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1977 March Council Proceedings 116 Special Session, February 25,1977 Iowa provides that the City Council shall set a time and place for puhlic hearing on the hudget before the final certification date and shall publish no- tice before the hearing as provided in Section 362.3 of the Code of Jowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Council shall conduct a public hearing on the proposed 1977-78 budget at City Coun- cil Chambers, City Hall, 13th and Cen- tral, Dubuque, Iowa, on Thrusday, March 10, 1977, beginning at 7:30 P.M. Section 2. That the City Clerk be and he is hereby authorized and directed to publish according to law Notice of Public Hearing together with the required budget information documents. Passed, approved and adopted this 25th day of February, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Tully moved that the City Manager be directed to examine the Building Construction Codes with particular reference to water mains and laterals for the purpose of obtaining uniform standards. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Approved Adopted ATTEST: City Clerk Councilmen Brady, 1977 1977 Councilmen Regular Session, March 7, 1977 117 CITY COUNCIL OFFICIAL Regular Session, March 7, 1977. No members of the Council being present the Meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved Adopted Councilmen ATTEST: City Clerk CITY COUNCIL OFFICIAL Adjourned Regular Session, Msrch 10,1977. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Stsckls, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chsvenelle. MayOr Stackis read the call and stated this is AN ADJOURNED REGULAR SESSION OF THE MEETING OF MARCH 7, 1977, called for the purpose of acting upon such business as may properly come before the Meeting. Father Thomas Demetois Tsevas, Proto Presbyter, of St. Elias the Prophet Greek Orthodox Church read the Prayer preceeding the meeting. A Proclamation proclaiming the mounth of March as "Red Cross Month" was read and approved and signed by Mayor Stackis. Proofs of Publication, certified to by the Publisher, of various notices of Public Hearing on Revenue Sharing: also on Budget Estimate, presented and read. Councilman Tully moved that the proof of publication be received and filed, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved to su- 1977 spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. George Lipper, President of the Chamber of Commerce, submitted a communication from the Chamber of Commerce commenting on various portions of the proposed budget and spoke to the communication. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas~ Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays- None. Diane Gallagher of the League of Women Voters presented and read a communication from The League of Women Voters commenting on various portions of the proposed budget. Coun- cilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Richard Friedman commenting on the insurance program of the City, presented and read. Coun- cilman Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. A RESOLUTION adopting the An- nual Budget for the Fiscal Year ending June 30, 1978, presented and read. Councilman Wertzberger moved that the resolution be referred to the Council Meeting to be held on March 12, 1977, in the Council Chambers at City Hall. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Housing Commis- sion submitting minutes of their meet- ing of February IS, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Ma¡Íor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Planning & Zon- Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Tully moved that the new Code of Ordinances be sold without binders. Seconded hy Mayor Stack!s. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully. Nays Wertzberger. Councilman Brady moved that the City Clerk be directed to keep a limited number of binders on hand to be pur- chased at our cost. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. There heing no further business, Councilman Pregler moved to adjourn. Seconded by Mayor Stackis,. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk 1977 118 Regular Session, March 7,1977 ing Commission submittiog minutes of their meeting of February 16, 1977, pre- sented and read. Councilmao Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Airport Commis- sion submitting minutes of their meet- ing of February 10, 1977, presented and read. Councilman Tully moved that the minutes be received and filed- Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully,. Wertzberger. Nays-None. Communication of Five Flags Center Building Committee submitting min- utes of their meetings of February 17th & 24th, 1977, presented and read. Coun- cilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzherger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Community Development Commission submitting minutes of their meeting of February 15, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque Me- tropolitan Area Transportation Study (DMATS) submitting minutes of their meeting of January 27, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of February 22, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried hy the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of February 10, 1977, presented and read. Cou~cilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Playground & Recreation Commission submitting minutes of their meetings of February 16th & 28th, 1977, presented and read. Councilman Tully moved that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of February 22, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dock Commission submitting minutes of their meetings of February 2,16 & 18, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Jowa D.E.Q. sub- mitting water supply inspection report (Copy forwarded to Water Depart- ment), presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- iowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Iowa D.E.Q- sub- mitting water main Extension Permit and Sewer Extension Permit for Met- tel-Byrne Addition, Block 17, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Mrs. Willard Farr, in response to a newspaper article rela- tive to the reading of water meters and how it would affect the privacy of ten- ants on second and third floors of apartment buildings, presented and Regular Session, March 7, 1977 II9 read. Councilman Tully moved that the communication be referred to the Water Department for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays-None. Communications of Area VIII Agency on Aging, League of Women Voters, Muscular Dystrophy Ass'n., Tri-State Independent Blind Society Jnc., Nation- al Multiple Sclerosis Society, Eastern Iowa Epilepsy Ass'n., United Cerehal Palsy of Dubuque, The Dubuque Coun- ty Ass'n: for Mental Health, Project Access Dubuque, Dubuque County Ass'n. for Retarded Citizens, all heing in support of the proposed handicapped parking Ordinance, presented and read. Councilman Tully moved that the com- munications be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Louise H. Hal- liburton suggesting a corrected title of the proposed "Adult Entertainment Or- dinance", presented and read. Council- man Tully moved that the communica- tion be referred to the Planning & Zon- ing Commission. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of East Central In- tergovernmental Ass'n. advising of the City's per capita assessment to he con- sidered in this year's hudget, presented and read. Councilman Tully moved that the communication he referred for Bud- get Consideration. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. February 22, i977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Water Superintendent, Health Department, as well as a list of claims paid, for the month of January, 1977. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. c:arried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Proof of Publication, certified to by the Publisher, of Receipts and Expendi- tures, also list of claims for month of January, 1977, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. March 2, 1977 To the Honorable Mayor and Members of the City Council i have approved the following policy for filing and wish to have your ap- proval of same. General Liability Dubuque Stone Products Company, Bituminous Casulty Corp., Policy No. GA 806982, to January 3, 1978. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. February 24, 1977 Honorahle Mayor and Members of the City Council On July 19, 1976, the Civil Service Commission submitted a list of ten per- sons who successfully passed botb the written and physical tests required for placement on the Pollee Department. Said tests were given on May lith and June 15th respectively. At that time we advised your Honorable Body of a second list of ten persons that could be considered as candidates who success- fully passed the required tests at the same time. Evidently the first list bas now been exhausted as per instruction received from the Personnel Depart- ment. We hereby submit the second list of aspirants as follows: Hendricks, Terry P. Penhollow, David W. Trapp, Bruce A. Saunders, James A. Braband, Robert J. O'Connor, Patrick W. Streinz, Joel A. Ties, Charles W. Irons, Rick L. Kohlenberg, Wayne C. Carolyn Farrell B.V.M. Chairperson 120 Regular Session, March 7, 1977 Ray E. Harris John E. Hess Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Suhscribed and sworn to before me this3rddayofMarch,1977. Z.D. Hantelmann Notary Public Councilman Tully moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Printed Council Proceedings for the months of October and November, 1976, presented for Council Approval. Coun- cilman Tully moved that the Proceed- ings be approved as printed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzherger. Nays-None. February 17, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has received two (2) petitions for reclassification of property, as follows: 1. The Commission will hold a public hearing at their meeting of March 16, 1977, on the petition of Mr. Earl McClain to reclassify Lots 1, 11, 12 and 19 if McClain Suhdivision from R-I Residen- tial District to R-3 Residential District. The property is located on the south side of West Thirty-Second Street west of Carter Road and it is the intent of the petitioner to construct multiple-family units on the property if the zoning re- classification is granted. See map at- tached attachment No.1. 