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1977 July Council Proceedings =- "c -,'" -~'~'-"~~~.~ ~ Harry Chambers and Robert Waller; to 5-14-83; Advisory commission for three year terms Helen Spielman and Lynn Beauchamp to 6-1-1980; Library Board Rev, Karl Schroeder to 7-1-83, Leland Stocker to 7-1-83, Mrs, Fred Rutan to 7-1-83 all six year terms to replace Robert G, Holscher, Ken Pease, and Mrs, Mabel Hoffmann respectively; Five Flags Commission Phil Kelly and Mer- Iyn Pierce for I year terms and Dave Bonnett, Vaughn Gayman and RR Wahlert to 2 year terms; Recreation Commission reappoint Paul Russo for a three year term to 7-5-80; TV Cable Commission Rex Reynolds, Gary Haverland, Charles Ellis, James Renier, Thomas Faulkner, Don Allendorf, Wm, Alfredo, Don Abitz; Historical Preser- vation Commission George Biasi, Louis Kirkwood, Martha Lundh, Paul Ros- siter, Tom Reilly, Charlotte Solomon, Mike Pratt, Seconded by Councilman, Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk 1977 1977 Regular Session, July 4, 1977 331 330 Special Session, June 29, 1977 WHEREAS, the Airport Commission has published notice of intent to enter into said lease in accordance with sta- tute in the Telegraph-Herald, a New- spaper of general curculation published in the City of Dubuque, Iowa; and WHEREAS, said public hearing was " held on June 23, pursuant to said notice in the City of Dubuque, Iowa and that no objections were registered against 'aid proposal to enter into said lease; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Lease Agreement by and between the Dubuque Airport Commission and the Tri-State Flite Ser- vices, Inc. dated June 23, 1977 be and the same is hereby approved and ratified. Passed, approved and adopted this 29th day of June, 1977. Emil Stack!s Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. At 5:05 P.M. Councilman Pregler moved to go into executive session for the purpose of appointing citizens to various Boards and Commissions. Seconded by Mayor Stackis. oa-..ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Council reconvened in regular session at 6:06 P.M. Councilman Pregler moved the fol- lowing appointments; Rehabilition Commission Wm. Hammel and Ed Rosenow; Area "C" Development Study Commission Richard Wertzberger: Community Development Commission Ron Hahlen; Airport Zoning Commis- sion reappointment to six year terms CITY COUNCIL Regular Session, July 4, 1977. There being no membera present, the Meeting was adjourned subject to call. Approved Adopted ......."""""" Councilmen ATTEST: City Clerk Approved 1977 Adopted 1977 ...".."............ ..................... Councilmen ATTEST: ". " " " "" " City Clerk 332 Adjourned Regular Session, July 5, 1977 CITY COUNCIL OFFICIAL Adjourned Regular Session, July 5, 1977. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Statkis read the call and stated this Meeting is an adjourned meeting of the REGULAR MEETING OF JULY 4, 1977 and also of the Meeting of June 20, 1977 called for the purpose of Inllatlng Bond Proceedings and acting upon such other business as may properly come before the Meeting. Invocation was given by Reverend Lee Peterson, Pastor of First Baptist Church. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of June 16, 1977. presented and read. Councilman Pregler moved that tbe minutes be received and filed, Seconded by Councilman Wertz- berger, Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Planning and Zoning Commission submitting min- utes of their meeting of June 22, 1977 presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays - None. Communication of Airport Commis- sion submitting minutes of their meet- ing of June 9., 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzbergor. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays-None. Communication of Playground and Recreation Commission submitting minutes of their meetings of May 24 and June 13. 1977. presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger, Nays-None. Communication of Housing Commis- sion submittting minutes of their meet- ing of June 21,1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: . Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of June 14,1977, presented and read. Councilman Pregler moved' that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of June 28, 1977, pre- sented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of State Department of Health submitting imspection report on San Jose Swimming Pool, presented and read. Councilman Tully moved that the report be received and filed and referred to the Recreation Dept. Seconded by Mayor Stackis, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communications of Iowa D.E.Q sub- mitting water construction permits for Equestrian Heights, Highland Park Estates and Arbor Oaks Block 7, pre- sented and read. Councilman Tully moved that the communications be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Mrs, Merl Adams requesting that only Dubuque based organizations will be able to solicit funds in the fnture as the result of a disturbing incident while soliciting, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by tbe following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None, Communication of Mrs. Katbryn O'Brien objecting to tbe raising of parking fees. presented and read. Coun- Adjourned Regular Session, July 5, 1977 333 cilman Tully moved that the commun- ication be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. Communication of Ida E. Bahl ob- jecting to the raising of parking fees, presented and read. Councilman Tully moved that the communication be received and filed, Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - Nooe, Communication of Mrs, Lucy Oster- haus suggesting to take the busses off in the nightime and inauguate service on Sunday, presented and read. Council- man Tully moved that the communica- tion be received and filed aod referred to Keyline, Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Mrs. Glen Udel- hofen requesting to voice her objection to the method used in granting Area Residential Care a conditional use per- mit on Broadway, presented and read, Councilman Pregler moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger, Nays-None. Mr, Udelhofen of 2417 Broadway stated no rights as individual citizens; Just asking to be heard: Council should be made aware of action of Zoning Board. Councilman Pregler moved that the communication of Mrs. Udelhofen be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays - None. Communication of Municipal Government Reorganization Task Force requesting time to present their conclusions and recommendations. pre- sented and read, William D. Wood, Chairman of Task Force. addressed the Council relative to findings, Recommending Group depart- ment; Manager should have more man- ageable control: City should define Manager's duties and department heads; City should develop on an ongo- ing status. Councilman Wertzberger moved that the communication be received and filed and referred to Council. also requesting report back on Gruen Report and referred to the City Manager for his reaction and a Work Session to be scheduled in August. Seconded by Councilman Tully. Car- ried by the following vote: Yeas - Mayor Stack is, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None, Communication Vincent H. Roling and Wm. Jenni citing the heavy damag- ing conditions on their property due to construction in the area receiving no relief after repeated efforts, presented and read, Vincent Roling of 3280 Pennsylvania Ave. and Wm. Jenni of 2985 University spoke to Council relative to the com- munication stating water problem is from Long John Silver property; Ques- tioning why water is being dumped on their property; Request water be diverted; Stated City wants an easement. Councilman Pregler moved that the communication be referred to the City Solicitor, City Manager and Staff for investigation and report back to Coun- cii by 1st meeting in August. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Communication of Teleprompter submitting financial statements for the year ending Deceml¡er 31. 1976, pre- sented and read, Councilman Pregler moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger, Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmaen Brady, Pregler. Tully. Wertzberger. Nays-None. Communication of Conticarriers and Terminals Inc. exercising their option to extend the term of their lease dated July 25, 1962 to July 24, 1982, presented and read. Councilman Pregler moved that the lease be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None, Proof of publication, certified to by the Publisher, of Public Notice indicat- ing the City has requested a release of funds under Title 1 of the Housing and Community Development Act for removal of architectural barriers for an Adult Care Center, presented and read, 334 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 335 Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None. June 28, t977 Honorable Mayor and City Council I am returning to you the petition of Robert D. Klauer about the cnndition of Lawndale Street due to construction equipment moving on it. I am enclosing a letter from City En- gineer describing situation and indicat- ing the repair of the street. Also en- closed is Mr. Koch's letter stating that he has talked to the petitioner, Gilbert D. Chavenelle City Manager Conncilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None, June24,1977 Honorable Mayor and City Conncil I herewith snbmit the reports of the City Treasurer. Finance Director, Water Superintendent. Health Department. as well as a list of claims paid, for the month of May, 1977 Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None. June27,I977 Honorable Mayor and City Council I am returning to you the petition of the University of Dubuque to install direction signs at several locations in the city. This petition was referred to the Manager and Traffic Committee on March 21st. I am also attaching a copy of a letter from Mr. Cliff Gold, dated June 14th questioning whether or not the petition had been reported back to Council. The petition was considered and rejected by the Traffic Committee on March 24th and I thought this recommendation had been sent to Council. I cannot, how- June 27,1977 ever, find any written record to sub- stantiate this. We have informed Mr, Gold about the unfavorable opinion of the Traffic Committee and that the pe- tition waS being returned to Council on July 5. I recommend that the petition be denied and in explanation have at- tached a letter from Chief O'Brien. Gilbert D. Chavenelle City Manager Honorable Mayor and City Council The Planning and Zoning Commis- sion has considered requests of Ms. Pat Klossner for an appropriate zoning amendment to permit her to use property at 2625 John F. Kennedy Road for a beauty salon, This property is presently within an OR-I Office-Re- sidential District and contains a single family home lying immediately north of the Power Lawn and Garden Equipment establishment. Ms. Klossner had requested either that the property be reclassified to a Commercial (C) District to permit beauty salon occupancy, or that the uses permited in the OR-I Office Re- sidential District be expanded to in- clude beauticians or cosmetologists. The Planning and Zoning Com mis- sian has considered requests for com- mercial wining in that vicinity in 1969, 1971, and 1973. It has been consistentiy held that expansion of commerical uses at that location would be desirable. and the request for such reclassification was again rnled inappropriate. The Commission has also considered the proposal to expand the list of uses permitted in the OR-I District. It was determined that any effort to expand those uses to include beauticians or cosmetologists would demand equal consideration of the inclusion of other- personal services, repair services. and like uses, and that the existing OR- I Districts were not well adapted to a broadened range of uses because of their proximity to low-density residen- tial areas. Therefore. the further consideration of her request was denied on a split decision. By this action, the Planning and Zoning Commission has recom- mended that you concur in the denial of this petition. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Attorney Donald Brietbach on behalf of Mrs. Pat Klossner addressed the Council stating property is zoned OR-I; Klossner area is predominantly non-re- sidential: Advising of split decision at Planning and Zoning Meeing Meeting. Councilman Pregler moved that the communication of Planning and Zoning be referred back to the Planning and Zoning Commission. Seconded by Councilman Wertzberger. Carried by the following vote: Councilman Pregler moved that the recommendation of denial be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger, Nays - None. June 28, 1977 The Honorable Mayor and Members of the City Council. We have approved the following sidewalk Construction Bond and desire to have your approval for filing of same, G-K Corporation d/b/a Powers Con- struction Co" Aid Insurance Company, Bond No. BD 36728 effective 05-24-77. Gilbert D. Chavanelle City Manager Councilman Pregler moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. June28,1977 Honorable Mayor and City Council It is my understanding that the at- tached petition from Mrs. Darlene Gavin will be submitted to the City Council on July 5th. It was originally presented by the petitioner for the Council meeting of June 20th but was withdrawn with indication that it would be submitted at a later date. In explanation of this incident I have attached a copy of a letter received from Art Roth and records ofthe two animals involved, Gilbert D. Chavenelle City Manager. Councilman Pregler moved that the communication be received and filed, Seconded by Councilman Wertzberger. Carried by the following vote: yeas - Mayor Statkis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Yeas - Mayor Stackis, Councilmen Brady. Pregler. Wertzberger. Nays - Councilman Tully. Jnne 27,1977 Honorable Mayor and Councilmen The City of, Dubuque Planning and Zoning Commission has reviewed the petition of Mr. Ronald L. Hixon requesting the extension of an existing Light Industrial District to include property at 2512-14 Elm Street. The prnperty is presently within an R-3 Re- sidential District and is described as Lot I of the Sub of Lots 48 and 49 in Bellevue Addition; and Lot 72 in E. Langworthy's Addition of part of Mineral Lot 320. Mr. Hixon's petition was made on behalf of the Dubuque Rifle and Pistol Club. Inc. and was for purposes of establishing a shooting range on a part of that property. It was noted that all of the properties in the adjacent blocks contain re- sidential structures. The Commission determined that the introduction of a nonresidential use would be contrary to an otherwise stable pattern of residen- tial use in the area. The Commission also noted the petitioner's report that he had been unable to obtain consistent support for his proposal from adjacent property owners. Considering these factors. the City of Dubuque Planning and Zoning Com- misssion has voted unanimously that the petition be denied on grounds that the extension of the Light Industrial District is inappropriate in that area. We seek your approval of this recommendation, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Ronald Hixon spoke to the Council stating he was not given any other option, Councilman Tully moved that the recommendation of denial of the Planning and Zoning Commission be approved. Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregier. Tully, Wertzberger. Nays - None. June 28, 1977 Honorable Mayor and City Council On June 15. 1977. Miss Loretta Howard of 8236 W. Summerdale, Chicago, Illinois forwarded commun- ication to the City of Dubuque notifying that she had suffered a broken leg on 336 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 337 Zoning Cnmmission held a public hear- ing on the petition of C. P. Pfohl requesting expansion of an exisiting C-4 General Commercial District to include property at the corner of 19th Street and Washington Street as shown on the attached vicinity map. In order to ac- complish the expansion of an existing C-4 Commercial District, the Commis- sion found it necessary to inclnde two intervening properties located north of the Pfohl property and these are also shown npon the vicinity map. We have attached a proposed form of ordinance setting forth the legal descriptions of these properties. The petition had the support nf a representative of the Washington Neighborhood Council and there were no specific objections to the proposed reclassification, although there were persons present to voice their concern for future zoning policies in this vicinity. It was also noted that the Commission's original recommendation on the Wa- shington Street neighborhood petition of 1968 had proposed that business areas north of 18th Street should not have been reclassified to residential use because of commericlal concentration already present in the commercial con- centration already present in that area and becanse the removal of conforming usestatns of those businesses could have been more damaging to the area than their continuance. The Supreme Court decision of 1969 had npheld the view for most business properties north of 18th Street bnt had omitted the Pfohl property, as its owners were not plain- tiffs in the appeal. In view of. these considerations, the Planning and Zoning Commission has recommended yonr approval of the proposed reclassification. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Conncilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-None. AN ORDINANCE amending and Changing Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa", so as to reclassify" Loti ofLot5 of Mineral Lot 100; Lot 2 of Lot 5 of Mineral Lot Solicitor for investigation and report Seconded by Councilman Pregler, Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Don Arthofer, in the amount of $150" for car damagesin- curred as the result of driving into recess in the pavement at 2600 Windsor Ave, on June 2, 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays - None. Notice of Claim of M. J, Martin, in various estimated amounts, for car damage incurred as the result of being struck by a city sanitation truck on June 15. 1977, while parked at 2267 W, Third St, presented and read, Councilman Wertzberger moved thatthe Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stack is, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of U.S. Disrtrict Court, as a summons to the City as a third party defendant, by Chicago and Northwes- tern Transportation Co. in the railroad crossing accident case of Agnes and Robert Wagner who sustained person- al injuries. presented and read. Council- man Wertzberger moved that the No- tice be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays-None. Notice of Claim of Peter B. Hermes. in an undetermined amount, for personal injuries received in a fall on a defective sidewalk on Burden Avenue on May 23. 1977. presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays - None. March 23. 1977 as the result of a fall from a curb in this city. This matter was referred to the City Attorney for handling, who has made an investigation thereof and finds no negligible liability on the part of the City and In view thereof. recommends that said claim be denied, Original better is returned herewith. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of denial be ap- proved. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stack is, Councilmen Brady. Pregler, Tully, Wertzberger. Nays - None.. Notice of Claim of John Leytem, in the amount of $50" for destruction of a portion of fence hit by a police car on June 5, 1977, presented and read. Coun- cilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Wayne V. Hamil- ton, in an estimated amount of $60., for car damage incurred as the result of driving over raised manhole cover in Judson Street on June 21.1977, present- ed arid read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report Seconded by Coun- cilman Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Notice of Claim of Dale S. Newton. in an undertermined amount. for bodily injuries sustained while being incarcer- ated by the local police on May 25.1977. presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Notice of Claim of Mrs. Richard Jasper. in behalf of Donald Jasper a minor, for personal injuries received by said minor as the result of falling into hot blacktop at 716 E. 22nd St. on June 14. 1977, presented and read. Council- man Wertzberger moved that the No- tice of Claim be referred to the City June 27. 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and .--- of 100; Lot 6 of Mineral Lot 100; and the South 25 feet of Lot 7 of Mineral Lot 100 all in the City of Dubnque, Iowa" from OR-I Office-Residential District Clas- sification to C-4 General Commercial District Classification, presented and read. Councilman Pregler moved that the reading jnst had be considered the first reading of the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays-None, Conncilman Pregler moved that the rule reqniring 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 Tnlly. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that a pnblic hearing be held on the Ordinance on August I, 1977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instrncted to publish notice of the hearing in the manner required by law. Seocnded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Conncilmen Brady, Pregler, Tnlly, Wertzberger. Nays-None. Verbal petition of Councilman Brady requesting to remove stop signs at Kerper and 16th Streets, to make Kerper Blvd. a thru street, was presented, After discussion, Councilman Brady moved that the petition be referred to the City Solicitor. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Tnlly, Wertzberger, Nays - None. Petition of American Diabetes Assn. Issn. Inc. reqnesting permission to con- duct a Bike-A-Thon on September 25, 1977, presented and read. Councilman Pregler moved that the petition be ap- proved subject to final approval of the City Manager. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Yeas Nays-None. Petition of William P. Meyers requesting vacation of the Southerly 150' of Ruth Street located west of Broadway and Southerly off King Street, presented and read. Councilman 338 Adjourned Regular Session, July 5, 1977 Pregler moved that the petition be referred to the City Manager. Seconded by Conncilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Dubuque Bicycle Club requesting permission to sponsor a bicycle race on September 5, 1977, on streets adjoining Kerper Blvd" present- ed and read. Councilman Pregler moved that the petition be approved subject to final approval of the Manager. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of James C. Hynes et al (54 signers) requesting the posting of a five-tone gross weight limit on Kelly Lane to cnrtail the heavy truck traffic, presented and read. Attorney Joseph Zwack and James Hynes spoke to Council relative to peti- tion. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Wertzberger. Carried by the following vote: . Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None. Petition of Ryan's Car Wash reqnest- ing a refund of $18.75 on unexpired portion of Class "C" Beer Permii, discontinued business on June 15, 1977, presented and read. Councilman Pre- gler moved thot the refund be granted and City Auditor directed to Issne proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for Construc- tion of City of Dubuqne 1977 Asphalt Paving Project No.1, presented and read. Conncilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Statement of City Clerk certifying that notices of hearing were mailed by certified mail on June 13, 1977, to property owners of record subject to assessment to pay for construction of Asphalt Paving Project No.1, presented and read. Councilman Tully moved that the statement be received and filed. Seconded by Councilman Pregler,Car- ried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Alva Coffman ob- jecting to assessment of Lowell Street due to lack of access, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays - None. Commnnication of Mt. Calvary Cemetery Ass'n. requesting delay of plans to resurface Davis Ave. nntil it can be widened and further due to possible heavy traffic at this particular time, presented and read. Conncilman Tully moved that the communication be receiyed and filed. Seconded by Conn- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Joe Helling et al residents of Lowell Street being in favor of paving program, presented and read. Council- man Tnlly moved that the petition be received and filed, Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Petition of Allen and Kathleen Scheckel objecting to the paving of Davis Avenue, presented and read. Conncilman Tully moved that the peti- tion be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Eloise V. Lundin et al ob- , jecting to the resnrfacing of Cherokee Drive, presented ançi read. ,councilman Tully moved that th'e petition be received and filed. Seconded by Conn- cilman Pregler. Carried by the following vote: Yeas - MaY2r Staçkis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Gene Sands objecting to the paving ofUniversity Ave., presented and read. Conncilman Wertzberger moved that the petition be received..,d filed. Seconded by Councilman Pregler. Adjourned Regular Session, July 5, 1977 339 Carried by the following vote: Yeas - Mayor Stackis. Councilmen Beady. Pregler. Tully. Wertzbe,ger. Nays - None. Petition of Merlin J. and Rose M, Pfeiler objecting to thc paving of Davis Ave" presented and read. Councilman Wertzberger moved that the petition be received and filed, Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Joel R. and Mary J, Glen- non objecting to the paving of Davis Ave.. presented and read. Councilman Wertzherger mnved that the petition be received and filed, Seconded by Coun- cilman Pregler, Carried by the following vote: Yeas - Mayor Stack is. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Petition of Ruth Adele Wodrich ob- jecting to the paving of Wilbur Street presented and read. Councilman Wertzberger moved that the petition be received and filed. Seconded by Coun- cilman Pregler, Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None, Petition of Thomas J, and Ruth E, O'Malley, by Attorney Donald Breit- bach. objecting to the paving of Wilbur Street. presented and read. Councilman Wertzberger moved that the petition be received and filed, Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stack is. Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. Petition of James Weber. not object- ing to the surfacing. however objecting to taking 4' from the south side of University Ave. for total widening. pre- sented and read. Councilman Wertz- berger moved that the petition be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays - None. Joe Vandermillen and Dick Eddy voiced objections to paving of Cherokee Drive. Councilman Pregler moved that Cherokee Drive from the S.P.L. of Ma- rion Street to the south end of the street to be retained in the 1977 Asphalt Pav- ing Project No, 1 Program. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stack is, Councilmen Brady. Pregler. Tully, Wertzberger, Nays-None, Co'uncilman Pregler moved that Davis Avenue from the W,P,L. of Lot 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2-3 Balance 3 of St. Francis Subdivision be removed from the 1977 Asphalt Paving Project No. I Program, Seconded by Councilman Tully, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Beady, Pregler. Tully. Wertzberger. Nays - Non~, James Schwarz. property owner on Klingenberg Terrace objected to paving of Lowell Street due to no access to Lowell Street. Councilman Wertzberger moved that Lowell Street from the E,P,L. of Foye Street to the W,P,L. of N, Main Street be retained in the 1977 Asphalt Paving Project No. I Program. Seconded by Mayor Stackis. Carried by the following vote, Yeas - Mayor Stack is. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Gene Sands of Pennsylvania Ave, and James Weber nf University Ave.. voiced objections to the paving of University Ave. Mayor Stackis moved that University Avenue from the E.P,L. of Gilliam Street to the W.P,L. of Lot t22 in Finley. Waples and Burton's Addition be retained in the 1977 Asphalt Paving Pmject No. I Program. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stack is. Councilmen Brady. Pregler, Tully, Wertzberger, Nays - None. Attorney Donald Breitbacb repre- senting Mr. and Mrs, O'Malley voiced objections to paving of Wilbur Street stating no access to Street: No special benefits conferred, Ruth Wodrich ob- jected to the paving of Wilbur Street. Mayor Stackis moved to retain Wil- bur Street from E.P.L. of Spruce Street to the E.P.L. of Grove Terrace in the 1977 Asphalt Paving Project No.1 Pro- gram. Seconded by Councilman Brady, Carried by the following vote: Yeas - Mayor Stack is. Councilmen Beady. Pregler. Tully, Wertz berger, Nays - None. Councilman Tully moved that each and all objections to the 1977 Street Program be overruled. Seconded by Councilman Wertz berger, Carried by the following vote: Yeas - Mayor Stackis, Councilman of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street, 3. Eagle Point Park Roadway from the "Log Cabin" to the "Tri-State View". 4, Lowell Street from the E.P,L. of Foye Street to the W,P.L. of N. Main, 5. South Locust Street from the S.P.L of Railroad Avenue to the S.P,L. of Dodge Street, 6. Roosevelt Road from the N.P.L. of Lot6 ofPeils Subdivision to the N,P.L. of Lot 2-2-25 of Mineral Lot 307 A. 7, University Avenue from the E,P,L. of Gilliam Street to the W.P.L. of Lot 122 in Finley. Waples and Burton's Addition. 8, Wilbur Street from the E.P,L. of Spruce Street to the E.P,L. of Grove Terrace. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the Cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law. property will be as- sessed whether the same abuts thereon on is adjacent thereto according to area and to in proportion to the special ben- efits conferred thereby. and any deficency shall be paid out of the Road Use Tax Fund. Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was introduced, approved and ordered placed on file 340 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 341 Brady, Pregler, Tully, Wertzberger. Nays-None. Resolution No. 245-77 RESOLUTION amending Resolution No. 198-77 BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque. Iowa: Section 1. That Resolution No. 198-77 being the Resolution of Necessity for the City of Dubuque 1977 Asphalt Pav- ing Project No. I. be and the same is hereby amended by deleting the follow- ing portions of the following named streets therefrom: Davis Avenue from the W.P.L. nf Lot 1-1-2 ofRicheson Davis Avenue Place to the W.P.L. of Lot 2-3 Balance 3 of St, Francis Snb. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution, Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger, Nays - None. (NecessIty for Improvement) RESOLUTION NO. 198-77 WHEREAS, proposed plans, specifications, form of contract. plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following I. The assessment limits, if any 2, The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed ~gainst each lot, for the CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO.1 I. Carter Road from the west curb line with the City Clerk this 6th day of Jnne. 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended. by the City Council this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr, Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved final adop- tion of the resolution as Amended, Seconded by Councilman Pregler, Car- ried by the following vote: Yeas - Mayor Stack is. Councilmen Brady. Pregler, Tully. Wertzberger. Nays - None. RESOLUTION NO. 246-77 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1977 ASPHALT PAVING PJECT NO.1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2, Cherokee Drive from the S,P,L. of Marion Street to the south end of the street. 3. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View" 4. Lowell Street from the E.P,L. of Foye Street to the W.P.L. of N. Main. 5, South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 6. Roosevelt Road from the N,P,L. of Lot6 ofPeils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307 A. 7. University Avenue from the E.P.L. of Gilliam Street to the W.P,L. of Lot 122 in Finley, Waples and Burton's Addition. 8. Wilbur Street from the E,P.L. of Spruce Street to the E.P.L. of Grove Terrace. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384.96 of the Code of Iowa, 1977, pertaining to public contacts and bonds. and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of July, 1977: and WHEREAS, the City Council met in regular session this 5th day of July, 1977. at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overuled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed. adopted and approved this 5th day of July. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None, (Ordering Construction) RESOLUTION NO. 247-71 BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Dubuque that pursuant to a resolntion of neces- sity No. 198-77 which was duly passed by this Council. for the CITY OF DUBUQUE 1977 ASPHALT PAVING PROJECT NO.1 I, Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S,P.L. of Marion Street to the south end of the street, 3. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 342 Adjourned Regular Session, July 5, 1977 4. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 5. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 6. Roosevelt Road from the N.P.L. of Lot6 ofpeils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307 A. 7. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 8. Wilbur Street from the E.P,L. of Spruce Street to the E.P.L. of Grove Terrace. be and the same are hereby ordered and constrncted by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provements be paid by levying special assessments against the privately owned property lying within the asses- sable distance from the improvements, whether such property abut upon the same or are adjacent thereto. according to the area thereof and in proportion to the special benefits conferred. and any deficiency will be paid out of Road Use Tax Fund. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in an- ticipation of deferred payments of as- sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED THAT the City Clerk be and he is hereby or- dered anddirectedto advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution, Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Necessity for construction of Pedestrian Curb Ramps. presented and read. No written objections were filed and no oral objectors were present in the Cnuncil Chamber at the time set for the hearing. Conncilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Sta,kis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Necessity for Improvement) RESOLUTION NO. 232.77 WHEREAS, proposed plans, specifications. and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (I) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of Pedestrain Cnrb Ramps. BE IT THEREFORÉ RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk. objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement shall be paid out of the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June. 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the Adjourned Regular Session, July 5, 1977 343 ~~---~. '-" - .,...'".._.~ ~ ...,» "~'.' City Council this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Conncilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Resolution, Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stack is, Councilmen Brady. Pregler, Tully. Wertzberger, Nays - None, Decision of Council upon objections to plans, specificallons, form of contract and cost of improvements RESOLUTION NO. 248-77 WHEREAS, proposed pians and specifications and form of contract for the construction of Pedestrian Curb Ramps have been approved by the City Council of the City of Dubuque and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 5th day of July. 1977; and WHEREAS. the City Council met in adjourned regular session this 5th day of July, 1977. at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered: now. therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, that all objections which have been made and filed to the plans. specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specfications and form of contract heretofore approved are hereby adopted, BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed. adopted and approved this 5th day of July, 1977, Emil Stackis Mayor Thomas A. Tully Jr, Richard Wertzberger .lames E, Brady Walter A. Pregler Councilmen ATTEST: Leo F, Frommeit City Clerk Councilman Pregier moved adoption of the Resolution. Seconded by Mayor Stack is. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier. Tully. Wertz berger, Nays-None. Proof of Publication. certified tn by the Publisher, of Notice of Pendency of Resoiution of Necessity for construc- tion of City of Dubuque 1977 Curb Re- placement Project, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger, Nays-None, (Necessity for Improvement) RESOLUTION NO. 228-77 WHEREAS. proposed plans, specifications. form or contract. plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the follnwing: I. The streets to be improved. 2. The length of curb improvements. 3, An estimate of the cost of the proposed improvement. stating the same for each different type of con- struction and kind of material to be used, for the City of Dubuque 1977 Curb Replacement Project. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare tn make the herein men- tioned improvement. and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections they shall be deemed to have waived all objections thereto. Said improvements shall be con- 344 Adjourned Regular Session, July 5, 1977 structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the Cost and expense of making said improvement will be paid out of the Community Development Fund, The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved final adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vnte: Yeas - Mayor Stackis. Councilmen Brady. Pregler. Tully, Wertzberger. Nays - None. ' DecisIon 01 Council upon objections to plans, specifications, form of contract and cost of Improvements RESOLUTION NO. 249-77 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1977 Curb Re- placement Project have been approved by the City Council of the City of Dubuqne and the time and place fixed for the hearing of all objections to said plans. specifications or contract for or cost of such improvements, said time being this 5th day of July, 1977; and WHEREAS, the City Council met in adjourned regular ssession this 5th day of Jnly, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans. specifications or con- tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered: now. therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of per- manent record in connections with said improvement. Passed, adopted and approved this 5th day of July, 1977, EmilStackis Mayor Thomas A. Tnlly Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seocnded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilman Brady, Pregler, Tully, Wertzberger. Nays - None, Proof of Publication. certified to by the Publisher, of Notice to contractors for the construction of Alta Vista Curb and Gutter Replacement Project from Kirkwood Street to Vernon Street. pre- sented and read. Councilman Wertz- berger moved that the proof of publica- tion be received and filed, Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June 28. 1977 To the Honorable Mayor and City Council . Pursuant to your instructions. sealed proposals were received until 10000 a.m" D.S.T., Tuesday. June 28, 1977 for the Alta Vista Street Curb and Gutter Re- placement Project from Kirkwood Street to Vernon Street. The lowest bid was entered by Patrick T. O'Dowd Construction Company of Dubuque, Iowa. His bid was for $11.517.70 which is 11.9% under the engineer's estimate. 1 recommend that the contract be Adjourned Regular Session, July 5, 1977 345 awarded to Patrick T. O'Dowd Con- struction Company, Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and recommendation be approved, Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger, Nays-None. (Awarding Contract) RESOLUTION NO. 250-77 WHEREAS, sealed proposals have been submitted by contractors for the Alta Vista Street Curb and Gutter Re- placement Project from Kirkwood Street to Vernon Street pursuant to Resolution No. 193-77 and to notice to bidders published in a newspaper pub- lished in said City on June 6.1977; and WHEREAS. said sealed proposals were opened and read on June 28, 1977, and it has been determined that the bid of Patrick T. O'Dowd Construction Company of Dubuque, Iowa in the amount of$I1.517,70 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifica- tions: now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Patrick T. O'Dowd Construction Company and the Manager be and be is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED. that upon the signing of said contract and the approval of the contmctors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 5th day of July, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution, Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger, Nays - None. July I. 1977 Honorable Mayor and City Council In accordance with my letter of June 8. 1977. the enclosed resolution for ap- proval of the City of Dubuque. 1976/77 fiscal year audit is submitted for your approval G.D, Chavenelle City Manager Conncilman Wertzberger moved that the communication be received and filed and approved. Seconded by Conn- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None, -, RESOLUTION NO. 251.77 A Resolution for Approval of the City of Dubuque, Iowa Financial Audif for the FIscal Year Beginning July 1, 1976 through June 30,1977. WHEREAS. Chapter II. Section 11.18. 1977 Code of Iowa provides that the financial condition and transactions of all cities and city officials shall be examined at least once per year: WHEREAS, examinations may be made by the Auditor of the State, or in lieu thereof, the local governing body may employ certified public accoun- tants. registered in the State of Iowa; and so notify the Auditor of State within sixty days after the close of the fiscal year to be examined: NOW THEREFORE, BE IT RE- SOLVED that the Certified Public Ac- counting Firm of O'Connor. Brooks and Company of Dubuque, Iowa. be en- gaged to audit the financial condition and transactions of the Water Utility. Parking and Sewage Facilities. for the fiscal period beginning July I. t976 through June 30, 1977: BE IT FURTHER RESOLVED that the Auditor of State be requested to examine the financial condition and transactions for all other city funds and official transactions, including audits for Federal Revenue Sharing and Federal Anti Fiscal Assistance Funds, for the fiscal period beginning July I, 1976 through June 30. 1977. Passed. adopted and approved this 5th day of July. 1977. Emil Stackis Mayor Thomas A. Tully Jr, Ricbard Wertzberger James E, Brady Walter A. Pregler Councilmen WHEREAS in order to expand and improve said system of public motor vehicle parking facilities Parking Facilities Revenue Bonds of said City were heretofore issued under date of June I, 1964. of which bonds in the amount of $900.000 are now outstand- ing. numbered 71 to 250, inclusive, bearing various rates of interest and maturing serially on January I of each of the respective years 1978 to 1994, inclusive, and Parking Facilities Reven- ue Bonds, 1968 Series, of said City were heretofore issued under date of January I, 1969. of which bonds in the amount of $515.000 are now outstanding, num- bered 18 to 120, inclusive. bearing inter- est at the rate of Five per cent (5%) per annum. and maturing serially on Jan- uary I of each of the respective years 1978 to 1996. inclusive. and in and by the proceedings authorizing the issuance of said outstanding bonds. and as recited on the face of each of said bonds. the right was reserved to the City to from time to time authorize and issue addi- tional parking facilities revenue bonds ranking on parity with the bonds ther- ein authorized under certain conditions and restrictions; and WHEREAS there are no other bonds or obligations now outstanding which are payable from or constitute a lien upon the net revenues of said parking system and the conditions and restric- tions with respect to the issuance of additional bonds ranking on a parity with said outstanding bonds as set forth in the proceedings authorizing their issuance can now be met so that the bonds hereinafter authorized to be is- sued may rank on a parity therewith: and WHEREAS the location and physical characteristics of the business area. together with the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sections of said City, thus preventing the free circulation of traffic in. through and from said City, impeding the rapid and effective han- dling of fires and operation of police forces and endangering the health. safety and welfare of the general public; and WHEREAS it has been heretofore found and determined that public con- venience and necessity will be served by adding to, extending and improving said system of puhlic motor vehicle parking facilities as contemplated and recommended by reports prepared by De Leuw, Cather and Company, Con- sulting Engineers, now on file with the 346 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 347 ATTEST: Leo F, Frommelt City Clerk Councilman Wertzherger moved adoption of the Resolution, Seconded by Councilman Tully, Carried by the fol- lowing vote, Yeas - Mayor Stack is, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None, Communication of P'lanning and Zoning Commission submitting proposed plat of Lots I and 2 of Lot 2 of Lot 2 of 2 of Asbury Springs Sub. No. I. allowing for a lot split and A RESOLU- TION Approving the plat of Lot I and Lot20f2 of2 of2 of Asbury Springs No. I subject to owner agreeing to a special agreement. presented and read. Coun- cilman Wertzberger moved that the communication and resolution be referred to the City Solicitor. Seconded by Councilman Brady. Carried by the following vote' Yeas - Mayor Stack is. Councilmen Brady. Pregler. Tully, Wertzbergec. Nays - None. Proof of Publication. certified to by the Publisher. of Notice of meeting for issuance of parking facilities revenue bonds 1977 Series. presented and read, No written objections were filed and no oral objectors were presented in Coun- cil Chamber at the time set for the hearing. Mayor Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. RESOLUTION NO. 252-77 A Resolution anthorizing and provid- ing for the issuance and securIng the payment of $850,000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Dubuque, Iowa, under the provisIons of Sec- tions 384.80 et seq. of the Code of Iowa, as amended, lor the purpose of defraying the cost 01 acquiring additional off-street motor vehicle parking facilities in and lor said City. WHEREAS the City of Dubuque. in Dubuque County, Iowa. has heretofore established a system of public motor vehicle parking facilitieS in said City consisting of both on-street parking meters and off -street parking facilities and has established regulations for the use and operation thereof in order to properly regulate and control traffic upon the congested streets within said City: and City Clerk, and consisting of con- structing an addition to the Iowa Street Parking Ramp in the business district of the City to accomo- date more cars; and WHEREAS traffic conditions upon the streèts of said City are such as to necessitate and require for the public benefit, safety and convenience of said City and its inhabitants that said ramp addition be constructed, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said City be alleviated and properly controlled; and WHEREAS the system of public mo- tor vehicle parking facilities of said City constitutes a "City enterprise" within the meaning of Sections 384.24 and 384,80 et seq. of the Code of Iowa, 1975. as amended, and the extension and im- provement of said system through the construction of the addition to the Iowa Street Parking Ramp constitutes a "Project" within the meaning of Sec- tions 384.80 et seq. of the Code of Iowa, 1975. as amended, which may be fin- anced throngh the issuance of revenue bonds payable from the net revenues of said parking system: and WHEREAS the cost of constructing said additional off-street public motor vehiclè parking facilities has been es- timated to be $1,800,000, of which $950,000 is to be paid from cash on hand, including federal revenue sharing funds. and as authorized under the provisions of Sections 384.80 et seq. of the Code of Iowa, 1975, as amended, it is necessary that revenue bonds of said City be is- sued in the amonnt of $850.000 to pay the balance of the cost of such addi- tional facilities; and WHEREAS a notice of the intention of this City Council to take action for the issuance of $850,000 Parking Facili- ties Revenue Bonds. 1977 Series, of said City has heretofore been duly published and no oral or written objections of any kind have been filed or made to the issuance of said bonds and no one ap- peared responsive to said notice to make objection of such action: and WHEREAS it is the desire and intent that provision be made in and by this resolution for the issuance of such ad- ditional revenue bonds for the purpose aforesaid, such bonds to rank on a pari- ty with the presently outstanding bonds, and to set forth herein the terrns and conditions upon which said addi- tional revenue bonds and any other revenue bonds ranking on a parity therewith are to be and may be issued and outstanding, to set forth the con- venants and nndertakings of the City with respect to the operation and main- tenance of the said system of public motor vehicle parking facilities and to restrict the rights of the holders of said revenue bonds from time to time out- standing in the source of payment of the interest on and principal of said revenue bonds and in the enforcement thereof; NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, as follows: Section 1. That for the purpose of defraying the cost of constructing addi- tional public motor vehicle parking facilities in and for the City of Dubuque, Iowa, as referred to in the preamble hereof, therebe and there are hereby authorized to be issued the negotiable interest bearing revenue bonds of said City of Dubuque. in the principal amount of $850,000, each of which shall be known and designated as a "Parking Facilities Revenue Bond, 1977 Series," bearing date of July I, 1977. numbered I to 170, inclusive of the denomination of $5000 each, The bonds of said issue shall bear interest at the rate of seven per cent (7%) per annum or at such lower rate or rates as may be determined at the time of the public sale of said bonds, snch interest to be payable January 1. 1978. and semiannually thereafter on the first days of July and January in each year. Said bonds shall mature in numerical order on January 1 of the respective years as follows: Ve" Amo"", v,", Amo""' 1979 130,000 1987 150,000 1980 ",,000 1988 50,000 10'1 35,000 1989 ".000 1982 40,000 1990 70.000 1983 45,000 1991 70.000 1984 45,000 1992 75,000 1985 45,000 1993 75.000 1986 50,000 1994 75,000 provided. however, that bonds num- bered 86 to 170. inclusive. shall be redeemable by said City prior to matur- ity in whole, or from time to time in part in inverse order of maturity (less than all of one maturity to be selected by lot). on any interest payment date on or after January I. 1988, upon terms of par and accrued interest plus a premium of Four percent (4%) of the principal amount of any such bonds called for redemption on January I. 1988. and if called for redemption thereafter, the amount of such premium tn be so paid shall be rednced at the rate of 'h of one percent of the principal amount for each full year that the redemption date is sub- sequent to January I, 1988. In the event any of said bonds are called for redemption prior to maturity as afore- presently outstanding bonds referred to in the preamble hereof and such addi- tional bonds as may be hereafter issued ranking on a parity therewith, shall be payable, both as to principal and inter- est, solely and only from the future net revenues of said improved system of public motor vehicle parking facilities pledged therefor as hereinafter provided. Section 2. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE PARKING FACILITIES REVENUE BOND 1977 SERIES Number $5,000 KNOW ALL MEN BY THESE PRE- SENTS: That the City of Dubuque. in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer. or if this bond be regis- tered as hereinafter provided then to the registered holder hereof, solely from the source hereinafter specified. the sum of Five Thousand Dollars ($5,000) on the first day of January. 19 ..., and to pay interest on said sum from the date her- eofat the rate of .".."..........percent (,...%) per annum. payable January I. 1978, and Seminannually thereafter on the first days of July and January in each year until said principal sum is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be and become applicable hereto. all such interest as may accrue on and prior to the maturity of this bond to be paid only upon presentation and surrender of the interest coupons hereto attached as they severally become due: both principal and interest being paya- ble in lawful money of the United States of America at the office of the City Treasurer in and of the City o!Dubuque. Iowa. or at the option of the holder hereof, at the. ...Bank in the City of 348 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 349 said notice of such redemption. iden- tifying the bond or bonds to be redeemed, shall be published at least once but not less than thirty (30) days prior to the redemption date in a finan- cial newspaper or journal published in the City of New York. All of such bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque,lowa, or, at the option of the holder, at a bank or trust com- pany located in the City of Des Moines, Iowa. or in the City of Chicago. Illinois. orin the City of New York. New York as may be mutually agreed upon between the original purchaser of the bonds and the City. or, if agreement is not reached hetween the City and the purchaser. at a bank or trust company to be named by the City having a combined capital and surplus of not less than $10.000,000 which has a trust department regularly engaged in the business of acting as paying agent for bonds and coupons, As permitted and provided for under the terms of the ordinance adopted by the City Council of the City of Dubuque. Iowa. on May 20, 1964. and as recited on the face of each of the outstanding Parking Facilities Revenue Bonds of said City dated June I, 1964. and as permitted and provided for under the terms of the ordinance adopted by the City Council of said City on December 2, 1968. and as recited on the face of each of the outstanding Parking Facilities Revenue Bonds. 1968 Series, of said City dated January 1. 