1977 August Council Proceedings
400
Special Session, July 19, 1977
by tbe 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 Five Flags
Civic Center located at 4th, 5th Locust
and Main Streets, Dubuque, Iowa.
BE IT THERFEFORE RESOLVED
THAT THE City Council on its own
motion, deems it advisable and neces-
sary for the public welfare to make the
herein mentioned improvement, and
unless property ownerS at the time of
the final consideration of this proposed
resolution have on file with the City
Clerk, objections to the amount of the
cost of the improvement, they shall 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 ard
are now on file with the City Clerk. That
the cost and expense of making said
improvement will be paid out oflunds of
a General Bonds Issue and other funds
legally permissible.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 19th day of July,
1977.
Approved and placed on file for final
action.
hearing will be held at 7:30 p.m. in the
Council Chamber of tbe City of
Dubuque at which time the objectors
for the proposed plans and specifica-
tions and proposed form of contract, to
the cost of the improvement and the
City Clerk be and he is hereby directed
to cause a notice of the time and place of
such hearing to be published in the
official designated newspaper for pub-
lication of the City of Dubuque at least
once, not less than four nor more than
twenty days prior to date fixed for it'
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.
EmilStackis
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
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Wertzberger.
Nays - None.
Absent - Councilman Tully.
There being no further business,
Councilman Wertzberger moved to
adjourn. Seconded by Councilman Pre-
gler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Wertzberger.
Absent - Councilman Tully
Leo F. Frommelt
City Clerk
Approved ".".""""""" 1977
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved approval
of the Resolution. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilman
Brady, Pregler, Wertzberger.
Nays ~ None.
Absent - Councilman Tully.
(Fixing Dale 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 Locust
and Main Streets, Dubuque, Iowa.
BE IT THEREFORE RESOLVED, that
on the 1st day of August, 1977, a public
Adopted
.."...". 1977
"""""".
""."".""".""
.".."......""....
. """"""""".
Councilmen
ATTEST:
City Clerk
Jtegular Session, August 1,1977
401
CITY COUNCIL
OFFICIAL
Regular Session, August 1, 1977.
Council met at 7:30 P.M. (C.D.T)
Present - Mayor Stackis, Council.
men Brady, Pregler, Tully, Wertzher-
ger. City Manager Gilbert D. Chaven-
elle.
Mayor Stakis read the call and stated
that service thereof had been duly made
and this is THE REGULAR MONTHLY
MEETING OF THE COUNCIL called for
the purpose o!acting upon snch husiness
as may properly come before the meet-
ing.
Invocation was given hy Reverend Roh-
ert H. Ruppert, Pastor of St. Luke's Unit-
ed Methodist Church.
Proclamations proclaiming the month
of August as "Apprenticeship Month"
and Septemherl0, 1977 as "Light the Way
for Handicapped people Day" were read,
approved and signed hy Mayor Stackis.
Communication of Piayground & Rec-
reation Commission submitting minutes
of their meeting of July 18, 1977, present-
ed and read. Councilman Wertzherger
moved that the minutes he received and
filed. Seconded hy Councilman Pregler.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication ofDMATS submitting
minutes of their meeting of July 23, 1977,
presented and read. Councilman Wertz-
herger moved that the minutes be receiv-
ed and filed. Seconded by Councilman Preg-
ler. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Community Devel-
opment Commission submitting minutes
oftheirmeetingof July 12, 1977, present-
ed and read. Councilman Wertzberger
moved that the minntes be received and
filed. Seconded by Conncilman Pregler.
Carried by tbe following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Airport Commission
submitting minutes of their meetiog of
their meeting of July 14, 1977, presented
and read. Councilman Wertzberger
that the minutes be received and filed.
Seconded by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Commnnication of Citizens Advisory
Commission snbmitting minntes of their
meeting of June 28, 1977, presented and
read. Councilman Wertzberger moved
tbat tbe minutes be received and filed. Sec-
onded by Councilman Pregler. Carried
by tbe following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Five Flags CivicCen-
ter Commission submitting minutes of their
meeting of July 19, 1977, presented and
read. Councilman Wertzberger moved
that the minutes he received and filed. Sec-
onded hy Councilman Pregler. Carried
hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Doek Commission
submitting minntes of their meeting of
June21,1977,presentedandread.Coun-
cilman Wertzherger moved that the min-
utes he received and filed. S~conded hy
Councilman Pregler. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tnlly, Wertzberger.
Nays-none.
Communication of Planning & Zoning
Commission suhmittingminutes of their
meeting of July 19, 1977, presented and
read. Councilman Wertzherger moved
that the minutes he received and filed. Sec-
onded by Councilman Pregler. Carried
hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
, Nays-none.
Communication of Five Flags Center
Building Committee suhmitting minutes
of their meetings of July 13 and July 21,
'1977, presented and read. Councilman
Wertzherger moved that the minutes be
received and filed. Seconded by Council-
man Pregler. Carried hy the foilowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-oone.
Communication of Esther Tauke, Sen-
ior Citizen Chairman, expressing thanks
for interest shown by supporting Senior
Citizens Recognition Month, presented
and read. Councilman Pregler moved that
the communication be received and filed.
Seeonded by Couneilman Tully. Carried
by the following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Edward Kruse of
1791 Central Ave. relative to parking sit-
uation on Central Ave. and the proposed
sticker proposal; also to consider a $30. a
quarter fee, presented and read. Council-
Pregler moved that the communication be
referred to the City Manager and Traf-
402
Regular Session, August 1,1977
fic Department. Seconded hy Councilman
Tully. Carried by the following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Councilman Pregler
suhmitting a list of suggestions for the
adoption of a policy decision on the use of
City ears, presented and read. Council-
man Tully moved that the communication
he received and filed and referred to Coun-
cil. Seconded hy Councilman Wertzherger.
Carried hy the following vote:
Yeas-Mayor Stackls, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communication of fowa Northwestern
Development Co., conveying an offer to
sell approx. 12 acres of real estate adja-
cent to Arbor Oaks Suh. and a portion front-
ing on Carter Road at $2500. per acre, pre-
sented and read. Councilman Wertzber-
ger moved'that the eommunieation be re-
ceived and filed and referred to the City
Manager and Planning & Zoning Com-
mission to report hack at earliest conven-
ience. Seconded hy Couneilman Pregler.
Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communieation of Attorney Allan J.
Carew, representing Mrs. Carl A. Clark,
ohjecting to the City taking four feet from
her side of the street at 2558 University
Ave. as part of paving program, present-
ed and read. Councilman Pregler moved
that the communication he received and
filed. Seeonded hy Councilman Wertzher-
ger. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Preg-
ler, Tully, Wertzberger.
Nays-Councilman Brady.
Jnly 22, 1977
Honorable Mayor and
Members of City Council
On July 18 the current city budget was
amended hy action of City Couneil by trans-
ferring $553,960 from Unencumbered Gen-
eral Revenue Sharing funds to the Iowa
Street Parking Ramp Construction ae-
count.
The regulations governing the use of
revenue sharing funds requires that notiee
ofthis aetion he provided the public. The
attached form will satisfy this require-
ment, and we request your approval to
puhlish the notiee in the Telegraph Her-
ald.
Gent M. Wittenherg
Assistant City Manager
Couneilman Pregler moved that the
communication be received and filed and
request he approved. Seconded hy Coun-
cilman Wertzherger. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Proof of Puhlieation, eertified to by the
Publisher, on July 19, 1977, on notice of
hearings to provide $60,000. for relocation
of water mains and amending Communi-
ty Block Grant Agreement in Urhan Re-
newal, presented and read. Couneilman
Pregler moved that the proof of publica-
tion be reeeived and filed. Seeonded hy
Councilman Wertzberger. Carrried hythe
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
July 15, 1977
Honorahle Mayor and
City Conneil
Claim was filed against the CityofDn-
huque, Iowa on January 3, 1977hy Gerald
Neuhaus of 820 Mt. Loretta claiming dam-
ages in the amount of $265.00 and alleging
said damages occurred on December 7, 1976
as the result of a plugged sewer causing
the sewer in the hasement to hacknp.
This matter was referred to the appro-
riate City Agency which has made an in-
vestigation thereof and has made written
report to this offiee of no liability or neg-
ligence on the part of the City. In view of
the foregoing, it is the recommendation of
the City Attorney that the claim of Ger-
ald Neuhaus he denied.
Original claim is returned herewith.
R.N. Russo
City Attorney
Councilman Pregler moved that the rec-
ommendation of denial he approved. Sec-
onded hy Couneilman Brady. Carried hy
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
July 15, 1977
Honorahle Mayor
and City Council
On May 27, 1977,elaim was filed on he-
half of James Bocek by Henry Voels of 2201
Delmonaeo Drive, this city, claiming dam-
ages in the amount of $83.61 to a motor ve-
hicle allegedly occuringin the 3100 hlock
of West 32nd Street on May 23, 1977 asa
result of striking an alleged unbarricaded
chnek hole in the street.
This matter was referred to the City At-
torney who has made an investigation of
same, and it is therefore the recommen-
dation of the City Attorney's office that
said claim he paid in the amount of $83.00:
that the City Auditor be instructed to draw
a warrant payable to James Bocek and Hen-
ry Voels in the amount of $83.00 and trans-
Regular Session, August 1, 1977
403
mit s~metotheundersigned for delivery
upou receipt of duly executed releases.
Original claim is returned herewith.
R.N. Russo
City Attorney
Councilman Pregler moved that the rec-
ommendation of settlement he approved.
Seconded by Councilman Brady. Carried
by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
July 19, 1977
Honorable Mayor
and City Council
On December 12, 1976. Mr. Karl "Doc"
Miller, Sr., 450 Southern Avenue, filed
claim against the City of Duhuque in the
amount of $300.00 and alleging anto darl\-
ages occuringon Decemher 12, 1976 as the
result of the rear wheel allegedly falling
into a cateh hasin in front of 1895 Grace
Street near Griggs Court, damaging the
hub eap and rear fender of his vehicle,
This matter was referred to the City
Attorney who has made an investigation
thereof and has communicated with the
claimant; and claimant has made an offer
of settiement of said claim in the amount
of$25.00. It is the recommendation of the
City Attorney that said settlement offer
he aceepted, and that the City Auditor be
be instructed to draw warrant payahle to
Karl Miller in the amount of $25.00 and
transmit same to the City Attorney for de-
livery upon receipt of properly executed
releases.
Original notice of claim is retnrned here-
with.
R.N. Russo
City Attorney
Councilman Pregler moved that the rec-
~lÍ1mendation of settlement he approved.
Seconded by Councilman Brady. Carried
by the following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
July 27, 1977
Honorahle Mayor
and City Couneil
On April 2, 1976, Frederick Cole and
Charlotte Cole, hnsband and wife, com-
menced an action against the City of Du-
huque and Dubuque Electric Motor Ser-
vice Inc., as defendants, in Law No. 40745
ofDuhuque County District Court, pray-
ing for damages in the total amount of
$75,000.00 and claiming personal injur-
ies as the result of an alleged fall at the
southeast corner of the intersection of 13th
Street and an alley between Jackson and
White Streets in the City ofDuhuque, Io-
wa claiming an icy condition thereat.
Saidaetion was referred to the City At-
torney for defense and appropriate defens-
es have asserted thereto, and suhsequent-
Iy the plaintiffs have made an offer of set-
tlement of $7500.00 plus costs, of which
settlement amount the City of Dubuque
will eontrihute $1500.00 and the shutting
property owner will contrihute $6000.00,
and each defendant will pay $100.00 court
costs.
It is the recommendation of the City At-
torney that said offer of settlement he ae-
cepted and that the City Auditor be in-
structed to draw warrant payahle to Fred-
erick Cole and Charlotte Cole in the amount
of 1500.00, and warrant payable to Leroy
L. Meyer, Clerk of the Court in the amount
of $100.00 and to transmit said warrants
to the City Attorney for delivery upon re-
ceipt of properly executed releases and
dismissal with prejudice of said cause.
Original petition with original notice
and original notice of claim is herewith
returned.
R.N. Russo
City Attorney
Councilman Pregler moved that the rec-
ommendation of settlement be approved.