2. The Commission has received and reviewed the petition of the Powers Land Development Company request- ing various zoning changes on 5 parcels of property, as identified on the at- tached map. The Commission will sub- mit their recommendations to you on each of the 5 parcels in a separate com- munication. A map identifying each of the parcels will accompany the recommendation. The petitioners have met the applica- tion and zoning fee requirements of the City Zoning Ordinance No. 32-75. The Commission has also scheduled a public hearing on March 16, 1977, proposing to enact a new Section 1-103, Application of District Regulations, to Ordinance No. 32-75, and will report their recommendation to you following that meeting. Copies of the proposed amendment, marked Item No.2, are attached for your information. CJTY PLANNJNG AND ZONJNG COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Councilman Tully requesting that the Airport Commission and the City Solicitor investigate the "Fly for Hire" Practice at the Airport without proper Part 135 Agreements as to liability for damages on tbe part of the City, presented and read. Council- man Tully moved that the communica- tion be referred to the Airport Commis- sion for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication from City Govern- ment Reorganization Task Force, hav- ing not been able to complete their job as originally scheduled, are now projecting a completion date at the end of Mayor June 1st, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Donald E. Deich requesting Council consideration not to raise the Downtown Parking Fees and to utilize the weant lot between 5th & 6th and Jowa and Main Streets, pre- sented and read. Councilman Tully moved that the communication be referred to Council, City Manager and Traffic Department. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays-None. March 2,1977 Honorable Mayor and City Councilmen On April 2, 1973, Roy A. Kuch and Regular Session, March 7,1977 121 Marie L. Kuch commenced an action against the City of Dubuque, Iowa and Donald T. Sand and Malinda Sand claiming damages in the amount of $20,000.00 in Count J thereof and $2,500.00 in Count 11 thereof. The essence of plaintiffs' claim was that on December 30, 1972, Roy A. Kucb fell on an accumulation of ice and snow on the premises of 2364 Washington Street in the City of Dubuque, Iowa, and that the matter was then referred to the City Attorney's Office to interpose the appropriate defenses thereto. This matter was scheduled for dis- missal and a stipulation was entered into by the Assistant City Attorney and the plaintiffs' attorney that the matter be settled upon payment of the sum of $200.00 hy the City of Dubuque, Iowa. Thereafter the plaintiffs and plain- tiffs' attorney had some difficulty com- municating, and this matter was recently resolved and accordingly the offer to settle has still been maintained open, and it is the recommendation of the City Attorney's Office that said above entitled litigation he settled upon the payment of $200.00 by the City of Dubuque. Accordingly, it is the recom- mendation of the City Attorney that said offer be accepted and that the City Auditor be instructed to draw a warrant payable to Roy A. Kuch and Marie L. Kuch and Peter J. Klauer their attorney in the amount of $200.00 and to transmit the same upon delivery of the duly ex- ecuted releases and payment of the Court costs along with a dismissal with prejudice. A copy of the Original Notice with Petition attached is herewith returned. R.N. Russo City Attorney Councilman Wertzberger moved that the communication be received and filed and recommendation of settlement approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Hawkeye Security Jnsurance Co., in hehalf of their client Paul C. & Sheri O'Brien, who were in- volved in a car accident as the result of tampering of a street sign at the inter- section of 14th and Main Street on Oc- tober 17, 1976, presented and read- Councilman Wertzberger moved that the Notice of Claim be referred to tbe City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Notice of Claim of John Priest, in the amount of $200., for car damage in- curred as the result of driving into a hole in the street at 271 Dorgan Place on February 11, 1977, presented and read. Councilman Wertzberger moved that tbe Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Dallas Lange, in the amount of $989.92, for plumbing expense incurred due to broken water line in the street at 2156 North Main Street on December 26, 1976, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Charles Richard- son, in the amount of $10,000., for per- sonal injuries received in a fall on an icy sidewalk at 2301 Windsor Ave. on Fe- bruary 7, 1977, presented and read. Councilman Wertzberger moved that tbe Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim ofRonaldManders,in the amount of $10,000., for personal injuries received in a fall on an icy sidewalk at the corner of 24th and Windsor on December 28, 1976, pre- sented and read. Councilman Wertz- berger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by tbe fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None- Original Notice from District Court advising of a petition on file by Thorp Finance Corporation vs. Merl F. Goerdt et ux, Mid States Construction, U.S- Fidelity and Guaranty Co., State of Jowa, Dubuque County and City of Dubuque relative to a loan prior to July 3,1974, presented and read. Councilman Wertzberger moved that the Original .~-- 122 Regular Session, March 7,1977 Regular Session, March 7, 1977 123 BY THE City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 33-49 known as the "Traffic Co<le of Dubuque, Iowa" as amende<l be an<l the same is hereby amended by enacting a new Subsection 32 to Section A of Schedule III thereof os follows: Schedule III Section A- Eastboun<l and West- boun<l vehicles must stop before enter- ing the intersection of: 32. Walnut Street an<l West Eleventh Street." Passe<l, approved an<l adopted this 10th <lay of March, 1977 EmiiStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Wolter A. Pregler Councilmen Notice be referred to the City Solicitor for investigaition and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Denis J. Roling, in the amount of $145.00, for car damage incurred as the result of striking a piece of curb lying in the street on Monroe Street on February 21, 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman TUlly. Carried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 11-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 32 TO SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WÈSTBOUND VEHICLES ON WEST ELEVENTH STREET MUST STOP BEFORE ENTERING THE INTERSEC- TION OF WALNUT STREET, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas - Mayor Stackis,Councilmen Brady, Pregler, Tully; Wertzberger. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 11-77 AN ORDINANCE AMENDING ORDIN. ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 32 TO SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON WEST ELEVENTH STREET MUST STOP BEFORE ENTERING THE INTERSEC- TION OF WALNUT STREET. NOW THEREFORE BE IT ORDAINED plementation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Women's Recreation Ass'n. requesting placement on the agenda to submit a layout as to situa- tion as it presently exists hetween them and the Men's Recreation Ass'n" pre- sented and read. Councilman Wertz- berger moved that the petition be referred to the Council Meeting of March 21st, 1977. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Alpha Phi Omega (Loras College) requesting permission to dis- tribute tags and accept contributions on March 19, 1977, and to conduct "Sham- rocks for Dystrophy Drive", presented and read. Councilman Wertzherger moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Joseph L. Schadies requesting a refund of $25., on unex- pired portion of Cigarette License No. 1055, discontinued business on Fe- bruary I, 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzherger. Nays-None. Petition of Albert J. Schulte request- ing a refund of $25.00 on the unexpired portion of Cigarette License No. 969, , discontinued business on February 26, ' 1977, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Dubuque, Iowa. The subject property has frontage on the west side of Wind- sor Ave" north of Xavier Hospital as shown on the attached map. The Commission has determined that the final plat is in conformance with the Subdivision Regulations and Zoning Ordinance of thè City of Dubuque. It is the recommendation of the Planning and Zoning Commission that the plat be approved. CITY PLANNING AND ZONING COMMJSSION Daniel Dittemore Director of Community Development Councilman Prelger moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-None. RESOLUTION NO. 68-77 RESOLUTiON Approving Plat of the Subdivision of Lot 3 of "Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 3 of "Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, and is platted as: Lot 1 ofLot3, and Lot2 of Lot 3, each of "Stone Hill Community Sub- division No.1" in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon: and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 10th day of Marcb, AD., 1977. Emil Stackis Mayor Thnmas A Tully Jr. Richard Wertzherger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegroph Herol<l Newspoper this 14th <lay of March, 1977. Leo F. Frommelt City Clerk lt3:I4 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Delos A. Dorweiler ob- jecting to rezoning of Block 21A in Key Knolls Sub. from C-3 to C-1 and OR-1"a" and requesting that Staff be ordered to buy any part of his property for street improvements and relocate him back on 10 a corner lot abutting J. F. K. Road or provide right of way along east side of J. F. K. Road from vacant farm land or make another study to provide parallel streets at one quar- ter mile intervals, presented and read. Councilman Wertzberger moved that the petition be referred to the Planning and Zoning Commission and Engineering Department. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of National Foundation March of Dimes requesting permission to conduct a Walk.A-Thon on April 17, 1977, presented and read. Councilman Wertzberger moved that the request be approved subject to Manager's im- February 21,1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot 1 and Lot 2 of the subdivision of Lot 3 of "Stonehill Com- munity Subdivision No. I" in the City of ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption 124 Regular Session, March 7, 1977 of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Proof of Puhlication, certified to by the Puhlisher, of Notice of Hearing to consider a lease agreement between the Dock Board and Dubuque Sand and Gravel Company, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the '1 hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 69-77 WHEREAS, the Board of Dock Com- missioners of the City of Dubuque, Iowa have been negotiating with Dubuque Sand and Gravel Company for the negotiation of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease: and WHEREAS, a true copy of said writ- ten lease, marked "Exhibit A", is hereto attached and by reference made a part hereof: and WHEREAS, the terms and conditions of said proposed lease should be ap- proved by the City Council of the City of Dubuque, Iowa: and WHEREAS, notice of intent to enter into said lease for a period in excess of three years has heen pubtished in the Telegraph Herald, a newspaper of gen- eral circulation published in the qity of Dubuque, Iowa fixing the 10th ðay of March, 1977 at 7:30 P.M. in the City Council Chambers in the City Hall, Dubuque, Jowa as the time and place of hearing on said publisbed notice of in- tent to enter into lease: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCJL OF THE CJTY OF DUBUQUE, JOW A: Section 1. Tbat the proposed written lease agreement by and between the Board of Dock Commissioners of the City of Dubuque, Iowa and Dubuque Sand and Gravel Company, a copy of which is marked "Exhibit A" hereto attached and hy reference made a part hereof,be and the same is hereby ap- proved; and that there have been no oral or written objections to the entering into said lease by tbe Board of Dock Commissioners. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolu- tion to the Board of Dock Commis- sioners of the City of Dubuque. Iowa. Passed, approved and adopted this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded hy Coun- cilman Wertzherger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider lease between the Dock Board and Robert's River Rides, presented and read. Eugene Heinemann, Agent for Burlington Northern Railroad, ad- dressed the Council stating the Railroad has been in business over 70 years; Requesting Bell Street crossing be left dosed and other provisions be made for exit for proposed tenant: As a Safety Factor, Fence should be put up. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Dock Board Resolution approving lease between the Dock Commission and Robert Kehl, presented and read. Councilman Wertzberger moved that the Dock Board Resoiution be received and filed and lease be approved subject to a public hearing to be held on March 21, 1977 at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 70-77 Authorizing submission of a Request for Release of Funds for certain Community Development Block Grant ProJects WHEREAS, the City of Dubuque in conformance with the environmental Review Procedures for the .Community Development Block Grant Program Regular Session, March 7, 1977 125 convened an ad hoc committee on June 23, 1976, and completed an Environ- mental Assessment of the following identified proposals (projects) with Community Development Block Grant funds; and Emergency Home Repair .Project Washington Tool Library WHEREAS, pursuant to Resolution No. 246-76 adopted July 6, 1976, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was published July 7, 1976, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976; and WBEREAS, Public Notice of a "Find- ing of No Significant Effect on the En- vironment" for the proposais (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 ~~~~i~~r~~~~~~oposals have been duly I WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified projects; now therefore BB IT RESOLVED BY THE CITY COUNCiL OF THE City of Dubuque, Jowa: 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 in terested party. I Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, a request for release of funds to undertake the said Projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sihilities for review, decisiop-making, and action assumed and carried out hy the City of Dubuque as to environmen- tal issues. Section 4. That the Mayor of the City of. Dubuque is herehy authorized to consent personally, in his official capacity and on behalf of tl)e City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Certifica- tion pertaining to the environmental review procedures. Section 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice.for a Request for Release of Funds and. Certification in the foom of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 10th day of March, 1977. Emil Stackis Mayor Tl)omas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregier Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 71-77 Authorizing submission of s request for Release of Funds for certain Community Development Block Grant Projects. WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on March 4, 1976, and completed an En- vironmental Assessment of the follow- ing identified proposals (projects) with Community Deveiopment Block Grant funds; and Urban Renewal Project, Jowa R-15 Land Purchase WHEREAS, pursuant to Resolution No. 246-76 adopted March 8, 1976, Pub- lic Notice of a "Finding of No Sig- nificant Effect on the Environment" for the proposal (project) was published March 9, 1976, in the Dubuque Tele- graph Herald, a newspaper of general 126 Regular Session, March 7. 1977 circulation, and provided for a public comment period until 12:00 Noon, Wednesday, March 31, 1976; 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 funds under the said Act to carry out the above identified projects; now therefore BE IT RESOLVED BY THE CJTY COUNCIL of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the propo- sals (projects) shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Duhuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, a request for release of funds to undertake the said Projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities fór 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 Duhuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5- That the Mayor of the City of Dubuque be and he is hereby auth' , orized and directed to execute a Cer- I 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 aRequest for Release of Funds and Certification in the form of Exhibit "An attached hereto and made a part hereof. Passed, approved and adopted this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 72-77 Authorizing submission of a request for release 01 funds lor certain community Development Block Grant Projects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program covened an ad hoc committee on July 14, 1976, and completed an Environ- mental Assessment of the following identified proposals (projects) with Community Development Block Grant funds; and Street Tree Planting Miscellaneous Public Improvments, Jncluding Street, Alley, Curb Repair and Replacement WHEREAS, pursuant to Resolution No. 246-76 adopted July 19, 1976, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was published July 20, 1976, in the Dubuque Telegraph He- rald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Monday, August 16, 1976; and WMEREAS, Public Notice of a "Finding of No Significant Effect onthe Environment" for the proposals (projects) was sent by regular mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and helieved to be appro- priate to receive such a Public Notice; and Regular Session, March 7, 1977 127 WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS. it is the intent of the City Council to authorize the submission of a request to the U.S- Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified projects; now therefore BE IT RESOLVED BY THE CJTY COUNCJL of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the propo- sals (projects) shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, a request for release of funds to undertake the said Projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carried out by the City of Duhuque as to environmen- tal issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer- tification pertaining to the environ- mental review procedures. Section 6. That tbe City Clerk be and he is hereby authorized and directed to puhlish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopt"d tbis 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "An PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City of Dubuque intends to file a request five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds. Urban Renewal Project, Iowa R-15 Land Purchase Street Tree Planting Miscellaneous Public Improvements Jncluding Street, Alley, Curb Repair and Replacement Emergency Home Repair Project Washington Tool Library The City of Dubuque has made an Environmental Review Record for the projects, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Jowa, where said records may be examined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 30th day of June, 1977- The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Emil Stackis- The mailing ad- dress for both the applicant and the Chief Executive Officer is City Hall, i3th and Iowa Streets, Dubuque, Iowa. The City of Dubuque will undertake the projects described above with block grant funds from the U.S. Department of Housing and Urban Development (HUD), under Title J of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Emil Stack is, in his official capacity as Mayor, consent to accept the jurisdic- tion of the Federal courts if an action is hrought to enforce responsibilities in relation to envirOnmental reviews, decision-making, and action: and that these responsibilities have been satis- fied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the block grant funds and HUD will have satisfied its respon- sibilities under the National Environ- mental Policy Act of 1969, HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases; (a) That tbe cer- 128 Regular Session, March 7, 1977 tification was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD; or (b) That applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environmental review process. Objec- tions must be prepared and submitted in accordance witb the required procedure (24 CFR Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nehraska 68106. Objections to the release of funds on bases other than those stated above will not be con- sidered by HUD. No objection received after the 30th day of June, 1977, will be considered by HUD. Leo F- Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 73-77 Authorizing Publication of notice of availability for Public Inspection certain Community Development Block Grant Documents WHBREAS, under the date of Fe- bruary 22, 1977, the Annual Perfor- mance Report was accepted by the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (b) of the Community Development Block Gran! Program requires that reasonable effort shall be made to inform citizens in- volved in or affected by the local Com- munity Development Program that the Annual Performance Report has beèn submitted and is available to interested parties upon request; and WHEREAS, Section 570.906 (c) requires that there be public notice of the availability of the Annual Perfor- mance Report for inspection by the public; now therefore: BE IT RESOLVED BY THE CiTY COUNCIL of the City of Dubuque, Jowa: Section 1. Be it resolved that the City Clerk be and he is hereby authorized and directed to puhlish in the Dubuque Teiegraph Herald, a newspaper of gen- eral circulation within the City, public notice in the form of Exhibit A attached hereto and made a part hereof. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City of Dubuque submitted an.An- nual Performance Report to the U.S. Department of Housing and Urban Development for the Second Year Pro- gram. The report was accepted for processing by the Federal government on February 22, 1977. A copy of the Annual Performance Report is on file in the office of the City Clerk, City Hall, Dubuque, Iowa and in the office of the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa. The report is available for inspec- tion by all interested parties, Monday through Friday between the hours of 8:00 AM to 5:00 PM, Saturdays, Sundays and holidays excluded. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque Housing Rehabilitation Commission submitting proposed guidelines for concentrated Rehabilitation Loan and Grant Program and A RESOLUTION approving guidelines for the concentrated Rehabilitation Loan and Grant Program and providing rules for administration of said program, presented and read. Councilman Brady moved that the communication and resolution he ta- bled to the Council Meeting of March 21, 1977. Seconded hy Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 74-77 Resolution authorizing the Mayor to sign a contract for the Adminis- tration and Operation of a Public Service Employment Program under Title VI of PL 93-203 Regular Session, March 7, 1977 129 WHEREAS, the Federai Government has enacted the Comprehensive Em- ployment and Training Act Title VI and has made funds available to hire unem- ployed people; and WHEREAS, the Governor of the State of Jowa, through the Office for Planning and Programming, has desig- nated the City of Dubuque as a Pro- gram Agent; and WHEREAS, funds in the amount of $327,250.00 have allocated to the City of Dubuque for the purpose of extending the Public Service Employment Pro- gram in the community; and WHEREAS, it is required of the City, as Program Agent, to submit an em- ployment plan and contract to the Iowa State Office for Planning and Programming: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Jowa that the Mayor is authorized to sign the Contract for Public Service Employment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays - Councilman Brady. Communication of Director of Com- munity Development submitting A RE- SOLUTION repealing Resolution No- 169-76, and instructing that plans for a North Fork Catfish Creek Watershed Project be abandoned, presented and read. Councilman Tully moved that the communication and resolution be ta- bled indefInitely. Seconded hy Coun- cilman Pregler. Carried by the following vote: YeaS - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Application of Manternach Develop- ment Company requesting voiuntary annexation of approx. 38.10 acres, pre- sented and read. Wayne Manternach addressed the Council stating subdivision is in plan- ning process only- Councilman Pregler moved that the annexation be ap- proved- Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION ANNEXING CERTAIN TERRITORY NO- 75-77 WHEREAS, the owners of an area approximately 38.1 acres in size im- mediately adjoining the city limits of the City of Dubuque, Jowa now voluntarily petition the City Council for annexation of their property to the City ofDubuque, Iowa WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if territory is incorporated within the city limits of the City of Duhuque, Jowa; and WHEREAS, Section 368.7 Code of Iowa, 1975, authorizes the extension of city limits in situations of this character by the adoption of a resolution ther- efore; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, BE IT RE- SOLVED BY THE CJTY COUNCIL of the City of Dubuque, Iowa, that the territorial limits of tbe City of Dubuque, Iowa be and they are hereby extended to include the area comprising the fol- lowing described real estate: Lot I of Lot I ofLot 1 of the Northwest Úne Quarter of the Southwest One Quarter, and Lot2 of Lot I ofLotJ ofLotJ of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 ofLot40fLot 1 of the subdivision of Lot 1 of Lot 1 of Lot 1 and öfLot2 of Lot I of Lot 1 of Mineral Lot 324, all in Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian in DUbuque County, Iowa, according to the recorded plat thereof. The property to be annexed is as shown on the plat marked Exhihit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Fourteenth Voting Precinct of the City of Dubuque, Jowa. Passed, adopted and approved this 130 Regular Session, March 7, 1977 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr- Richard Wertzberger James E- Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays-None. March 4, 1977 Honorable Mayor and City Council The City Council has inquired about the use of the services of Mr. Steven B. Rynecki in labor negótiations. Mr. Steven Rynecki was consulted by me in the period January 13, 1977 through Fehruary 8, 1977. It was in this period that we were conducting exten- sive labor negotiations and preparing for fact finding hearings and had the urgent need for the knowledge of a person experienced in labor negotiations. Mr. Rynecki was asked to review all union demands and to research those demands that appeared to be nonman- datory negotiable issues as defined by the Public Employment Relations Act. Mr. Rynecki did research declaratory rulings of the Public Employment Rela- tions Board and provided us cases that were pertinent to the issues involved. His opinion was also requested on the appropriate strategy to he used by the city in conducting negotiations with the various unions. His ideas were solicited In the preparation of briefs to be used in fact finding. Mr. Rynecki reviewed with us briefs prepared for the fact finding hearing on February 8,1977 and advised us on the methods to be used in the presentation of our position to the fact finder In this hearing. Mr. Rynecki did not participate in any negotiations with city unions. He did not prepare amy material used by the city in fact finding or did he assist in preparation of material for the hearing with the Public EmploymentRelations Board on March 1, 1977. Members of the personnel department and myself met with him on four separate occasions January 24, February 5, February 7 and Fehruary 8. Mr. Ryencki has not been consulted by anyone in the personnel department or myself since the fact finding hearing on February 8, 1977. Expenses for his services were about $2,000. This amount of money was bud- geted in the FY '77 budget for an- ticipated expenses incurred in labor negotiations. Francis A. Murray Public Works Director Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. At 8:52 P.M. Mayor Stackls moved to go into Executive Session to discuss labor Negotiations. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Council Reconvened in Regular Ses- sion at 9:45 P.M.; No comment from the chair. RESOLUTION NO. 76-77 Be it resolved by the City Council of the City of Dubuque, Jowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Jowa, he granted a permit to sell Cigar- ettes and Cigarette Papers witbin said City. Ted J. and Georgia A. Heinz, 1278 Cen- tralAve. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 77.77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE JT RE- SOLVED BY,THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits Regular Session, March 7, 1977 131 issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Dubuque Marina, Inc., (Also Sunday Sales), Eagle Point Harhor CLASS "C" BEER PERMIT Will-Co Inc., 805 West 5th St. Ted J. and Georgia A. Heinz, 1278 Cen- tralAve. Thomas E. Kessler, 1993 Asbury St. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 78-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE iT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Marina, Jnc_, (Also Sunday Sales), Eagle Point Harbor CLASS "C" BEER PERMIT Will-Co. Inc., 805 West 5th St. Ted J. and Georgia A. Heinz, 1278~Cen- tralAve, Thomas E. Kessler, 1993 Asbury St. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F.Frommeit City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 79-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Alice H- Erschen (Also Sunday Sales), 2617 University Ave. Carl N. Brant, 2600 Central Ave. Fraternal Order of Eagles, (Also Sun- day Sales), 1175 Century Drive Thomas Andresen, (Also Sunday Sales), 1080 University Ave. Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 80-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply witb the State Law and all City Ordinances relevant thereto and they have filed proper honds: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Jowa, that the manager be authorized to cause to he issued to the 132 Regular Session, March 7, 1977 following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Alice H. Erschen, (Also Sunday Sales), 2617 University Ave. Carol N. Brant, 2600 Central Ave. Fraternal Order of Eagles 568, (Also Sunday Sales), 1175 Century Drive Thomas Andresen, Sunday Sales, 1080 University Ave. journ this meeting to March 12, 1977 at 8:30 AM. in the Council Chambers at City Hall to continue hearing on the current budget. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays ~ Councilman Tully. Leo F. Frommelt City Clerk Approved Passed, adopted and approved this 10th day of March, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen Adopted 1977 1977 .............."... ATTEST: Leo F. Frommelt City Clerk Mayor Stackls moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. There being no further business, Councilman Wertzberger moved to ad- ...."....... Councilmen ATTEST: ............."... City Clerk Adjourned Session, March 12, 1977 133 CITY COUNCIL OFFICIAL Adjourned Session, March 12, 1977. Council met at 8:30 A.M. (C.S.T.) Present - Mayor Stackls, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that this meeting is an adjourned ses- sion of the adjourned regular session of March 10, 1977, called for the purpose of continuing the public hearing on tbe fiscal 1977-78 budget and acting upon such other business as may properly come before a regular meeting of the Council. The tax askings were reduced as follows: STATE FUND STRUCTURE Fund From To Minus General $4,242,129 $4,079,661 162,468 Debt Service 946,319 946,319 0 Trust & Agency 1,476,862 1,470,429 6,433 Total $168,901 946,319 946,319 OR LOCAL ACCOUNTING FUNDS General Fund Minus $48,658. Public Safety Fund 12,751 Sanitation Fund 9,950 Municipal Enterprise Fund 10,00.0 Recreation Fund 45,600 Sub-Total Functional funds $126,959 Transit Fund 25,400 Tort Liability Fund 2,000 Trust & Agency Fund 14,542 Total $168,901 Councilman Pregler moved approval of the reduction of tax askings in the amount of $168.901 and furtber moved to make same a matter of record. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor 9cackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 81-77 A ResolutIon Adopting the Annual Budget for the Fiscal Year ending June 30, 1978. BE IT RESOLVED BY THE COUN- CIL OF THE City of Dubuque, Jowa: The annualþudget for the fiscal year ending June 30, 1978 as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and ap- propriation expenditures and alloca- tions to programs and activities for said fiscal year is adopted, and the Clerk is directed to make the filings required by law and to set up his books in accor- dance with the summary and details as adopted. Passed and approved on March 12, 1977, by the following vote: Yeas - Mayor Emil Stackis, Coun- cilmen Brady, Tully, Brady, Pregler. Nays-None. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Motion carried as noted above. Councilman Pregler moved that thanks be extended to the staff for the Herculean Task accomplished in fin- alizing the budget. Seconded hy Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Mayor Stackis moved and proclaimed March 21,1977 as "IOWA AGRJCUL- TURAL DAY". Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. There being no further business Councilman Tully moved to. adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved. ..... 1977 Adopted ..... 1977 Councilmen Attest: City Clerk 134 Special Session, March 21,1977 CITY COUNCIL OFFICIAL Special Session, March 21, 1977. Council met at 7:30 P.M. (C.S.T.) Present - Msyor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the PUR- POSE OF CONSIDERING A DOCK BOARD LEASE WITH ROBERT KEHL and acting upon such other business as may properly come before a Regular Meeting of the Council. The invocation was given by Captain Barbara Pennel, Commanding Officer of Salvation Army. Proclamations proclaiming the morith of Mayas "Senior Citizens's Recognition Month" and Week of March 21, 1977 as "Basketball Recogni- tion Week", honoring Wahlert and Senior High Schools were read and ap- proved and signed by Mayor Stackis. Communication of Planning and Zoning Commission submitting min- utes of their meeting of March 1, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of February 15, 1977, pre- sented and read. CoùnclÌman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays-None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of January 13, 1977, presented and read. Councilman Tully moved that tbe minutes be received and filed. Seocnded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Community Development Commission submitting minutes of their meeting of March 8, 1977; also various minutes of meetings of Committees within the Commission; and copy of by-laws and rules, present- ed and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of March 10, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded hy Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays-None. Communication of Airport Commis- sion submitting minutes of their meet- ings of March 10 and 12, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Playground and Recreation Commission submitting minutes of their meeting of Marcb 14, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Women's Recrea- tion Assn. submitting a resume of what has transpired in the past few months as to the joining of their Ass'n. with the Men's Association (forwarded from last meeting), presented and read. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council of they so desire. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Sue Bastian, president of W.R.A., spoke to Council relative to commun- ication. Submitted a map showing 1,2 and 3 ball diamonds; Requesting to rearrange parking; Propose one softball complex complete with fence, conces- sions, rest rooms and ground mainten- ance. Have made an offer to Men's Recreation Association of 60% - 40% of Gate Receipts and 70%-30% of Conces- sion Receipts. Stated softball diamonds are needed 3 nights a week; Willing to accept what Council has to offer; Have made inquiries to the Bureau ofOutdoor Recreation. Special Session, March 21,1977 Councilman Pregler moved that Men's Recreation Ass'n- to give serious consideration to go along with W.R.A. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Wertzberger moved that the communication of Women's Recreation Ass'n. be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Ass't. City Man- ager submitting a request from Robert Hampton to speak to the Council rela- tive to a proposal to dispose of his in- terest in certain Urban Renewal Land, presented and read. Joe Guccione, Rock River Realty of Sterling, lIIinois, addressed the Council requesting change of use of Block 14 in Urban Renewal Area; Have a buyer for half of the block; Motel-Hotel use has dwindled out. Ass't. City Manager Wittenberg stat- ed that a Hotel Complex would be remote at this time. Councilman Wertzberger moved that the commun- ication of Ass't. City Manager be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. March 14, 1977 Honorable Mayor and City Council Last fall the City of Dubuque was the recipient of $300 in prize money from the Iowa Development Commission as a result of participating in the 1976 Iowa Community Betterment Program. At the May 24, 1976 City Council meeting, the Dubuque Ambassadors were designated sponsors for this pro- gram, and their representative suggest- ed at that time that any prize money received be distributed to the organiza- tions used as the basis for Dubuque's entry. The final submission for compe- tition included both the Washington Park Jmprovement Program and the Five Flags Theater Restoration Project. We would request your direction as to the disposition of this $300.00. Gilbert D. Chavenelle City Manager Councilman Tully moved that the prize money he awarded to the Beau- -- tification Committee,. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 16, 1977 Honorable Mayor and City Council 1 have appointed Mr. Clair A. Brashaw and Mr. Robert K. Bush to three year terms on the Heating, Ventilating, Air- conditioning and Refrigeration Board. I request your concurrence in these appointments. Gilbert D- Chavenelle City Manager Councilman Tully moved that the communication be received and filed and appointments be approved- Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Biady, Pregler, Tully, Wertzherger. Nays-None. March 17, 1977 Honorable Mayor and Members of the City Council Please be advised that I have ap- proved the following continuation cer- tificates of sidewalk construction bonds: M.P. Kluck and Son Jnc., Bond No. 28214-13-624-53 to 4-8-78 Edwards Concrete Contractors Inc., Bonc No- 932751 to 4-12-78 Heitzman Construction Co., Bond No. 932726 to 4/30/78 Timmerman Construction Co., Bond No. 947516 to 4-30-78 Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved- Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Printed Council Proceedings for the month of December, 1976, presented for Council Approval. Councilman Tully moved that the proceedings he ap- proved as printed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. March 16, 1977 Honorable Mayor and City Council In response to the petition by Mr. 135 136 Special Session, March 21, 1977 James Richard for street lights in Sun- rise Heights Subdivision, the area has been inspected and it is recommended that two lights be installed on Boyer Street and one on Cottonwood Court. J have attached a copy of Electrical Jnspector Alber's letter dated March i6. Gilbert D. Chavenelle City Manager March 8, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has revieWed the petition of the Powers Land Develop- ment Company which requested reclas- sification of 5 parcels of property. Four of the parcels are located in "Powers Place", an area bounded on the north by Asbury Road and on the west by John F. Kennedy Road. The fifth parcel is a portion of Mineral Lot 263, located at the southwest corner of the intersection of Judson Drive and Asbury Road. The location and the zoning reclassification request on each parcel is depicted on the attached map. The Commission has tabled action on Parcel I pending completion of the Kennedy Road report, and has scheduled a March 16, 1977, public hearing on Parcel 4 and will report their recommendations on those parcels to you at a later date. In considering the petitions, the Commission has made the following determinations: that the existing zoning classification on Parcel 2 and Parcel 3 are appropriate and that no useful purpose would be served by reclassification of those properties; that the request for OR-1a Office-Re- sidential District Classification on Par- cel 5 is substantially the same request that the Commission heard in January, 1976. In denying the 1976 request the Commission noted the impact that the range and intensity of uses in the OR-! District would have on the subject property and which might later apply to other vacant properties in the general vicinity. The Commission has found the pre- sent zoning classification on Parcels 2,3, and 5 to he appropriate and have voted to deny those requests. CJTY PLANNING AND ZONJNG COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. March 16, 1977 Honorahle Mayor and City Council The communication of Mrs. Willard H. Farr was referred to the Water Department at your March 10 meeting. Enclosed is a letter from Mr. Hail and a tabulation of the apartments referred to in Mrs. Farr's letter. It Is apparent thai the meters are correctly placed, and Mr. Hall also in- dicated that such installations would continue to be read by city employees. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and City Clerk directed to advise Mrs. Farr. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. March 16, 1977 Honorable Mayor and City Council Submitted for your approval is a salary conciliation agreement between the City of Dubuque, Its Dock Commis- sion and Dock Manager Shirley Lang. The proposed settlement places the Dock Manager position in the proper grade of the city's pay classification plan and also provides an equitable amount of back pay. We recommend your approval of this document. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Tully moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None- March 17, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission will consider ap- Special Session, March 21, 1977 137 plication of zoning classification on four (4) properties which were recently annexed by voiuntary petition, as follows: (I) Tbe Petition of Theisen Building Company, Inc" requesting C-3 Arterial Businesss Commercial District clas- sification on a 5Y, acre parcel in "Har- wood Addition". The undeveloped par- cel has frontage on the south side of U.S. Highway 20 east of Brunskill Road, as shown on the attached map. (2) The Commission will consider R-I Residential District classification on tbree parcels in "Henschels Black Fo- rest". The properties are in the owner- ship of Richard Henschel, Harold Con- zett, and David Willoughby. All of these properties are shown on attached maps- The Commission has scheduled public hearings on the zoning classifications for their April meeting and will report their recommendations to you. CITY PLANNJNG AND ZONING COMMISSJON Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Stephanie M. Hahlen submitting a petition containing 458 signatures of residents of the West Bnd Neighborhood Ass'n. seeking to be recognized with the City and Commun- ity Development, presented and read- Councilman Tully moved that the com- munication be received and filed and referred to the Community Develop- ment Commission. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Five Flags Build- ing Committee submitting a recom- mendation relative to management of the New Civic Center indicating that the Five Flags Center be operated by a new Five Flags Civic Center Commis- sion to be appointed by the Council, presented and read. Councilman Pregler moved tbat the communication he received and filed and referred to Council. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas - Mayor Stackls, Councilmen Brady, Pregler, Wertzberger. Nays - Councilman Tully. Councilman Brady moved to approve Five Flags recommendation. Seconded by Mayor Stackls. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - Councilman Tully. Communication of Dubuque County Ass'n. for Retarded Citizens Inc. ex- tending an invitation to attend "Very Special Arts Festival" on June 3, 4 and 5th and requesting permission to block off Main Street between 4th and 5th streets for displays, presented and read. Councilman Wertzberger moved that the request be approved suhject to final approval of the City Manager and Traf- fic Department. Seconded by Mayor Stackis. Carried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Robert W. McCor- mick, in the amount of $40., for services rendered in the digging of a trench at 2040 Bunker Hill Road due to broken water main, presented and read. Coun- cilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Mrs. Bernice Leute, in an undetermined amount, for per- sonal injuries received in a fall on a defective sidewalk at the corner of 13th and Iowa Street on March 9, 1977, pre- sented and read. Councilman Wertz- berger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the foi- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Kathryn Schroeder, in the amount of $1454.70, as the result of driving into a hole in the pavement in the alley at Seventh Street behind Dubuque Building and Loan and incurring personal injuries on March 15, 1977, presented and read. Councilman Wertzberger moved that the notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. A RESOLUTION suggesting the 138 Special Session, March 21, 1977 Council adopt proposed amendments to the Park Board Ordinance, also approv- ing attached Park Board Resolution, presented and read. Councilman Tully moved that the motion to adopt the Resolution be tabled. Seconded by Councilman Brady. Carried by the folc lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. AN ORDINANCE repealing Section 27-37 of the Code and enacting a new Section in lieu thereof to prohibit the use of liquor in parks; repeal Section 27-55 and enact a new Section in lieu thereof governing use of bicycles, mo- torcycles etc. in .ity parks; repeal Sec- tion 27-62 and el.act a new Section in lieu thereof to provide for open season and hours in city parks, presented and read. Councilman Tully moved that the motion to adopt the Ordinance be ta- bled. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider Dock Board Lease with Robert Keh1, presented and read. Coun- cilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO, 82-77 WHEREAS, the Board of Dock Com- missioners of the City ofDubuque, Jowa have been negotiating with Robert Kehl for the negotiation of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease; and WHEREAS, a true copy of said writ- ten lease, marked "Exhibit A", is hereto attached and by reference made a part hereof; and WHEREAS, the terms and conditions of said proposed lease should be ap- proved by the City Counçil ofthe City of Dubuque, Iowa; and' WHEREAS, notice 6f intent to enter into said lease for a term in excess of three years has been published in the Telegraph Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Jowa fixing the 21st day of March, 1977, in the City Council Chambers in City Hall, Dubuque, Jowa as the time and place of hearing on said published notice of intent to enter into lease: / NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the proposed written lease agreement by and between the Board of Dock Commissioners of the City ofDuhuque, Iowa and Robert Kehl, a copy of which is marked "Exhibit A" hereto attached and by reference made a part hereof, he and the same is hereby approved; and that there have been no oral or written objections to the enter- ing into said lease by the Board of Dock Commissioners. Section 2. That the City Clerk be and he Is hereby authorized and direct- ed to transmit a certified copy of this Resolution to the Board of Dock Com- missioners of the City of Dubuque, Iowa. Passed, approved and adopted this 21stdayofMarch,1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that the Conti Property -Bell Street Property- Fencing of the area all be referred to the Dock Commission. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Dubuque Dock Commission encouraging the Council to endorse a repayment plan for tbe sewer installation of Rober Kehl and further requesting a budget amendment to delete $1500 from projected revenues for 1978, 1979 and 1980 projected in- come, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO-12-77 AN ORDINANCE GRANTING ROBERT J. KEHL THE RIGHT TO CONSTRUCT Special Sessjon, March 21,1977 139 A SANITARY SEWER TO THE ROBERTS RIVER RIDES IN THE EX- TENSION OF EAST SECOND STREET AND PROVIDING THE TERMS AND CONDITIONS THEREOF, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when finai 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. ÓRDINANCE NO. 12-71 AN ORDINANCE GRANTING ROBERT J. KEHL THE RIGHT TO CONSTRUCT A SANITARY SEWER TO THE ROBERTS RIVER RIDES IN THE EX- TENSION OF EAST SECOND STREET AND PROVIDING THE TERMS AND CONDITIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA Section 1. That Robert J. Kehl be and he is hereby granted the right to con- struct an eight inch (8") sanitary sewer in the extension of East 2nd Street- Beginning at the existing 42" sanitary sewer under the Burlington Northern Railroad tracks eastward to the east lease line of the property lease to Robert River Rides, approximately 525' upon the following terms and conditio:,,: (0) That the grantee agrees to con- struct said stmtiary sewer within one year from the dote of adoption of this ordInance and pay the entire cost ther- eof including the cost of engineering, inspection and restoration of the sur- face of the street. (b) That said sanitary sewer shall be constructed in accordance with plans approved by the Iowa State Department of Environmental Quolity and the City Manager and under the supervision and direction of the City Manager and City Engineer. (c) That the grantee shall enler into a contract for the construction of said sanitary sewer with a well qualified contractor which contract, among other things, will can win a clause requiring the contractor to obtain all necessary permits required by the City of Dubuque, or any other governmentat agency, a clause obligating the contrac- tor and his bondsman to keep said san- itary sewer and appurtenances in good repair for a period of not wss than two years from the date of acceptance of the work, and a clause requiring the con- tractor to furnish surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful per- formance of said contract. (d) That upon completion of said san- iiary sewer and the acceptance of the same by the City Council, said sanitary sewer sholl become a public sewer under the exclusive charge and control of the City of Dubuque. That portion of the sewer outside the lease property of Roberts River Rides shall have its free use as such shall not be interfered with by grantees or their successors or as- signs. That portion within the limits of the leased property of Roberts River Rides shall have its free use as such following the adoption by the City of Dubuque of a connection charge bosed on the final cost of the same which cost shall be collected by the City and paid to the grantee. Section 2. That the authority granied herein shall terminate on March 1, 1978, unless the terms and conditions of this ordinance are accepted in writing by the grantee prior to that date. Section 3. This ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 21st day of Morch, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Wolter A. Pregler ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 12-77 Robert J. Kehl having full knowledge and understanding of all the terms and conditions of Ordinance No. 12-77, her- eby accepts the some as passed and agrees to comply with the terms and conditions thereof. Adopted this 24th day of March, 1977. s, Robert J, Kehl Published officially in the Telegraph Herald Newspaper this 30th day of March, 1977. Leo F. Frommelt City Clerk 113:30 140 Special Session, March 21,1977 Councilman Tully moved finai adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 14, 1977 To the Honorable Mayor and City Council Enclosed are the plat, Resolutions, and City Ordinances which have been prepared for the vacating of a portion of Water Street. The proposed vacated area begins at the Dodge Street right-of-way beneath the Julien Duhuque Bridge, and extends 480 feet southerly. The street is bounded on all sides by property owned by Mulgrew Oil Com- pany, and is used solely as access to their facility. Mulgrew Oil has requested the vacat- ing of the street and dedication of property to them. It is my recommen- dation that the street be vacated and deeded to Mulgrew for the cost of ad- vertising the official publications and the cost of filing the plat. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication he received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None- RESOLUTION NO. 83.77 WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa a plat, dated October 18, 1976, prepared by Shive-Hattery and Associates, Professional Engineers and Land Surveyors, covering vacated Water Street from the south property line on Dodge Street to the south property line of Lot 2 of 17 of Dubuque Harbor Addition in the City of Dubuque, Jowa, and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Jowa; Section 1: That the Plat dated Oc- tober 18, 1976, prepared by Shive-Hat- tery and Associates, Professional En- gineers nand Land Surveyors, covering the real estate herein above described, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on bebalf of the City of Dubuque. Jowa; Section 2: That the City Clerk be and he is hereby authorized and directed to file said plat and certified copy of thIs Resolution in the Office of the Recorder in and for Dubuque, County, Jowa. Passed, approved and adopted this 21st day of March, 197~. 