975 Code ofJowa; and WHEREAS, said Authority has lain unproductive for a number of years past now, and it is indicated that said Auth- ority should be dissolved as it would serve the best public interest; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque,lowa: Section 1. That the County-City of Dubuque Authority be and the same is hereby ordered dissolved, Section 2. That the City Attorney be and he is hereby ordered to do any and all things necessary and incidental to securing the dissolution of said Auth- ority and to report back to this Council when such has been comsummated, Passed, approved and adopted this 17th day of January, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James R 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, January 13, 1977 Honorable Mayor and Members of City Council The enclosed resolutions pertain to the purchase of the necessary land in the urban renewal project area by the City for the site of the Five Flags Civic Center. In September of 1975 the Five Flags Center Fund purchased the east half of the block fronting on Main Street between Fourth and Fifth Streets. This half block included the Orpheum Theater. At the same time the Five Flags Center Fund agreed to purchase In Fe- bruary of 1977 the west half of the same block, All of this block except the land upon which the theater is situated will be used for the new Civic Center. Resolution No.1 authorizes the City to repurchase for $80,257.60 the east half of the block except that part upon which the theater is located. This is the identical price Five Flags paid for the same land in 1975, The Five Flags Center Fund will deed without charge the theater and theater site to the City at a 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 the City to refund a $9,208.56 good faith deposit wbich the Five Flags Center Fund paid in 1975 to secure the sale, Resolullon No.3 authorizes the City. to purchase for $92,085.62 the west haif 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 Total 92,085.62 $172,343.22 GentM. 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 01 certain land In the Down-Town Urban Renewal Project, Iowa R-15, trom the Dubuque Five Flags Center Fund. WHEREAS, under date of September 17, t975, 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 terros 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- struct 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 voiuntary resale of the balance of said Lot I 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 I 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 deterroined necessary for the purpose of providing a site for the construction and equipping of a Civic Center thereon to reacquire Lot I of Block 15 in Dubu<iue 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 conforro 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 5. That the terros, provisions, covenants, conditions and restrictions contained in a certain Agreement enti- tled "Contract for the Sale of Land for Private Redevelopment" executed on 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,lowa, 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 114feetin the City ofDubuque, 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 01 Dubuque Five Flags Center Fund Irom the purchase 01 certain land In the Downtown Urban Renewal Prolect, Iowa R-15. 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 terros 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 deterroined 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. Section 2. That the terros, 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 ofDubuque County, Iowa, as Instrument No. 6991-75, are hereby declared null and void and of no effect as tbey pertain to Lot 2 of Block 15 in Dubuque Downtown Plaza in the City of Dubuque,lowa. 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 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 bas 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 fqr c¡l¡¡c Center; and WHEREAS, the site for the eonstruc- tion of the said Civic Center is siiuated in the Project Area and is legally de- scribed as Lot I 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 çenter Fund land in the Project Area legally de- scribed as Lot I 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 ATTEST: LeoF.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 01 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 Special Session, January 17, 1977 23 Dubuque County,lowa, 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,lowa: Section 1. That subject to all the terms, covenants, and conditions of this Resolution and the said Loan and Grant çontract, 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 $92,085,62 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, towa 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 I 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 wiil 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 iocallaws. Section 5. 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 or to be erected thereon, or any part thereof, Section 8. 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 provided in this Resolution, be to the fuilest 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 convenant 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 part thereof, It is further intended and agreed that the condition and covenOnt provided (a) in subsection (a) of Section 7 shail remain in effect for twenty (20) years (at which time such condition and covenant shail terminate), and (b) in subsection (b) of Section 7 shail 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 shail 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 iaw 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. Section 10. That no member, official or employee of the Agency shall have any personal interest, direct or indirect, in any construction contract awarded pursuanttothis Resolution,norshail 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. Section 11. That the Agency, for it- self, and its successors and assigns, agrees that it will include the following provisions of this Section II 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. EQUAL 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: layoff or termination; rates of payor 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 EMPLOYMENT Special Session, January 17,1977 25 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 