Seconded by Councilman Brady. Carried
hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Expiration of Right of Re-
demption and for taking of tax deed on
Lot 3 and Westerly 50ft. of Lot 4in Bar-
ry's Suh. of Lot lofthe Suh.ofLot20fthe
Suh. of Lots 2, 3aqd 4and of Lot I of Lot
50fthe Sub. ofMineralLot307 A, lots sold
to Arthur Behnke on Rooseveit Street,
presented and read. Councilman Tully mov-
ed that the notice of expiration be refer-
red totheCity Solieitor for investigation
and report. Seconded by Councilman
Wertzberger. Carried hy following vote:
Yeas-Mayor Staekis, Couneilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Claim of Beulin Bartels, inan
undetermined amount, for personai in-
juries in a fall as the result of a hole in the
street at corner of Main hy Book-Nook
Store on July I, 1977, presented and read.
Councilman Tully moved that the Notice
of Claim be referred to the City Solicitor
for investigation and report. Seconded hy
Councilman Wertzherger. Carried hythe
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Notice of Claim of Gary R. Schroeder,
in the approx. amount of $62.00, for ex-
pense incurred as the result of a hacked-
np sewer on July I, 1977, at 3589 Key Meer
Drive, presented and read. Couneilman
Tnlly moved that the Notice of Claim be
referred to the City Solicitor for investi-
404
Regular Session, August 1, 1977
gation and report. Seconded hy Council-
man Wertzberger. Carried hy the follow-
ing vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Proof ofPuhlication, certified to hy the
Publisher, of Notice ofpuhlic hearing to
rezone lots I, 2 each of Lot 5 of M.L, 100
and the south 25'ofLot7 ofM.L. 100 from
OR-l Office Residential to C-4 General
Commercial District Classification (19th
& Washington St.), presented and read.
No written ohjections were filed and no
oral objectors were present in the couneil
Chambers at the time set for the hearing.
Councilman Tully moved that the proof
of publication he received and filed. Sec-
onded by Councilman Wertzherger. Car-
ried hy the following vote;
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
ORDINANCE NO. 54-i'7
AN ORDINANCE AMENDING AND OR.
DINANCE NO. 32-75, KNOWN AS THE'
"ZONING ORDINANCE AND ZONING
MAP OF THE CITY OF DUBUQUE, IO-
WA", SO AS TO RECLASSIFY HERE.
INAFTER DESCRIBED PORTIONS OF
MINERAL LOT 100 FROM OM OFFICE.
RESIDENTIAL DISTRICT CLASSIFICA-
TION TO C.4 GENERAL COMMERCIAL
DISTRICT CLASSIFICATION, SAID OR.
DINANCE HAVING BEEN PREVIOUS.
L Y PRESENTED AND READ
At the Conncil Meeting of July 5, 1977,
presented for final adoption.
ORDINANCE NO. 54-77
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDINANCE
AND ZONING MAP OF THE CITY OF
DUBUQUE, IOWA" SO AS TO RECLAS-
SIFY HEREINAFTER DESCRIBED POR-
TIONS OF MINERAL LOT 100 FROM
OR.1 OFFICE RESIDENTIAL DISTRICT
CLASSIFICATION TO C-4 GENERAL
COMMERCIAL DISTRICT CLASSIFICA-
TION
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 32-75,
known"" the "Zoning OrdinanceandZon-
ing Map of the City of Dubuque, Iowa';
be and the same is hereby amended by
changing from "OR-l Office-Residential
District" classification to "C-4 General
Commercial District" classification the
following described real estate, to wit,
Lot 1 of Lot 5 of Mineral Lot 100, Lot
20fLot5 of Mineral Lot 100,Lot 60f
Mineral Lot 100, and the South 25
feet of Lot 70fMineralLot 100 all 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 1st
day of August, 1977.
Emil Stacleis
Mayor
ThomasA. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST,
Leo F. Frommelt
City Clerk
Published officially in the telegraph
Herald Newspaper this ,5th day of August
1977.
Leo F. Frommelt
City Clerk
1t8/5
Councilman Tully movedfinal adoption
of the Ordinance. Seconded by Council-
man Wertzberger. Carried by the follow-
ing vot"'
Yeas-Mayor Strrekis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Proof of Puhlication, certified to hy the
Puhlisher, of Notice of Vacation and Sale
of a 16 ft. wide alley from Putnam Street
to the S.P.L. of 28th Street, presented and
read. No written ohjections were filed and
no oral ohjectors were present in the Coun.
eil Chamber at the time set for the hear-
ing. Mayor Stackis moved that the proof
of puhlication he received and filed. Sec-
onded hy Councilman Wertzherger. Car-
ried hy the following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
ORDINANCE NO. 55.77
AN ORDINANCE VACATING A 16-FOOT
WIDE ALLEY RUNNING FROM THE
NORTH PROPERTY liNE OF PUTNAM
STREET TO THE SOUTH PROPERTY
LINE OF 28TH STREET ALL WITHINTHE
EL.RU PLACE AND SOUTH PARK HILL
INTHECITYOF DUBUQUE,IOWA, PRE-
SENTED AND READ.
Councilman Pregler moved that the read-
ing just had be eonsidered the first read-
ing of the Ordinanee. Seeonded hy Coun-
cilmen Tully. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Councilman Pregler moved that the
rule requiring an Ordinanee to be re-
ceived and filed at two meetings prior
to the meeting when final aetion is tak-
en, be dispensed with. Seconded by
Couneilman Tully. Carried hy the fol-
lowing vote:
Regular Session, August 1, 1977
405
Yeas-Mayor Stackis, Councilmen Brady,
Pregler. Tully. Wertzberger.
Nays-none.
ORDINANCE NO. 55.77
AN ORDINANCE VACATING A 16.FOOT
WIDE ALLEY RUNNING FROM THE
NORTH PROPERTY liNE OF PUTNAM
STREET TO THE SOUTH PROPERTY
LINE OF 28TH STREET ALL WITHIN THE
EL.RU PLACE AND SOUTH PARK HILL
IN THE CITY OF DUBUQUE,IOWA
WHEREAS, THAT THE PORTION OF
ALLEY RUNNING FROM NORTH PRO.
PERTY liNE OF PUTNAM STREET TO
THE SOUTH PROPERTY LINE OF 28TH
STREET IN THE CITY OF DUBUQUE,
IOWA IS NO LONGER NEEDED FOR
THE ALLEY PURPOSES, AND THAT
HUGH W. AND ETHEL G. CHERIOLi,
SYDNEY E.ANDELiZAaETH MILLER,
AND ROBERTD.& LYNN ANN MILLER
HAVE PETITIONED FOR THE ACQUI.
SITION OF SAID REAL ESTATE, AND
WHEREAS, THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOWA DEEMS
IT IN BEST PUBLIC INTEREST THAT
SAID ABOVE DESCRIBED REAL ES-
TATE BE VACATED SUBJECT TO THE
CONDITIONS AND PROVISIONS HERE.
INAFTERSET FORTH, ANDTHATDIS.
POSAL THEREOF TO HUGH W. AND
ETHEL G. CHERIOLi, SYDNEY E. AND
EliZABETH MILLER, AND ROBERT D.
AND LYNN ANN MILLER BEAPPROV.
ED.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
SECTION 1. that the vacation of that
portion of the 16-foot wide alley running
from the North property line of Putnam
Street to the South property line of 28th
Street, all within the EI-Ru Place and South
Park hill in the City of Dubuque, Iowa be
and the same is herehy approved.
SECTION 2: That the disposal of inter-
est of the City of Dnbuque, Iowa, in and
that portion of alley running from the North
property line of Putnam Street to the South
property liniN>! 28th Street all within the
EI-Ru Place and South Park Hill in the City
ofDuhuque, Iowa to Hugh W. and Ethel
G. Cherioli, Sydney E. and Elizabeth Mil-
ler, and RohertD. aud Lynn Ann Milierfor
the total purehase price of $200.00 plus
costs of publications and recording fees
and the cost of the preparation of the plat
and survey hy registered surveyor of the
StateofIowa, that no ahstract of title will
be furnished and conveyance shall be by
quitclaim deed, and the City reserves an
easement for the full width of the alley to
be used by the City o!Dubuque for the iu-
stallation and maintenance of water and
sewer mains and retains the right for in-
gress and egress to repair and maintain
the same.
SECTION 3: That the deed will include
a condition that no building or other ob-
structions will he constructed over the
granted easement.
SECTION 4: That the City Clerk hcing
he is hereby ordered and directed to pub-
lish notice as is by law required.
Passed, adopted, and approved by
unanimous recorded roll call this 1st day
of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Puhlished officially in the telegraph
Herald Newspaper this 5th day of August
1977. Leo F. Frommelt
City Clerk
It815
Councilman Pregler moved final adop-
tion of the Ordinance. Seconded hy Coun-
eilman Tully. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO.296.77
WHEREAS, pursuant to resolution and
puhlished notice of time and place of hear-
ing, published in the Telegraph-Herald,
a newspaper of general cireulation puh-
lished on July 22, 1977, in the City ofDu-
huque, Iowa, the City Council of the City
of Dubuque, Iowa met on the 1st day of
August, 1977 at 7:30 o'clock P.M. (CD1'1
in the City Couneil Chambers, City Hall,
Dubuque, Iowa, to consider the proposal
to dispose of interest of the City of Du-
huqne, Iowa in real estate, hereinafter
described, to Hugh Cherioli and Ethel
Cherioli; to Sydney E. Miller and Eliza-
beth D. Miller and to Robert D. Miller
and Lynn Ann Miller; and
WHEREAS, City Council of the City of
Dubuque, Iowa overruled any and all oh-
jection, oral or written, to the proposal
to dispose of interest of City o!Dubuque,
Iowa in the hereinafter descrihed real
estate to the above n'amed parties.
NOW THEREFORE BE IT RESOL V-
ED by the city council of the eity of Du-
buque, Iowa;
Section 1. That the disposal of inter-
est of City of Duhuque, Iowa in and to,
and the conveyance of vacated alley pat-
ted and deseribed as:
Lot 30A of South Park Hill in the City
of Dubuque, Iowa
July 22, 1977
406
Regular Session, August 1,1977
Regular Session, August 1, 1977
407
to Hugh Cherioli and Ethel Cherioli; aDd
the conveyance of
Lot 22A of south Park Hill, Lot IA of
EI-Ru Place: Lot 2A ofEI-Ru Place; Lot
3A of El-Ru Place; and Lot 5A ofEI-Ru
Plaee in the City of Duhuque, Iowa
to Sydney E. Miller and Elizaheth D. Mil-
ler; and the conveyance of
Lot 4A ofEl-Ru Place in the CityofDu-
huque, Iowa
to Rohert D. Miller and Lynn Ann Miller
be and the same is hereby approved for
the purchase price of $200.00, plus costs
of publication and reeording fees, uo ab-
stract of title will he furnished and con-
veyance shall he hy Quit Claim Deed; con-
veyance shall he subject to reservation
hy the City ofDnbuque, Iowa ofa perpet-
ual easemeut for the full width of the said
vaeated alley for the installatiou and maiu-
tenance of water and sewer mains and for
right of ingress and egress therefrom to
repair and maintain the same; and suhject
to the condition that no buildiugorother
obstruetion will be constructed over said
easement.
Section 2. That the Mayor and City
Clerk be and they are authorized and dir-
ected to execute said deeds of conveyance
and the City Clerk he and he is herehy
authorized and directed to deliver said
deeds of conveyance to the grautees npon
payment ofthe purchase price in full.
Section 3. That the City Clerk he and
he is hereby authorized and directed to
record certified copies ofthis Resolution
in the office of the Duhuque County Re-
eorder.
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Staekis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoptiou of
the Resolution. Seconded hy Councilman
Tully. Carried hy the following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
July 25, 1977
HonorahleMayor
and Councilmeu
In a letter dated June 6, 1977, The
City of Dubuque Planning and Zoning
Commission transmitted to you their
favorable recommeudatiou for reclassi-
ficatiou of Lots 1 through 7 of Block 2:
Lot 15 and portions of Lot I of Lot 15
and Lot 1 of Lot 1 all in "Bireh Acres"
Subdivision from R-3 Residential Dis-
triet classification to R-2 Residentiai
Distriet classification. The suhject
property lies on the east side of Fre-
mont Avenue north of its intersection
with Kelly Lane in the City of Du-
buque, Iowa.