1969, the Parking Fa- clilities Revenue Bonds, 1977 Series, hereby authorized shall rank on a parity with the presently outstanding bonds referred to in the preamble hereof and with any additional bonds as may her- eafter be issued and outstanding from time to time ranking on a parity therewith under the conditions and res- trictions hereinafter set forth. and all of said bonds shall be payable solely from the bond and interest redemption sink- ing fund hereinafter referred to and shall be a valid claim of the holder thereof only against said fund. and none of the bonds herein authorized to be issued. shall be a general obligation of said City nor payable in any manner by taxation. but the bonds herein author- ized to be issued. together with the revenue bond has been issued and addi- tional revenue bonds ranking on a pari- ty therewith may be issued and out- standing, a description of the source of payment of all such revenue bonds, tbe circumstances under which the provi- sions of the aforesaid resolution may be modified and a statement of the rights, duties and obligations of the City of Dubuque and the rights of the holders of the revenue bonds, reference is made to said resolution. This bond and the series of which it is a part are issued by said City pursuant to and in strict compliance with the provisions of Sections 384.80 et seq. of Chapter 384 of the Code of Iowa, 1975, and all other laws amendatory thereof and supplemental thereto. and in con- formity with a resolution of the City Council of said City duly and finally passed on the 5th day of July, 1977, as amended. For a more complete sta- tement of the basis upon which this This bond is one of a series of bonds of like tenor and date (except interest rate and maturity), nnmbered from I to 170, inclnsive, issued by said City for the purpose o¡"defiaying the cost of con- structing additional public motor vehI- cle parking facilities in and for said City. This bond and the series of which it forms a part are payable from the same source and rank on a parity with ont- standing Parking Facilities Revenue Bonds of said City dated June I, 1964, and outstanding Parking Facilities Revenue Bonds, 1968 Series, of said City datedJanuary 1,1969 andallofsaid bonds, together with any additional bonds as may be hereafter issued and outstand- ing from time to time ranking on a parity therewith under the conditions and restrictions set forth in the resolu- tion authorizing said series as referred to in the preceding paragraph, are payable as to both principal and interest solely and only out of future net reven- nes of the system of public motor vehi- cle parking facilities of said City, a sufficient portion of which has been ordered set aside and pledged for that purpose. This bond is not a general obligation of said City nor payable in any manner by taxation or from other fnnds. Said City covenants that it will fix such rates and charges for the ser- vices furnished by said parking system and will collect and account for income and revenues therefrom sufficient to promptly pay the principal of and inter- est on this bond and the series of which it is a part any any other bonds as may from time to time be outstanding rank- ing on a parity therewith as the same will become due, and to create and maintain a reasonable reserve therefor. The City of Dubuque reserves the right to call and redeem bonds of this issue nnmbered 86 to 170, inclusive, prior to matnrity in whole. or from time to time in part in inverse order of ma- turity (less than all of one maturity to be selected by lot) on any interest payment date on or after January I, 1988, upon terms of par and accrued interest plus a premium of four percent (4%) of the principal amount thereof if called for redemption on January I, 1988, and if called for redemption thereafter, the amount of such premium to be so paid shall be reduced at the rate of V, of one percent of the principal amount for each full year that the redemption date is subsequent to January I, 1988. In the event any of said bonds are called for redemption prior to maturity as afore- said, notice of such redemption, iden- tifying the bond or bonds to be redeemed, will be published at least nnce not less than thirty (30) days prior to the redemption date in a financial nswspaper or journal published in the City of New York. Such of said bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the City Treasurer. such registration being noted hereon by the City Treasurer. and after snch registration no transfer shall be valid unless made on said books and similarly noted on the bond, but it may be dis- charged from such registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The regis- tration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby Certified, Recited and Declared, that all acts, conditions and things reqnired to exist, happen and be performed precedent to and in the is- suance of this bond and the series of which it is a part, have existed, have happened and have been performed in due tim~, form and manner, as required by law, and that the issuance of this bond does not exceed or violate any constitutional or statntory limitation or provision. IN WITNESS WHEREOF, said City of Dubuque, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of the said City Clerk, which official by the execu- tion of this bond, does adopt as and for his own' proper signature his facsimile signature appearing on said coupons The issuance of the bonds herein authorized shall be duly recorded in the office of the City Treasurer of the City of Dubuque and, as reqnired by Section 384.83 of the Code of Iowa. 1975, as amended, a certificate of such recording shall be printed on the back nf each bond in the following form: 350 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 351 this first day of July, 1977. ATTEST: Mayor City Clerk (Form of Coupon) No. "",, .""", $ .."""". The Treasurer of the City - of Dubuque, Iowa, will pay to bearer out of the future net revenues of its system of public motor vehicle parking facilities "'""". Dollars ($"",,) on """'" 19""" at the office of the City Treasurer, Dubuque, Iowa, or, at the option of the holder hereof, at the """.". Bank, in the City of """"." .""""., as provided in and for interest then due on the Parking Facilities Revenue Bond. 1977 Series, of said City, dated Jnly I, 1977, No. City Clerk Name of Registered Owner "The issuance of this bond has been duly and properly recorded in my office as of the first day of July, 1977. The City Council of the City of Dubuque, Iowa, covenants and agrees with the purchasers and holders of the bonds herein authorized that the prin- cipal proceeds of the sale of said bonds shall be devoted to and used with due diligence for the completion of the facilities for which said bonds are her- eby authorized to be issued. The City Council represents and certifies that: (I) the said City has heretofore in- curred a substantial binding obligation with respect to said facilities; said bind- ing obligation comprising engineering fees and contracts for materials and for the construction of the parking facilities in the amount of not less than 2',1% of the estimated total cost of said facilities: (2) The City Council expects that over 85% of the spendable proceeds of said bonds (including investment proceeds) will be expended on or before July I, 1979, for the purpose of paying the cost of said facilities, said date being within three years following the date of is sue of said bonds; (3) work on the said facilities has proceeded and is expected to proceed with due diligence to completion; (4) said facilities have not been and are not expected to be sold or otherwise disposed of in whole or in part prior to the last maturity of said bonds: (5) all of the principal proceeds of the bonds are needed for the purpose stated in the form of bond above set out, in- cluding expenses incidental to such purpose and to the issnance of the bonds; and (6) to the best of the knowledge and belief of the City Conncil there are no facts, estimates or circnmstances that would materially change the conclu- sions and representations set out in this section. The City Council also certifies and further covenants with the purchasers and holders of said bonds from time to time outstanding that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in connection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any other sources, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 1O3(c) of the Internal Revenue Code of 1954. as amended, and any lawful regulations promulgated or proposed thereunder. including Sections 1.103-13 and 1.103-14 of the Income Tax Regulations (26 CFR Part I), as the same presently exist, or may from time to time hereafter be Treasnrer of the City of Dnbnque, Iowa," There shall also be printed on the back of each bond provision in the fol- lowing form for evidencing its registra- tion as to principal; Date of Registration Signature of City Treasurer Section 3. That said revenue bonds shall be registrable as to principal in accordance with the provisions for registration hereinabove provided, and the City Treasurer is hereby appointed and designated Registar for such purpose. No charge shall be made to any holder of said bonds for the privilege of registration or transfer thereof. Section 4. That said bonds shall be signed by the Mayor and attested by the City Clerk, with the seal of the City affixed, and the interest coupons at- tached thereto shall be executed by said City Cierk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signature his facsimile signature appearing on such coupons. When and as executed. said bonds shall be delivered to the City Treasnrer to be by him duly recorded as to issnance and said Treasurer shall sign the certificate hereinbefore set out in Section 2 and endorsed npon the back of each of said bnnds and deliver said bonds to the purchaser thereof upon payment of the purchase price, same to be not less than par and accrued interest. Section 5. The proceeds ofthe bonds hereby authorized, together with a suf- ficient amount of other available funds, shall be deposited in a Construction Fund, which is hereby ordered created, and shall be applied in paying the cost of constructing the additionai public mo- tor vehicle parking facilities as herein- before described and paying expenses incident thereto, provided, that all sums received as accrued interest in the is- suance and sale of the bonds shall be paid into the Parking Facilities Revenue Bonds Sinking Fund hereinafter referred to. Pending expenditure for said authorized purpose the balance of the proceeds of the bonds shall be deposited in a bank or banks and each such deposit, to the extent it causes the aggregate deposits by said City in any such bank to be in excess of the max- imum amount insured by the F.D.LD., shall be collaterally secured by direct obligations or guaranteed bonds of the United States of America having a mar- ket value equivalent to such deposit. Dishursements of said proceeds for the cost of construction work and materials shall be made on orders of the City Council only as and when approved by the engineer snpervising snch con- struction. Any balance of the proceeds of said bonds remaining after the com- pletion of the acquisition and construc- tion of said additional parking facilities shail be deposited in the Renewal and Improvement Fund. amended. supplemented or revised. The City Council reserves the right. how- ever, to make any investment of such moneys permitted by state law if, when and to the extent that said Section 1O3(c) or regulations promulgated ther- eunder shall be repealed or re- laxed or shall be held void by final decision of a court of competent juris- diction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters. result in making the in- terest on said bonds subject to federal income taxation. Section 6. That npon the issuance of the bnnds hereby authorized and ther- eafter so long an any of said bonds or an~ additional bonds ranking on a pari- ty therewith are outstanding the system of public motor vehicle parking facilities of said City, together will all future extensions and additions thereto. and consisting of both on-street parking meters and off-street parking facilities shall contin ne to be operated as a revenue producing undertaking. The rates charged by said City for the use of and services furnished by said parking system shall be such reasonable rates as will be sufficient to pay for the operation and maintenance thereof and to maintain the parking Facilities Revenue Bonds Sinking Fund and the Bond Reserve Fund in the amounts as hereinafter provided. Section 7. That the provisions, covenants, undertakings and stipula- tions for the operation of the system of public motor vehicle parking facilities of said City and for the collection, applica- tion and use of the revenues and income from such operation, as set forth in the ordinance adopted by the City Council of said City on May 20. 1964. and pur- suant to which the outstanding Parking Facilities Revenue Bonds of said City dated Jnne I, 1964, were issued and as set forth in the ordinance adopted by the City Council of said City on December 2, 1968, and pursuant to which the outstanding Parking Facili- ties Revenue Bonds, 1968 Series, of said City dated January I, 1969, were issned shall inure and appertain to the bonds hereby authorized to the same extent and with like force and effect as if herein set nnt in full. except only insofar as same may be inconsistent with the re- solution. From and after the issuance of the bonds hereby authorized the income and revenues from the off-street park- ing facilities of said system. including - rentals from the lease of any property 352 Adjourned Regular Sessjon, July 5, 1977 Adjourned Regular Session, July 5, 1977 353 constituting a part of the system or air rights over any part of the system, shall be set aside into a separate and special fund and shall be used and disbursed by the City Conncil to the extent necessary each month in maintaining and operat- ing said off-street parking facilities, and the balance thereof shall be classified as "net off-street parking revenues" and are hereinafter referred to as such. In like manner from and after the issuance of said bonds the income and revenues from the on-street parking facilities of said system shall be set aside into a separate and special fund and shall be nsed and disbursed by the City Council to the extent necessary each month in maintaining and operating said on- street parking facilities and necessary traffic control expenses and may also be so used and disbursed, to the extent that funds are not available from other sources, for the purchase of additional on-street parking meters and facilities; provided, that the aggregate of all such operation, maintenance and traffic con- trol expenses and cost of additional on-street parking meters and facilities shall not in anyone month exceed twenty-five per cent of the income and revenues from such on-street parking facilities of said system during that month, and the balance of said income and revenues from the on-street parking facilities shall be classified as "net on- street parking revenues" and are her- einafterreferred to as such. The provisions heretofore made for the creation and maintenance of a "Parking Facilities Revenue Bonds Sinking Fund" (hereinafter sometimes referred to as the "Sinking Fund"), and for the monthly payment into said fund from the aggregate of the net off-street parking revenues and the no. on-street parking revenues of such portion ther- eof as will be sufficient to pay the inter- est upon and principal of the outstand- ing Parking Facilities Revenue Bonds and the outstanding Parking Facilities Revenue Bonds, 1968 Series, are all her- eby ratified and confirmed, and all snch provisions shall insure and constitute the security for the payment of the interest on and the principal of the Parking Facilities Revenue Bonds, 1977 Series, hereby authorized as may frnm time to time be outstanding; provided, however, that the amounts to be an- nually set aside and paid into said "Parking Facilities Revenue Bonds Sinking Fund" in equal monthly install- ments shall be sufficient to pay the interest and principal due in each year. not only of the bonds issued and out- standing nnder the provisions of said ordinance adopted on May 20, 1964, and said ordinance adopted December 2, 1968, but also the interest on and prin- cipal of the Parking Facilities Revenue Bonds, 1977 Series, issued pursuant to this resolution and from time to time outstanding, In addition to the payments required to be made into said "Parking Facilities Revenue Bonds Sinking Fund" under the provisions of Section 6 of said ordinance adopted May 20, 1964, and under the provisions of Section 7 of siad ordinance adopted December 2. 1968, and in order to pay maturing installments of principal of and interest on said Parking Facilities Revenue Bonds, 1977 Series, it is hereby determined that additional payments shall be made each month into said "Parking Facilities Revenue Bonds Sinking Fund" from the aggregate of the net off-street parking revenues and the net on-street parking revenues and that the minimum amount to be so set aside into said Sinking Fund during the periods of twelve months preceding January I of each year for said addi- tional bonds shall be not less than as follows: A sum equal to one-tenth (1/IOth)oftheprincipal of all bonds maturing on the January I next succeding plus a sum equal to one-fifth (1/5th) of the interest becoming due on the next succed- ing interest payment date on all of then ontstanding bonds issned pur- suant to this resolution and bonds ranking on a parity therewith until there has been accumulated in such fund an amount equal to the full amount of the next succeeding principal payment and interest payment on said then outstanding bonds maturing in such year; provided, however, that no fnrther payments need be made into said Sinking Fund whenever and so long as such amount of the bonds shall have been retired that the amonnt then held in such fund (including the Bond Reserve Fund hereinafter created) is sufficient to retire all such outstanding bonds and pay the entire amount of the interest that will have accrued at the time of such retirement. mitted and provided for in Section 17 hereof. provision shall be made for ad- ditional payments to be made each month into said "Parking Facilities Revenue Bonds Sinking Fund" from the aggregate of the net off-street parking revenues and the net on-street parking revenues sufficient to pay maturing installments of principal of and interest on said additional bonds. Such payments intn said Sinking Fund shall be made in monthly install- ments on the first day of each month. except that when the first day of any month shall be a Sunday or a legal holiday then such payments shall be made on the next succeeding secular day, In the event the balance of unallocat- ed net off-street parking revenues and net on-street parking revenues are in- adequate to make anyone or more required monthly payments into the Sinking Fund, the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received and the same shall be in addi- tion to payments otherwise provided to be made in such succeeding month or months, Said Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying principai of and interest on the outstanding Parking Facilities Revenue Bonds dated June I, 1964, the outstanding Parking Facilities Revenue Bonds, 1968 Series, dated Jan- uary 1, 1969, the bonds herein author- ized to be issued. and any additional bonds as may be hereafter issued and outstanding ranking on a parity therewith, Section 8. The provisions made in and ,by Section 7 of the ordinance adopted by the City Council of said City on May 20. 1964. and pursuant to which the outstanding Parking Facilities Reven- ueBondsofsaidCitywereissued,andin , Section 8 of the ordinance adopted by I the City Council of said City on December 2, 1968, and pursuant to which the outstanding Parking Facili- ties Revenue Bonds. t968 Series, of said City were issued, whereby there has been created and is to be maintained a "Bond Reserve Fund", are all hereby ratified and confirmed, and all such provisions shall insure and constitute the security for the payment of the interest on and principal of the Parking Facilities Revenne Bonds, 1977 Series, hereby authorized and bonds ranking on a parity therewith. $1250 shall con- tinue to be set apart and paid into said "Bond Reserve Fund" from the balance of the net off-street parking revenues an If and to whatever extend any addi- tional bonds àre hereafter issued by said City ranking on a parity with the out- standing bonds referred to in the preamble hereof and with the bonds herein authorized to be issued as per- and the net on-street parking revenues remaining after first making the required payments into the "Parking Facilities Revenue Bonds Sinking Fund" on the first day of each month in each year. All moneys credited to said Re- serve Fund shall be used for the payment of the principal of and interest on the outstanding Parking Facilities Revenue Bonds dated June 1, 1964, the outstanding Parking Facilities Revenne Bonds dated June I, 1964, the outstand- ing Parking Facilities Revenue Bonds 1968, Series, dated Jannary 1, 1969, the bonds authnrized to be issued under the terms of this resolution and bonds ranking on a parity therewith whenever for any reason the funds on deposit in the "Parking Facilities Revenue Bonds Sinking Fund" are insufficient to pay such principal and interest when due, and shall also be used to make up any deficiencies in the amonnts required to be set aside each month into said Sink- ing Fund; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of principal and interest falling due in any succeeding fiscal year for both principal of and interest on the outstanding Parking Facilities Revenue Bonds dated June I, 1964, the outstand- ing Parking Facilities Revenue Bonds, 1968 Series dated January 1, i969, the then outstanding bonds issued pursuant. to this resolution and bonds ranking on a parity therewith shall be used to pur- chase any of said bonds then outstand- ing at not exceeding the then next ap- plicable redemption price or shall be used to call and redeem such bonds as may be then subject to redemption prior to maturity. Section 9. The provisions made in and by Section 8 of the ordinance adopted by the City Council of said City on May 20, 1964, and pursuant to which the outstanding Parking Facilities Revenue Bonds of said City were issued. and in and by Section 9 of the ordinance adopted by the City Council of said City on December 2, 1968, and pursuant to which the outstanding Parking Facili- ties Revenue Bonds, 1968 Series. of said City were issued, whereby there has been created and is to be maintained a "Renewal and Improvement Fund" are all hereby ratified and confirmed..$2750, or such higher amount as the City Council may fix from time to time, shall continue to be set apart and paid into said "Renewal and Improvement Fund" from the balance of the net off-street parking revenues and net on-street parking revenues remaining after first eon, and there shall be charged such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that so long as any of the bonds hereby authorized remain outstanding it will keep proper books of record and account, separate from all other municipal records and accounts, showing complete and correct entries of all transactions relating to said public motor vehicle parking facilities system, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the City relating thereto. A separate accounting of the amount of income and revenues from on-street parking facilities and the off-street parking facilities. and also of the amount of operation and mainten- ance expenses for said facilities. respec- tively. shall be kept and maintained, Said City further agrees that it will within sixty days following the close of each fiscal year of the City cause an andit to be made of the books and ac- counts pertinent to the system"by an independent certified public accountant showing the receipts and disbursements of said system with the comments of the auditor concerning whether the books and accounts are being kept in com- pliance with this resolution and in ac- cordance with recognized accounting practices. All expenses incurred in making such audits shall be paid as an expense of operation and maintenance nf the system and a copy of each such audit shall be promptly mailed to the original purchasers from the City of the bonds hereby authorized and to any other bondholder that may have requested same in writing. Section 13. That said City hereby covenants and agrees with the holder or holders of the bonds herein authorized tn be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and laws of the State of Iowa, and this resolution. including the making and collecting of reasonable and sufficient rates for ser- vices afforded thereby, and will se- gregate the revenues and make ap- plication thereof, into the respective funds, as provided by this resolution. The City fnrther covenants and agrees with the holders of said bonds to main- tain in good condition and continuously and efficiently operate said off-street and on-street facilities and to charge and collect such rates and charges for 354 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 355 making the required payments into the Sinking Fund and the Bond Reserve Fund on the first day of each month of each year. All moneys credited to said Renewal and Improvement Fund shall be used only for those purposes specified in Section 8 of said ordinance adopted by the City Council of said City on May 20,1964. Section 10. The provisions made in and by Section 9 of the ordinance adopted by the City Council of said City on May 20.1964, and pursuant to which the outstanding Parking Facilities Revenue Bonds of said City were issued, whereby there has been created and is to be maintained a "Surplus Fund" are all hereby ratified and confirmed, and as provided in said ordinance there shall be set apart and paid into said "Surplns Fund" each year all of the net offstreet and net on-street parking revenues remaining after first making the required payments into the Sinking Fund, the Bond Reserve Fund and the Renewal and Improvement Fund. All moneys credited to said Surplus Fund shall be used only for the purposes specified in Section 9 of said ordinance adopted by the City Council of said City on May 20. 