8, and in order to accomplish the'same, the City Clerk of the Agency be and I)e 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,lowa. Passed, approved and adopted this 17th day of January, 1977. Emil Stackis Mayor Thomas A. Tuily 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, January 13, 1977 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 right-of-way pur- poses in urban renewal projects is han- dled in one of two ways, I. Interior streets - dedicated without 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 ail 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 ofHousing 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 ruies, 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 federaily 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 26 Special Session, January 17, 1977 charge. The widening of Fifth and towa 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, Tully, Wertzberger. Nays-None, RESOLUTION NO. 19-77 Authorizing the City ot Dubuque to retain and redevelop certain land. Within the Downtown Urban Renewal Project, Project No. Iowa R-15 For Right 01 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 Pian (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 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 Resolution No. 261-73 adopted July 30, t973, 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 East 88 feet of Subdivision of North 34 feet of City Lot 32 in the City of Dubuque (Parcel 7-9) 1.408.00 square feet at $4.43 Lot 2 of Subdivision of City Lot 188 in the City of Dùbuque (Parcel 4-1) 1,860.46 square feet at $2.50 Lot 2 of Subdivision of City Lot 13 in the City of Dubuque (Parcel 4-3) 1,892.24 square feet at $2.50 $5,556.84 $2,778.42 $6,237.44 $3,118.72 $4,651.15 $2,325.58 $4,730.60 $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 7. 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 enlorce the cur- ing of such breach of condition or covenant, to which it or any other ben- eficiaries of such condition or covenant may be entitled. Section 9. That no member, official or employee of the Agency shall have any ~""~""*"~'"'=-,,=~. ~ -,,~- ~~~~ - 28 Special Session, January 17, 1977 personal interest, direct or indirect, in any construction contract awarded pursuant 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. Section 9. That the Agency, for itself, and its successors and assigns, agrees that it will inciude 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 race, 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 advertis- 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 origin, 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 purposes 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 may be 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 Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated October 13, 1967 or by rule, regulation, or Special Session, January 17, 1977 29 January II, 1977 Honorable Mayor and Members of the City Council Sealed proposals were solicited .from six local public accountants to provide auditing services covering the Down- town Urban Renewal Project through the period ending December 31, 1976. Two Proposals were received in re- sponse to this solicitation: O'Connor, Brooks and Company $4,400 Dee, Gosling and Company $4,864 The attached resolution will author- ize the execution of a contract for such services with the lowest bidder. 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, Tully, Wertzberger. Nays - None. RESOLUTION NO. 20-77 Authorizing the execution 01 a con- tract lor Audit Services lor the Downtown Urban Renewal Prolect, Prolect No. Iowa R-t5. WHEREAS, the Department of Housing and Urban Development has authorized the City of Dubuque to procure an audit by an Independent Public Accountant of the accounts and records pertaining to the Downtown Urban Renewal Project, Project No, Iowa R-15; and WHEREAS, proposals were solicited to provide such services in accordance with generally accepted auditing stan- dardsand 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,lowa: 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 Downtown Urban Renewal Project, Project No, Iowa R-15, with O'Conner, Brooks & Com- pany at a cost not to exceed $4,400.00. Passed, approved and adopted this 17th day of January, 1977. Emil Stackis Mayor Thomas A. Tully Jr. RichardWertzberger James E. Brady Walter A. Pregler Councilmen order of the Secretary of Labor, or as otherwise provided by law, (g) The contract will include the provisions of paragraphs (a) throug(g) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor is- sued pursuant to Section 204 of Ex- ecutive Order 11246 of September 24, 1965, as amended by Executive 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 Hous- ing and Urban Development maý dir- ect as a means of enforcing such provisions, including sanctions for noncompliance: Provided however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States Section 10. This Resolution is adopt- ed for the purpose of inducing the Secretary of Housing and Urban Development to issue his approval of the retention of the said Property for the intended purpose upon payment of the Retention Price, and for the purpose of creating the covenants running with the land as set forth in Section 6, and the Clerk of tho Agency 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 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 Wertzberger, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays- None, $4,400 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, 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)-SI-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 ofthe 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 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. 2t-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. EmilStackis 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. ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully, Carried by the following vote: 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 Street to 22nd Street, FAUS Project M-3151(604)-81-3I, 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)-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 $93,517.99. That $12,557.00 of the cost thereof shall assessable upon private property and $80,960.99 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 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 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 Reaolutlon Accepting Improvement and Directing the Clerk to PublishNotlce.) RESOLUTION NO. 24-77 WHEREAS, the contract for the reconstruction of Jackson Street from 12th to 22nd Street, Project M-3151(604)-81-31 has been compieted 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, 31 32 Special Ses,sion, 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 arady, Pregler, Tully, 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, Brady Walter A. Pregler Councilmen ATTEST: LeoF.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, 1278 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, RichardWertzberger 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 b~en examined; ¡.lOW THEREFORE BE tT 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 Assembly. 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. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resoiution, 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 tbis Council; and WHEREAS, the premises to be oc- Special Session, January 17, 1977 33 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 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 ThomasA. 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. 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 Adopted 1977 1977 ............. """""""""'" .""......"........ ...................., Councilmen ATTEST: ...... City Clerk 34 Special Session, January 26, 1977 CITY COUNCIL ings and àdjacent 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 erady, 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 .",.............", 1977 Special Session, Januaoy 26, 1977. Council met at 7:00 P.M. (C.S.T.) Present - Mayor SlacklS, Council- men Brady, Pregler, Tully, Wertz- berger. Clly 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 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 (I) Separate freight house from Dove Har- bor and (2) that the Council is not in- terested at this time in any terros which would restrict covenants on any build- Adopted ......""..",....... 1977 ,..."".""",..,., .....,.....",....", ",........,...",... ".............""" "....,.......,.."" Councilmen ATTEST: ......................... City Clerk Special Session, January 31,1977 35 CITY COUNCIL OFFICIAL Special Session, Januaoy 31, 1977. Council metal4:15 P.M. (C.S.T.) Present - Mayor Slackls, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavel1elle. Mayor 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: I sought the Solicitor's opinion when it first became apparent that there was the potenllal of a conflict of interest. I have made eveoy effort in the past three years, as a member of the Council, to remain totally honest and above re- proach as regards conflicts of interest. Tbis 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 I have abstained from discussions and voting. During one such instance I 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 tlrst 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 subsequèhtly 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. I would rather be able to say that 1 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 carry out the obligation I had accepted in the public trust as a public servant, It is absolutely true that 1 resigned only because 1 was econ- omically dropped to my very knees, There were financial obligations due to operating losses which were to be called on December 8, 1976 and that day was the precipitator, I 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. I 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 aiready released orally to Mr, Bulkley the essential contents of the opinion without your approval. Since I have released the data orally, it makes little sense as far as 1 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 ofwhat is positive suddenly condemns me to wrath. I am bothered about the impact that this inquisition will have on other po- tential council candidates who have similar professional impediments; that I believe is the real loss yet to be suffered, Al Lundh Councilman Brady moved that the 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. 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. Mr, Al Lundh requested perroission 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 I, 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,lowa being aold 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- signofa building proposed to be erected on the site acquired, It is my understanding that the Mayor has alre~dy received part-payment on the perforroance of his work. Section 704(B) of the Department of Housing and Urban Development, Loan and Capital Grant Contract, Terros and Conditions in Part II thereof, provides I as follows: (b) Other Local Public Onlclals. 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 otber 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. Personallnlerest 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- sen\ly 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 ofthè 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: I. "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 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 stention 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 perroit action by a pub- lic official, commissioner, or employee where any benefits of such action ac- crue tó the public generally, such ac- tions affect 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 , employerofsuchofficial,commissioner, or employee has an interest. Any dis- closure required to be 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 I 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 Personallnlerest prohibit- ed. 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 has 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 inciuded in any municipal housing project of such municipality, or in any 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 terros of such proscription are hereinafter defined. For the purposes of this section the following definitions and standards of construction shall apply: I. "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 empioyee 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 37 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 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 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 tbe 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 towa provides as follows: "553.23 Provision part ot eveoy con- tract. lorlelt. 