Your hody had scheduled a puhlic
hearing on this proposal for Monday,
July 18, 1977 hut due to a misunder-
standing hy the developer of the nature
of the public hearing the matter was
withdrawn from your calendar for that
meeting. That misnuderstanding has
heeD resolved with the developer and
his attorney and they coneur in our re-
spectful request that the proposal be
suhmitted to you and rescheduled for
publie hearing.
CITY PLANNfNG AND
ZONING COMMISSION
Daniel Dittemore
Director of Community Development
Councilman Wertzberger moved
that the communication be received
and filed. Seconded hy Councilman
Tully. Carried by the followiug vote:
Yeas - Mayor Stackis, Couneilmen
Brady, Pregler, Wertzherger, Tully.
Nays-None.
Communication of Attorney Spren-
glemeyer for Iowa-Northwestern De-
velopment Co. requesting not to sched-
ule a public hearing on rezoning at this
time to allow for clarification, present-
ed and read.
Councilman Pregler moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire. Sec-
onded by Couneilman Tully. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tnlly, Wertzherger.
Nays-None.
James Schwers spoke relative to the
eommunication.
Couneilman Pregler moved that the
communication he reeeived and filed.
Seconded hy Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays - None.
AN ORDINANCE Amending and
changing Ordinanee No. 32-75, known
as the "Zoning Ordinance and Zoning
Map of the City of Duhuque. Iowa," .ao
as to reclassify certain property in
"Birch Acres" Suhdivision from R-3
Residential District Classification to R-
2 Residential District Classification,
presented and read. Mayor Stackis
moved that the reading just had be con-
sidered the first reading of the Ordi-
nance. Seconded hy Councilman Preg-
ler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Mayor Stackis moved that the rule
requiriug an Ordiuauce to he received
and filed at two meetings prior to the
meeting when final action is taken, he
dispensed with. Seeouded by Couucil-
mall Pregler. Carried hy the following
vote:
Yeas - Mayor Stackis, Conncilmen
Brady, Pregler, Tully, Wertzherger.
Nays - Noue.
Mayor Stackis moved that a puhlic
hearing be held ou the Ordinance on
Septemher 6, 1977 at 7:30 o'clock P.M.
in the Council Chamher at the City Hall
aDd that the City Clerk he instrueted to
publish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cilman Pregler. Carried hy the following
vote:
Yeas - Mayor Staekis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays - None.
AN ORDINANCE Authorizing
Lloyd S. Gudenkauf to eonstruet an 8"
reinforeed eoncrete wall, said Ordi-
nance having heen previously present-
ed at the Council Meeting of July 18,
1977, read. Mayor Staekis moved that
the reading just had be eonsidered the
first reading of the Ordinance. Second-
ed hy Couneilmen Tully. Carried by the
following vote:
Yeas - Mayor Stackis, Conncilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
Mayor Stackis moved that the rule
requiring an Ordinance to he received
and filed at two meetings prior to the
meeting when final action is taken, be
dispensed with. Seconded hy Council-
man Tully. Carried by the following
vote: -
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
Mayor Stackis moved that a puhlic
hearing he held on the Ordinance on
August 15, 1977 at 7:30 o'cloek P.M. in
the Council Chamher at the City Hall.
Seconded hy Couneilman Tully. Carried
hy the following vote:
Yeas - Mayor Stackis, Couneilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzherger.
Honorahie Mayor
and Councilmen
The City of Duhuque Planning and
Zoning Commission has held a puhlie
hearing on the petition of Inns of Iowa,
Ltd. requesting an amendment to Sèc-
tion 4-114.2 of Ordinance No. 32-75, the
Principal Permitted Uses of the C-3 Ar-
terial Business Commereial District.
The petitioner had asked inclusion of
heauty shops, bar her shops, travel
ageney-ticket offices, and retail stores
for the sale of offiee products, drugs,
apparei and sporting goods.
In eonsidering this matter the Com-
mission determined that nses proposed
by the Inns of Iowa Ltd. petition were
Permitted Uses in the Local Business
"B" District of Ordinanee No. 3-34, the
corresponding District of that Ordi-
nance to the present C-3 Arterial Busi-
ness Commercial District. The Commis-
sion has fonnd those uses, included in
the attached Ordinance amendment, to
he appropriate uses for the C-3 Distriet
and recommends your favorahie consi-
deration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director ofCommnnity Deveiopment
Mayor Stackis moved that the com-
munieation be received and filed. Sec-
onded hy Councilman Pregler. Carried
hy the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
AN ORDINANCE ofthe City ofDu-
huque, Iowa, providing that the Code of
Ordinanee, City of Duhuqne, Iowa, be
amended hy revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Duhuque, Iowa", hy repealing Section
4-114.2 thereof, and hy enacting a new
Section 4-114.2 in lieu thereof providing
for principal permitted uses in the C-3.
Arterial Business Commereial District,
presented and read. Mayor Staekis
moved that the reading just had he eon-
sidered the first reading of the Ordi-
nanee. Seconded hy Councilman Preg-
ler. Carried hy the following vote:
Yeas - Mayor Staekis, Couneilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Nayor Stackis moved that the rule
requiring an Ordinance to be received
and filed at two meetings prior to the
meeting when final action is taken, he
dispensed with. Seeonded hy Couneil-
man Pregler. Carried hy the following
vote:
Yeas - Mayor Staekis, Couneilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Mayor Stackis moved that a pnhlie
hearing be heid on the Ordinance on
Septemher 6, 1977 at 7:30 o'clock P.M.
in the Council Chamber at the City Hall
and that the City Clerk he instructed to
puhlish notice of the hearing in the man-
ner required hy law. Seconded hy Coun-
-----
408
Regular Session, August 1, 1977
eilman Pregler. Carried hy the follo-
wing vote:
Yeas - Mayor Staekis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Honorable Mayor
and Conncilmen
The City of Dubuque Planning and
Zoning Commission has held a pubiic
hearing on the petition of Mr. and Mrs.
T. Edwin Winders requesting expan-
sion of a C-4 General Commercinl Dis-
trict to include property at 2114 White
Street and 2103 Jackson Street whieh is
presently classified as R-4 Residential
District. The property lies north of
East 21st Street hetween Jackson and
White Streets in the City of Duhuque,
Iowa.
In considering this matter, the Com-
mission determined that while the ex-
pansion of the C-4 zone to the White
Street property was justifiahle they
concluded that continuing it to the
Jackson Street parcel would he an un-
neeessary encroaehment of commer-
cial zoning into a residential area. The
Commission noted that though they had
no objection to the continued use of the
Jackson Street property as a parking
lot they wished to see it aceompiished
by some other than Commercial Zoning
Classification.
The City Planning and Zoning Com-
mission has voted to approve the C-4
General Commercial District classifica-
tion on the White Street property only
and recommends your favorable consid-
eration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community Development
Mayor Stackis moved that the com-
munication be reeeived and filed. Sec-
onded by Councilman Pregler. Carried
hy the following vote:
Yeas - Mayor Stackis, Councilmem
Brndy,Pregler, Tully, Wertzberger.
Nays - None.
AN ORDINANCE of the City ofDu-
huque, Iowa, providing that the Code of
Ordinances, City of Duhuque, Iowa, be
amended hy revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Duhuque, Iowa", by reclassifying
portions of L. H. Langworthy's Addi-
tion from R-4 Residential District Clas-
sification to C-4 General Commercial
District Classifieation, presented and
read.
Mayor Stackis moved that the read-
ing just had he considered the first rea-
ding of the Ordinanee. Seconded hy
Councilman Pregler. Carried hy the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Mayor Stackis moved that the rule
requiring an Ordinance to be received
and filed at two meetings prior to the
meeting when final action is taken, be
dispensed with. Seconded hy Couneil-
man Pregler. Carried hy the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Mayor Stackis moved that a public
hearing he held on the Ordinance on
Septemher 6, 1977 at 7:30 o'clock P.M.
in the Council Chamber at the City Hall
and that the City Clerk he instructed to
puhiish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cilman Pregler. Carried hy the follow-
ingvote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Jnly25,1977
HonorahleMayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has held a puhiie
hearing on the petition of D, James and
Patricia Edwards requesting R-2 and
R-4 Residential. District classification
on their property which was recently
annexed to the City of Dubuque, Iowa.
The Edwards' property lies south of
Keliy Lane and west of Edwards Road.
The Planning and Zoning Commis-
sion reviewed the preiiminary plat of
the Edwards' property, to he known as
Patricia Anne Suhdivision, as they con-
sidered the zoning classification propos-
al, and concluded that some slight modi-
fications to the requested R-4 District
pareei was in order and recommended
deleting a small portion of the request-
ed R-4 District at the extreme south
and adjusting other houndaries to con-
form with the approved preliminary
piat and those ehanges are reflected in
the attaehed Ordinance and on the at-
taehed map.
The Commission has approved the re-
quest for R-2 and R-4 Residentiai Dis-
trict classification on the Edwards'
property and recommends your favor-
ahle consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community Development
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Wertzherger.
Carried hy the following vote:
Regular Session, August 1, 1977
409
Yeas - Mayor Stack is, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
AN ORDINANCE of the City ofDu-
huque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa be
amended by revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa", by reclassifying por-
tions of the Edwards' Property known
as Patricia Anne Suhdivision, from AG
Agrieuitural District to R-2 Residential
District and R-4 Residential District
Classificatioo, presented and read.
Councilman Pregler moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Pregler moved that the
rule requiring an Ordinance to he re-
ceived and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Councilman Pregler moved that a
public hearing be held on the Ordiuance
on September 6, 1977 at 7:30 o'clock
P.M. in the Council Chamher at the City
Hall and that the City Clerk be instruct-
ed to publish notice of the hearing in
the manner required by the law. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays - None.
Petition of Dubnque Sertoma Club
requesting permissing to sell light
bulbs on September 10th, presented
and read. Mayor Stackis moved that the
request be approved subject to final ap-
proval of the City Manager. Seconded
by Counciman Brady. Carried by the
following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Petition of St. Anthony Messenger
requesting permission to solicit sub-
scriptions to their magazine, presented
and read. Mayor Stackis moved that the
request be approved subject to final ap-
proval of the City Manager. Seconded
hy Councilman Brady. Carried by the
following vote:
Yeas - Mayor Stackis, Coun<:ilmen
Brady, Pregier, Tully, Wertzberger.
Nays - None.
Petition of F. N. Smith Construction
Co. requesting permission to excavate
in Admiral Street, presented and read.
Mayor Stackis moved that the request
be approved. Seconded hy Councilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays - None.
Petition of William J. Avenarius re-
questing connection to dty water at 140
Aquin Street, outside the City iimits,
presented and read. Councilman Wertz-
berger moved that the request he de-
nied. Seconded by Mayor Stackis. Car-
ried hy the following vote:
Yeas - Mayor Staekis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Petition of Dubuque Noon Lions Cluh
requesting permission to conduct a cir-
cus on Industrial Island at Kerpr & Shi-
ras on August 29, 1977, presented and
read. Councilman Tully moved that the
request be approved suhject to final ap-
proval of the City Manager. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Petition of United Cerebral Palsy re-
questing permission to solicit funds dur-
ing the week of September 18, 1977, pre-
sented and read. Councilman Tully mov-
ed that the request he approved suhjeet
to final aproval of the City Manager. Se-
conded by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communieation of Dubuque Supply
Company suhmitting findings relative to
the proposed period lighting on Main
Street hetween 1st and 4th Streets, pre-
sented and read. Councilman Wetzher-
ger moved that the coummunication be
received and filed. Seconded hy Mayor
Stack is. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully. Wertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Pendency of
Resolution of Necessity for construction
of Main Street Lighting from First to
Fourth Street, presented and read.
councilman Wertzherger moved that
the proof of publication he received and
filed. Seconded hy Mayor Stackis. Car-
ried hy the following vote:
410
Regular Session, August I, 1977
Regular Session, August 1,1977
411
Yeas-Mayor S~'ckis, Councilmen Brady,
Pregler, Tully, Wert,her~er.
Nays-none.
(Necessity for Improvement)
RESOLUTION NO. 281.77
WHEREAS, proposed plans, specifi
cations, and form of contract have been
duly prepared and approved hy the City
council of the City ofDubuque, Iowa, and
are now on file in the office of the City
Clerk showing among other things the
followin~:
III The plan of such improvement
121 An estimate of the cost of the
improvement.
for the construction of the Main Street
Lightin~ from First Street to Fnurth
Street.