1964. Section 11. All moneys held in the several separate funds provided for under the terms of this resolntion shall continue tn be deposited in banks and all such deposits which cause the ag- gregate deposits of said City in anyone bank to be in excess of the maximum amount insured by the F.D,!.c. shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value, or may be invested in direct obligations of the United States Government having a maturity date or being subject to redemption at the op- tion of the holder not more than five years from the date of the investment therein. Section 12. While the bonds author- ized hereunder. or any of them, remain outstanding and unpaid the rates for all services rendered by said public motor vehicle parking facilities system shall be reasonable and just, taking into account and consideration the cost of maintain- ing and operating the same and one hundred fifty per cent of the amounts required annually for the retirement of the nutstanding Parking Facilities Revenue Bonds dated June I, 1964. the outstanding Parking Facilities Revenue Bonds, 1968 Series, the bonds herein authorized and bonds ranking nn a par- ity therewith, including interest ther- services rendered thereby so that the aggregate net revenues therefrom will be sufficient at all times to make the prescribed payments into the several special funds as bereinbefore provided, The City further covenants and agrees that so long as any of the bonds authorized to be issued under the terms of this resolution or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber said pnblic motor vehicle parking facilities until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof; provided, however, the City may dispose of any property constituting a part of the mnnicipal parking system which is found by re- soiution of the City Council to be no longer useful or profitable in the opera- tion of the system, but the proceeds of any such sale shall be credited to the Renewal and Improvement Fund as an additional cretdit thereto. Nothing con- tained in this resolution shall be con- strued to prevent the City from leasing to others or contracting with others for the operation of any of the facilities, constituting a part of the parking sys- tem. to the extent permitted by law. provided the net revenues derived from any such leases or contracts. in com- bination with all other net revenues of the system, are found by the City Council to be not less than those required to be paid into the various funds as herein before provided. Nothing contained in this resolution shall be construed to prevent the City from dis- posing by lease, or as may be permitted by law, of the air rights above any of the off-street parking facilities constituting a part of the system, provided that the revenues from any such lease shall be treated as a part of the income and revenues from the off-street parking facilities of the system and shall be used and applied as provided in this resolu- tion. but no snch lease may result in a reduction of the aggregate net revenues of the system below the amounts necessary to be paid into the various funds as hereinbefore provided. While the bonds authorized her- eunder, or any of them. remain out- standing and unpaid no free service shall be afforded by said public motor vehicle parking facilities system. provided, that the City Council may, by resolution. authorize the use of a desig- nated portion of the parking facilities without charge. provided: (I) that the Council must first affirmatively deter- mine that such use will not cause the aggregate net revennes then to be der- ived from the balance of the system to be less than 150% of the amounts required to be paid into the Parking Facilities Revenue Bonds Sinking Fund during the then next succeeding fiscal year, and (2) if the facilities to be oper- ated without charge produced over 15% of the gross revenues of the entire sys- tem in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a reputable, independent consulting engineer em- ployed for the purpose of examining the books and records pertinent to the sys- tem and of certifying to the amount of revenues which will be derived from the balance of the system, Any of the off- street parking facilities may be with- drawn from use at any time for the purpose of erecting multiple level park- ing structures. garages or other parking facilities thereon which are to be incor- porated in and made a part of the public motor vehicle parking facilities system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the remainder of the system. together with interest during the construction of the additional structure will be not less than those required to be paid into the sever- al separate funds as hereinbefore provided during the period of constructions. Said City agrees that it will take no action in relation to its public motor vehicle parking facilities which would unfavorably effect the security of the bonds herein authorized or bonds rank- ing on a parity therewith or the prompt payment of the principal thereof and interest thereon, but nothing in this resolution contained shall be construed to prohihit appropriate changes in the loa cation of on-street parking facilities made necessary by street widening. al- terations or closings, nor prohibit sub- stitution or changes in the location of on,street parking meters in order to provide essential and necessary traffic regulation and control. Section 14. Said City hereby coven- ants and agrees so long as any bonds hereby authorized are outstanding to regularly retain from time to time and at least once every three years the services of some engineer or firm of engineers of specialized reputation in the man- agement and operation of motor vehicle parking facilities (hereinafter some- 356 Adjourned Regular Session, July 5, 1977 times referred to as the "consulting engineer"), for the purpose of consul- tation and cooperation in connection with the operation and maintenance of its public motor vehicle parking facili- ties system and the establishment as well as any subsequent revision of the schedule of charges for the services and facilities to be thereby afforded, An annual budget of expenses of operation and maintenance of the system shall be prepared by the City Council covering the anticipated monthly requirements and expeditures for such operation and maintenance during the ensuing year. Fixed annual charges such as the cost of insurance shall be set up and ac- cumulated on a monthly basis, At least sixty days prior to the beginning of such ensuing fiscal year a copy of such proposed annual budget shall be mailed to any bondholder who may have therefore requested the same, If the holder or holders of five per cent or more of the aggregate principal amount of bonds then outstanding shall so request at least thirty days prior to commencement of the fiscal year the City Council shall hold a public hearing on such proposed annual budget, at which hearing any bondholder and any other person in interest may appear and file written objections. If no objections are filed as in this section permitted, said City Council may adopt the proposed budget as the annual budget for such succeeding fiscal year. but if such ob- jections are filed. said City Council shall make every effort to satisfy same in adopting a revised final budget. The total expenditures in any fiscal year for the account of the off-street parking facilities and the on-street parking facilities constituting parts of said pub- lic motor vehicle parking facilities sys- tem shall not exceed the respective items as shown by the annual budget for such year unless specifically authorized by a twn-thirds vote of said City Council. Section 15. That any holder of said bonds. or of any of the coupons, may either at law or in equity, by suit, action, mandamus or other proceedings. en. force and complete performance by said City and its officers and agents of all duties imposed or required by law or this resolution in connection with the operation of said motor vehicle parking facilities. including the making and col- lecting of sufficient rates and segrega- tion of the revenues and application thereof. Section 16. That the provisions of Section 15 of said ordinance adopted May 20, 1964, with respect to the is- suance of additional parking facilities revenue bonds ranking on a parity with said outstanding Parking Facilities Revenue Bonds dated June I, 1964. and the provisions of Section 17 of said ordinance adopted December 2, 1968, with respect to the issuance of addi- tional parking facilities revenue bonds ranking on a parity with said outstand- ing Parking Facilities Revenue Bonds, 1968 Series, dated January I. 1969. are hereby recognized. It is hereby found and declarded (I) there Is no default existing in any of the provisions of the ordinances adopted by the City Council on May 20, 1964. and December 2. 1968. pursuant to which said outstanding bonds were issued, (2) there has been procurred and is now on file with the City Clerk a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based on necessary investigations that the ag- gregate net off-street parking revenues and net on-street parking revenues as defined in said ordinances adopted May 20, 1964. and December 2. 1968. adjusted to reflect income in accor- dance with parking system rates in ef- fect on the date of said statement, for the last preceding calendar year were equal to at least 150% of the maximum amount that will become due in any calendar year for both principal and interest on the presently outstanding Parking Facilities Revenue Bonds dated June I. 1964, the presently outstanding Parking Facilities Revenue Bonds, 1968 Series, dated January 1. 1969, and the bonds herein authorized to be issued in any fiscal year prior to the longest ma- turity of any of the presently outstand- ing Parking Facilities Revenue Bonds dated June I. 1964, and Parking Facili- ties Revenue Bonds, 1968, Series. dated January I. 1969, and (3) the additional parking facilities to be acquired through the issuance of the bonds herein auth- orized will be situated within the central business sections of the City of Dubuque. Section 17. The Bonds authorized to be issued hereunder and from time to time outstanding shall not be entitled to priority one over the other in the ap- plication of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issuance, it being the intention that there shall be no priority among the bonds anthorized to be issued under the provisions of this resolution, regardless of the fact that they may be actually issued and Adjourned Regular Sessjon, July 5, 1977 357 delivered at different times. While there is no default existing in any of the provisions of this resolution said City hereby reserves the right and privilege of issuing additional bonds from time to time payable from the income and revenues of said public motor vehicle parking facilities system ranking on a parity with the bonds herein authorized In order to refund any revenue bonds issued for account of the parking sys- tem, or to pay the costs of further addi- tions, extensions or improvements to the system within said City; provided, that before any such additional bonds ranking on a parity may be so issued for such additional bonds ranking on a parity may be so issued for such addi- tions, extensions or improvements there shall have been procured and filed with the City Clerk a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon necessary investigations that the ag- gregate net off-street parking revenues and net on-street parking revenues as defined in this resolution, adjnsted to reflect income in accordance with rates in effect on the date of said statement, for the fiscal year immediately preced- ing the issuance of such additional bonds was equal to at least 150% of the maximum amount that will become due in any calendar year for both principal and interest on the bonds then out- standing and the bonds then proposed to be Issued in any fiscal year prior to the longest maturity of any of the then ontstanding bonds; provided, also, that before any such additional bonds rank- ing on a parity may be issued for paying the cost of additions, extensions or im- provements lying outside the central' business sections of said City there must also be procured and filed with the City Clerk of City a certificate execnted by an engineer or firm of engineers of specialized reputation in the man- agement and operation of motor vehicle parking facilities reciting the opinion based upon necessary investigations that the net income and revenues to be derived from the operation of such ad- ditional facilities will not be less than 150% of the maximum amount that will become due in any year for principal of and interest on the amount of bonds then proposed to be issued to pay the cost of such additions, extensions or improvements lying outside the central business sections of the City. Bonds issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be snbject to the restrictions herein- before set forth in this section provided the bonds being refunded mature within three months of the date of such refunding and no other funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to said restrictions, and in com- puting the maximum principal and in- terest due in any year principal and interest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilized. For the purposes of this resolution, the fiscal year shall be the calendar year, and interest and principal dne on Jan- uary I shall be considered obligations of the immediately preceding fiscal year. The interest payment dates for all such additional bonds shall be semiannually on January I and July I of each year and the principal matnritJes of such-addi- tional bonds shall be on January I of the year in which any such principal is scheduled to become due. The addition- al bonds (sometimes herein referred to as "permitted" to be issued), the is- suance of which is restricted and condi- tioned by this section, shall be under- stood to mean bonds secnred and paya- ble on a parity with the bonds herein specifically authorized, and shall not be deemed to include other obligations, the security and source of payment of which is subordinate and subject to the priority of the requirements in favor of the bonds herein authorized to be issned. Section 18. Said City covenants and agrees that so long as any of the bonds herein authorized are outstanding it will not establish other public motor vehicle parking facilities within the City unless snch additional facilities are included and constitute apart of the public motor vehicle parking facilities system as con- templated by this resolution and are operated on a revenue producing and self-liquidating basis, so that the net revenues from such additional facilities will be available for payment into the Sinking Fund as herein provided. The City covenants and agrees upon completion of the addition to the park- ing structure as hereinbefore referred to and upon completion subsequently of any other structural parking facilities constituting any part of the system that it will procure and carry to the extent available fire and extended coverage and vandalism and malicious mischief insurance on each such structnre in an amount equal to at least eighty per cent 358 Adjourned Regular Session, July 5, 1977 of the insurable value thereof and also will procure and carry to the extent available use and occupancy or business interruption insurance on such struc- tural parking facilities in an amount sufficient to pay eighty per cent of the estimated net revenues therefrom for a period of one year, The proceeds of insurance received from loss or damage to the structural parking facilities shall be used to replace or repair the property lost or damaged, and the proceeds of use and occnpancy or business interruption insnrance shall be classified and treated as net off-street parking revenues. The City further covenants and agrees to carry public liability and property damage insurance in the operation of the -public motor vehicle parking fac- ilities system in amounts not less than those recommended from time to time by a consnlting engineer employed for that purpose. The costs of all the foregoing insnrance shall be classified and paid as an expense of operation and maintenance. Section 19. The provisions of this resolution shall constitnte a contract between the City of Dubuque and the holders of the bonds herein authorized to be issued, and after the issuance of any of the bonds no change, variation, or alteration of any kind of the provi- sions of this resolution may be made in any manner except as hereinafter in this section provided until snch time as all of said bonds issned hereunder and the interest thereon have been paid in fnll. In the event that it shall appear desir- able and to the advantage of both the City and the holders of the revenue bonds the City may propose modifica- tions, alterations and amendments of this resolution in the following manner: The City Council shall adopt a resolu- tion modifying, altering or amending this resolution, bnt providing therein that said resolution shall not become effective unless and until it has had the approval of the holders of the revenue bonds as hereinafter set onto Immedia- tely upon adoption of said resolution the City Council shall set a time and place for and call a meeting of the holders of the revenue bonds, which place so de- signated shall be in the City ofDubuque, Iowa. Notice of the time and place of the meeting and in general terms the mat- ters to be snbmitted thereat shall be given to the holders of the revenue bonds in the following manner: (a) Not less than fifteen days prior to the date set for the meeting a copy of the notice shall be mailed to each of the holders of revenue bonds registered as to principal at the address appearing on the registration books and also tothe original purchaser or purchasers of the revenue bonds; (b) Notice of such meeting shall also be published in at least two issues of (I) a newspaper or financiai journai of general circulation pnblished in the City of Chicago, Illinois, and (2) a newspaper of general circulation published in the City of Dubuque, Iowa; the first of each such publications to be made not less than fifteen (15) days prior to the date set for the meeting and the second of such puhlications to be made not less than seven (7) days nor more than ten (10) days prior to the date set for such meeting. At such meetin'g there shall be sub- mitted to the holders of the revenue bonds for their approval the resolution theretofore adopted proposing the modification, alteration or amendment. , All holders of revenue bonds for ac- count of the public motor vehicle park- ing facilities system of the City out- standing at the time of such meeting and secured by the Sinking Fund her- einbefore created shall be entitled to vote thereat and attendance at such meeting may be in person or by proxy. Each person seeking to attend or vote at any such meeting must, if required. produce such proof of ownership of revenue bonds or of personal identity as shall be satisfactory to the inspectors of votes. Every proxy shall be signed by the holder of revenue bonds or by his duly authorized attorney, shall identify the revenue bonds represented thereby, and shall be witnessed, and its gennine- ness, if qnestioned shall be established to the satisfaction of the inspectors of votes. The holders of revenue bonds and the holders of proxies present shall, by a majority vote, irrespective of the amount of revenne bonds represented by them. select two persons from those present to act as inspectors of votes, who shall connt all votes cast at such meeting and who shall make and file with the Secretary of the meeting their verified written repnrt in duplicate of all such votes so cast at said meeting. The holders (or persons entitled to vote the same) of not less than seven- ty-five per cent in principal amount of the revenue bonds entitled to be voted at any such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, less than a quorum, however, having power to adjourn. Any such modifications, alterations Adjourned Regular Session, July 5, 1977 359 or amendments of this resolution, or of any rights and obligations of the City, or of the holders of the revenue bonds in any particular, may be approved at such meeting or at a due adjournment ther- eof and held in accordance with the provisions of this section, but only by a resolution duly adopted by the affirma- tive vote, in person or by proxy, of the holders (or persnns entitled to vote the same) of sixty per cent or more in ag- gregate principal amount of the revenne bonds entitled to be represented at such meeting; provided, however, that no such modifications, alterations or amendments shall be made which will (a) permit an extension of the time of payment at maturity of the principal of or payment of the interest on any revenue bond, or a reduction in the amount of principal or the rate of inter- est thereon without written consent of the holder thereof, of (b) reduce the percentage of holders of revenue bonds required by the provisions of this sec- tion for the taking of any action under this section. A record of the proceedings of each such meeting prepared and certified by the Secretary ofthe meeting and having attached thereto an original counter- part of the report of the inspectors of votes and affidavits of mailing and pub- lication of the notice of the meeting shall be filed with the City Clerk. and thereupon without further action the proposed modifications. alterations and amendments, as aforesaid, shall become effective, but otherwise shall be null and void. Section 20. If any section, paragraph, clanse or provision of this resolution shall be held invalid the invalidity of such section. paragraph, clause or provision. shall not affect any of the remaining provisions of this resolution. Section 21. All resolutions and orders, or parts thereof in confiict with the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 22. That this resolution shall be in full force and effect immediately upon its adoption and approval as provided by law, Passed and approved this 5th day of Jnly. 1977. Emil Stackis Mayor ATTEST: Leo F, Frommelt City Clerk Recorded July 5, 1977 Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 253-77 RESOLUTION directing the advertls- ment and sale of $850,000 Parking Facilities Revenue Bonds, 1917 Series, of the City of Dubuque, Iowa. WHEREAS pursuant to proper proceedings the City of Dubuque, in Dnbuque County, Iowa, has heretofore determined it to be advisabie and necessary to add to, extend and im- prove its system of motor vehicle park- ing facilities by constructing an addi- tion to the Iowa Street Parking Ramp in the business district of the City; and WHEREAS said City contemplates the issuance of $850,000 Parking Facili- ties Revenne Bonds, 1977 Series, for the purpose of paying the cost, to that amount, of constructing said facilities and it is necessary and for the best interests of said City that said bonds be offered for sale at this time; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That Parking Facilities Revenue Bonds, 1977 Series, of the said City in the amonnt of $850,000 be of- fered for sale pursuant to adverti- sement, said bonds to be numbered from I to 170, inclusive, in the den- omination of $5000 each, to be dated July I, 1977, with interest payable Jan- uary I, 1978, and semiannually ther- eafter, and to mature serially and in nnmberical order on January I of each of the respective years as follows: Ye" Amo""' Ye" Amo""' 1979 $30,000 1987 $50,000 1980 35,000 1988 50.000 19'1 35,000 1989 60.000 1982 40,000 1990 70,000 1983 45,000 1991 70.000 1984 45,000 1992 75,000 1985 45,000 1993 75,000 1986 50.000 1994 75.000 but with the right reserved to the City to call and redeem the bonds maturing in the years 1989 to 1994. inclusive, prior to maturity in whole. or from time to time in part in inverse order of matnrity and within a matnrity by lot, on any interest payment date on or after Jan- nary 1, 1988, upon terms of par and accrued interest plus a premium of Four percent (4%) of the principal amount of any such bonds if called on January I, 1988, and if called for redemption ther- 360 Adjourned Regular Session, July 5, 1977 eafter the amount of such premium to be so paid shall be reduced at the rate of V, of one per cent of the principal amount for each full year that the redemption date is subsequent to Jan- uary I, 1988. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more successive weeks and on the same day of each week in the "Telegraph-Herald", a newspaper pub- lished and of general circulation in Dubuqne Connty, Iowa, snch notice to state that bids will be received and acted upon by this Council at a meeting to be held at 12:00 o'clock Noon. Cen- tral Daylight Time, on the 19th day of July, 1977. SectIon 3. That the City Clerk Is further authorized to prepare such cir- culars for further advertisement as may be deemed advisable, in order to afford due publicity to the sale of said bonds, Section 4. That all resolutions or parts of resolutions inconflict herewith be and the same are hereby repealed. Passed and approved July 5, 1977 EmilStackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 5, 1977. Leo F, Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition For Voluntary Annexation TO: The City Conncil of the City of Dubuque Iowa. The undersigned hereby petitions the City Council of the City of Dubuque, Iowa, to annex land in Dubuque Coun- ty, Iowa, adjoining the city limits of the City of Dubuque, Iowa, and in support thereof states: 1. The legal description of the land in Dubuque County. Iowa which adjoins the city limits of the City of Dubuqne, Iowa, and which the Petitioner reqnests be annexed to the City of Dubuque, Iowa. is as follows: Lot2 of the Subdivision of Lot I of the Subdivision of Lot I of Mineral Lot 237 and Lot 3 of Mineral Lot 243 in Section 27. Township 89 North, Range 2 East of the Fifth P.M., Dubnque Township, Dubuque County. Iowa. 2. The aforesaid real property is owned by Theisen Building Company. Inc. 3. Attached to this Petition is a map of the territory which the Owner requests be annexed to the City of Dubuque. Iowa and which shows its location in relation to the City of Dubuque, Iowa, 4. Therefore, the undersigned hereby requests the property dèscribed in Paragraph I be annexed to the City of Dubuque. Iowa. Dated at Dubuque. Iowa. this 23 day of June. 1977. Theisen Building Com- pany.lnc, By Leo A Theisen President Councilman Wertzberger moved that the annexation request be approved. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 254-77 WHEREAS, the owner of an area ap- proximately 0,77 acres in size lying im- mediately easterly and southerly of the City Limits of the City of Dubuque, Iowa. now voluntarily petitions the City Council for annexation of their property to the City of Dubuque, Iowa: and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of City Government in the way of police and fire protection if said territory is incorporated within the City Limits of the City of Dubnque, Iowa; , and WHEREAS, the inhabitants of said territory will be enabled to secure water and other municipal services of said territory if incorporated within the City Limits of the City ofDubuque,Iowa; and WHEREAS,' Chapter 368, Code of Iowa (1975) authorizes the extension of city limits in situations of this character by the adoption of a Resolution ther- efor; and WHEREAS. the future growth, development. and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque. Iowa. NOW, THEREFORE. BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot 2 of the Subdivision of Loti o!the Adjourned Regular Session, July 5, 1977 361 Subdivision of Lot I of Mineral Lot 237 and Lot 3 of Mineral Lot 243 in Section 27, Township 89 North. Range 2 East of the Fifth P,M.. Dubuque Township. Dubuque Couoty. Iowa. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto. and by this reference made a part hereof. the boundaries of said area being outlined in red thereon. Section 2. The territory hereby an, nexcd shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. This Resolution passed, approved and adopted the 5th day of July, 1977, Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger .lames E. Brady Walter A Pregler Councilmen tioo of their property to the City of Dubuque. Iowa: WHEREAS. the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City ofDubuque, Iowa: and WHEREAS. the inhabitants of said territory will be enabled to secure water. and other municipal services if territory is incorporated within the city limits of the City of Dubuque. Iowa. and WHEREAS, Section 368,7 Code of Iowa. 1975, authorizes the extension of city limits in situations of this character by the adoption of a resolution ther- efore: and WHEREAS, the future growth. development. and preservation of the public health of the City of Dubuque. Iowa. makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE. BE IT RE, SOLVED by theCity Council of the City of Dubuque. Iowa. that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following de- scribed real estate: Lot I of Lot I of Lot I of Lot I of Lot I ofLot20fLot40fLoti of the Subdivision of Lot I of Loti of Lot 1 and Lot 2 of Lot I of Lot I of Mineral Lot 324: Lot I and Lot 2 of the Subdivi- sion of Lot 2 of Lot I of Lot I of Lot I of Lot 2 of Lot4 of Lot I of the Subdivision of Lot I of Lot I of Lot I andLot2 of Lot 1 of Lot I of Mineral Lot324: and Loti of Lot2 of Lot 1 ofLot2 ofLot4 of Lot I of the Subdivision of Lot I of Lot 1 ofLot I and Lot2 of Lot t of Lot I of Mineral Lot 324; all in Section 12. Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, according to the recorded plats thereof, The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto. and by this reference made a part hereof. the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Fourteenth Voting Precinct of the City of Dubuque, Iowa, Passed. adopted and approved this 5th day of July, 1977, Emil Stackis Mayor James E. Brady Walter A Pregler Thomas A Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Councilmen Wertzberger moved adoption of the Resolution, Seconded by Councilman Pregler, Carried by the fol- lowing vote: Yeas - Mayor Stack is, Councilmen Brady. Pregler, Tully. Wertzberger. Nays - None. June 28, 1977 City Manager RE: Thomas J. Manternach-Petitioner- Property Owner We have recently purchased property on Peru Road from Dennis Sharkey. The property is contiguous to your City Limits through out Terrace Estates which was voluntarily annexed in March, 1977. At this time we would like to present our request for voluntary annexation of this area. Wayne.l. Manternach Manternach Development Company Councilman Wertzberger moved that the request for annexation be approved. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays - None, RESOLUTION ANNEXING CERTAIN TERRITORY No. 255.77 WHEREAS, the owners of an area approximately 1.4 acres in size im- mediately adjoining the city limits of the City of Dubuque, Iowa now voluntari- ly petition the City Council for annexa- 362 Adjourned Regular Session, July 5, 1977 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution, Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Tully. Wertzberger. Nays-None, June29,1977 Honorable Mayor and City Council It may be necessary to apply $553.960 of General Revenue Sharing funds toward the construction cost of the Iowa Street Parking Ramp Addition. This proposed expenditure will require an amendment of the city's adopted budget for the fiscal year beginning July l. The federal regulations governing the use of revenue sharing funds require that a public hearing be held, The state also required a public hearing on the budget amendment, and both the state and federal requirements can be satis- fied with a single hearing, The attached resolutions authorize the publishing of notices for the hearing if it is determined to be necessary to use revenue sharing funds in this manner. We would request your adoption of both resolntions. Gilbert D, Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Cuuncilman Tully. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger, Nays - None, RESOLUTION NO. 256-77 Resolution Authorizing a Pnblic Hear- ing for the Expenditure of Certain General Revenue Sharing Funds WHEREAS. it is proposed that the City of Dubuque expend $553,960 of General Revenue Sharing Funds Towards the construction costs of the Iowa Street Parking Ramp Addition: and WHEREAS, Section 51.15 of the Local Assistance to State and Local Government Act of 1972. as amended, provides that the public hearing requir- ements of the Act shall apply to the amendment. revisions or modifications of an adopted budget where a major change is proposed; and WHEREAS. such proposed expendi- ture is such an amendment. revision, or modification of the adopted budget for the City of Dubuque for the fiscal year beginning July I, 1977. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque as to the expendi- ture of certain general revenue sharing funds. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof, Passed, approved and adopted this 5th day of July, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Notice of Public Hearing The State and Local Assistance Act of 1972 (commonly known as the Revenue Sharing Act) has been amended to require that a public hearing be held on how revenue sharing funds to which the City of Dubuque is entitled are to be used. The budget as adopted for the City of Dubuque is now proposed to be amend- ed by the Dubuque City Council for the fiscal year beginning July 1. 1977 and ending June 30. 1978. The budget as it is proposed to be amended is summarized as follows: Financed with General Financed with Total Program Area Revenue Sharing Funds Other Resnurces Program Costs Public Safety $ 924,341 $ 3,937,760 $ 4.862,101 Health 84;109 414,562 498,671 Education 42,~00 335,675 377,675 Home & Community Environment 25,042 6,454,450 6,479,492 Economic Opportunity 290,954 399,316 690,270 Leisure Time Opportunity 0 1,509,508 1.509.508 Transportation 276,980 3,966,293 4,243.273 AdmInistration & Support 20,000 932.821 952,821 Totals $1,663,426 $17,950,385 $19,613,811 Adjourned Regular Session, July 5, 1977 363 The purpose of the budget amend- ment is to transfer $553.960 in unen- cumbered funds in the General Revenue Sharing account to the Iowa Street Parking Ramp Construction fund to be applied towards the construction cost of the expansion of the Iowa Street Park- ing Ramp. A copy of the proposed budget amendment for the City of Dubuque is available for inspection in the Office of the City Manager in City Hall during the hours of 8:00 a,m. to 5:00 p,m" Monday through Friday, A copy of the proposed budget is also available for inspection in the Dubuque Public Library. A public hearing on the adoption of the budget amendment for the City of Dubuque will be held at 7:30 p.m. on July 18, 1977 in City Council Chambers. City Hall. 13th and Central, Dubuque. Iowa. All citizens attending the public hearing shall have reasonable oppor- tnnity to provide written and oral com- ments and to ask questions concerning the proposal to amend the budget and the relationship of revenue sharing funds to the entire budget. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. CaITied by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. RESOLUTION NO. 257-77 Resolution directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1978 Budget and Date of Public Hearing WHEREAS. an amendment is proposed to the Fiscal Year 1978 bud- get; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Clerk is her- eby authorized and directed to publish the proposed amendment to the Fiscal Year 1978 budget and the date of public hearing. Passed, approved and adupted this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully, Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tnlly, Wertzberger, Nays - None, June 29.1977 Honorable Mayor and City Council The Federal Highway Administration and Iowa Department o!Transportation have authorized the City of Dubuque to proceed with protective acquisition with a portion of the Siegert farm for right-of-way for the Northwest Arterial. This property lies immediately adjacent to the westerly Dubuque city limits and is shown upon the attached vicinity map, The Iowa Department of Transporta- tion has more recently authorized the use of Federal Aid to Urban System Funds in this acquisition project. This funding arrangement will provide for 70% federal cost sharing in the acquisi- tion, We had formerly anticipated that this project would be strictly a local responsibility. In order to qualify this project for federal assistance. however, it is neces- sary that the acquisition be undertaken by a federally-certified right-of-way agent. At this time only the Iowa Department ofTransportation has such certification, The Right-of-Way Department of the Iowa Department of Transportation has agreed to undertake the acquisition of a portion of the Siegert farm on our behalf, Their administration of the project requires authorization by the City of Dubuque. and we have attached a propnsed project agreement for this purpose. The agreement contains a form of resolution for Council adoption, authorizing the Mayor to act on behalf of the City in the endorsement of this participation agreement, We respect- fully request your approval of the at- tached Resolution and Project Agreement. Daniel Dittemore Director of Community Development 364 Adjourned Regular Session, July 5, 1977 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote' Yeas - Maynr Stack is. Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None, Department of Transportation Agreement For Federal Aid Urban System Project City: Dubuque County: Dubuque Project No.: M-2961 (1)-81-31 Iowa Department of Transportation Agreement No.: 77-F-I04 WHEREAS. pursuant to Sections 306A.7, 306A.8, 313.21 and 314.5, and Chapters 471 and 472, of the 1977 Code of Iowa. the City of Dubuque, herein- after called the CITY, and the Iowa Department of Transportation, High- way Division. hereinafter called the STATE. may enter into an agreement respecting the financing, planning. es- tablishment, improvement mainten- ance. use or regulation of public way in these respective jurisdictions, and it is their opinion that the improvements in the traffic carrying capacity of the many streets is necessary and desirable, and WHEREAS, the Congress of the United States has provided for the Federal aid Urban System. hereinafter called FAUS. and Congress has made funds available through the Federal Highway Administration, hereinafter called the FHW A, the improvement to the FAUS, these funds being adminis- tered the the STATE. and WHEREAS. the STATE has estab- lished Policy 820.01 to effectively ad- minister the FAUS program in Iowa, and WHEREAS. FAUS funding is availa- ble, subject to the limitations stated in STATE Policy 820.01. for reimbur- sementofup to seventy percent (70%) of the costs relating to an improvement on the F AUS and local funds areJo be used for the remainder of the improvement costs, a minimum of thirty per cent (30%) and WHEREAS, the City by letter dated May 5, 1977 has requested and obtained approval from FHW A authorizing the advance acquisition of a parcel of right nf way using CITY funds with the CITY to be reimbursed from FAUS funds for costs associated with the acquisition for the North West Arterial. the subject of Iowa State Highway Commission Agreement No, 74-F047 for M-5037 (600)-81-31. WHEREAS. the City has requested and the STATE has agreed to act as agent on behalf of the CITY in the acqnisition of a parcel of right of way known as the Joseph F. Siegert Farm and may agree to acquire an additional parcel or parcels of right of way in accord with the terms of this agreement. NOW, THEREFORE. BE IT AGREED: I. The acquisition of the Siegert farm parcel shall be accord with attached exhibit "Federal Aid Right of Way Exhibit". 2. The STATE may agree to acquire an additional single parcel or parcels on the project as an advanced acquisi- tion should FHW A approve such acqui- sition and the STATE has sufficient staff time to do so. CITY requests for the STATE to make an additional advanced acquisition(s) shall be submitted to the STATE'S Office of Right of Way six (6) months prior to the date the right of way acquisition is to begin and shall note the proposed completion date for the acquisition of the parcel. The STATE shall determine if the request can be included in currently scheduled work and shall notify the CITY accord- ingly. The terms of this agreemtnt shall apply to all future STATE acquisitions except as they may be modified by either the CITY'S request that the ST ATE do additional work or the STATE'S notice that the STATE will do so. 3, That this agreement is in accord with Chapter 28E of the Code of Iowa. 4. That this agreement will terminate on completion of this highway improvement. 5. That this agreement will be filed in the Secretary of State's Office and recorded in the Office of the Dubuque County Recorder, IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 77-F-I04 as of the date shown op- posite its signature below. Signed: Emil Stackis Mayor, City of Dubuque Dated July 5. 1977 I. the undersigned, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, a municipal corporation duly organized and existing under the laws of the State of Iowa, DO HEREBY CERTIFY that the members of the City Council on the 5th day of July. 1977. by the call of yeas and nays recorded below and that these resolutions are now in full force and effect: RESOLUTION NO. 258-77 Resolved, that this municipal cor- Adjourned Regular Session, July 5, 1977 365 poration be and it is hereby authorized to enter into an agreement with the Iowa Department of Transportation acting for the State of Iowa, subject to the terms and conditions as set forth in Agreement No. 77-F-104 for the pur- chase of a parcel of right-of-way, signed by Emil Stackis and, dated July 5. 1977. attached hereto and by reference made a part hereof: and RESOLVED FURTHER, that Emil Stackis, is hereby empowered and dir- ected to execute the same in the name of this municipal corporation. Members of the City Council: Yeas - James E. Brady, Walter A. Pregler, Emil Stackis, Thomas A. Tully, Richard Wertzberger; Nays - None. In witness whereof, I have hereunto subscribed m y name at Dubuque, Iowa, this 5th day of July. 1977. Signed Leo F. Frommelt City Clerk of Dubuque 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. June 29, 1977 Honorable Mayor and City Council The Department of Housing and Ur- ban Development has announced the availability of additional contract auth- ority for Section 8 Existing Housing units. You may recall that the City of Dubuque had executed a prior contract under this program on March 5. 1976, providing for assistance in not more than 249 existing housing units. As the lease-up period of this program draws to a close. we are pleased to announce that rent assitance contracts are in force for nearly the full complement of author- ized units, However. our experience so far indicates a continuing need for as- sistance in this program. As we prepared the Housing Assis- tance Plan for our FY 1978 Community Development Block Grant, we had de- termined that there was an immediate need for assistance to an additional 100 dwelling units in the Section 8 Existing Housing program in that fiscal year. In response to HUD's recent announ- cement of available contract authority, we propose to now make application for those additional units. We have attached two resolutions establishing our application for an ad- ditional 100 units in the Section 8 Exist- ing Housing program. The Dubuque Housing Commission respectfully requests your favorable consideration of these resolutions. Dubuque Housing Commission Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. RESOLUTION NO. 259-77 WHEREAS, the City of Dubuque has exercised its powers under Chapter 403A of the 1966 Code of Iowa, as amended, to function as a Public Hous- ing Agency; and WHEREAS, the City of Dubuque has execnted an Annual Contributions Contract with the U.s. Department of Housing and Urban Development for 249 units of Section 8 Existing Honsing effective March 5, 1976, and revised June I, 1977, known as Project No. IA 05-E087-001 and 002, Contract No. KC-9004E; and WHEREAS, the U.s. Department of Housing and Urban Development (HUD) has recently requested that the City of Dubnqne submit a copy of auth- orized signatories for financial forms which from time to time are required to be submitted to HUD as part of the operation of said program; NOW THEREFORE BE IT RE- SOLVED BY THE City Conncil of Dubuque, Iowa: Section I. That the City Manager of the City of Dnbuque in his capacity is the authorized signatory for financial forms required pursuant to the Contract No. KC-9004E; and Section II. That the City Manager of the City of Dubuque may appoint the Director of the Department of Com- munity Development to sign such forms in his place. Passed, adopted, and approved this 5th day of July, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of 366 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 367 the resolution. Seconded by Conncil- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 260-71 WHEREAS, the City of Dubuque functions as a Public Honsing Agency pursnant to provisions of Chapter 403A of the 1966 Code of Iowa, as amended: WHEREAS, the City of Dubuque has approved and submitted a Housing As- sistance Plan for 1977 through 1978 to the U.S. Department of Housing and Urban Development which projects the need for at least two-hundred-fifty (250) Section 8 Existing rental units over the period of the next three years; and WHEREAS, the U.S. Department of Housing and Urban Development is currently advertising an invitation for any governmental body authorized to engage or assist in the development or operation of housing for low-income families within the Standard Metropoli- tan Statistical Area of Dubuque, to ap- ply for up to one-hundred (100) units nnder the Section 8 Existing Housing Program; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa: Section 1. That the City Council has reviewed a copy of a proposed applica- tion for the City of Dubuque's par- ticipation in a Section 8 Existing Hons- ing Program for 100 units and hereby directs the Mayor of the City of Dubuque to sign said application. Section II. That the Director of the Department of Community Develop- ment is directed to forward said ap- plication in the required number of copies, to the U.S. Department of Hous- ing and Urban Development before the deadline date of July 12, 1977, at 4 p.m. Passed, adopted, and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tuliy moved adoption of the resolution. Seconded by Council- man Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 29, 1977 To the Honorable Mayor and City Council Bids for the Iowa Street Parking Ramp were received today June 29, 1977. The engineering firm that has designed the facilities are now evaluat- ing bids and will make their evaluation late this week. We sould like to present the results of the bidding and our recommendation of the contractor for the project at the regular Council Meeting on Tuesday. July 5, 1977. We also will then be asking the Conncil to adopt Resolutions recommending Receipt of Bids and Award of Contract. Francis A. Murray Public Works Director Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the foliowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuliy, Wertzberger. Nays-None. Related Facilities to the Iowa Street Parking Ramp, 7th and Iowa Street, Dubuque, Iowa pursnant to Resolution No. 159-77 and notice to bidders pub- lished in a newspaper published in said City on, June 10, 1977; and WHEREAS, said sealed proposals were opened and read on June 29, 1977, and it has been determined that the bid of J.P, Cullen and Son Construction Corporation of JanesvilIe, Wisconsin in the amount of $1,601,261 was the lowest bid for the fnrnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED BY THE City Council of the City of Dnbuque that the contract for the above mentioned im- provement be awarded to J,P. Cullen and Son Constrnction Corporation, Janesville, Wisconsin subject to availability of funds and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders, Passed and adopted this 5th day of July, 1977. Jnly 5, 1977 To the Honorable Mayor and City Council Sealed bids for the expansion of the Iowa Street Parking Ramp were received until 10:00 a.m. on June 29, 1977. The low bidder was J.P. Cnllen and Son Constrnction Company, Janesville, Wisconsin. The bid was taken with a number of alternates and total bid with all alternates was $1,601,261. The en- gineer's estimate was $1,672,960. We are still evalnating the feasibility of the installation of electric snow melting equipment ($15,000) and taking credit for an asphaltic surface on the lower deck ($17,000). We would like to reserve option on these two items nntil a later date. We wonld therefore request your adoption of a Resolution awarding the contract to J.P. Culien and Son Con- struction Company for $1,601,261. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Awarding Contract) RESOLUTION NO. 261-77 WHEREAS, sealed proposals have been submitted by contractors for the Addition of 300 Parking Spaces and Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Abstain - Councilman Tully. RESOLUTION NO. 262-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the ordinances of the City CLASS "B" BEER PERMIT Securities Building Corporation. (Also Snnday Sales, )1500 John F. Kennedy Triangle Investments Inc., (Also Sun- day Sales), 1575 J.F.K. Road CLASS "C" BEER PERMIT Randall's International Inc" 2013 Cen- tralAve. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolntion. Seconded by Councilmen Pregler. Carries by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 263.77 WHEREAS, applications for Beer Permits were 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 anthorized to cause to be issued to the following named applicants a Beer Permit CLASS "B" BEER PERMIT Securities Building Corporation, (Also Sunday Sales), 1500 John F. Kennedy Triangle Investments Inc., (Also Sun- day Sales), 1575 J.FK Road, CLASS "C" BEER PERMIT Randall's International Inc., 2013 Cen- tralAve. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the foliowing vote: Yeas - Mayor Stackis, Councilmen Service 368 Adjourned Regular Session, July 5, 1977 Adjourned Regular Session, July 5, 1977 369 Brady, Pregler, Tully. Wertzberger. Nays-None. Application for Transfer of Beer Per- mit of William J. Baum from 2295 Cen- tral Aven. to 500 Rhomberg Ave., pre- sented and read. Mayor Stackis moved that the transfer be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 264.77 WHEREAS, applications for Liquor Licenses have been submitted to This Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque. Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131. Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Fischer and Co., Inc., (Also Sunday Sales), 880 Locust Street Clarence Richard Jones, (Also Sunday Sales), 1618 Central Avenue Kenneth Jerome Love, 802 Central Avenue Ritz Lounge, Inc., 2126 Central Avenue Hazel E, Koeller, 2987 Jackson Street Passed, adopted and approved this 5th day of July, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler James E. Brady Councilmen ATTEST: Leo F, Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None. RESOLUTION NO. 265-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issned to the following named applicants a Liquor License. Passed, adopted and approved this 5th day of July, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen CLASS "C" (COMMERICAL) BEER AND LIQUOR LICENSE Fischer and Co., Inc" (Also Snnday Sales), 880 Locust Street Clarence Richard Jones, (Also Sunday Sales), 1618 Central Avenne Kenneth Jerome Love. 802 Central Ave. Ritz Lounge, Inc" 2126 Central Avenue Hazel E. Koeller, 2987 Jackson Street Passed, adopted and approved this 5th day of July, 1977. Mayor Emil Stackis Thomas A. Tully Jr. Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. July I, 1977 Tn the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa. 1977, the Civil Service Commission conduct- ed written examinations on May 24. 1977 and physical agility tests on June 14, 1977 for applicants to the Fire Department, The following named applicants are hereby certified and are to be con- sidered for appointment in the following order: Althaus, Stephen .I, 90% Lentz, Michael E, 90% Corbett, Terrance .I. 85% Kutsch, Patrick L. 82% Zickuhr, Douglas W. 82% Rogers, Gerald W. 80% Schmitt, Kenneth F. 77% Burds, Michael W, 75% The above list comprises the ap- plicants that have passed both the writ- ten and physical examinations. A second list is not available, Carolyn Farrell, BVM Chairperson John E, Hess Civil Commission ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger, Nays-None. RESOLUTION NO. 266.77 BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Bishop Buffet, Inc., Kennedy Mall Book Nook, Inc" 902 Main St. D.B.Q. Inc" 4th and Locust St. Dixie Jungblut, 1399 Jackson St. Dolter's Food Inc., 910 Dodge Street Jeannine A. Kersch, 1555 Central Ave. Francis W. Kuhle, 3201 Central Ave. Orville P. Murphy, 139 Locust St. Dolores E, Roeth. 600 Central Ave Lowrie E. Smith 521 E, 22nd St. Thompson's Food Market I, 250 West 1st St. Jerry and Mary Turner, 431 Rhomberg Ave. Bernard Willenborg, 1301 Rhomberg Ave. Triangle Investment Inc" 1575 John F. Kennedy ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 1st day of July, 1977. Z.D. Hantelmann Notary Public Councilman Pregler moved that the communication be received and made a matter of record, Seconded by Mayor Stackis, Carried by the following vote: Yeas - Mayor Stackis. Councilman Brady, Pregler. Tully, Wertz berger, Nays - Nonc. Communication of City Attorney Russo submitting an opinion as to the leasing of city-owned property by any Board or Commission who is charged with the management and operation of real estate, specifically if the leasing of real estate is for more than three years. presented and read. Councilman Wertzberger moved that the commun- ication be received and filed, Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. At 10:55 P.M. Councilman Brady moved to go into Executive Session to discuss Personnel. Seconded by Mayor Stack is. Carried by the following vote: Yeas - Mayor Stack is, Councilmen Brady, Tully. Nays Councilmen Pregler, Wertzberger. Council Reconvened in Regular Ses- sion at 12:25 P.M. with the Mayor stat- ing that Administrative policy would be left up to people involved. There being no further business. Councilman Wertzberger moved to ad- journ. Seconded by Councilman Tully, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays-None. Leo F. Frommelt City Clerk Councilmen Pregler, Approved Adopted 1977 1977 Councilmen ATTEST: City Clerk 370 Special Session, July 13, 1977 Special Session, July 18, 1977 371 CITY COUNCIL CITY COUNCIL Yeas - Councilmen Pregler, Tully, Wertzbrger. Nays - Mayor Stackis. Councilman Brady, There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Official Special Session, July 18, 1977 Council met at 7:30 P.M. (C.D.T.) Present - Mayor Stackls, Cnuncil- men Brady, Pregler, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Councilman Tully. Mayor Stackis read the call and stat- ed that service thereof had been duly made and this meeting is called to Con- duct Public Hearings on Various Rezoning Ordinances and acting npon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. O'Brien of Nativity Church. Communication of Community Development Commission submitting minutes of their meeting of June 28, 1977. presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays - None. Absent - Councilman Tully. Communication of Dubuque Dock Commission submitting minutes of their meeting of June 15,1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed, Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays - None, Absent - Councilman Tully, Communication of Airport Commis- sion submitting minutes of their meet- ing of June 23, 1977, presented and read, Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays-None. Abseot - Councilman Tully. Communication of Planning and Zoning Commission submitting min- utes of their meeting of July 6., 1977, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. OFFICIAL Special Session, July 13. 1977 Council Met at 4:15 P.M. (C.D.T.) Present - Mayor Stackis, Conncll- men Brady, Pregler, Tnlly, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this meeting is called for the pur- pose of Acting npon Such Business as may properly come before the meeting, At 4:50 P.M. Mayor Stackis moved that the Council retire into an executive session to discnss negotiations pre- sently going on with the City fir- efighters. Seconded by Councilman Brady, Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Wertzberger, Nays - Councilmen Tully, Pregler. Council reconvened at 5:19 P,M. Councilman Wertzberger moved that the City negotiators use every means within their discretion to break present impasse to settle with the firefighters. Seconded by Councilman Pregler. Car- ried by the following vote: Approved Adopted 1977 1977 Councilmen ATTEST: City Clerk Nays - None, Absent - Councilman Tully, Communication of Five Flags Center Building Committee submitting min- utes of their meeting of July 7. 1977, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler. Wertzberger, Nays - None. Absent - Councilman Tully. Communication of Five Flags Civic Center Commission submitting minutes of their meeting of July 12, 1977, pre- sented and read, Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None, Absent - Councilman Tully. Communication of Iowa D.E.Q. issu- ing water main extension permit for Timber Ridge Subdivision, presented and read. Counicilman Wertzberger moved that the communication be received and filed. Seconded by Coun- cilman Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilman Tully. Communication of Neva Shoars ex- tending sincere appreciation for recog- nizing the Hill Neighborhood Ass'n. some time ago. presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Communication of Thomas Andre- sen., location Manager for Huron Prodnctions. expressing thanks to the Council for its encouragement and as- sistance in the production of the movie "F.LS.T.", presented and read. Council- man Wertzberger moved that the com- munication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilman Tully. 372 Special Session, July 18 1977 Pregler, Special Session, July 18, 1977 373 by Councilman Brady. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas - Mayor Stackis, Councilmen Brady. Nays - Conncilmen Pregler, Wertzberger. Absent - Councilman Tully. MO- TION FAILED. Conncilman Pregler moved to accept recommendation of members of Build- ing Committee and Staff and go for one contract. Seconded by Conncil- man Wertzberger, VOTE ON THE MO- TION WAS AS FOLLOWS: Yeas - Councilmen Pregler, Wertzberger. Nays - Mayor Stackis, Councilman Brady. Absent - Councilman Tully. MO- TION FAILED. Communication of the Housing Commission being interested in meeting with the Counicil relative to recent resolution regarding Housing Code en- forcement for discussion, presented and read. Councilman Wertzberger moved that the communication be received and filed and Manager directed to set date for meeting. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays-None. Absent - Councilman Tully. Communication of Peoples Natural Gas advising of an average increase of 1.13% in gas rates to be effective on and after July 25, 1977. presented and read. CouncIlman Wertzberger moved that the communication be received and filed, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, CouncIlmen Brady, Pregler, Wertzberger, Nays-None. Absent - Councilman Tully. Proof of publication, certified to by the Publisher. of proposal to cover sub- mission of proposal to the Economic Development Administration for var- ious public works project, effective to 7-15-77; Flora Park Tennis Courts, Schmitt Harbor Boat Ramp. Edwards and RET Sewers, Park Improvements. Renovate City, Hall, presented and read, Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Preglsr, Wertzberger. Nays - None, Absent - Councilman Tully. July 8. 1977 We have received no written or oral comments concerning any of the projects or the findings. We would request that the letter together with the affidavit of publica- tion be made a matter of public record. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilman Brady, Pregler, Wertzberger, Nays-None, Absent - Councilman Tully. Proof of Publication, certified to by the Publisher, of Receipts and Disbur- sements, also list of claims for month of May, 1977, presented and read. Coun- cilman Wertzberger moved that the proof of publication be received and filed, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis. CouncIlmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Printed Council Proceedings for the months of February and March, 1977, presented for approval. Councilman Wertzberger moved that the proceed- ings be approved as printed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None, Absent - Councilman Tully. Commnnication of Five Flags Center Building Committee requesting time to secnre approval of plans and budget for the Five Flags Civic Center. pre- sented and read. Councilman Wertz- berger moved to suspend the rules to let anyone present address the Council if they so desire, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays - None, Absent - CouncIlman Tullv, Mrs. Mercitt, Mr. Nigg, Mr. Bowen and Mr. Burchett addressed the Council relative to the communication, stating completion of Civic Center is expected to be by late Fall 1978 or early part of 1979, Wm. Herrig. Business Agent of Plumbers and Pipe Fitters, spoke to Council requesting separate contracts be let in the bidding of the Civic Center. Mayor Stackis moved that bidding be done by separate contracts. Seconded Conncilmen CouncIlman Wertzberger moved that the decision on the method of bidding be tabled until next meeting. Seconded by Councilman Pregler. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas - Councilmen Wertzberger, Pregler. Nays - Mayor Stackis, Councilmen Brady. Absent - Councilman Tully. MO- TIONFAILED. Mayor Stackis moved approval of plans in amount of $3,862,342 and Bud- get be approved Seconded by Council- men Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays-None. Absent - Councilman Tully, Councilman Wertzberger moved that the communication of Five Flags Center Building Comittee be received and filed. Seconded by Councilman Pregler, Car- ried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Communication of County Extension Director. James Meek, looking forward to the appointment of three people to represent the City as part of a bill providing for the establishment of tem- porary county land use policy commis- sions which was passed at the last legislative session, presented and read. Mr. Meek spoke to the communica- tion requesting appointments be made by August28th; 3 positions can be either from the Council OR made by the Council, Councilman Wertzberger moved that the communication be received and filed and referred to Honorable Mayor and City CouncIl Environmental assesement reviews of the following identified public works projects were conducted on June 29. and a finding of "no significant effect on the environment" was rendered for each of the projects, Reconstruction of Flora Park Tennis Courts Construction of Schmitt Harbor Boat Ramp Construction of Edwards and RET Sanitary Sewers Marshall and Roosevelt (FDR) Park Improvements Renovation of City Hall Copies of the reviews were placed on file in the City Clerk's Office and notice of the availability of the findings for public inspection was published in the Telegraph Herald On July 5. 1977. Council. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays ~ None. Absent - Councilman Tully. Commnnication of Sinclair Market- ing Inc. withdrawing its request for the vacation of a portion of Terminal Street to allow relocation of an asphalt truck loading rack, presented and read. Councilman Wertzberger moved that the communication be received and filed, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Communication of Dubuque Tennis Ass'n. expressing thanks for recent Council action in appropciating $60,000. for the renovation of Flora Park Tennis Courts, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Communication of Dubuque Area Development Ass'n. requesting finan- cial participation from the City for mar- ket study of the Downtown Area, pre- sented and read. Nick Schrup. Tim O'Brien and George Lipper spoke to the communication. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 13, 1977 Honorable Mayor and City Council The staff has met with representa- tives of the Downtown Area Develop- ment Association and has reviewed the proposal of the Development Contrnl Corporation for a study of various stra- tegies for development of downtown urban renewal property. We feel that the proposed study will be a valuable tool in the continuing efforts of both ourselves and of the pcivate sector to successfully complete the downtown urban renewal project. We recommend your favorable con- sideration of the Association's request for City participation in the proposed 374 pertinent to the possible appointment of a Medical Consultant for the City Health Department. Dr. Edward Scott, M.D. is a practicing physician in Dubuque with Medical As- sociates. He is 34 years of age and a Vietnam veteran of the U.S. Medical Service. Dr. Scott received his medical school training at the University of Iowa, and in 1974 received his Master of Public Health degree in epidemiology from Harvard University. Dr. Scott is very interested in the public health aspects of medicine and has the permis- sion of Medical Associates to assume this position if tendered. It is by helief that his training and interest in public health would be a valuable asset to the City Health Department and to the City ofDubuque. I would therefore recommend that Dr. Scott be employed as Medical Consultant. Special Session, July 18, 1977 Special Session, July 18, 1977 375 study, at the amountreqnested. We also recommend that the Dubuque Area Development Association be authorized to contract snch a study in their name, with our financial support pledged to the effort. Gilbert D. Chavenelle City Manager Councilman Pregler moved to accept City Manager's recommendation and authorize expenditure of $6,000,00. Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Cnnncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 12, 1977 Honorable Mayor and City Council I would request your consideration in the matter of acquisition of the Trenkle property for the purpose of housing city government and for future develop- ment. I am desirous of the Council's input and response on the matter. The urgency for this stems from the im- pending sale of the property to a private developer. Former Mayor Al Lundh has been assisting me with development of this project and will attend the Conncil meeting to explain the options available. Gilbert D. Chavenelle City Manager Conncilman Wertzberger moved that the commnnication be referred to Council. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Communication of Architect AI Lnndh urging consideration for the purchase of the Trenkle property, pre- sented and read. Architect Al Lundh and Realtor Peter Takos, representing owner, spoke to communication. Councilman Wertz- berger moved that the commnnication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays-None. Absent - Councilman Tully. July 12. 1977 Honorable Mayor and Members of the City Council It is my understanding that you have received correspondence from Mr. Arthur J. Roth, Jr., City Health Director, Gilbert D. Chavenelle City Manager Conncilman Pregler moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. July I, 1977 the communication be referred to Council, City Solicitor and City Man- ager for investigation and report, Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Wertzberger, Nays-None. Absent - Councilman Tully, Communication of Conncilman Brady suggesting a proposed revision to conditional use permits, presented and read. Councilman Wertzberger moved that the communication be referred to the Planning and Zoning Commission for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully, Notice of Claim of Marilyn K. Dix, in the amount of $91.59. for car damages incurred as the result of a ball being driven into the windshield of her ear from the City-owned playground at 14th Street, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Councilman Tully. Notice of Suit of Pamela and Dale Lightfoot vs. Jeffrey Joseph Decker and the City on six counts of $60,000., ~~5~ggO: :;5;~~0;~s~~~'~~0~~ ~~~~~o~~~ I accident at E. 24th and Jackson on Jan- uary 1, 1977, presented and read. Coun- cilman Wertzberger moved that the Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger, Nays-None. Absent - Councilman Tully. Notice of Claim of Mrs. Ronald Red- mond, in the approx. amount of $200., for expenses incurred in the repair of a broken sewer line due to the collapse of a city sewer at intersection of Rosedale and St. Ambrose Streets on Jnly 6, 1977, presented and read. Councilman Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Honorable Mayor and City Council I submit for your consideration a contract for a street maintenanee payment from the State Department of Transportation for the period of July 1. 1977 through June 30,1978. The payment of $4,778.00 is the same amount paid to the city during the previons year. I request that you approve the agreement and authorize me to sign it on behalf of the city. Gilbert D, Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. Communication of Councilman Brady suggesting creation of a residen- tial parking sticker in Downtown Re- sidential Districts, presented and read. Conncilman Wertzberger moved that Yeas - Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Communication of Attorney William R. Bartmann, advising that he has been retained by Richard Jasper et ux of 716 E, 22nd Street, to represent their inter- ests regarding an accident involving their son and seeking compensation in the amonnt of $25,000., presented and read, Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis, Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider amending Zoning Or- dinance of property in Birch Acres. pre- sented and read. No written objections were received and or oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of pnb- lication be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tnlly. AN ORDINANCE amending and changing Zoning Ordinance No, 32-75 so as tn reclassify property in Birch Acres from R-3 Residential to R-2 Re- sidential District Classification was WITHDRAWN by request. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider amending Zoning Or- dinance No. 32-75 of property in Clar- ence Polfer Place Lot I of Sub. of 1 of 1 of I of 1 of 1, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Mayor Stackis, Car- ried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady. Pregler. Wertzberger. Nays-None. Absent - Councilman Tully. OROINANCE NO. 48-77 AN ORDINANCE amending and changing Ordinance No. 32-75 known as the "Zoning Ordinane and Zoning Map of the City of Dubuque. Iowa". so as to reclassify hereinafter described proper- ty in "Clarence Polfer Place" in the City ',~,-"> ,'-"..."_....._".~'<>"", '" 376 Special Sessjon, July 18, 1977 Special Session, July 18, 1977 377 of Dubuque, Iowa, from C-3 Arterial Bnsiness Comerical District Classifica- tion to OR-I"a" Office-Residential Dis- trict Classification, said Ordinance hav- ing been previously presented at the Conncil Meeting of June 20, 1977, presented for final adoption. ORDINANCE NO. 48-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DESCRIBED PROPERTY IN "CLARENCE POLFER PLACE" IN THE CITY OF DUBUQUE, IOWA, FROM C-3 AR- TERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION TO OR-1"a" OFFICE-RESIDENTIAL DISTRICT CLASSIFICATION NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque. Iowa: Section 1. That Ordinance No. 32-75. known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "C-3 Arter- ial Business Commerical District" clas- sification to "OR-I"a" Office -Residen- tial District" classification the following described real estate: Lot 1 of the Sub of Lot 1 of Lot I of Lot I of Lot I of LoU in "Clarence Polfer Place" in the City of Dubuque, Iowa, Section 2. That the foregoing amend- ment has heretofore been approved by the Pianning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 18th day of July. 1977. Emii Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Len F, Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July, 1977. Leo F. Frommelt City Clerk It7:21 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Mayor Stackis, Carried by the foilowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. ' Absent - Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 to classify recently annexed terri- tory described as Lot 20 and 21 of "Jaeger Heights" and Lot 2 of the Sub. of Lot 2 of Lot 2 in "Schrup's Subdivi- sion in Section I Table Monnd Twp. in an "R-2 Residential District Classifica- tion", presented and read. No written objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the Hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. ORDINANCE NO. 49-77 AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning OrdInance and Zoning Map of the City of Dubuque, Iowa", which amendment shall zone and classify hereInafter described territory recently annexed to the ClIy of Dubuque, Iowa, in "Jaeger Heights" and "Schrup's Subdivision" In an R-2 Residential District Classification, said Ordinance having been previously presented and read at the Council Meeting ofJune20, 1977, presented for final adoption. ORDINANCE NO. 49-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA, WHICH AMENDMENT SHALL ZONE AND CLASSIFY HEREINAFTER OESCRIB,ED TER- RITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, IN "JAEGER HEIGHTS" AND "SCHRUP'S SUBDIVISION", IN AN R-2 RESIOENTIAL DIS. TRlCT CLASSIFICATION WHEREAS, the real estate herein- after described was recently annexed to. and became part of the City of Dubuque, Iowa, by Resolution No, 113-77 of the City Council. passed. ap- proved and adopted at its meeting of April 18. 1977, which annexation was upon voluntary petition. and WHEREAS, the Planning and Zoning Commission of the City of Dubuque. Iowa, has approved and recommended that said territory recently annexed and hereinafter described be 'zoned and cla"ified as an "R-2 Residentiol District," NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No, 32-75. known os the "Zoning Ordinance and Zoning Map of theCity of Dubuque. Iowa", be and the same is hereby amended by zoning and classifying recently annexed territory hereinafter described. as an "R-2 Residential Dis- trict"to wit: Lot 20 and Lot 21 of "Jaeger Heights"; and Lot 2 of the Sub of Lot 2 of Lot 2 in "Schrup's Subdivi- sion" in Section 1 Table Mound Township, in the City of Dubuque, Iowa, Section 2. That the said territory shail become and be part of the 24th Voting Precinct of the City of Dubuque, Iowa, Passed. approved and adopted this 18th day of July. 1977, Emil Stackis Mayor Richard Wertzberger James E, Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July 1977. Leo F, Frommelt City Clerk 1t7:21 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler, Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays- None. Absent - Councilman Tully. Proof of Publication. certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No, 32-75 to reclassify Lots 9 through 19 of "Jaeger Heights Subdivision". Section I. Table Mound Township, from R-4 Re- sidential District Classification" to R-2 Residential District Classification." pre- sented and read, No wdtten objections were filed and no oral objccto",s were present in the Council Chamber at the time set for hearing. Councilman Wertzberger moved that the proof 01 publication be received and filed, Seconded by Pregler, Yeas - Mayor Stack is. Councilmen Brady, Pregler. Wertzberger. Nays - None. Absent - Councilman Tuily, Proof of Publication. certified to by the Publisher. of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 to reclassify Lots 9 through 19 of ",Jaeger Heights Subdivision". Section I. Table Monnd Township, from "R-4 Re- sidential District Classification" to "R-2 Residential District Classification." pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for hearing, Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the foilowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None, Absent - Councilman Tully. ORDINANCE NO. 50-77 AN ORDINANCE amending and changing Ordinance No. 32-75. known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa". so as to reclassify hereinafter described property in "Jaeger Heigbts Subdivi- sion" in the City of Dnbuque, Iowa, from R-4 Residential District Classifica- tion to R-2 Residential District Clas- sification. said Ordinance having been previously presented and read at the Council Meeting of .June 20, 1977. pre- sented for final adoption. ORDINANCE NO. 50-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDINANCE AND ZONINC MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DESCRIBED PROPERTY IN "JAEGER HEIGHTS SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA, FROM R-4 RESIDENTIAL DISTRICT CLASSIFICATION TO R-2 RE. SIOENTIAL DISTRICT CLASSIFICATION NOW THEREFORE BE ORDAINED BY THE City Council of the City of Dubuque. Iowa: Section 1. That Ordinance No, 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa," be and the same is hereby amended by changing from "R-4 Re- sidential District" classification to "R-2 Residential District" classification the following described .-eal estate. to wit: Lots 9 through 19 of "Jaeger Heights 378 Special Session, July 18 1977 Subdivision", Section 1, Table Mound Township, in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa, Passed. adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E, Brady WalterA. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July. 1977. Leo F, Frommelt City Clerk It7:21 Councilman Wertzberger moved final adoption of the Ordinance, Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays - None. Absent - Councilman Tully. AN ORDINANCE authorizing Lloyd S. Gudenkauf to constrnct an 8" rein- forced concrete wall between Adair and Dexter St.; hold City harmless. present- ed and read. Lloyd S. Gudenkauf spoke to the Ordinance, Mayor Stackis moved to table the Ordinance to the meeting of August I, 1977. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. ORDINANCE NO. 51-77 AN ORDINANCE authorizimg Paul Peckosh to constrnct an ornamental Iron Fence. presented and read, Coun- cilman Pregler moved that the reading just had be considered the first reading of the Ordinance, Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilman Tully. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meetintg when final action is taken. be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. ORDINANCE NO. 51-71 AN ORDINANCE AUTHORIZING PAUL PECKOSH TO CONSTRUCT AN ORNAMENTAL IRON FENCE NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque. Iowa: Section 1. That Paul Peckosh as owners of the premises known as Lot 3 and E, 30 ft, of Lot 4. both of sub-div. of Lots 2 and 3 of Mrs. LH. Langworthy's sub-div. of part of Mineral Lot 73 in the City of Dubuque, Iowa be and they are hereby granted the revocable permit and authority to construct and main- tain an ornamental iron fence 100 feet in length under the terms and condi- tions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by City Manager, under the supervision and direction of the Man- ager and in accordance with all ap- plicable state and federal laws and regulations and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence. location, installation, construction or mainten- ance of said ornamental iron fence; b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location. instal- lation. existence. construction or main- tenance, of said ornamental iron fence, sustained by any person or persons, caused by accident or otherwise. to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location. installation, existence, construction or maintenance of an ornamental iron fence and to pay reasonable attorney fees therefor: c) To indemnify and hold City of Dubuque free and hannless from any and all claims, loss, liability and ex- pense for injuries to third persons or damages to property of third persons, or for damage to any property of City of Dubuque which may occur as a result of or in connection with the location, Special Session, July 18, 1977 379 installation, construction, maintenance and repair of the facility, work or im- provement pennitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittes further agreement that should the right and privilege herein granted by rescinded or revoked by the City Council, permittees, or their suc- cessors in interest. as owners of the abutting property, shall within ten (10) days after receipt or written notice from the City Manager, so to do at their own expense, remove said ornamental iron fence and in the event of their failure so to do, the City of Dubuque shall be authorized tn remove said ornamental iron fence. at permittees expense and dispose of same, and the permittees shall have no claim against the City or Its agents for damages resulting from the removal of said ornamental iron fence. Section 5. Permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location. con- struction repair or maintenance of said facility and said permittee hereby covenant and agrees not to a assert such claim or defense against the City of Dubuque in the event of claim as- serted for personal injuries and:or property damage against the permittee arising out of or in any connected with the location installation construction design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights her- eunder accrue to Paul J, Peckosh when this Ordinance has been adopted by the City Council and the tenns and condi- tions thereof accepted by permittees by acceptance endorsed on this Ordinance, Passed, approved and adopted this 18th day of July. 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 51-77 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 51-77 hereby, for themselves, their successors or assigns. as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements ther- ein contained to by performed by permittees. Dated July 12, 1977 By: : Paul J. Peckosh Property Owner Published officially in the Telegraph Herald Newspaper this 21st day of July, 1977 LeoF. Frommelt City Clerk It7:21 Councilman Pregler moved final adoption of the Ordinance, Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays - None, Absent - Councilman Tully. ORDINANCE NO. 52-77 AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, be amended by revising Subsection 21 and Subsection 41 of Section 25-209 of said code; providing that vehicles stop before entering those streets or parts of streets designated as throngh streets, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance, Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler. Wertzberger. Nays - None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilmen Tully. OROINANCE NO. 52-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING SUBSECTION 21 AND SUB- SECTION 41 OF SECTION 25-209 OF SAID CODE: PROVIDING THAT VEHICLES STOP BEFORE ENTERING THOSE STREETS OR PARTS OF STREETS DESIGNAT- ED AS THROUGH STREETS NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That Subsection 21 and Subsection 41 of Section 25-209 of the --~- 380 Special Session, July 18, 1977 Special Session, July 18, 1977 381 Code of Ordinances. of the City of Dubuque, Iowa. be amended so that 'uch subsections ,hall read as follows: "Sec. 25-209 (b) When signs are erected giving notice thereof, drivers of vehicles shall stop at every intersectIon before entering any of the follow- ing streets which are designated as through streets: 21. Kerper Blvd. from East Ninth Street to the Sonth property line of Hawthorne Street. 41. East Sixteenth Street from Elm Street to the we,t property line of Kerper Blvd., and from the east proper- ty line of Kerper Blvd, to itsEasterly terminus." Pa,"ed. approved and adopted thi, 18th day of July, 1977, Emil Stackis Mayor Richard Wertzberger James E, Brady Walter A, Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Published officIally In the Telegraph Herald Newspaper this 21st day of July, 1977. Leo F. Frommelt City Clerk 1t7:21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilman Tully. ORDINANCE NO. 53-77 AN ORDINANCE of the City of Dnbuque, Iowa, providing that the Code of Ordinances, City of Dubuqne, Iowa, be amended by revising Section 25-162 of said code; providing that heavy vehi- cles be prohibited on certain streets. presented and read. Mayor Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None, Absent - Councilman Tully. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Wertzberger, Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger, Nays - None. Absent - Councilman Tully. ORDINANCE NO. 53-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-162 OF SAID CODE: PROVIDING THAT HEAVY VEHICLES BE PROHIBITED ON CERTAIN STREETS NOW THEREFORE BE IT ORDAI- NED BY THE City Councllofthe City of Dubuque. Iowa: Section 1. That Section 25-162 of the Code of Ordinances of the City of Dubuque, Iowa. be amended to provide that: Sec. c. 25-162. Heavy vehicles prohibited on certain streets. (a) When signs are erected giving notice thereo~ no person shall operate a vehicle of five (5) tons gro," weight, or over, on those streets or portions ther- eof designated from time to time, ex- cept those vehicles actually engaged in making deliveries to or servicIng such streets and the businesses. residences or other establishments actually abutting on such streets. (b) When signs are erected giving notice thereof no person shall operate a vehicle of five (5) tons gross weight, or over, on the following streets or portions of streets thereof, I. Grandview Avenue from Mt. Car- mel to Kane Street. 2. Kelly Lane from Fremont Avenue to its easterly terminus, (c) Intra-city buses are exempted from the provisions hereof." Passed, approved and adopted this 18th day of July, 1977 EmilStackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-None, Absent - Councilman Tully. RESOLUTION NO. 267-77 Approving a Plat of a Portion of a Vacated Alley WHEREAS, the City of Dubnqne has vacated a portion of a certain alley to prepare the land for sale and WHEREAS, a Lot subdividing that certain alley into Lot 30A South Park- hill, Lot 22A South Parkhill, Lot 1 A, Lot 2A, Lot 3A, Lot 4A and Lot 5A, all of EI-Ru Place In the City of Dubuque, Iowa has been examined by the City Council of the ClIy of Dubuque, Iowa; NOW THEREFORE BE IT RESOLVED BY THE City Council of the City of Dnbuque, Iowa: Section 1: That the Plat dated July 12, 1977. prepared by John L White, A Registered Land Surveyor, subdividing the following described property into Lots 30A and 22A of South Parkhill Subdivision. and Lots IA. 2A. 3A, 4A, and 5A of EI-Ru Place all in the City of Dubuque, Iowa, being the same is her- ebyapproved: A 16-foot wide alley from the North property line of Putnam Street to the South property line of 28th Street of the El-Ru Place and South Parkhill Place in theCity of Dubuque, Iowa, abutting the West and East property lines of EI-Ru Place Subdivision and South Parkhill Subdivision. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized and directed to execnte said Plat on behalf of the City of Dubuque, Iowa: Section 3: That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the County Recorder in and for Dnbuque County, Iowa. Passed, approved and adopted this 18th day of July, 1977 Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of July, 1977, ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Leo F, Frommelt City Clerk 1t7:21 Mayor Stackis moved final adoption of the Ordinance. Seconded by Council- Nays-None. Absent - Councilman Tully. AN ORDINANCE vacating a 16' wide alley running from N.P.L. of Putnam street to the S.P.L. of 28th Street within the El-Ru Place and South park Hill Subdivisions. presented and read. Mayor Stackis moved that a public hearing be held on the Ordinance. after publication of notice of sale, on August I, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 12. 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the Preliminary Develop- ment Plan submitted by HOMZ Partners of Maùison Wisconsin, for their Planned Unit Development propo- sal. The ten acre HOMZ project site lies north of Hogrefe Street west of Sher- idan Road in the City of Dubuque, Iowa. and is depicted on the attached map. The City Planning and Zoning Com- mission has confirmed that the HOMZ Partners proposal for a 48 unit develop- ment conforms to and meets the requirements of the General Review Standards Applicable to Prelininary Development Plans of Section 4-110-.10-.4 of the Zoning Ordinance and thereby recommends your favora- ble action in concurrence with their recommendations. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed and recommendation approved. Seconded by Councilman Wertzberger. Carriedby the following vote: Yeas - Mayor Stack is. Councilmen Brady. Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. AN ORDINANCE of theCity of Dubuque, Iowa. providing that the Code of Ordinances. City of Dubuque, Iowa. be amended by revising Appendix A thereof, also known as the "Zoning Ordinances and Zoning Map of the City of Dubuque, Iowa", which amendment shall establish a "Planned Unit Development" designation on property hereinafter described lying in an R-4 382 Special Session, July 18, 1977 Residential District on portions of Min- erai Lot 323, Mineral Lot 324, and O'Neill's Riverview Addition in the City of Dubuque, Iowa, presented and read. Mayor Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-None. Absent - Councilman Tnlly. Mayor Stackis moved that the rule requiring an ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man, Pregler. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent- Councilman Tully. Mayor Stackis moved that a public hearing be held on the Ordinance on August 15. 1977, at 7:30 o'clock P.M, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required hy law. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. Petition of Lyie Lattner et al (22 signers) objecting to the widening of University Avenue, presented and read, Mr. and Mrs. Lattner spoke to the Petition, Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady. Pregler, Wertzberger. Nays-None, Absent - Conncilman Tully. Petition of James A. Weber et al ob- jecting to the widening of University Avenue, presented and read. Mr. Weber and Dorothy Dell spoke to the petition reqnesting agreement not to change University Ave. to 4 lane street and not to remove parking from either side, The Council could see no such changes in the foreseeable future. Councilman Pregler moved that the petition be received and filed, Seconded hy Coun- cilman Wertzberger. Carried hy the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays - None. Absent - Councilman Tully, Petition of Wm. J. Krueger et al (9 signers) requesting a street light on Foye Street, presented and read, Coun- cilman Wertzberger mnved that the petition be received and filed. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 12, 1977 Honorable Mayor and City Council This is in response to a petition on file with the City Clerk's office for a street light across from 22B9 Foye Street. The area has been inspected and it is my ¡recommendation that one (1) 4000 lumen incadescent fixture be instalied opposite 2289 Foye at the alley. A copy of Electrical Inspector Alber's letter and a plat of the area are enclosed, Gilbert D. Chavenelle City Manager Councilman Wertzherger moved that the recommendation be approved. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays - None. Absent - Councilman Tully. Petition of Tri-State Softball Tour- nament reqnesting a refund of $225. on unexpired portion of Class "B" Beer Permit No, B-2430-77, presented and read. Councilman Wertzberger moved that the refnnd be granted and City Auditor directed to issue proper war- rant. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays - None. Absent - Councilman Tnlly. Petition of St. Patrick's Chnrch requesting a refund of $225., on the unexpired portion of Beer License No. B-1953-77, presented and read. Council- man Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Petition of James R. Mcintyre requesting a refnnd of $100 on an un- used cigarette license, presented and Special Session, July 18, 1977 383 read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper war- rant. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of proposals for construc- tion of 1977 Curb Replacement Project. presented and read, Conncilman Wertzberger moved that the proof of pubiication be received and filed. Seconded by Councilman Pregler. Car- ried by the foliowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger, Nays - None, Absent - Councilman Tully. July 13, 1977 To the Honorable Mayor and City Council Pursnant to yonr instructions sealed proposals were reqnested for the 1977 Curb Replacement project on Jnly II. 1977. I regret to inform you that we did not receive any bids on the project. I do feel, however, that there is con- tractor interest in the project and would recommend that we rebid the project, Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that recommendation for rebid be approved. Seconded by Councilman Pregler. Car- ried by the fnliowing vote: Yeas Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilman Tuliy. Proof of Publication. certified to by the Publisher, of Notice to Contractors of Receipt of Proposals for construction of Pedestrian Cnrb Ramps, presented and read, Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Pregler, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays-None. Absent - Councilman Tully. July 12. 1977 To the Hnnorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m" D,S.T" Monday, July II, 1977for Pedes- trian Curb Ramps. The lowest bid was entered by Tri- State Paving, Division of Dnbuque Stone Products Company. Dubuque. Iowa. The bid was $14,477.90 which is 8.43% above the Engineer's Estimate. I recommend that the contract be awarded to Tri-State Paving, Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: , Yeas - Mayor Stackis, Conncilmen Brady, Pregler. Wertzberger. Nays - None. Absent - Councilman Tully, (Awarding Contract) RESOLUTION NO. 266-77 WHEREAS, sealed proposals have been snbmitted by contractors for the construction of Pedestrian Cnrb Ramps pursuant to Resolution No. 234-77 and notice to bidders published in a new- spaper published in said City on June 27, 1977 and WHEREAS, said sealed proposals were opened and read on July II, 1977, and it has been determined that the bid of Tri-State Paving, Division of Dnbuqne Stone Prodncts Company of Dubuqne, Iowa in the amonnt of $14,477.90 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED BY THE City Council of the City of Dubuqne that the contract for the above mentioned im- provement be awarded to Tri-State Paving, Division of Dubuqne Stone Products Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to retnrn the bid deposits of the unsnccessful bidders. Passed, and adopted this 18th day of July, 1977. EmilStackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by 384 Speciaj Session, July 18 1977 Councilman Pregler. Carried by the fol- lowing vote: I Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. I Noys - None. Absent - Councilman Tully. Petition of Elinor Ann Cody Ginder et al requesting annexation to the City, property abutting Ramada Inn proper- ty, presented and read. Councilman Pregler moved that the annexation request be approved. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. RESOLUTION NO. 269-77 WHEREAS, the owners of an area approximately 2.37 acres in size lying on the south side ofU.S, Highway #20 and immediately east of the Ramada Inn and adjacent to the existing city limits of the City of Dnbuque, Iowa, now voluntarily petition the City Council for annexation of their property to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City ofDubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secnre water, sewer and other municipal services if incorporated within the City limits of the City of Dubuque. Iowa; and WHEREAS, Chapter 368 of the Code of Iowa authorizes the extension of city limits in sitnatinns of this character by the adoption of a resolution; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dnbuqne. Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended to include the area comprising the following described real estate, to-wit: Lot I of lot 18, lot I of lot 19. in Center Gove; and lot I of lot 2 of lot I of lot I of lot 2 of lot I of Mineral Lot 244; and lot 2 of lot 2 of iot 1 oflot 1 oflot2 oflot I of Mineral Lot 244; in Dubuque Township, Dnbuque County, Iowa, according to the recorded Plat thereof, EX- CEPT the portion thereof conveyed to the State of IOwa in Warranty Deed, recorded in Book of Lands 53, page 660, et seq.. records of Dubuque County, Iowa, together with any and all rights to access to and from U.S. Highway 20 and sub- ject to highway and easements of record. The property to be annexed is as shown on the plat marked EXHIBIT A attached hereto and by this reference made a part hereof, the bonndaries of said area being outlined in red thereon. Section 2. The territory hereby an- nexed shall become a part of the Nine- teenth Voting Precinct to the City of Dubuque, Iowa. Section 3. The undersigned, Warner R. Wright, civil engineer and land sur- veyor, hereby certifies that the property herein described in Section I above is contiguous to the existing city limits or corporation lines of the City of Dubuqne, Iowa, as shown on the plat attached hereto as EXHIBIT A. Warner R. Wright Civil Engineer and Land Surveyor, Cert. No. 4850 Passed, approved and adopted this 18th day of July, 1977 Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pnblic Hear- ing on how Revenue Sharing Funds are to be used for the Fiscal Year beginning July I, 1977 and ending June 30, 1978. presented and read. No written objec- tions were filed and no oral nbjectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Proof of Publication, certified to by Special Session, July 18, 1977 385 the Publisher, of Amendment to the Current Budget for transfer of cnrrent revenue sharing funds to the Iowa Street Ramp Construction Fund, pre- sented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None, Absent - Councilman Tully. RESOLUTION NO. 270-77 A RESOLUTION amending the Current Budget for the Flsca' Year ending June 30,1978 (as amended last on 1st Amendment, BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. Following notice published Jnly 8, 1977, and the public hearing held July 18, 1977, the current budget (as previously amended) is amended as set out herein: Section 2. The cash balances and revenues estimates are amended as follows: Revenue Sharing New available balance $651.426 Now total revenne estimate $1.663,426 Section 3. The following changes (transfers of appropriations between programs, and increases in total appro- priations are hereby authorized: Home and Community Environment from $10,859,075 to $ll,413,035. Passed this 18th day of July, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommeit City Celrk I hereby certify the above transac- tions to be a true copy of the proceed- ings of the City Council and the Re- solutions passed in the above matter. July 19, 1977. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Conn- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. RESOLUTION NO. 271-77 Authorizing PublIcatIon of Notice of Environmental Review Findings for Certain Community Develop- ment Block Grant Projects WHEREAS, the City of Dnbuque under date of May 10, 1977 entered into Grant Agreement B-77-MC-19-0004 with the u.s. Department of Housing and Urban Development. providing for financial assistance to the City under Title I of the Housing and Community Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the u.s. Department of Housing and Urban Development, environmental reviews have been processed for the projects hereinafter to be described to be fin- anced with Community Development Block Grant Funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED BY THE City Conncil of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No Sig- nificant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for each of the said projects available for pnblic inspection. Such notice shall be in the form of Exhibit "A" attached, hereto and made a part hereof. Acquisition of site for relocation of Fire Engine House I from 18th and Central to area bounded by city limits on north, White Street on the east, 30th Street on sonth and Lemon Street on west. Section 2. That the City of Dubuqne hereby declares its intent to adopt a resolntion at its first meeting after Aug. 5, 1977, authorizing the submission of a request to the U.S. Department of Housing and Urban Development for the release of fnnds anthorized under Title I of the Housing and Commnnity Development Act of 1974, to nndertake the projects. Passed,' approved and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "An PUBLIC NOTICE Pursuant to the environmental -,---_.""."-">-~o..~""."" ,,'L-"""-""~"~~,~ 386 Special Sessjon, July 18, 1977 Sþecial Session, July 18, 1977 387 procednres for the Community Development Block Grant Program, the City of Dubuqne has prepared Notices of Finding of No Significant Effect on the Environment for the Projects iden- tified as follows to be nndertaken under Title I of the Housing and Community Development Act of 1974. Acqnisition of site for relocation of Fire Engine House I from 18th and Central to area bonnded by city limits on north, White Street on east, 30th Street on south and Lemon Street on west. The City of Dubnque has found that these Projects have no significant effect on the environment based on the fol- lowing facts and reasons. 1. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. ConsideratIon of alternatives to the Projects, commitment of resources, known views of local groups, measnres which can be instituted to lessen poten- tial adverse impacts and to enhance the environment; 3. No loss of nnique environmental resources. 4. No irreversible development trends; 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties possess- ing historical archaeological, architec- tural or cultural significance. The City of Dubuqne has made an Environmental Review Record for each of the Projects, and has placed these records on file in the office of the City. Clerk in City Hall, 13th and Central Streets, Dnbnqne, Iowa. These environ- mental records are available for ex- amination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays; Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dnbnqne intends to request the U.S. Department of Housing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuqne unit! 12:00 Noon, Friday, Aug. 5, 1977, addressed to Emil Stackis, Mayor of the City of Dubuque. City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and Published July 19. 1977. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution, Seconded by Conncil- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. July 1, 1977 Sec. II, T.88N. R. 2E, of 5th P.M. each being in Table Mound Township, Dubnque Connty, Iowa. and WHEREAS, said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 18th day of July, A.D., 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A Pregler Councilmen Honorable Mayor and Councilmen The City of Dnbuqne Planning and Zoning Commission has reviewed two final plats of property in the ownership of the Archdiocese of Dnbuqne lying in Section II, Table Mound Township, in Dubuqne Connty, within the jurisdic- tional review limits of the City of Dnbuque, Iowa. A vicinity map showing the subdivisions of the property whIch lies on the south side of Old Highway 151, west and south of Mt. Olivet Cemetery in Key West, is attached for your reference. The Planning and Zoning Commis- sion has voted to endorse the final plats and recommends yonr favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore DirectorofCommnnity Development Conncilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tnlly. RESOLUTION NO. 272-77 RESOLUTION Approving Plat of the Subdivision of Lot 1-1-1 NW'I. - SE'Io, Sec. 11 T.88N. R.2E. of 5th P.M. and the SubdivIsion of Lot 1-1-1 SW'~-SE'~, T.88N. R. 2E. of 5th P.M. and the Sub- division of Lot 1-1-1-1-1-1 SW'I., Sec. 11. T.88N. R.2E of 5th P.M.; each being in Table Mound Township, Dubuqué County, Iowa. WHEREAS there has been filed with the City Clerk a plat in which the Sub- division of Lot 1-1-1 NW%-SE%, Sec. II, T.88N. R. 2E. of 5th P.M. and the Sub- division of Lot I-I-I-SW% -SE%,Sec.II, T.88N. R2E. of 5th P.M. and the Sub- division of Lot 1-1-1-1-1-1 SW'~, Sec. II, T.88N.. R.2E. of 5th P.M.; each being in Table Mound Township Dubuqne County, Iowa is platted as: Lot I and Lot 2 each of the Snbdivi- sion of Lot 1-1-1 NW%, SE%, Sec. II, T.88N. R.2E of 5th P.M. and Lot I and Lot 2 each of the Snbdivision of Lot 1-1-1 SW% SE%, Sec. II, T.88N. R.2E of 5th P.M. and Lot I andLot2 each of the Snbdivision of Lot 1-1-1-1-1-1 SW %, ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Conncilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent- Councilman Tully. RESOLUTION NO. 273-71 RESOLUTION Approving Plat of the Subdivision of Lot 1-1-1-1 of NW'I.-SE'I. Sec. 11. T.88 N. R.2 of 5th P.M. and of the SubdivIsion of Lot 1-1-1-1 SW'I. -SE'~ Sec. 11, T.88N.R.2E. of 5th P.M. each being In Table Mound Township, Dubuque County, Iowa. WHEREAS there has been filed with the City Clerk a plat in which the Sub- division of Lot 1-1-1-1 ofNW%-SE%Sec. II, T,88N., R.2 of 5th P.M. and of the Subdivision of Lot 1-1-1-1 SW%-SE%, Sec. II. T.88 North, Range 2 E. of 5th P.M. each being in Table Mound Town- ship, Dubuque County, Iowa, is platted as: Lot I and Lot 2 of Subdivision of Lot 1-1-1-1 of NW%-SE% Sec. II, T.88 N., R.2eof 5th P.M, and Lot I and Lot 2 of the Subdivision of Lot 1-1-1-1 SW%-SE%, Sec. II, T.88N., R. 2 E of 5th P.M. each being in Table Mound Town- ship, Dubuque County, Iowa, and, WHEREAS said plat has been ex- 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 Dnbuque, Iowa, Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 18th day of July, A.D., 1977, Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler, Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tnlly. June 27, 1977 Honorable Mayor and Conncilmen We herewith transmit the proposed plat of Lots I and 2 of Lot 2 of 2 of 2 of Asbnry Springs Subdivision No.1. The plat proposes to divide one narrow lot fronting on Hillcrest Road into two lots as shown on the attached map. The Commission and Council have wit- nessed similar plats adjoining this property which, like the present plat, have been made for purposes of server- ing the ownership of front and rear portions of large lots each containing a separate fonr-plex residential structure. The properties in qnestion were placed in the R-4 Multiple-Residence District in anticipation of the establishment of a Planned Unit Development on the en- tire porperty. Rather than erect a single planned development, the former owners had received approval to sub- divide the property into three separate lots, each fronting on Hillcrest Road and of snfficient dimension to contain two four-plexes. Like the two prior plats. the plat now before you seeks to re-sub- divide the original lot so that each 388 Special Session, July 18, 1977 Special Session, July 18, 1977 389 four-plex may be held in separate ownership, As a condition of approval of the prior plats. the approval Resolutions con- tained provisions assuring access to the interior lots similar to provisions re- flected in Planned Unit Development agreements. With these agreements in force. the Commission, in this case, and the City Council in prior cases have held that a modification of the Subdivision Regulations is permissible and that the proposed lot-split could be allowed even though the interior lots had no frontage upon a public street. Therefore, the Planning and Zoning Commission has endorsed its approval upon the plat and has recommended your acceptance of the attached Resolution. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Cnmmunity Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. RESOLUTION NO. 274-77 RESOLUTION approving the Plat of Lot 1 and Lot 2 olLot 2 of Lot 2 of Lot 2 of Asbury Springs 'SubdivisIon No.1 in the City of Dubnque, Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Snbdivision to be known as: Lot I and Lot2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. I in the city of Dubnque, Dubnque County. Iowa; WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they flnd that the same conforms to statutes and ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the plat of Lot I and Lot2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. I in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owner of said property herein named, execnte written accep- tance hereto attached, agreeing: a. To execnte an agreement by and between the owners of Lot I and Lot2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No. I in the city of Dubuqne, Dubuque County. Iowa, which will provide: I. That the driveway and parking are located in Asbury Springs Snbdivision No. I, in the city of Dubuque. Dubuque County, Iowa, and as shown upon the Site Plat filed in the office of the Build- ing Commission shall be a private drive and parking area owned by the owners of Lot I and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Asbury Springs Subdivision No, I in the City of Dubuque. Dubuqne County, Iowa; II. That the City may enter said private drive and parking area to per- form such emergency services or other services or duties which it may be ob- ligated by law to perform on the premises; III. That the City may enter the private drive and common parking area and perform necessary maintenance when the property owner fails to do so and assess all cost equally to the owners of Lot I and Lot2 ofLot2 ofLot2 of Lot 2 of Asbury Springs Subdivision No. I. Section 2. That in the event Gerald E. Henkel and Shirley A. Henkel, husband and wife, shall fail to execute accep- tance within 45 days after the date of this resolution. the provisions hereof shall be null and void and the accep- tance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll call this 18th day of July, 1977. of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilmen Tully, I Application for Annexation by Frederick C. and Janell Timmermans requesting to annex Lot 2 of 1 of Sub. of Mineral Lot 504 in Section I, Township 88 North, Range 2 East of 5th P.M. containing approx. 0.263 acres, present- ed and read. Councilman Pregler moved that the request for annexation be ap- prnved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. RESOLUTION NO. 275-77 WHEREAS the owners of an area approximately 0.263 acres which is con- tiguous to the City of Dubuque, Iowa do hereby request and petition that the following real estate be annexed to, and be made a part of the City of Dubuque. Iowa, to-wit: Lot 2 of Lot I of Snb. of Mineral Lot 504 in Sec. I T.88 N.R.2 E.of5P.M. and is according to the recorded plat thereof attached. Attached hereto and made a part hereof by this reference is a plat show- ing the above described real estate, WHEREAS, Chapter 368, Code of IOwa (1975) anthorizes the extension of City Limits in situations of this char- acter by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubnque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa, and become part of the Thirteenth Voting Precinct. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the above described real estate. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 274-17 We, the undersigned, Gerald E. Hen- kel and Shirley A. Henkel husband and wife, having read the terms and condi- tions of the foregoing Resolution No. 274-77, and being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein, Dated at Dubuque, Iowa, this 22nd day of July, 1977. Gerald E. Henkel Shirley A. Henkel Conncilman Pregler moved adoption ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 12, 1977 Honoralbe Mayor and Councilmen The City Council has recently spon- sored an application to the Iowa Con- servation Commission requesting sup- plementary federal assistance on the proposed Avon Park. We are pleased to advise you that the Conservation Com- mission has recently approved that as- sistance through the Land and Water Conservation Fund in the amount of $22,805. The Conservation Commission has forwarded a Project Agreement. We have attached copies of that agreement, together with a Resolution authorizing the Mayor to endorse it on behalf of the City of Dubuque. We respectfully request your approval of the Resolution. Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed, Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger, Nays-None, Absent - Councilman Tully. RESOLUTION NO. 276-77 A RESOLUTION authorizing and Di- recting the Mayor to act on behalf of the City of Dubuque, Iowa, by accepting a project agreement for Federal Finan- cial Assistance through the Land and \Ÿatër Conservation Fund for a Pro- posed Avon Park Prolect. WHEREAS, the City Council of the City of Dubuque, Iowa, has made ap- plication to the Iowa Conservation Commission for federal financial assis- tance through the Land and Water Conservation Fnnd for a proposed Avon Park project; and, WHEREAS, the Iowa Conservation Commission has approved said applica- tion for federal financial assistance in the amount of $22,805, and has trans- mitted a proposed Project Agreement for the above named project, NOW THEREFORE BE IT RE- Nays - None. Absent - Councilman Tnlly. RESOLUTION NO. 277-77 A RESOLUTION directing the Transfer of Community Development Block Grant Funds from the Contingency Fund to the Adult Day Care Center Project NOW THEREFORE, BE IT RE- SOLVED BY THE City Conncil of the City of Dubuqne, Iowa: Section 1. That an amount not to exceed Three Thousand Five Hundred Ddollars ($3,500.00) shall be transferred from the Fiscal Year 1978 Community Development Block Grant Contingency Fund for the pnrpose of securing the award of a constrnction contract for the Adult Day Care Center project. Section 2. That the foregoing transfer of funds has heretofnre been approved by the Commnnity Development Commission. Passed, approved and adopted this 18th day of Jnly, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen 390 Special Session, July 18 1977 Special Session, July 18, 1977 391 SOLVED BY THE City Council of the City of Dubnqne, Iowa: Section 1. That the Mayor be and he is hereby authorized and directed to endorse the attached Project Agreement for federal cost-sharing through the Land and Water Conserva- tion Fund for and on behalf of the City of Dubuque, Iowa. Passed, adopted, and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Conncilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis, Carried by the foilowing vote: Yeas ~ Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays-None. Absent - Councilman Tnlly. Communication of Dubuque Area Project Concern requesting approval granting an additional $3500 to cover the cost of adaptation of the lower level of St. John's Episcopal Church to be used as an Adult Day Care Center, pre- sented and read. Conncilman Wertz- berger moved that the commnnication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 12, 1977 Honorable Mayor and City Council Attached please find a resolntion authorizing transfer of $3,500 from the FY 1978 Contingency Fund to the Adult Day Care Center Project. This is in addition to the $7,000 already granted to the project. Upon approval of this resolution by the City Council we shall approve a constrnction contract in the amount of $10,500 for the City's portion of the Adult Day Care Center Project. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolntion. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Jnly 12. 