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 hy Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. AN ORDINANCE vacating a portion of Water Street running from the South Property Line of Dodge Street to the South Property Line of Lot 2 of Lot 17 of Dubuque Harbor Addition in the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzherger. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to puhlish notice of the hearing in the manner required by law. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of City Manager submitting Ordinances and requesting approval of parking rates for the Locust Street and Iowa Street Municipal Park- ing Ramps, presented and read. Coun- cilman Brady moved that the commun- Special Session, March 21,1977 141 ication be referred to the public hearing to be held on April 4, 1977. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Subsection (h) of Section 25-220 of the Code of Ordinances, City of Dubuque, iowa and enacting a new Subsection (b) of Section 25-220 in lieu thereof to establish speed limits gener- ally in the City of Dubuque, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - MayorStackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved thai a public hearing be held on the Ordinance on April 4, 1977 at 7:30 P.M. in the Council Chambers at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays - None- AN ORDINANCE of the City of Dubuque, Jowa, providing for the repeal of Section 25-307 of the Code of Ordin- ances, City of Dubuque, Jowa, and en- acting a new Section 25-307 in lieu thereof to provide time and fee schedule for specific parking lots in the City of Dubuque, presented and read. Council- man Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzherger. Nays-None. Counciiman Brady moved that the rule requiring an Ordinance to be received and filed and two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler. Carri~d hy the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. AN ORDINANCE of the City of Dubuque. Iowa, providing for the repeal of Section 25-304 of the Code of Ordin- ances, City of Dubuque, Jowa and en- acting a new Section 25-304 in lieu thereof designating the various mun- icipally owned parking lots in the Cityof Dubuque, presented and read. Council- man Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to he received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler. Carried hy the fol- lowing vote: Ye.. - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to puhlish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Section 25-327 of the Code of Ordin- ances, City of Dubuque. Jowa, and en- acting a new Section 25-327 in lieu thereof to provide fee schedule in the respective parking meter districts in the City of Dubuque, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by -- 142 Special Session, March 21,1977 Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler- Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays-None. Councilman Brady moved that a public hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. AN ORDINANCE of the City of Dubuque, Jowa, providing for the repeal of Section 25-326 of the Code of Ordin- ances, City of Dubuque, Iowa and en- acting a new Section 25-326 in lieu thereof to provide for the establishment of three parking meter districts in the City of Dubuque, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady moved that a puhlic hearing be held on the Ordinance on April 4, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by laW. Seconded by Councilman Pregler. Carried by the fol- iowing vote: Yeas- Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 13-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 55-76 BY STRIKING THE THIRD PARAGRAPH OF THE PREAM- BLE THEREOF AND ENACTING A NEW THIRD PARAGRAPH IN LIEU THEREOF TO STRIKE SECTION 366,7 THEREFROM AND INSERT IN LIEU THEREOF SECTION 380.8, presented and read. Mayor Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Brady- Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 13-77 AN ORDINANCE AMENDING ORDIN- ANCE NO. 55-76 BY STRIKING THE THIRD PARAGRAPH OF THE PREAM- BLE THEREOF AND ENACTING A NEW THIRD PARAGRAPH IN LIEU THEREOF TO STRIKE SECTION 366.7 THEREFROM AND INSERT IN LIEU THEREOF SECTION 380.8 NOW THEREFORE BE IT ORDAINED BY THE City Council 01 the City of Dubuque, lows: Section 1. That Ordinance No- 55-76 be and the same is hereby amended by repealing the third paragraph of the preamble thereof and enacting a new 'third paragraph to the preamble in lieu thereof as follows: "The City Council then determined that the said proposed Code of Ordin- ances should be odopted in its original form as now filed and did thenon the 1st day of November, 1976, adopt Ordin- ance No. 55-76 adopting said Code of Ordinances provided in Section 380.8 of the 1975 Code of Iowa." Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Special Session, March 21,1977 143 Herald Newspaper this 25th day of March, 1977. Leo F. Frommelt City Clerk lt3:25 Mayor Stackis moved final adoption of the Ordinance. Seconded by Council- man Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of University of Dubuque requesting permission to post direction signs on routes leading to the University Campus, presented and read. Council- man Wertzberger moved that the peti- tion be received and filed and referred to the City Manager and Traffic Depart- ment. Seconded by Councilman Pregler. Carried by tl1e following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of RET Corporation request- ing sewer services to Hamilton Glen Apartments, presented and read. Tom Hanzel of Moline, IIi. spoke to Council relative to petition. Mayor Stackis moved that the petition be received and filed and referred to the City Manager and Engineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Jowa Commission for the Blind requesting a refund of $25. on the unexpired portion of Cigarette License No. 1073, discontinued business on March 7, 1977, presented and read. Mayor Stackis moved that the refund be Grantor Dubuque Five Flags Center Fund Deed Dated February 2, 1977 Recorded as Jnstrument No. 1332-77 Dubuque Five Flags Center Fund Deed Dated February 2, 1977 Recorded as Jnstrument No. 1334-77 Dubuque Five Flags Center Fund Deed Dated February 24, 1977 Recorded as Jnstrument No. 1707-77 Dubuque Five Flags Center Fund Deed Dated February 2,1977 Recorded as Instrument No. 1333-77 approved and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Homan Chan requesting a refund of $633.75 on the unexpired por- tion of Beer Liquor License No. C-7738 discontinued husiness on February 19, 1977, presented and read. Mayor Stackis moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 84-77 Accepting delivery of deeds from the Civic Center WHEREAS, pursuant to Resolutions Numbered 16-77, 17-77 and 18-77, the City of Dubuque has acquired from the Duhuque Five Flags Center Fund cer- tain real estate for the purpose of providing a site for the construction and equipping a Civic Center: and WHEREAS, the Dubuque Five Flags Center Fund has deeded to the City of Dubuque without charge the Five Flags Theater to be integrated into the Civic Center. NOW THEREFORE, BE IT OR- DAINED BY THE City Council of the City of Dubuque, Jowa: Section 1. That the delivery of deeds to the City ofDubuque for the following described parcels of real estate is hereby ratified and accepted by the City of Dubuque. Description Lot 1 of Block 15 in Dubuque Down- town Plaza in the City of Dubuque, Jowa, excepting therefrom the souther- ly 63.6 feet of the easteriy 114 feet The southerly 63.6 feet of the east 114 feet of Lot 1 of Block 15 in the City of Dubuque, Iowa The southerly 63.6 feet of the east 114 feet of Lot I of Block 15 in Dubuque Downtown Plaza in the City of Du- buque, Jowa Lot 2 of Block 15 in Duhuque Down- town Plaza in the City of Dubuque, Iowa 144 Special Session, March 21,1977 Section 2. That the recording of tbe respective deeds of conveyance of title in the Office of the Recorder in and for Dubuque County, Jowa, is hereby ratified. Section 3. That the City Clerk he and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Recorder in and for Dubuque County, Jowa. Passed, approved and adopted this 21stdayofMarch,1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen the City Clerk a Plat in which the sub- division of Lot 1 of Lot A, Subdivision of Lot I of Lot 2 of Lot A; Lot 2 ofLot2 of Lot A, Lot B of Terrace Heights Sub- division, and Lot 3 of the Northwest One Quarter of the Northwest One Quarter of Section 12, Township 88 North, Range 2 East of the 5th Principal Meridian in the City of Duhuque, Jowa is platted as: Lot C and D in Terrace Heights Sub- division in the City of Dubuque, Jowa and, WHEREAS said plat has been ex- amined by the City of Dubuque Plan- ning and Zoning Commission and has its approval endorsed therein; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved tbis 21st day of March, AD., 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 WeftZberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 2, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed a fin- al plat of Lot C and Lot D of "Terrace Heights" Subdivision in the City of Dubuque, Jowa. Lot D has frontage on Peru Road and contains commercial development and a single family struc- ture. Lot C contains an established mohile home park. The Planning and Zoning Commis- sion has approved the final plat of Lot C and Lot D in "Terrace Heights" Sub- division and recommends your favora- ble consideration. CITY PLANNJNG AND ZONING COMMISSJON Daniel Dittemore Director of Community Development ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 86-77 Authorizing submls8ionola request lor Release of Funds for Certain Community Development Block Grant Project WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures, for the Community Development Block Grant Program, covened an ad hoc committee on May 19, 1976, and completed an Environ- mental Assessment of the proposai (project) for the Removal of architec- tural harriers which impede the mobili- ty of the elderly and handicapped in the downtown area. WHEREAS, pursuant to Resolution Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 85-77 Resolution approving Plat of Lot C and Lot D of Terrace Heights Subdivi- sion on Peru Road in the City of Dubuque, Iowa. WHEREAS, there has heen filed with Special Session, March 21, 1977 145 No. 186-76 adopted May 24, 1976, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was