BE IT THEREFORE RESOLVED
that the City'Councii on its own motion,
deems it advisable and necessary for the
publie welfare to make the herein men-
tioned improvement, and unless pro-
perty Owners at the time of the finai con-
sideration of this proposed resolution
have on file with the City Clerk, objec-
tions to the amount of the cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall he construct-
ed and done in accordance with the plans
and specifications which have been ap-
proved by the City Council and are now
on file with the City Clerk. That the cost
and expenses of making said improve-
ment will be paid from the Community
Development Block Grant Fund.
The ahove resolution was introduced,
approved and ordered placed on file with
the City Clerk this 18th day of July,
1977.
RECORD OF FINAL ADOPTION
The fore~oin~ resolution was finally
passed and adopted, as proposed, by the
City Council this 1st day of August,
1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzherger moved final
adoption of the Resoiution. Seconded hy
Mayor Stackis. Carried hy the following
Vote:
Yeas-Mayor Stackis, Councilmen Brady,
Tully, Wertzherger.
Nays-Councilman Pregler.
Decision of council upon objeclions to
plans, specificafions, form of contract
and cost of improvements
RESOLUTION NO. 297.77
WHEREAS, proposed plans and spec-
ifications and form of contract for the
construction of Main Street Lighting
from First Street to Fourth Street have
heen approved hy the City Couucil ofthe
City of Dubuque and public notice giveu
as provided by Chapter 384 of the Code
of Iowa, 1977, pertaining to public con-
tracts and bonds, and the time and plaee
fixed for the hearing of all objections to
said plans, specifications or contract for
or eost of sueh improvements, said time
being this 1st day of August, 1977,
WHEREAS, the City Conncil met in
regular session this 1st day of Angust,
1977, at 7:30 o'clock P.M. at the Conneil
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 descrihed and
proposed to be made: and
WHEREAS, all interested parties have
been given an opportunity to he heard
and all objections which have heen duly
weighed and considered; now, therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dnhuque, that all oh-
jections which have heen made and fil-
ed to the plans, specifieations, contract
for or cost of said improvement herein
deserihed and proposed to he made, be
and the same herehy overruled and such
plans, specifications and form of eon-
tract heretofore approved are herehy
adopted.
BE IT FURTHER RESOLVED that this
resolution containing the decision of this
Council upon all objections which have
heen filed to the plans specifications and
form ofcostsaid improvement be made a
matter of permanent record in connec-
tion with said improvement.
Passed adopted, and approved this 1st
day of August, 1977.
EmiiStaekis
Mayor
ThomasA. Tully Jr.
Richard Wertzberger
JamesE.Brady
Councilmen
(Ordering Construction)
RESOLUTION NO. 298-77
BE IT RESOLVED hy the City Coun-
cil of the city of Dubuque that pursuant
to a resolution of necessity No.281-77
which was duly passed by this Council,
for the construction of the Main Street
Lighting From First Street to Fourth
Street.
Be and the same are hereby ordered
and constrncted hy this Council upon its
own motion and with or without the peti-
tion of property owners. All the work
shall he constructed in accordanee with
the plans and specifications heretofore
adopted and now on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the
cost and expense of the said improvements
be paid from the community Develop-
ment Block Grant Fund.
BE IT FURTHER RESOLVED that this
resolution being deemed urgent and of
IMMEDIATE NECESSITY shall he in
force and effect from and after its pas-
sage and adopion by the City Council.
Passed adopted, and approved this 1st
day of August, 1977.
EmiiStackis
Mayor
ThomasA. Tully Jr.
Richard Wertzherger
James E. Brady
Councilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Wertzherger moved
adoption of the resolution. Seconded hy
Mayor Stackis. Carried by the following
vote:
Yeas-Mayor Slackis, Councilmen Brady,
Tully, Wcrt,berger.
Nays-Councilman Pregler.
Proof of Publication, certified to hy
the Publisher, of Notice to Contractors
of the Receipt of Proposals for the Con-
struction of the City of Duhuque 1977
Curb Replacement Project, presented
and read. Councilman Wertzbergcr
moved that the proof of publication be
received and filed. Seconded by council-
mau Pregler. Carried hy the followin~
vote:
Yeas-Mayor Stackis, Couucilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Wertzherger moved
adoption of the Resolution. Seconded
byMayor Stackis. Carried by the follow-
ing vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
July27,1977
To the Honorable Mayor
and City Council
Pursuant to your instructions sealed
proposals were received until 10:00 a.m"
Wednesday, Jnly 27, 1977 for the City of
Duhuque 1977 Curb Replacement Pro-
ject.
The lowest hid was entered by Tri-
State Paving Company, Division of Du-
huque Stone Products of Dubnque, Iowa.
Their bid was 0.001% under the en-
gineer's estimate.
I recommend that the contract for the
improvement be awarded to the Tri-
State Paving Company, Division of Du-
buque Stone Products.
Gilbert D. Chavenelle
City Manager
Couneilman Wertzberger moved that
the communication be received and filed.
Seconded hy Councilman Pregler. Car-
ried by the following Vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
(Awarding Contract)
RESOLUTION NO. 299-77
WHEREAS, sealed proposals have
heen submitted by contractors for the
City of Duhuque 1977 Curb Replace-
ment Project pursuant to Resolution No
228-77 and notice to hidders puhlishedin
a newspaper puhlished in said City on
July 21, 1977, and
WHEREAS, said sealed propoals were
opened and read on July 27, 1977, and it
has been determined that the bid of Tri-
State Paving Company, Division of Du-
huque Stone Products ofDuhuque in the
amount of $30,575.83 was the lowest bid
for the furnishing of all labor and mater-
ials and performing the work as provid-
ed for in the plans and specifications;
now therefore,
BE IT RESOLVED hy the City Coun-
cil of the City of Duhuque that the con-
tract for the above mentioned improve-
ment be awarded to Tri-State Paving
Company, Division of Duhuque Stone
Products and the Manager be and he is
herehy directed to execute a contract on
behalf of the City of Duhuque for the
complete performance of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and the
approval of the contractors hond the City
Treasurer is authorized and instructed
to return the hid deposits of the unsuc-
cessful bidders.
Passed and adopted this 1st day of
August, 1977.
Emil Stackis
Mayor
ThomasA. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmeo
ATTEST:
Leo F. Frommelt
City Clerk
Couucilman Wertzherger moved
adoption of the Resolution. Seconded hy
Councilman Pregler. Carried by the fol-
lowing vote:
412
EmiiStackis
Mayor
Richard Wertzherger
James E. Brady
Waiter A. Pregler
Councilmen
Regular Session, August 1, 1977
Regular Session, August 1,1977
413
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Proof of Publication, certified to hy
the Puhlisher, of Notice to Contractors
of the Receipt of Proposals for the Con-
struction of City of Dubuque 1977 As-
phalt Paving Project No. I, presented
and read. Councilman Pregler moved
that the proof of publication he received
and liied. Seconded hy councilman
Wertzberger. Carred by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
July26,1977
To the Honorable Mayor
and City Council
Pursuant to your instructions sealed
proposals were received until 10:00 a.m"
Tuesday, July 26, 1977 for the City ofDu-
buque 1977 Hot-Mix Hot-Laid Asphaltic
Concrete Paving Project No. I.
The Lowest bid was entered by Tri-
State Paving Company, Division of Du-
huque Stone Products ofDuhuque, Iowa.
Their hid was 6.5% under the engineer's
estimate.
I recommend that the contract for the
improvement he awarded to the Tri-
State Paving Company, Division of Du-
buque Stone Products.
Gilbert D. Chavenelle
City Manager
Council Pregler moved that the com-
munication be received and filed. Second-
ed by Concilman Wertzberger. Carried
hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregier, Tully, Wertzberger.
Nays-none.
(Awarding Contract)
RESOLUTION NO. 300-77
WHEREAS, sealed proposals have
been suhmitted by contractors for the
City of Duhuque 1977 Asphalt Paving
Project No. I pursuant to resolution No.
198-77 and notice to bidders puhlished in
a newspaper published in said City on
JulyII,1977:and
WHEREAS, said sealed proposals
were opened and read on July 26, 1977,
and it has been determined that the bid
of Tri-State Paving Company, Division
of Dubuque Stone Products of Dubuque,
Iowa 52001 in the amount of $189,407.79
was the lowest bid for the furnishing of
all labor and materials and performing
the work as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED hy the City Coun-
cil of the City of Dubuque that the con-
tract for the above mentioned improve-
ment be awarded to Tri-State Paving
Company, Division of Dubuque Stone
Products and the Manager be and he is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and the
approval of the contractors bond the City
Treasurer is authorized and instructed
to return the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 1st day of
August, 1977.
at the time of the final consideration of
this proposed resolution have on file with
the City Clerk, ohjections to the amount
of the cost of improvement, they shall be
deemed to have waived all ohjections
thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications which have heeu ap-
proved hy the City Couucil and are now
on liie with the City Clerk. That the cost
and expense of making said improve-
ment will he paid out offundsofa Gener-
al Bonds issne and other funds legally
permissable.
The above resoiution was introduced,
apProved and ordered placed on file with
the City Clerk this 18th day of July,
1977.
RECORD OF FINAL ADOPTION
The foregoing resolution was !inaliy
passed and adopted, as proposed, by the
City Council this 1st day of August,
1977.
EmiiStackis
Mayor
ThomasA. Tully Jr.
Richard Wert,herger
James E. Brady
Walter A.Pregler
Councilmen
ATTEST:
LeoF.Frommeit
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded by Conneil-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Proof of Puhlication, certified to hy
the Publisher, of Notice of Pendency of
resolution of Necessity for puhlic im-
provements and hearing upon proposed
plans and specifications, form of con-
tract and cost of improvements for the
constructiou of the Five Fiags Civic CcÌ1-
ter located at 4th and 5th, Locnst and
Main Streets, presented and read. Coun-
cilman Pregler moved that the proof of
publication he received and filed. Se-
conded by councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Wertzherger.
Nays-None.
Abstain-Councilman Tully.
(Necessity for Improvemenl)
RESOLUTION NO. 294-77
WHEREAS, proposed plans, specifica-
tions, and form of contract have heen
duiy prepared and approved by the City
Council of the City of Dubuque and are
now on liie in the office of the City Clerk
showing among other things the follow-
ing:
I. The plan of such improvement
2. An estimate of the cost of the im-
provement
for the construction of the Five Flags Civ-
ic Center iocated at 4th, 5th, Locust and
Main Streets, Duhuque, Iowa.
BE IT THEREFORE RESOLVED that
the City Council on its own motion deems
it advisable and necessary for the public
welfare to make the herein mentioned im-
provement, and unless property owners
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Pregler moved final adop-
tion of the Resolution. Seconded hy Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Wertzherger.
Nays-none.
Ahstain-Councilman Tully.
Decision of council upon objections to
plans, specifications, form of contract
and cost of improvements
RESOLUTION NO. 301-77
WHEREAS, proposed plans and spec-
ifications and form of contract for the
construction of the Five Flags Civic Cen-
ter located at 4th, 5th, Locust and Main
Streets, Dubnque, Iowa
have been approved hy the City Conncil
of the City of Dubuque and public no-
tice given as provided hy Chapter 384 of
the Code of Iowa 1977 pertaining to pub-
lic contracts and honds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvements,
said time being this 1st day of August,
1977: aud
WHEREAS, the City Council met in
regular session this 1st day of August,
1977, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
considering any and all ohjeetions which
been filed to the proposed plans, specifi-
cations or coutract for or cost of the im-
provement herein descrihed and propos-
ed to he made; and
WHEREAS, all interested parties
have been giveo ao opportunity to be
heard and all objections which have been
duly weighed and considered; now,
therefore
BE IT RESOLVED hy the City Coun-
cil of the City of Dubuque, that all ohjec-
tions which have heen made and liied to
the plans, specifications, coutract for or
cost of said improvement herein describ-
ed and proposed to he made, he and the
same hereby overruled and such plans,
specifications and form of contract here-
tofore approved are herehy adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision of
this Couucil npon all ohjections which
have heen liied to the plans, specificatious
and form of cost said improvement he
made a matter of permanent record in
connection with said improvement.
Passed adopted, and approved this 1st
day of August, 1977.