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, city 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 otber 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 oflowa provides as follows: "362.6 ConflIct 01 Interest. 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 oflowa provides as follows: "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 f~rnished or performed for his city, A Special Session, January 31, 1977 39 contract entered into in violation of this section is void. The Provisions of this section do not apply to: I. The payment of lawful compensa- tion of a city officer or employee holding more than one city office of position, the holding of which is not incompatible with another public office or is not prohibited by law, 2. The designation of a bank or trust company as a depository, paying agent, or for investment of funds, 3. An employee of a bank or trust company, who serves as treasurer of a city. 4. Contracts made by a city of less than three thousand population, upon competitive bid in writing, publicly in- vited and opened, 5, Contracts in which a city officer or employee has an interest solely by rea- son of employment, or a stock interest of the kind described in subsection 9, or both, if the contracts are made by com- petitive bid publicly invited and opened, and if the remuneration of employment wili not be directly affected as a resuit of the contract and the duties of em- ployment or preparation of any part of the contract. The competitive bid requIrement of this subsection shall not be required for any contract for profes- sional services not customarily awarded by competitive bid. 6. The designation of an official newspaper. 7. A contract in which a city officer or employee has an interest if the contract was made before the time he was elect- ed or appointed, but the contract may not be renewed. S, Contracts with volunteer firemen or civil defense volunteers, 9. A contract with a corporation in which a city officer or employee has an interest by reason of stockholdings when less than five percent of the out- standing stock of the corporation is owned or controlled directly or indir- ectly by the officer or employee or the spouse or immediate family of such officer or employee. 10. A contract made by competitive bid, publicly invited and opened, in which a member of a city board of trus- tees, commission, or administrative agency has an interest if he is not auth- orized by law to participate in the awarding of the contract, The competi- tive bid requirement of this subsection does not apply to any contract for professional services not customarily aWarded by competitive bid." The above cited sections are cited for the purpose of laying the broad back- ground of statutory law governing con- flict of interests. In this particular regard, it would appear that our specific attention is confined to Chapter 403 of the 1975 Code of Iowa, being the Urban Renewai Law and 403A of the 1975 Code of Iowa, being the Low-Rent Housing Law of Iowa, the latter particularly applying in reference to the representations made to this writer, that the proposai con- templates commercial use on the ground floors and housing for the el- derly in the upper floors. In evaluating the statutory prohibi- tions and restrictions, it is necessary that one must follow the rule of con- struction that where two statutes speak to a given subject, where one is general in nature and the other is specific in nature, that the provisions of the statute being specific in nature shall govern and control. In this particular instance, therefore, Chapter 403 and Chapter 403A are the specific statutes applying to the problem at hand. Your attention is directed to the case decided in 1969 by the Supreme Court of Iowa being Wilson vs Iowa City, 1969, 165 NW2d, B13, In that case, objection was made to various councilmen who participated in various resolutions per- taining to the development of Urban Renewal Plan and in which the various councilmen were challenged over that period of time as having a conflict in interest when they voted in favor of the Urban Renewal resolutions, when in fact, some of the councilmen voting thereon had actural property in the Urban Renewal area, others had an interest as an employee of a corpora- tion, and another one, who was an em- ployee of the University of Iowa which had property in the Urban Renewal Area and which councilman and em- ployee of the University of Iowa held the title of Community Relations Director, The challenges were interposed in the lower Court, affirmed, that the conflict of interests were such as to disqualify them, the respective councilmen, in voting on the respective propositions and resolutions, and therefore, the re- solutions adopted were void. Admitted- ly, Mr, Hickerson, who was the em- ployee of the University of Iowa's Com- munity Relations Director, had no fin- ancial interest in the corporation in the sense that he had no stock in the University of Iowa and was just an employee. However, the Supreme Court oflowa said that by virtue of the posi- tion that he occupied as Community 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 City, put him in a hopeless conflict and therefore those resolutions were void. The questions of whether or not a resolution adopted reiating 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 ofthe opinion is attached hereto in order tbat you may examine same at your leisure and understand its import to the fullest, Returning 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 hia 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 Mayor-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 wouid 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 if one Councilman seeks a legal opinion on various Council matters, copies could be placed on file in the City Cierk'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. LeoF.Frommelt City Clerk Approved """"......."", 1977 Adopted ..."""..,.......... 1977 .,.""""....,..." Action for declaratory judgment chailenging validity of proceedings under Urban Renewal Law John B. Wil- son et al. vs. Iowa City, Supreme Court oflowa March II, 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 ,..,........."".... ,...,..,.........".. ..................... ,."........."".... Councitmen ATTEST: ......................... Cierk