1977 Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. RESOLUTION NÒ. 278-77 Authorizing Pubilcatlon of Notice of Public Hearings for the Purpose of Amending Use of Community Development Block Grant Funds under Grant Agreement B-77-MC-19-0004 Dated May 10,1977 WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Commnnity Development Act of 1974 to certain Commnnity Block Grant fnnds; and WHEREAS, the regulations govern- ing the submission of an application, the development of such application, and in the development of any revisions, changes or amendments reqnire that citizens be provided with adeqnate in- formation concerning the Community Block Grant Program; and WHEREAS, it is deemed to be in the best interests of the Community Block Grant Program to hold certain public hearings to supplement meetings held by the Commnnity Development meet- ings held by the Commnnity Develop- ment Commission; now therefore BE IT RESOLVED BY THE City Council of the City of Dubnque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearings in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 18th day of Jnly, 1977. EmilStackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Conncilmen Honorable Mayor and City Council I present to yon a resolntion and public notice for the appropriation of $60,000 Block Grant Funds for the relocation of sewer and water lines at the Civic Center. According to Mr. Dittemore, this transfer of funds can be accomplished through loacal option that an amend- ment to the Grant Agreement need not be submitted to HUD for approval. This was confirmed by Mr. Larry Heeren, HUD, Omaha, on June 8,1977. Also attached is a timetable indicat- ing the steps to be taken and the time frame involved, Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Conncilman Brady, ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" Public Hearings Pursuant to Title I of the Housing and Commnnity Development Act of 1974, the City Council will hold two public hearings for the purposes of obtaining the views of residents of the City on the amending of Community Development Block Grant Agreement B-77-MC-19-0004 dated May 10, 1977 to provide sixty thousand dollars ($60.000.00) for the relocation of water mains and sanitary sewer lines in the Urban Renewal Land Area. A copy of Grant Agreement B-77-MC-19-0004 dated May 10, 1977 and the proposed relocation plans are on file and available at the Department of Community Development, 480 Fischer Building, Dubuque, Iowa between the hours of 8:00 a.m. and 5:00 p,m., except Saturdays, Sundays and holidays. Additional information con- cerning the Community Development Block Grant Program may be obtained from Dan Dittemore or John Grauofthe Department of Commnnity Develop- ment (319-557-1930). The Pnblic Hearings will be held in City Council Chambers, City Hall, 13th and Central Streets Dubuque, Iowa at 7:30 p,m. both on August I, 1977 and August 15, 1977. Any person or organ- ization desiring to be heard will be given an opportnnity to express their views on this amendment. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Conncilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Jnly 12, 1977 To the Honorable Mayor and City Council With construction of the Five Flags Civic Center it will be necessary for the City to relocate a 20" water main and a 10" sanitary sewer line. These ntility lines are now located in the alley between Main Street and Locust Street. The estimated cost for these relocations is $60,000. Cost of the relocation of these lines is not included in the Five Flags budget. Since the lines are in the designated nrban renewal area and the im- provements will be made in the urban renewal section, the expenditure for the relocations may be financed from Com- munity Development funds, Therefore. we would ask the Coun- cil's conCUITence in giving its author- ization to proceed with the necessary procedures for financing these im- provements with Commnnity Develop- mentfunds. Gilbert D. Chaveneile City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. 392 Special Sessjon, July 18, 1977 Nays - None. Absent - Councilman Tully. Communication of City Manager submitting Plans and Specs for con- struction of Five Flags Civic Center and Resolutions pertaining to Project, pre- sented and read. Councilman Wertz- berger moved that the commnnication and project be tabled to the Council Meeting of August I, 1977. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 12, 1977 Honorable Mayor and Members of the City Council Since September 8, 1975, the City of Dubuqne has acted as program agent for a Pnblic Service Employment Pro- gram under Title II of the Comprehen- sive Employment and Training Act. The Department of Labor and the State of Iowa have allocated an additional $115,000 to the City of Dubuque for the operation of this program. You are requested to pass a resolution which will allow the mayor to sign the contract modification for the additional funds. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Wertzberger. Nays - Councilman Brady. Absent - Councilman Tully. RESOLUTION NO. 279-77 RESOLUTION authorizing the Mayor to sign a con tact lor the Administration and Operation of a Public Service Em- ployment Program under Title II of PL 93-203. WHEREAS. the Federal Government has enacted the Comprehensive Em- ployment and Training Act Title II and has made funds available to hire unem- ployed peopie; and WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has designated the City of Dubuque as Program Agent; and WHEREAS, previously the City of Dubuque has been allocated $392,641.00 under this program; and WHEREAS, additional funds in the amount of $115,000.00 have been al- located to the City of Dubuqne for the purpose of extending the Public Service. Employment Program in the communi- ty; and WHEREAS, it is required of the City, as Program Agent, to snbmit a modification of its present employment plan and contract with the Iowa State Office for Planning and Programming: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa that the Mayor is authorized to sign the Contract for Public Service Employment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 18th day of July,1977. EmilStackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Conncilman Wertzberger moved adoption of the Resolution, Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Wertzberger. Nays - Councilman Brady. Absent - Councilman Tully. July 11, 1977 Honorable Mayor and Memhers of City Conncil At the regular Community Develop- ment Commission meeting held on Tuesday, June 28,1977 staff submitted a detailed report on the statns of projects authorized by City Council to be funded with Block Grant Fnnds. A matter of concern expressed by the membership related to the Main Street Lighting Program. While the Commis- sion fully nnderstands the ramifications inherent in a lighting program such as is to be undertaken, the Commission re- spectfnlly asks that the Council take definitive action to alleviate the condi- tions as they now exist. It was felt that continued decision-making delays will fnrther postpone a needed improvement until next spring, thus inhibiting future planning for the area in the interim. Don Meyers Chairman Community Development Commission Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Wertzberger. Nays - Councilman Pregler. Absent - Councilman Tully. Special Session, July 18, 1977 393 July 6, 1977 To the Honorable Mayor and City Council I hereby submit the plans and specifications for Main Street Lighting from First Street to Fourth Street. The project is to be paid for ont of Community Development Funds. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed, Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Wertzberger. Nays - Councilman Pregler. Absent - Councilman Tully. RESOLUTION NO. 280-77 Preliminary Estimate for construc- tion of Main Street Lighting from First to Fonrth Street, in the amount of $69,465.37, presented and read. Council- man Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Wertzberger. Nays - Councilman Pregler. Absent - Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 281-77 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa. and are now on file in the office of the City Clerk showing among other things the following: (I) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Main Street Lighting from First Street to Fourth Street. BE IT THEREFORE RESOLVED THAT THE City Council on its own motion, deems it advisable and neces- sary for the public welfare to make the herein mentione6 improvement. and unless property owners at the time of the final consideration of this proposed resolution have on file with -thó City Clerk. objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said- improvement will be paid from the Community Development Block Grant Fund, The above resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of July, 1977. Approved and placed on file for final action. Emil Stackis Mayor Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F, Frommelt City Clerk Councilman Wertzberger moved ap- proval of the Resolntion. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Wertzberger. Nays - Councilman Pregler. Absent - Councilman Tully. (Fixing Date of Hearing) RESOLUTION NO. 282-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the construction of the Main Street Lighting from First Street to Fourth Street. BE IT THEREFORE RESOLVED that on the 1st day of August 1977, a pnblic hearing will be held at 7:30 P.M. in the Conncil Chamber of the City of Dubuqne at which time the objectors for the proposed improvement may ap- pear and make objection to the prnposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of snch hearing to be published in some new- spaper published in the City of Dubuque which shall be not less than four (4) nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 18th day of July, 1977 Emil Stackls Mayor Richard Wertzberger James E, Brady Councilmen ATTEST: Leo F. Frommelt City Clerk 394 Special Session, July 18, 1977 Conncilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Wertzberger. Nays - Conncilman Pregler. Absent - Councilman Tnlly. July 12, 1977 To the Honorable Mayor and City Conncil The attached agreement provides for the Iowa Department of Transporta- tion's participation in the signalization of 20th Street from Central to Elm. The project involves signalizing the intersection of 20th and Elm Streets, and the interconnection of the signals at Centrai, White, Jackson and the new signals at Elm Street. The system will be programmed to respond to the different traffic demands throughout the day, The project will be financed 70% by Federal Aid to Urban Systems fnnds, 30% hy local Road Use Tax funds. The latest construction estimate is $42,191.99. I would recommend that we execnte the agreement allowing for the FAUS participation in the project. Gilbert D. Chavenelle City Manager Conncilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Conncilman Tnlly. RESOLUTION NO. 283-77 Resolution authorizing execution 01 Agreement 8etween City of Dubuque, Iowa and Iowa Department of Tran- sportation relating to the Signalization of 20th Street from Central to Elm. That the Mayor and City Clerk be and they are hereby authorized and directed to execute agreement number 77-F-095 with the Iowa Department ofTranspor- tation, two copies of which are at- tached, relating to the signalization of 20th Street from Central to Elm. Passed, approved, and adopted this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Jnly 8, 1977 To the Honorable Mayor and City Council I hereby snbmit the attached sheet nnmber 1 to 2 inclusive, showing a schedule of the proposed valuations and assessments for the Asphalt Paving of Sunset Ridge Drive from the N.P,L. of Lot 2-1 Mineral Lot 132 to the southerly end ofthe street. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the commnnication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent- Councilman Tully. RESOLUTION NO. 284-77 BE IT RESOLVED BY THE City Council of the City of Dnbuque, Iowa: Section 1. That the attached sheets number I to 2, inclusive, are hereby determined to be the schedule of proposed assessments for the Asphalt Paving of Sunset Ridge Drive from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the southerly end of the street, and the valuations set out therein, are hereby approved. Adopted this 18th day of Jnly, 1977. EmilStackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Conncilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. RESOLUTION NO. 285-77 Preliminary estimate of plans and specs., etc. for construction of Snnset Ridge Drive Asphalt Paving, in the amount of $25,554.69, presented and read. Councilman Wertzberger moved approval of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Special Session, July 18, 1977 395 Nays - None. Absent - Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 288-77 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council 5. An estimate of the cost of the proposed improvement, stating the same for each different type of cnn- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the Snnset Ridge Drive asphalt paving from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the south- erly end of the street. BE IT THEREFORE RESOLVED that the City Council on its own motion or npon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resoln- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived ali objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed npon and against ail privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of July, 1977. Approved and placed on file for final action. Emil Stackis Mayor Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Conncilman Wertzberger moved ap- proval of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tuliy. (Fixing Date 01 Hearing) RESOLUTION NO. 287-77 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 285-77 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pnblic inspection, for the Asphalt Paving on Sunset Ridge Drive from the N.P.L. of Lot 2-1 Mineral Lot 132 to the sontherly end of the street, and, WHEREAS, the proposed Resolution of Necessity for said imprnvement has been introduced and is now on file in the City Clerk's Office for pnblic inspection, BE IT THEREFORE RESOLVED that on the 15th day of August, 1977, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amonnt proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby dir- ected to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the first of which shall be not less than 10 days prior to the day fixed for its consideration once each week for 396 Special Session, July 18 1977 two consectutive week and nnless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Conncil will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Conncilman Tully. RESOLUTION NO. 288-77 BE IT RESOLVED BY THE City Conncil of the City of Dnbnqne, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuqne, Iowa, be granted a permit to sell Cigorettes and Cigarette Papers within said City. Herbert F. Bisping, 1401 Elm St. Donald Bradley, 1091 Main St. Alfred L. Brandt, 2600 Central Ave. Dnbuque Yacht Basin, Inc" 1630 E. 16th St. Alice Erschen, 2617 University Ave. J.F.K. Fast Foods, Inc" 2075 John F. Kennedy Road Thomas E. Kessler, 1993 Asbury Rd. Helen Spielman, 2401 Windsor Ave. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Conncilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Wertzberger. Nays-None. Absent - Councilman Tnlly. RESOLUTION NO. 289-77 WHEREAS, applications for Liqnor Licenses have been submitted to this Conncil for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED BY THE City Conncil of the City of Dnbuqne, Iowa, that the follow- ing applications be approved and licenses issued npon 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 Alfred L. Brandt, 2600 Central Ave. Patricia Revelle, 2776 Jackson St. Sally Josephine Roy, 400 Central Ave. Parochetti Enterprises, 2600 Dodge St. Passed, adopted and approved this 18th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Conncilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Conncilman Tnlly. RESOLUTION NO. 290-77 WHEREAS, applications for Liqnor LIcenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issned to the following named applicants a Liqnor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Alfred L. [¡randt, 2600 Central Ave. Patricia Reveile, 2776 Jackson St. Sally Josephine Roy, 400 Central Ave. Parochetti Enterprises, 2600 Dodge St. ~- Special Session, July 18, 1977 397 Passed, adopted and approved this 18th day of Jnly, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tnlly. Application for transfer of beer permit to Dubnque Jaycees to McAleece Field, presented and read. Mayor Stackis moved that the transfer be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tnlly. RESOLUTION NO. 292-77 WHEREAS, there has been a vacancy in the office of the depnty City Clerk of the City of Dubuque, Iowa; and WHEREAS, such vacancy should he filled; NOW THEREFORE BE IT RE- SOLVED BY THE City Conncil of the City of Dnbuque, Iowa: Section 1. That Mary A. Davis, pre- sently acting Deputy City Clerk, be and she is hereby appointed Deputy City Clerk and that the effective date of her appointment shall be the 15th day of July, 1977 and that her salary shall be fixed by the office of the City Manager. Passed, approved and adopted this 18th day of Jnly, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Wertzberger. Nays-None. Absent - Councilman Tully. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackls, Councilman Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. Leo F. Frommelt City Clerk Approved ..,.,......... ... 1977 Adopted"."" . 1977 Councilmen ATTEST: Leo F. Frommelt City Clerk 398 Special Session, July 19, 1977 CITY COUNCIL OFFICIAL Special Session, July 19,1977. Council met at 12:00 Noon Present - Mayor Stackls, CouncIl- men Brady, Pregler, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Councilman Tully. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of Considering purchase 01 $850,000 Parking Facilities Revenue Bonds 1977 Series and acting npon such other business as may properly come before a Regular Meeting of the Council. Pronf of Pnblication, certified to by the Pnblisher, of Notice of Hearing and Official sale of $850,000. Parking Facili- ties Revenue Bonds 1977 Series, pre- sented and read. Councilman Wertz- berger moved that the proof of pnblica- tion be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Conncilman Tully. Cali was issued for oral bids. There being none, Councilman Pregler moved that oral bidding be closed. Seconded by Councilman Wertzberger. Carried by the foliowing voete: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. Counciiman Pregler called for the opening of sealed bids. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. July 19, 1977 The Honorable Mayor and City Council Bids were received today covering $850,000 City of Dubuqne, Iowa Parking Facilities Revenue Bonds, 1977 Series. There were four bids received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Channer Newman Securities Co., is the best bid received, and it is further our opinion that it is favorable to the City and should be accepted. We therefore recommend that the bonds be awarded to that bidder at par and accrned interest pIns a premium of none, being at a net in- terest rate of 5.44968%. Special Session, July 19, 1977 399 stance of the best sealed bid beiDg as follows: the bid snbmitted by Channer Newman Secutities Co., consisting of par and accrued interest plus a premium of none, with the bonds to bear interest at the following rates: Year of Maturity Rate 1979 5.20% 1980 5.20% 1981 5.20% 1982 5.20% 1983 5.20% 1984 5,20% 1985 5.20% 1986 5.20% 1987 5.20% 1988 5.20% 1989 5.20% 1990 5.50% 1991 5.50% 1992 5.60% 1993 5.70% 1994 5.70% Now, THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dnbuque, Iowa, as follows: Section 1. That upon being duly ad- vised in the premises it is hereby deter- mined that the bid nf Channer Newman Securities Co. forthe purchase of$850,000 Parking Facilities Revenue Bonds, 1977 Series, of said City, dated July 1,1977, as advertised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Channer Newman Securities Co. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to accept and execute the same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resoiutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed, and approved July 19. 1977. Emil Stackis Mayor Net Interest Account Managers Rate Carleton D. Beh Co. ". 5.6146% Channer Newman Secnri- ties Co. and Associates 5.44968% Dain, Kalman & Quail, Inc. and Shaw, McDer- mott & Co, .".", John Nuveen & Co., Inc. and Associates. . . . . . 5.5329% Paul D. Speer and Associates, Inc. President Conncilman Pregler moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tuliy. Councilman Pregler moved the bid checks be returned to the unsnccessful bidders. Seconded by Conncilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tuliy. RESOLUTION NO. 293-77 Resolution providing for the sale and award of $850,000 Parking Facili- ties Revenue Bonds, 1977 Series, and approving and authorizing the agreement of such sale and award. 6.0507% WHEREAS notice of sale of $850,000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Dubnque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a newspa- per published in Dubnque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by, none snbmitted, consisting of par and ac- crued interest plus a premium of none, with the bonds to bear interest at the foliowing rates: NONE and thereafter such sealed bids were opened, the sub- ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1977 Leo F. Frommelt City Clerk Counciiman Wertzberger moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tuliy. Councilman Pregler moved to recon- sider tabling motion on Five Flags Civic Center Project made at the meeting of July 18, 1977. Seconded by Conncilman Wertzberger, Carried by the foliowing vote: Yeas - Conncilmen Brady, Pregler, Wertzberger. Nays - Mayor Stackis. Absent - Councilman Tully. Councilman Wertzberger moved that General Contractors method of con- struction for Civic Center be employed and that the general contractor will state name of subcontractor, Seconded by Councilman Brady. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Wertzberger. Nays - Mayor Stackis. Absent - Councilman Tnlly. July 13, 1977 To the Honorable Mayor and City Coupcil I am submitting plans and specifica- tions for the Five Flags Civic Center. Estimated cost of the project is $3,862,342. Completion date is projected at 425 days after award of contract or abont December I, 1978. Your adoption of the necessary re- solutions for award of contract is requested. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the commnnication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tnliy. RESOLUTION NO. 291-77 Preliminary approval of plans. specs., etc. for construction of Five Flags Civic Center located at 4th 5th, Locnst and Main Streets, Dubuqne, Iowa, in the estimated amount of $3,862,342., pre- sented and read. Councilman Pregler moved adoption of the Resolution. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Councilmen Brady, Pregler, Wertzberger. Nays - Mayor Stackis, Absent - Councilman Tully, (Necessity for Improvement) RESOLUTION NO. 294-77 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved 400 Special Session, July 19, 1977 I¡egular Session, August 1, 1977 401 CITY COUNCIL by the City Conncil of the City of Dnbuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (I) The plan of snch improvement (2) An estimate of the cost of the improvement for the construction of the Five Flags Civic Center located at 4th, 5th Locnst and Main Streets, Dubnque, Iowa. BE IT THERFEFORE RESOLVED THAT THE City Council on its own motion, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and nnless property owners at the time of the final consideration of thIs proposed resolution have on file with the City Clerk, objections to the amonnt of the cost of the improvement, they shall he deemed to have waived all objections thereto. Said improvement shall be constrnct- ed and done in accordance with the plans and specifications which have been approved by the City Council ard are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out offunds of a General Bonds Issne and other funds legally permissible. The above resolntion was introdnced, approved and ordered placed on file with the City Clerk this 19th day of Jnly, 1977. Approved and placed on file for final action. hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuqne at which time the objectors for the proposed plans and specifica- tions and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cansea notice of the time and place of such hearing to be published in the official designated newspaper for pnb- lication of the City of Dubuque at least once, not less than four nor more than twenty days prior to date fixed for itS consideration and City Clerk is further directed to advertise for proposals for construction of the aforementioned improvement. Passed, approved and adopted this 19th day of July, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen OFFICIAL Regular Session, August 1, 1977. Council met at 7:30 P.M. (C.D.T) Present - Mayor Stackis, Council. men Brady, Pregler, Tully, Wertzber. ger. City Manager Gilbert D. Chaven- elle. Mayor Stakis read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING OFTHECOUNCILcalledfor the purpose of acting upon snch business as may properly come before the meet- ing. Invocation was given by Reverend Rob- ert H. Rnppert, Pastor of St. Luke's Unit- ed Methodist Church. Proclamations proclaiming the month of Augnst as "Apprenticeship Month" and September 10, 1977 as "Light the Way for Handicapped people Day" were read, approved and signed by Mayor Stackis. Communication of Playground & Rec- reation Commission submitting minutes of their meeting of July 18,1977, present- ed and read. Conncilman Wertzberger moved that the minntes be received and filed. Seconded by Conncilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tnlly, Wertzberger. Nays-none. Commnnication ofDMA TS snbmitting minntesoftheirmeetingof July 23,1977, presented and read. Councilman Wertz- berger moved that the minutes be receiv- ed and filed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Conncilmen Brady. Pregler, Tnlly, Wertzberger. Nays-none. Commnnication of Community Devel- opment Commission submitting minutes oftheirmeetingof July 12,1977, present- ed and read. Conncilman Wertzberger moved that the minutes be received and filed. Seconded by Conncilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, ConnciImen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Commnnication of Airport Commission submitting minntes of their meeting of their meeting of July 14,1977, presented and read. Councilman Wertzberger that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Commnnication of Citizens Advisory Commission snbmitting minutes of their Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Conncilman Pregler moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tnlly. There being no further business, Councilman Wertzberger moved to adjourn. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Absent - Conncilman Tnlly Leo F. Frommelt City Clerk Approved .................... 1977 ATTEST: Leo F. Frommelt City Clerk Conncilman Pregler moved approval of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Conncilman Brady, Pregler, Wertzberger. Nays ~ None. Absent - Councilman Tully. (FIxing Date of Hearing) RESOLUTION NO. 295-77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for Five Flags Civic Center located at 4th, 5th Locnst and Main Streets, Dnhuque, Iowa. BE IT THEREFORE RESOLVED, that on the 1st day of Angust, 1977, a pnblic Adopted ..................... 1977 ................... ..................... .."""."."""... Councilmen ATTEST: City Clerk meeting of June 28,1977, presented and read, Councilman Wertzberger moved that the minutes be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Five Flags Civic Cen- ter Commission submitting minutes o!their meeting of July 19,1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Sec- onded by Conncilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Commnnication of Dock Commission submitting minutes of their meeting of Jnne 21,1977, presented and read. Conn- cilman Wertzberger moved that the min- utes be received and filed. Sdconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Communication of Planning & Zoning Commission submitting minutes of their meeting of Jnly 19, 1977, presented and read. Councilman Wertzberger moved that the minntes be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. , Nays-none. Communication o[Five Flags Center Bnilding Committee submitting minutes of their meetings of July 13 and July 21, '1977, presented and read. Conncilman Wertzbergermoved that the minutes be rec.eived and filed. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Commnnication of Esther Tauke, Sen- ior Citizen Chairman, expressing thanks for interest shown by supporting Senior Citizens Recognition Month, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vok Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Communication of Edward Kruse of 1791 Central Ave. relative to parking sit- uation on Central Ave. and the proposed sticker proposal; also to consider a $30. a quarter fee, presented and read. Conncil- Pregler moved that the commnnication be referred to the City Manager and Traf-