EmiiStackis
Mayor
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded by Council-
man Wertzherger. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Wertzberger.
Nays-none.
Ahstain-Councilman Tully.
(Ordering Construction)
RESOLUTION NO. 302-77
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE
that pursuant to a Resolution of Neces-
sity No. 294-77 which was duly passed
by this Council for the Five Flags Civic
Center located at 4th, 5th, Locust and
Main Streets, Dubuque, Iowa.
be and the same are hcrehy ordered and
constructed hy this Council upon its own
motion and with or withont the petition
of property owners. All the work shall
be constructed in accordance with the
plans and specifications heretofore adopt-
ed and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said improve-
ment he paid from the General Bonds is-
sue and other funds legally permissible.
BE IT FURTHER RESOLVED that
the City Clerk he and he is hereby order-
414
Regular Session, August 1, 1977
ed and directed to advertise for propos-
als for the construction of the various
improvements herein provided for in the
maunerprovided bylaw.
BE IT FURTHER RESOLVED that
this resolution heing deemed urgent and
of IMMEDIATE NECESSITY shall he
in foree and effect from and after its pas-
sage and adoption by the City Council.
Passeô adopted, and approved this 1st
day of August, 1977-
EmiiStackis
Mayor
Richard Wertzherger
JamesE.Brady
, WalterA.Pregler
Councilmen
ATTEST:
LeoF.Frommelt
City Clerk
Couucilman Pregler moved adoption
of the Resolution. Seconded by Council-
man Wertzberger. Carried by the follow-
ingvote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Wertzberger.
Nays-nonc.
Abstain-Couneilman Tully.
July 13, 1977
Honorahle Mayor
And Councilmen
The City of Duhuque Planning and Zon-
ing Commission has reviewed the final
plat of "Terrace Estates First Addition,"
a subdivision of property owned by Man-
ternach Development Company which
lies west of Peru Road south of the Ter-
race Heights Mohile Home Park in the
City of Duhuqne, Iowa.
The final plat is depieted on the attach-
ed map and shows the development plan
for 31 single-family residential lots and
9 multi-family residential lots and dedi-
cating Aerostar Drive, Cessna Drive,
Piper Court and Enstrom Court as puh-
lie streets.
The Planning and Zoning Commission
has found the final plat of "Terraee Es-
tates First Addition", to be in conform-
ance with the Subdivision Regulations
and the Zoning Ordinance of the City of
Duhuque, Iowa, and recommends your
favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of
Commuuity Development
Councilman Wertzberger moved that
the communication be received and filed.
Seeonded by Councilman Pregler. Car-
ried by the following votc:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 303.77
Resolution approving the final plat
of Terrace Estates 1 st Addition in
the City of Dubuque,lowa.
WHEREAS, there has heen filed with
the City Clerk a plat of the Subdivision
to be to he known as: Terrace Estates 1st
addition in the City ofDubuque, Iowa, by
Thomas J. Manternach, in the City of
Dubuque, Iowa; and
WHEREAS, upon said plat appear
streets to he known as Aerostar Drive,
Cessna Drive,Piper Court, and Enstrom
Court, together with the adjacent right-
of-wny of Peru Road and certain public
utility easements which the Owners hy
said plat have dedicated to the puhlic
forever; aud
WHEREAS, said the plat has heen
examined hy the City Planning and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they find
that the same conforms to statues and
ordinances relating tbereto, except that
street grades have not been estahlished,
the streets brought to grade, or paving,
sewer or water installed;
NOW, THEREFORE, BE IT RESOLV-
ED BY THE City Council of the city of
Dubuque, Iowa:
Section 1. That the dedications of Aero-
star Drive, Cessna Drive, Piper Court,
and Enstrom Court, together with the
right-of-way of Peru Road and new ease-
ments for public utilities as the same ap-
pear upon said plat, be and the same are
hereby accepted;
Section 2. That the plat of Terrace
Estates 1st Addition in the City of Du-
huqne, Iowa, and the right-of-way here-
by heing dedieated above in Seetion I be
and the same is hereby approved and the
Mayor and City Clerk are herehy
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said plat, provided the owners of
said property herein named, execute
their written acceptance hereto attach-
ed agreeing:
a. To reduce all streets to grade and to
construct concrete curb and gutter
and to hard surface with bituminous
concrete, or with concrete paving
with iutergral curb, all in accordance
with City ofDuhuque Standard Speci-
fications;
h. To install sanitary sewer mains and
sewer service laterals in accordance
with plans submitted with the plat;
c. To install water mains and water ser-
vice laterals in accordance with plans
submitted with the plat;
d. To install storm sewers and catch-
hasins in accordance with plans suh-
mitted with the plat;
Regular Se~on, August 1, 1977
415
e. To install concrete sidewalks as re-
quired hy Ordinanees, and where di-
rected by the City Engineer aud the
City Manager;
f. To construct all improvements in
compliance with any and all appli-
cable City of Dubuque Specifications
and as approved by the City En-
gineer;
g. To maintain the foregoing improve-
ments for a period of four 141 years from
the date of their acceptance by the Ci-
ty of Duhuque, Iowa:
h. To provide the foregoing construc-
tion and maintenance at the sole ex-
pense of the Suhdivider, Thomas J.
and Cecilia M. Manternach, as own-
ers;
i. To construct said improvements
except sidcwalks, prior to July 15,
1979, and to construct the sidewalks
prior to July 15, 1981.
j. To install in aecordance with City
Specification, honlevard street light-
ing within thirty 1301 days after the
eompletion of the adjacent curb and
gutter within any particular section
of the proposed suhdivision.
and further, provided that said Thomas
J. Manternach, as Owner of said Suhdivi-
sion, secure the performance of the fore-
going conditions hy providing security
in such form and with such sureties as
may he acceptable to the City Manager.
Section 3. That in the even ThomasJ.
Manternach shall fail to execute the ac-
ceptance and fnrnish the security pro-
vided for in Section 2 hereof within 45
days after the date of this Resolution,
the provisions hereof shall he null and
void and the aceeptanee of the dediea-
tion and approval of the plat shall not he
effeetive.
Passed, adopted and approved by nn-
animous recorded roll call this 1st day of
August, 1977-
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 303.77
We, the undersigned Thomas J. Man-
ternach having read the terms and con-
ditions of the foregoing Resolution No.
303-77 and heing familiar with the con-
ditions thereof, herehy accept the same
and agree to perform the conditions re-
qnired therein.
Dated at Duhnqne, Iowa, this 1st day
of August, 1977-
Thomas J. Manternach
TO: Leo F. Frommelt
City Clerk
This is to certify that the security pro-
vided by the foregoing RESOLUTION
NO. 303-77 has heen fnrnished hy the Own-
ers.
Dated at Dubnque, Iowa, this 6th day
of Septemher, 1977.
Gilhert D. Chavenelle
City Manager
Councilman Wertzherger moved adop-
tion of the Resolution. Seconded hy Coun-
cilman Pregler. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
July 22, 1977
Honorahle Mayor
and Members of City Couneil
Attached please find a proposed res-
olution transferring 49,040.00 of CDBG
Funds from the Urhan Renewal Land Pro-
ject-Iowa R-15 Land Purchase to the Pro-
gram Administration Fund.
This transfer is necessary to cover the
cost of two building inspectors working
in the Rehabilitation area and the addi-
tional cost resulting from the FY'78 wage
package. We have attached a eompara-
tive resume indicating the differenees
between the hudget adopted for FY 1978
hy the City Couneil and the budget suh-
mitted to HUD whieh was approved in
Grant Agreement B-77-MC-19-0004 dat-
ed May 10, 1977-
The adoption of this resolution wili
amend the ahove agreement, and does
not require the approval of HUD.
Gilhert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication he received and filed.
Seconded hy Councilman Brady. Carried
hy the following vote:
Yeas-Mayor Staekis, Conncllmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 304-77
A RESOLUTION DIRECTING THE
TRANSFER OF COMMUNITY DEVEL.
OPMENT BLOCK GRANT FUNDS FROM
THE URBAN RENEWAL LAND PRO.
JECT IOWA R.15 LAND PURCHASE TO
THE PROGRAM ADMINISTRATION
FUND
NOW THEREFORE, BE ITRESOLV-
ED BY THE City Conneil of the City of
Duhnque, Iowa:
Section 1. That an amount not to ex-
ceed Forty-nine Thousand Forty DoHars
1$49,040.001 shall be transferred from
the Urban Renewal Land Project Iowa
Regular Session, August 1, 1977
417
416 Regular Session, August 1,1977
R-15 Land Purchase to the Program Ad- RESOLUTION NO. 306.77
ministration Fund for the purposes of A RESOLUTION DIRECTING THE
amendln~ Grant AKreement B-77-M(;' TRANSFER OF COMMUNITY DE.
19-0004 dated May 10, 1977. VELOPMENT BLOCK GRANT
Passed, adopted, and approved this 1st FUNDS FROM THE CONTINGEN.
day of August, 1977. CY FUND TO THE MAIN STREET
EmU Staekis LiGHTING PROJECT
Mayor NOW THEREFORE, BE IT RESOL V-
Thomas A. Tully Jr. ED BY THE City Council of the City of
Richard Wertzberger Dubuque, Iowa:
James E. Brady Section 1. That an amount not to ex-
Walter A. Pregler ceed Fourteen Thousand Six Hundred
Councilmen Fifty-one ($14,651.001 shall be transferred
from the Fiscal Year 1977 Community De-
velopment Bloek Grant Contingeney Fund
for the purposes of securing the award of
a eonstruction contract for the Main
Street Lighting Project.
Passed, adopted, and approved this 1st
day of August, 1977.
EmU Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
Central to area bounded by city lim-
its on north, White Street on east,
30th Street on south and Lemon Street
on west.
WHEREAS, pursuant to Resolution
No. 271-77 adopted July 18, 1977, Public
Noticeofa "Finding of No Significant Ef-
fect on the Environment" for the propos-
al (projectl was puhlished July 19, 1977,
in the Duhuque Teiegraph Herald, a news-
paper of general circulation, and provid-
ed for a puhlie comment period untU 12:00
noon, Friday, August 5, 1977: and
WHEREAS, Public Notice of a "find-
ingofNo Significant Effect on the Envir-
onment" for the proposal (project) was
sent hy regular mail to various Federal,
state and local puhlic agencies and to the
local news media, Individuals and groups
known to he interested and believed to he
appropriate to receive such a Public No-
tice; and
WHEREAS, any and all objectives, if
any, to such proposals have been duly con-
sidered; and
WHEREAS, It is the Intent of the City
Council to authorize the suhmisslon of a
request tothe U.S. DepartmentofHous-
ing and Urban Development for release
of funds under the said Act to carry ont
the ahove IdenWied project; now there-
fore
BE I1'RESOLVED BY THE City Coun-
cU of the City of Dubnque, Iowa:
Section 1. That the Environmental
Review Record for the proposallproject)
shall continue to remain on file in the Of-
ficeofthe City Clerk, where said records
may be examined and copied hy any inter-
ested party.
Section 2. That the Mayor of the City
ofDubuque is herehy authorized and dir-
ected to suhmit to the U.S. department
of Housing and Urban Development on
August 16, 1977, a request for release of
funds to undertake the said Project.
Section 3. That the Mayor of the city
of Dubuque is herehy authorized to eon-
sent to assume the status of a responsi-
hie Federal official under the National
Environmentai Protection Aet, insofar as
the provisions of the said Aet apply to the
U.S. Department of Housing and Urban
Development's responsihilities for re-
view, decision-making, and aetion assum-
ed and earried out by the City ofDubuque
as to environmental issues.
Section 4. That the Mayor of the Ci-
ty of Dubuque Is hereby authorized to
consent personaliy, in his official capaci-
ty and on behalf of the City of Dubuque,
to accept the jurisdiction of the Federal
courts if an action is brought to enforce
responsibilities in relation to environ-
mental reviews, decision-making and
action.
Seclion 5. That the Mayor of the City
of Dubuque be and he is hereby authoriz-
ed and directed to exerute a Certification
pertaining to the environmental review
procedures.
Section 6. That the City Clerk be and
he is hereby authorized and directed to
publish a Public Notice for a Request for
Release of Funds and Certification in the
form of Exhibit "A" attached hereto and
made a part hereof.