puhlished May 25, 1976, in the Dubuque Telegraph - Herald, a newspaper of general circula- tion, and provided for a public comment period until 12:00 Noon, Friday, June 18, 1976; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was sent by regular mail to various federal, state, and local public agencies and to the local news media, individuals, and groups known to be interested and believed to be appro- priate to receive such a Public Notice: and WHEREAS, any and all objections, if any, to such proposals have heen duly considered; and WHEREAS, it is the intent of the City Council to authorize the suhmission of a request to the U_S. Department of Housing and Urban Deveiopment for release of funds under the said Act to carry out the above identified projects, NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Jowa: Section 1. That the Environmental Review Record for the proposal (project) shall continue to remain on file in the Office of the City Clerk, where said records may he examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed tosubmit to the U.S. Depart- ment of Housing and Urhan Develop- ment five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds, a request for release of funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carrted out by the City of Dubuque as to environmen- tal issues. Section 4- That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer- tification pertaining to the environ- mental review procedures. Section 6. That the City Clerk be and he is herehy authorized and direct- ed to publish a public notice for a Request for Release of Funds and Cer- tification in form of Exhibit "A" at- tached hereto and made a part hereof. Passed, approved, and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City ofDubuque intends to file a request five (5) days after receipt from HUD of approved application for FY 1977 Block Grant Funds. Removal of architectural barriers which impede the mobility of the elderly and handicapped in the downtown area. The City of Dubuque has made an Environmental Review Record for the projects, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Jowa Streets, Dubuque, Iowa, where said records may be examined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 30th day of June, 1977- The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex" ecutive Officer of the applicant is Mayor Emil Stackis. The mailing address for both the applicant and the Cbief Ex- ecutive Officer is City Hall, 13th and Iowa Streets, Dubuque, Jowa. 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 J of the Housing and Community Development Act of 1974, The City of Duhuque is certifying to HUDthat the City of Dubuque and Emil Stackis, in his officiai capacity as Mayor, consent to accept the jurisdic- tion of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, 146 Special Session, March 21, 1977 decision-making, and action: and these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the block grant funds and HUD will have satisfied its responsibilities under the National Environmental Policy Act of 1969. HUD will accept any objection to Its approval of the release of funds and acceptance of the cer- tification only if it is on one of the following bases: (a) That the certifica- tion was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD: or (b) That applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process. Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objection received after the 30th day of June, 1977, will be considered by HUD. Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 87-77 A Resolution approving guidelines for the concentrated Rehabilitation Losn and Grant Program and Providing Rules for adlTllnlstratlon of said program NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Jowa; Section 1. That the Guidelines for the Concentrated Rehabilitation Loan and Grant Program, hereto attached and marked Exbibit "A" be, and the same, are herebý approved as rules for the administration of said program. Section 2. That the Rehabilitation Commission of the City of Dubuque has heretofore approved of sucb Guidelines- Passed, adopted and approved this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Brady read the follow- ing statement and requested it be en- tered in the Record. "1 am in agreement with the concept of Rehabilitational Land and Grant Program as adopted tonight. But I would like to again stress my concern that the program not.now or in the future he narrowed in its ap- plication so as to channel a majority of funds into specific demonstration blocks within a target area, thus de- priving other applicants within the tar- get area of funds. s, James E. Brady Councilman 3-21,77" Councilman Wertzberger moved concurrence with the statement. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Abstain - Councilman Tully. RESOLUTION NO. 88-77 NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque: Section 1. That the grant of easement dated March 3, 1977, to the City of Dubuque, Iowa by Richard C. Henschel and Mildred L. Henschel be and the same is hereby accepted. Section 2. That the City Clerk is her- eby directed to have said grant of ea- sement and a certified copy of this Re- solution to be filed in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Special Session, March21, 1977 147 Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 14, 1977 To the Honorable Mayor and City Council As a prerequisite to receiving Federal Aid Assistance for any road construc- tion projects involving right-of-way purchase, it is necessary that the City make assurances to the Jowa Depart- ment of Transportation that the procedures outlined in the 1970 Uniform Relocation Assistance and Land Acqui- sition Policites Act will be followed. Jn the past we have heen following these same rules and regulations on all federal aid projects. This is a yearly assurance of our policy of providing such assistance in accordance with the 1970 Act. The attached Resolution authorizes the Mayor to sign the document on hehalf of the City Council and directs the City Clerk to file the document with the Iowa Department of Transportation. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 89-77 WHEREAS, the City of Dubuque, Iowa may be making application to the Iowa Department of Transportation for Federal Funding of highway construc- tion projects requiring right-of-way purchase, and WHEREAS, it is necessary to comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acqui- sition Policies Act for such federal aid projects, and WHEREAS, it is the policy of the City of Dubuque to acquire right-of-way and to provide relocation assistance henefits for federal aid projects in accord with the 1970 Act. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of tbe City of Dubuque, Jowa, that the Mayor be and he is hereby authorized and directed to execute the attached right- of-way assurance statement, and that the City Cierk be and he is hereby dir- ected to file the document with the Iowa Department of Transportation. Passed, adopted, and approved this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded hy Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 90-77 Endorsing the Dubuque Ambsssadors as Sponsors for the 1977 Iowa Community BetlerlTlent Program WHEREAS, the City Council en- dorsed the Dubuque Ambassadors as the sponsoring organization for the Ci- ty of Dubuque in the 1977 Iowa Com- munity Betterment Program; and WHEREAS, it is recognized that par- ticipation within this program stimulates civic awareness and gener- ates community spirit; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to continue its participation in the Iowa Community Betterment Program: now therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Dubuque Amhassadors is endorsed as the spon- soring organization for the City of Dubuque in the Iowa Community Bet- terment Program, and they are author- ized to enter the Community Awards Competition on behalf of the community. Section 2. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to serve as the of- ficial liaison of the Dubuque City Council with the Dubuque Ambassadors. Passed, approved and adopted this 21st day of March, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzþerger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully- Carried by the fol- lowing vote: ~ ~ 148 Special Session, March 21, 1977 Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 91-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE JT RE- SOLVED BY THE City Council of the City of Duhuque, Jowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT LaVern Nicholas Hennen, 3300 Asbury Road Earl Edmond Schumacher, 2204 Central Ave. 21st day of March, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregier Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Don Deich requesting City to consider charging a fee for dumping sewage into the Sani- tary Sewer pumping station at Terminal Street by septic tank contractors, pre- sented and read. Councilman Brady moved that the communication be received and filed and referred to the City Manager for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. There being no further business, Councilman Brady moved to adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger- Nays-None. Leo F. Frommelt City Clerk Passed, adopted and approved this 2IstdayofMarch,1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Brady moved adoption of the Resolution. Seconded hy Mayor Stackis, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 92-77 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following narped applicants a Beer Permit. CLASS "C" BEER PERMIT LaVern Nicholas Hennen, 3300 Asbury Road Earl Enmond Schumacher, 2204 Central Ave. Approved 1977 Adopted 1977 Councilmen ATTEST: Passed, adopted and approved this City Clerk Special Session, March 30,1977 149 Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis. There being no further business Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wettzberger. Nays-None. Approved. CITY COUNCIL OFFICIAL Special Session, Msrch 30, 1977 Council met at 4:15 P.M. (C.S.T.) Present - Mayor Stackls, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle Mayor Stackls read the call and stated that service thereof had been duly made and this meeting is called for the pur- pose of acting upon such business as may properly come before the meeting. At 4:50 P.M. Mayor Stackis moved that the Council go into executive ses- sion to consider fact finders report on negotiations with the General Drivers Local Union 421. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. The Council reconvened in regular session at 5:17 P.M. Councilman Wertz- berger moved that in view of the fact finder's report the City go into arbitra- tion. Seconded by Councilman Tully. Adopted.. ...... Mayor Councilmen ATTEST: City Clerk .... 1977 1977