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved adop-
tion of the Resolution. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas-Mayor Stackls, Councilmen Brady,
Pregler, Tuliy, Wertzberger.
Nays-none.
ATTEST:
Leo F. ¡'rommelt
City Clerk
EXHIBIT "A"
PUBLiC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community De-
velopment Block Grant Program, the Ci-
ty of Dubuque Intends to file a request on
August 16, 1977, for Release of Funds for
Certification of the following identified
project to be undertaken with funds
made available under Title I of the Hous-
ing and Community Development of 1974.
Acquisition of site for relocation of
Fire Engine House #1 from 18th and
Central to area bounded by city lim-
its on north, White Street on east,
30th Street on south and Lemon Street
on west.
The City of Dubuque has made an En-
vironmental Review Record for the pro-
ject, and has placed these records on file
in the Office of the City Clerkin City Hall,
11th and Central Streets, Duhuque, Iowa
where said records may he examined and
copied between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday until
5:00 p.m" on the 31st day of August, 1977.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Execu
tive Officer of the applicant is Mayor Emil
Staekis. The mailing address for both the
applicant and the Chief Executive Officer
is City Hall, 13th and Central Streets,
Dubuque, Iowa.
The City of Dubuque will undertake the
projeet descrihed above with hlock grant
funds from the U.S. Department of Hous
ing and Urhan Development (HUD!, un
der Title I of the Housing and Communi
ty Development Act of 1974. The City of
Duhuque is certifying to HUD that the
City of Dubuque and Emil Staekis, in his
official capacity as Mayor, ronsent to ac
cept the jurisdiction of the Federal courts
if an action is brought to enforce respon
RESOLUTION NO. 305.77
A RESOLUTION DIRECTING THE
TRANSFER OF COMMUNITY DE-
VELOPMENT BLOCK GRANT
FUNDS FROM THE COMISKEY
PARK IMPROVEMENT PROJECT
TOTHE COMISKEY PARK TENNIS
COURT RECONSTRUCTION PRO.
NOW THEREFORE, BE ITRESOLV-
ED BY THE City Council of the City of
Dubuque, Iowa:
Section 1. That an amount not to ex-
ceed Five Hundred Thirteen Dollars and
Forty-eight Cents ($513.48) shall be trans-
ferred from the Comiskey Park Improve-
ment Project to the Comiskey Park Ten-
nis Court Reconstruction Project for the
purposes of completing a construction
contract.
Section 2. That the foregoing transfer
of funds has heretofore heen approved
by the Community Development Com-
mission.
ATTEST:
Leo F. Frommelt
City Clerk
CouncUman Wertzberger moved adop-
tion of the Resolution. Seconded by Coun-
cilman Brady. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Proof of Publication, certified to hythe
Publisher, on Community Development
Block Grant Program for acquisition of
site for relocation of Fire Engine House
#1 from 18th Street, presented and read.
Councilman Pregler moved that the proof
of publication he received and filed. Sec-
onded byConncilman Wertzberger.Car-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 307.77
AUTHORIZING SUBMISSION OF
A REQUEST FOR RELEASE OF
FUNDS FOR CERTAIN COMMU.
NITY DEVELOPMENT BLOCK
GRANT PROJECTS
WHEREAS, the City of Duhuque in
conformance with the Environmental Re-
view Procedures for the Community De-
velopment Block Grant Program conven-
ed an ad hoc committee on June 29, 1977,
and completed an Environmental Assess-
ment of the following identified propos-
allprojeetl with Community Development
Block Grant funds; and
Acquisition of site for relocation of
Fire Engine House #1 from 18th and
Passed adopted, and approved this 1st
day ef August, 1977.
Emil Staekis
Mayor
Thomas A. 'fully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved adop-
tion of the Resolution. Seconded by Coun-
cilman Brady. Carried hy the following
vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
418
Regular Session, August 1,1977
sibilities in relation to environments re
views, decision-making, and aetion; and
that these responsihilities have been sat
isfied. The legai effect of the certification
is that upon its approval, the City of Du
buque may use the block grant funds and
HUD will have satisfied its responsihili
ties under the National Euvironmental
Policy Act of 1969. HUD will accept au
objection to its approval of the release of
funds and acceptance of the certification
only ifitis on one of the following bases: (a)
That the certification was not in fact excc-
ted by the Chief Executivc Officcr or oth-
er officer of applicant approved hyHUD;
or (hi that applicant's environmental re
view record for the project indicates omis
sion of areqnired decision, finding, orstep
applicahle to the project in the environ-
mental review process. Objectionsmust
he prepared and suhmitted in accor-
dance with the required procedure (24
CFR Part 581, and may he addressed to
HUD at the Omaha Area Office, 7100
West Center Road, Omaha, Nehraska
68106. Ohjections to the release of funds
on a basis other than those stated ahove
will not he con sidered hy HUD. No oh-
jection received after the 31st day of
August, 1977, will be considered hy
HUD.
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded by Council-
man Wertzherger. Carried hy the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmeu
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 308.77
Authorizing submission of a request
for release of funds for certain
community development block grant
projects
WHEREAS, the City of Dubuque in
conformance with the Environmental Re-
view Procedures for the Community
Development Block Grant Program con-
vened an ad hoc committee on May 19,
1976 and completed an Environmental
Assessment of the following identified
proposals (projectsl with Community
Development Block Grant funds; and
Neighborhood Parks Acquisition
and/or Development
WHEREAS, pursuant to Resolution
No. 72-76 adopted May 24, 1976, Public
Notice of a "Finding of No Significant Ef-
fect on the Environment" for the propos-
als (projects! was published May 25,
1976, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public eomment period
until 12:00 Noon, Wednesday, June 18,
1976: and
WHEREAS, Puhlie Notiee of a "Find-
ing of No Significant Effect on the Envi-
ronment" for the proposals (projectsl
was sent by regular mail to various
Federal, state and local public agencies
and to the local news media, individuals
and groups known to be interested and
believed to he appropriate to receive
such a Publie Notice: and
WHEREAS, any and all objections, if
any, to such proposals have heen duly
eonsidered; and
WHEREAS, it is the intent of the
City Council to authorize the suh-
mission of a request to the U.S. De-
partment of Housing and Urban Deve-
lopment for release of funds under the
said Act to carry out theabovc identified
projects: now thcrcfore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
Review Record for each of the proposals
(projectsl shall continue to remain on file
in the Office of the City Clerk, where
said records may he examined and
eopied by any interested party.
Section 2. That the mayor of the City
ofDubuque is herehy authorized and dir-
ected to suhmit to the U.S. Department
of Housing and Urhand Development on
the 10th day of Augnst, 1977, a request
for release of funds to undertake the said
projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a rèsponsi-
hie Federal offieial under the National
Environmental Protection Act, insofar
as the provisions ofthe said Act apply to
the U.S. Department ofHousing and Ur-
han Development's responsibilities for
review, decision-making, and action as-
sumed and carried out hy the City ofDu-
huque as to environmental issues.
Section 4. That the Mayor of the City
of Duhnque is hereby authorized to con-
sent personally, in his official capacity
and on hehalf of the City of Duhuque, to
accept the jurisdiction of the Federal
eourts if an aetion is brought to enforce
responsibilities in relation to environ-
mental reviews, decision-making and ac-
tion.
Section 5. That the Mayor of the City
ofDubuque be and he is herehy authoriz-
ed and directed to execute a Certifica-
tion pertaining to the environmental re-
view procedures.
Section 6. That the City Clerk he and
he is hereby authorized and directed to
publish a Puhlic Notice for a Request for
Release of Funds and Certification in the
form ofExhihit "A" attached hereto and
made a part hereof.
Regular Session, August 1, 1977
419
Passed adopted, and approvcd this 1st
day of Augnst, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Waiter A. Pregler
Councilmen
ATTEST:
Lco F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community De-
velopmcnt Block Grant program, the City
of Dubnque intends to file a rcquest on
August 10, 1977, for Release of funds for
Certification of the following identified
projects to he undertaken with funds
made availablc under Title I olthe Hous-
ing Community Development Act. of
1974.
Neighborhood Parks Acquisition
and/or Development
Thc City of Duhuque has made an
Envi.-onmental Revicw Record fm- the
projects, and has placed these records on
file in the Office oftheCity Clerk in City
Hall, lath and Ceotral Streds, Du-
buque, Iowa, where said records may he
examined and copied between the hours
of 8:00 A.M. and 5:00 P.M., Monday
through Friday, the last day being the
26th day of August, 1977.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Execu-
tive Officer of the applicant is Mayor
Emil Stackis. 'l'he mailing address for
hoth the applicant and the chief Execu-
tive Officer is City Hall, 13th and Central
Streets, Dubuque, Iowa.
The City of Dubuque will undertake
the projects described above with block
grant funds from the U.S. Department of
Housing and Urban Development (HUD),
under title I of the Housing and Com-
munity Development Act of 1974. The
City of Dubuque is certifying to HUD
that the City of Dubuque and Emil Stackis,
in his official capacity as Mayor, consent
to accept the jurisdiction of the Federal
courts if an action is hrought to enforce
responsiblities in relation to environ-
mental reviews, decision-making, and
action; and that these responsibilities
have been satisfied. The legal effect of
the certification is that upon its approv-
al, the City of Dubuque may use the
block grant funds and HUD will have sa-
tisfied its responsibilities under the Na-
tional Environmental Policy Act of
1969. HUD will acceptan objection to its
approval of the release of funds and ac-
eeptance of the certification only if it is
on one of the following hases (a) That the
certification was not in fact executed by
the Chief Executive Officer or other of-
ficer of applicant approved hy HUD: or
(hi that applicant's environmental re-
view record for the project indicates
omission of a reqnired decision, finding,
or step applicable to the project in the
environmental review process. Ohjec-
tions must be prepared and submitted in
accordance with the required procedure
(24 CFR Part 58), and may be addressed
to HUD at the Omaha Area Office, 7100
West Center Road. Omaha, Nehraska
68106. Objections to the release of funds
on hases other than those stated above
will not be considered by HUD. No objec-
tion received after the 26th day of Au-
gust will be considered by HUD.
Leo F. Frommelt
City Clerk
Conncilman Pregler moved adoption
of the resolution. Seconded hy Council-
man Wertzberger. Carried by the fol.
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Planning & Zoning
Commission recommending favorablo
consideration of the final plat of Lots 2
thru 18 ofBlock 17 in Mettel-Byrne Addi-
tion and A RESOLUTION approving the
plat of Lots 2 thru 18 in Block 17 Mettel-
Byrne Addn. in the City of Duhuque,
Iowa, presented and read. Councilman
Pregler moved that the communication
and resolution be tabled to the meeting
ofSeplemher6, 1977. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
July 26, 1977
Honorable Mayor and
City Council
Attached is a recommended two year
contract with Computer Consulting Ser-
vice, Inc. to continue providing specified
data processing services. The contract
covers fiscal years 1978/1979 and includ-
es an update on the rates and services
provided under past cootracts. The
rates and services delineated in the con-
tract are budgeted for fiscal year 1978.
The attached resolution authorizes
the City Manager to enter into the
agreement.
Gilhert D. Chavenelle
City Maoager
Councilman Pregler moved that the
communication he recieved and filed. Se-
conded by councilman Wertzherger. Car-
ried hy the following vote:
420 Regular Sessiou, August 1, 1977
Yeas-Mayor Stackis, Councilmen Brady, RESOLUTION NO.310.77
Pregler, Tnlly, Wertzherger. Authorizing publication of notice
Nays-none. of public hearing and setting date for
RESOLUTION NO. 309.77 public hearing to consider citizen in.
Authorizing the execution of a can. put on implementation of section 8
tract with Computer Consulting Ser. existing housing program for 100
vice, Inc. units
WHEREAS, for the effieient and ex- WHEREAS, the City of Dubuque has
penditious handling of certain municipal applied to the Department of Housing
operations, it is necessary for the City of and Urhan Development (HUD) for one-
Dubuque to continue to purehase eertain hundred (1001 units of Section 8 Ex-
data processing services covering pay- isting Housing; and
roll records; fund ledger; hudgetary sys- WHEREAS, Chapter 403A.28, as
tem: water, sewer and refuse hilling, po- amended, of the Code of Iowa, is re-
lice operationai reports and parking vio- quired to hold a Puhlic Hearing before
iations: and othe miscellaneous services. sneh project can be implemented: and
NOW THEREFORE, BE IT RESOLV- WHEREAS, HUD, requires that all
ED BY THE CITY OF DUBUQUE, local and state iaws he complied within
row A: order for the City of Duhuque's applica-
Secion 1.That the City Manager he tion to be processed; and
and he is herehy authorized and directed WHEREAS, it is deemed to he in the
to enter into an agreement with Computer hest interest of the City of Dubuque
Consuiting Services, fnc. to provide the Public Housing Program to hold a Puh-
City ofDuhuque with comprehensive dn- lie Hearing on the matter;
ta processing services. NOW, THEREFORE, BE IT RE-
Passed adopted, and approved this 1st SOLVED BY THE CITY COUNCIL 01'
day of August, 1977. THE CITY OF DUBUQUE, row A:
Emil Stackis Section 1. That the City Clerk he
Mayor and he is herehy authorized and direct-
Thomas A. Tully Jr. ed to puhlish notice of a puhlie hearing
Richard Wertzherger in a newspaper of general eirculation
James E. Brady within the City of Duhuque, Iowa at
Walter A. Pregler least fifteen (15) days prior to the date
Councilmen set for the hearing in the form of Ex-
hihit "A" attached hereto and made a
part hereof.
Section 2. That the City Council will
hold such Puhlic hearing on Septemher
6, 1977, at 7:30 p.m. in City Council
Chambers, City hall, Duhuque, Iowa.
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk'
Councilman Pregler moved adoption
of the Resolution. Seconded by Council
man Wertzherger. Carried hy the
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
July 27, 1977
Honorahle Mayor
Members of City Council
Attached, please find Resolution Au-
thorizing Puhlie hearing regarding the
100 Unit Application for Existing Hous-
ing which you recently applied for.
Such public hearing is reqnired by
State law and hy HUD.
Please he advised that you are re-
quested to set the date for said hearing.
I wouid suggest setting it for approxima-
tely one month from now.
Daniel Dittemore
Director of Community
Development
Councilman Pregler moved that the
communication he received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded hy coun-
cilman Tully Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Juiy 26, 1977
To the Honorahle Mayor
and City Council
The attached agreement provides for
the Iowa Department of Transporta-
tion's participation in the paving of
Regular Session, August 1, 1977
421
South Locust from Railroad to Dodge
Street.
The total construction cost is esti-
mated to he $58,126.20, of which the
Department of Transportation's share
is $36,989.40.
I would recommmend that we execute
the agreement to allow for the partici-
pation, and have enclosed a resolution
authorizing the same.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the eommunieation he received and fil-
ed. Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Pregler,
Tully, Wertzherger.
Nays-Councilman Brady.
RESOLUTION NO. 311-77
Resolution authorizing execution
of agreement between CiIy of Du-
buque, Iowa and Iowa Department of
Transportation relating to the paving
of South Locust from Railroad Aven.
ue to Dodge Street.
That the Mayor and City Clerk be
and they are hereby authorized and
direeted to execnte agreement number
77-U-007 with the Iowa Department of
Transportationn, two copies of which
are attached, relating to the paving of
South Locust Street.
Passed adopted, and approved this
1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the Resolution. Seconded hy
councilman Pregler. Carried hy the fol-
lowing vote:
Y' eas-Mayor Stackis, Councilmen
Pregler, Tully, Wertzhergcr.
Nays-Councilman Brsdy.
July 27, 1977
To the Honorable Mayor
and City Council
I herehy suhmit the plans and specifi-
cation for 20th Street Traffic Signals
from Central A venue to Elm Street.
Gilbert D. chavenelle
City Manager
Mayor Stackis moved that the com-
munication be received and filed. Se-
conded by conncilman Pregler. Carried
by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 312-77
Preliminary Estimate and approved
of plans, spec" etc. for construction of
20th Street Traffic Signals from Cen-
tral Ave. To Elm Street, in the estimat-
ed amount of $42,191.99, presented and
read. Mayor Stackis moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried hy the following
vote:Yeas-Mayor Stackis, Conncilmen
Brady,Pregler, Tully, Wertzberg-
cr. Nays-none.
RESOLUTION NO. 313.77
WHEREAS, proposed plans, speci-
fications, form of contract have been du-
iy prepared aud approved by the City
Council of the City of Dubuque and are
now on file in the office of the City
Clerk showing among other things the
following:
I. An estimate of the cost of the pro-
posed improvement for the 20th Street
Traffic Signals from Central Avenue to
Elm Street.
BE IT THERFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners,
deems it advisable and necessary for
the puhlic 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 ob-
jections to the proposed improvement,
they shall be deemed to have waived all
ohjections thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications which have been pre-
pared therefore by the City Engineer which
have heen approved by the City Council
and are now on file with the City Clerk.
That the cost and expense of making said
improvement will he paid from the Road
Use Tax Funds.
The ahove resolution was introduced,
approved, and ordered piaced on file with
the City Clerk this 1st day of August, 1977.
Approved and placed on file for final
action.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved approval of the
Resolution. Seconded by Councilmau Preg-
ler. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
422
Regular Session, August 1, 1977
Regular Session, August 1, 1977
423
(Fixing Date of Hearing)
RESOLUTION NO. 314.77
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for puhlic inspection for the 20th
Street Traffic Signals from Central A ve-
nue to Elm Street.
BE IT THEREFORE RESOLVED that
on the 15th day of August, 1977, a puhlic
hearing will hc hcld at 7:30 p.m. in the Coun-
cil Chamber of the City of Dubuque at which
time the ohjcctors for the proposcd im-
provement may appear and make objec-
tion to the proposed plans and specifica-
tions and proposed form of contract, to the
cost of the improvement and the City Clerk
he and he is herehy directed to cause a no-
tice of the time and place of such hearing
to be puhlished in some newspaper pub-
lished in the City ofDubuque which shall
be not less than four (4) days nor more than
twenty (201 days prior to the day fixed for
its consideration of the aforementioned
improvement.
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Staekis moved adoption of the
Resolution. Seconded hy Councilman Preg-
ler. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzbergerc
Nays-none.
RESOLUTION NO. 315-77
BE IT RESOLVED by the City Council
ofthe City ofDubuque, Iowa, that the fol-
lowing having complied with the provisions
of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, he grant-
ed a permit to sell Cigarettes and Cigar-
ette Papers within said City.
Donald Plumley, 1122 Dodge St.
Hazel Koeller, 2987 Jackson St.
Passed, a40pted, and approved this 1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt'
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded by Mayor
Stackis. Carried hy the rollowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, 1'ully, Wertzherger.
Nays-none.
Passed, adopted, and approved this 1st
day of Angust, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Waiter A. Pregler
Councilmen
RESOLUTION NO. 316-77.
WHEREAS, applications for Beer Per-
mits have been suhmitted to this Council
for approval and the same have heen ex-
amined:
NOW THEREFORE IT BE RESOL V-
ED BY THE City Council of the City of
Dubuque, Iowa, that the following appli-
cations he granted and permits issued up-
on the compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
Women's Recreation Association, Inc.
(Also Sunday Sales 1 McAleece Field
John P.Frangos (Also Sunday Salesl1236
Iowa Street
Saint Columhkille Church (Also Sunday
Sales 1 1240 Rush Street
The Church of the Nativity (Also Sunday
Salesl 1225 Alta Vista St.
CLASS "C" BEER PERMIT
Thomas Astgen, Sunday Sales, 1101 Rhom-
herg Ave.
Duhuque Packing Company, 16th & Sy-
camore St.
Hartig Drug Co., Sunday Sales, 2225 Cen-
tral Avenue
Hartig Drug Co" SundaySales, 2255 John
F. Kennedy
Hartig Drug Co., Sunday Sales, 97 Locust
Street
Beecher Co" Inc., Sunday Sales, 1691
Ashury Road
Beeeher Co., Inc" Snnday Sales, 2399 White
Street
Lucky Stores, Inc., Sunday Sales, 1800
Elm Street
Lucky Stores, Inc" Sunday Sales, 3033
Asbury Road
Lucky Stores, Inc" Sunday Sales, 200 South
Locust St.
Lucky Stores, Inc., Sunday Sales, 3049 As-
hury Road
Ralph J.Grabow, Sunday Sales, 1050Uni-
versity Ave.,
Vivian Heinz, Snnday Sales, 3301 Penn-
sylvania Ave.
Earl Schumacher, Sunday Sales, 2204 Cen-
tral Avenue
Thompson's Food markets, Inc., Sunday
Sales, 1256 Iowa Street
Thompson's Food Markets, Inc., Sunday
Sales, 51 West 32nd St.
Thompson's Food Markets, Inc., Sunday
Sales, 1545 South Grandview
Randall's International, Inc" Sunday Sales,
2600 Dodge St.
Randall's International, Inc" Sunday Sales,
2013 Central Ave.
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded hy Mayor
Staekis. Carried hy the following vote:
Yeas-Mayor Staekis, Conncilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 317.77
WHEREAS, application\,for Beer Per-
mits were filed hy the within named ap-
plicants and they have received the
approval of this Council: and
WHEREAS, the premises to he occu-
pied by such applieants were inspected
and found to eomply with the Ordinances
of this City and they have filed proper
bonds:
NOW THEREFORE BE IT RESOLV-
ED BY THE City Council of the City of
Duhuque, Iowa, that the Manager be au-
thorized to cause to he issued to the fol-
lowing named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Women's Recreation Association, Inc.
(Also Sunday Sales I McAleece Field
John P. Frangos (Also Sunday Salesl1236
Iowa Street
Saint Coiumhkille Church (Aiso Sunday
Sales) 1240 Rush Street
The Church of the Nativity (Also Sunday
Sales) 1225 Alta Vista St.
CLASS "C" BEER PERMIT
Thomas Astgen, Sunday Sales, 1101 Rhom-
berg Ave.
Dubuque Packing Company, 16th & Sy-
eamore St.
Hartig Drug Co" Sunday Sales, 2225 Cen-
tral Avenue
Hartig Drug Co., Sunday Sales, 2255 John
F. Kennedy
Hartig Drug Co" Sunday Sales, n Locust
Street
Beeeher Co" Inc., Sunday Sales, 1691
Asbury Road
Beecher Co" Inc" Sunday Sales, 2399 White
Street
Lucky Stores, Inc., Sunday Sales, 1800
Elm Street
Lucky Stores, Inc" Sunday Sales, 3033
Asbury Road
Lucky Stores, Inc., Sunday Sales, 200 South
Locust St.
Lueky Stores, Ine., Sunday Sales, 3049 As-
bury Road
Ralph J. Grabow, Snnday Salei', 1050Uni-
versity Ave"
Vivian Heinz, Sunday Sales, 3301 Penn-
sylvania Ave.
Earl Schumacher, Sunday Sales, 2204 Ceu-
trai Avenue
Thompson's Food markets, Inc., Sunday
Sales, 1256 Iowa Street
Thompson's Food Markets, Inc., Sunday
Sales, 51 West 32nd St.
Thompson's Food Markets, Inc" Sunday
Sales, 1545 South Grandview
Randall's International, Inc" Sunday Sales,
2600 Dodge St.
Randall's International, Inc" Sunday Sales,
2013 Central Ave.
Passed, adopted, and approved this 1st
day of Augnst, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wert,herger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded hy Mayor
Stackis. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 318-77
WHEREAS, applications for Liquor
Licenses have heen suhmitted to this Coun-
cil for approval and the same have heen
examined;
NOW THEREFORE BE ITRESOLV-
ED BY THE City Council of the City of
Dubuque, Iowa, that the following appli-
cations he approved and licenses issued
npon the compliance with the provisions
of Chapter 131,Acts of the First Regular
Session, 64th General Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Stephen Noonan, (Also Sunday Salesl,
1298 Main Street
John Glynn, 760 East 16th Street
James J. Klauer, 1646 Asbury Road
Pete S. Sfikas, (Also Sunday Salesl,
401 405 Central Avenue
Super Ma.-ket, Corp" Sunday Sales,
1101 Central Avenue
Larry Kratzer, Sunday Sales, 2417 Rhom-
berg A venue
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
ATTES1': Councilmen
Leo F. Frommelt
City Clerk
424
Regular Session, August 1, 1977
Councilman Pregler moved adoption
of the Resolution. Seconded by Mayor
Stackis. Carried by following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
ers a letter of explanation, stating high
construction costs ofits Lansing, Iowa gen-
erating plant as the basis of necessitating
such an increase; and
WHEREAS, the requested percentage
of increase is unrealistic and expensive.
NOW THEREFORE, BE IT RESOL V-
ED BY THE City Council of the City of
Dubuque, Iowa that:
I. The rate increase of 20.7% per resi-
dentinl user is indeed incomprehensi-
ble, and will place a financial burden
on many citizens without returning
20.7% worth of service improvements.
2. That the City Attorney is hereby au-
thorized to investigate this situation,
and if he deems it advisable, to file an
objection with the Iowa state Com-
meree Commission on hehal! of the cit-
izens of Duhuque, and to represent such
ohjections in the event a hearing is held.
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
RESOLUTION NO. 319.77
WHEREAS, applications for Liqnor
Licenses were filed hy the within named
applieants and they have received the
approval of this Council: and
WHEREAS, the premises to be occu-
pied by snch applicants were inspected
and found to comply with the State Law
and all City Ordinanees relevant thereto
and they have filed proper bonds;
NOW THEREFORE BE IT RESOLV-
ED BY THE City Couneil of Dubnque, Io-
wa, that the Manager be authorized to
cause to be issued to the following nam-
ed applicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Stephen Noonan, (Also Sunday Sales),
1298 Main Street
John Glynn, 760 East 16th Street
James J. Klauer, 1646 Asbury Road
Pete S. Sfikas, (Also Sunday Sales),
401 405 Central Avenue
Super Market, Corp., Sunday Sales,
1101 Central Avenue
Larry Kratzer, Sunday Sales, 2417 Rhom-
herg Avenue
Passed, adopted, and approved this 1st
day of August, 1977.
Emil Staekis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution as Amended. Seconded
hy Councilman Tully. Carried hythe fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully.
Nays-Councilman Wertzherger.
To the Honorable Mayor
and Memhers of the City Council
In accordance with the provisions of
Chapter 400 of the CodeofIowa 1975 the
Civil Service Commission conducted writ- .
ten exams on June 29, 1977 and physieal
agility tests on July 13, 1977 for applicants
to the Police Department.
The following named applicants are
hereby certified are to he considered for
appointment in the following order:
A venarius, Daniel
Klosterman, Michelle
Kluck, Kenneth
Russett, Steve
Danner, Robert
Schmeichel, Thomas Sr.
Ritzman, Jeff
Chapman, Michael
Ginter, Kenneth
Morris, Scott
We also have a second list of ten per-
sons who have passed the required exam-
inationsinreserve. These are listed next
highest in standing in order of their grade
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seeonded by Mayor
Stackis. Carried hy following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 320-77
WHEREAS, Interstate Power Com-
pany has requested as of July 28, 1977,
an increase in electrical rates, i.e. 20.7%
for residential use, 13.6% for farm use,
12.9% for commercial, 16.7% industrial
and 31.8% for bulk industrial; and
WHEREAS, The City of Dubuque has
negotiated a nonexclusive franchise with
Interstate Power Compauy which was rat-
ified by the electorate;
WHEREAS, Interstate Power Com-
pany has distrihuted to all of its custom-
Regular Session, August 1, 1977
425
and can be certified, if the ahove list is
exhausted within one year.
Respeetfully suhmitted,
Carolyn Farrell, BVM
Chairperson
John E. Hess
Civil Serviee
Commissioners
ATTEST:
Leo F. Frommelt
Clerk
Subscribed and sworn to hefore me this
1st day of August 1977.
Z.D. Hantelmann
Notary Public in and for
Duhuque County, Iowa
Mayor Stackis moved that the commu-
nication he received and made a matter
of record. Seconded hy Councilman Wertz-
berger. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
July 26, 1977
Honorahle Mayor
and City Council
We wonld appreciate the opportunity
to discuss the purchase and sale of sever-
al parcels of real estate during an Execn-
tive Session with members of the City
Council.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that the
eommunication he received and filed. See-
onded hy Couneilman Tully. Carried hy
the following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Councilman Tully moved to rescind the
appointment ofRev. Karl Schroeder and
reappoint Ken Pease for a six year term
to the Lihrary Board. Seconded hy Coun-
cilman Wertzberger. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tnlly, Wertzberger.
Nays-none.
At 9:43 p.m. Councilman Wertzherger
moved to go into Executive Session to
diseuss pnrchase and sale of real estate.
Seeonded by Conncilman Pregler. Car-
ried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Councilman Reconvened in Regular
Session at 10:22 p.m. Mayor Stackis moved
that the City Manager be directed to con-
tinue investigation of the Trenkle prop-
erty and made an offer to bny. Seeonded
by Councilman Tully. Carried by the fol-
lowing vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
There being no further husiness, Coun-
cilman Wertzberger moved to adjourn.
Seconded by Tully. Carried by the fol-
iowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Leo F. Frommelt
City Clerk
Approved.
.1978
Adopted
.1978
Councilman
ATTEST:
City Clerk
426
Special Session, August 15, 1977
CITY COUNCIL
OFFICIAL
Special Session, August 15,1977.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Sfackls, Council.
men Brady, Pregler, Tully, Wertzher-
ger. City Manager Gilbert D. Chaven-
elle.
Mavor Stckis read the call and stated
that s~rvice thereof had heen duly made
and this meeting is called to CONDUCT
A PUBLIC HEARING ON THE RES-
OLUTION OF NECESSITY FOR THE
CONSTRUCTION OF SUNSET RIDGE
DRIVE ASPHALT PAVING and acting
upon such other husiness as may proper-
ly come before a regular meeting of the
Council.
Invocation was given hy Rev. Wm. C.
Kunsch, Pastor of St. Patrick's Catholic
Church.
Proclamations proclaiming period of Sep-
temher 4th to September 5th as "Jerry
Lewis Muscular Dystrophy Telethon
Weekend", Knights of Columhus proclaim-
ing "Mentally Handicapped Health Week"
week of Septemher 12th and American
Federation of Lahor proclaiming week of
September 5-10, 1977 as "Union Label
Week", were read and approved and signed
by Mayor Stackis.
Communication of Housing Commis-
sion suhmitting minutes of their meet-
ing of July 19, 1977, presented and read.
Councilman Brady moved that the minu-
tes he received and filed. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Housing Rehabili-
tation Commission suhmitting minutes of
their meeting of July 26, 1977, present-
ed and read. Councilman Brady moved
that the minutes be received and filed.
Seeonded hy Councilman Pregler. Car-
ried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communication of Youth Serviees suh-
mitting quarterly report for period end-
ing July, 1977, presented and read. Coun-
cilman Brady moved that the report be
reeeived and filed. Seconded hy Coun-
eiiman Pregler. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Five Flags Civic
Center Commission suhmitting minutes
of their meeting of August 2,1977, pre-
sented and read. Couneilman Brady moved
that the minutes be received and filed.
Seeonded hy Counciiman Pregler. Car-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Five Flags Civic
Center Fund Executive Committee sub-
mitting minutes oftheir mooting of August
5,1977, presented and read. Couneilman
Brady moved that the minutes be receiv-
ed and filed. Seconded by Councilman
Pregler. Carried hy the following vote:
Yeas-Mayor Staekis, Conncllmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communieation of Board of Dock Com-
missioners submitting minutes of their
meeting of July 8, 1977, presented and
read. Counciiman Brady moved that the
minutes he received and filed. Seconded
by Councilman Pregler. Carried by the
following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Duhuque Transit
Trustee Board suhmitting minutes of their
meeting of July 12, 1977, presented and
read. Counciiman Brady moved that the
minutes he received and filed. Seconded
hy Councilman Pregler. Carried by the
following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communieation of Duhuque Citizens
Advisory Commission suhmitting minutes
of their meeting of July 26, 1977, presented
and read. Councilman Brady moved that
the minutes he received and filed. Second-
ed by Couneilman Pregler. Carried by
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Commnnication of Planning & Zoning
Commission submitting minutes of their
meeting of August 3, 1977, presented and
read. Councilman Brady moved that the
minutes be received and filed. Seconded
by Couneilman Pregler. Carried by the
following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communieation of Duhuque County En-
gineer advising of public hearing on the
vaeation of Garnet Avenue on Augnst 29,
1977, presented andread. Councilman Preg-
ler moved that the City Manager and Staff
he authorized to attend the hearing and
voice objection to the vaeation. Seconded
by Councilman Tully. Carried hy the fol-
lowing by the following vote:
Special Session, August 15,1977
427
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Mike Fitschen suh-
mUting his opinion on the use of keg beer
in the City Parks, presented and read.
Mayor Stackis moved to suspend the rnles
to let anyone present address the Coun-
cil if they so desire. Seconded by Coun-
eiiman Tnlly. Carried by the following
vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Mike Fitschen addressed the Council
relative to the commnnication. Council-
man Wertzherger moved that the commu-
nieation he received and filed and refer-
red to the Conncii and Park Board. Sec-
onded by Mayor Staekis. Carried hy the
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tnlly, Wertzherger.
Nays-none.
Communication of William H. Lanere-
questing Couneil action on the prohlem of
excessive noise and speeding of motor-
cycles on Kaufmann Ave., presented and
read. Poliee ChiefO'Brien and Health Ad-
ministrator Roth spoke to the communi-
cation. Mayor Stackis moved that the eom-
munieation he received and filed and re-
ferred to the City Manager, Traffie De-
partment and Chief of Police. Seconded
by Councilman Wertzherger. Carried hy
the following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communications of Iowa D.E.Q. advising
of issuance of water main extension con-
struction permits to Terrace Estates
Subd., Stone Hill Community Bloek 6
Phase I, and Lots 30-53 Hawkeye Estates,
presented and read. Conncilman Pregler
moved that the communications be re-
eeived and filed. Seconded hy Councii-
man Wertzherger. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Conncllmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of State Historical De-
partment of Iowa advising that Wash-
ington Park has heen entered in the Na-
tional Register of Historie Places, pre-
sented and read. Conncilman Pregler
moved that the eommunication be receiv-
ed and filed. Seconded hy Counciiman
Wertzherger. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Peoples Natural
Gas advising of authority granted hy
Iowa State Commerce Commission to
change its new customer conneetion pro-
cedures: also communication advising of
putting into effect its general rate in-
crease on June 26, 1977, presented and
read. Councilman Pregler moved that
the communications be received and fiI.
ed. Seeonded hy Counciiman Wertz-
herger. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communication of Theresa Cicciarelli
suhmitting her resignation as a memher
of the Board of Adjustment, presented
and read. Councilman Pregler moved
that the communieation he received and
filed. Seconded hy Councilman Wertz-
herger. Carried hy the following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Thomas D. Felder-
man and Richard N. Smith indieating a de-
sire to purchase two city owned lots to
550 W. 8th Street, presented and read.
Councilman Pregler moved that the com-
mnnieation he referred to City Manager
for recommendation and report. Second-
ded hy Councilman Wertzberger. Car-
ried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
August 1, 1977
Honorahle Mayor
and City Couneii
I herewith suhmit the reports of the
City Treasurer, Finance Direetor, Wat-
er Superintendent, Health Department,
as well as a list of claims paid, lor the month
of June 1977.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that the eom-
munication be received and filed. Second-
ed hy Conncilman Wertzherger. Carried
by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Proof of Puhlication, certified to hy
the Publisher, of Statement of Receipts
and Expenditures, also list of claims for
July, 1977, presented and read. Council-
man Pregler moved that the proof of puh-
lieation he reeeived and Iiled. Seeonded by
Councilman Wertzberger. Carried hythe
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
August I, 1977
Honorable Mayor
and City Council
I return to you the petition of Mr. and
Special Session" August 15, 1977
principal amount of not exceeding
$10,750,000., as referred to in the pream-
ble hereof, and at which hearing all local
residents who appear shall be given an
opportunity to express their views for or
against the proposal to issue the Series
1977 Bonds.
Section 2. The City Clerk is herehy
directed to give notice of intention to is-
sue the Series 1977 honds by puhlication
at least once not less than fifteen(151
days prior to the date fixed for the hear-
ing in The Telegraph Herald, a legal
newspaper puhlished and having a gen-
eral circulation within said eity, in suh-
stantially the following form:
Notice of Intention to
Issue Hosptial Facility
First Mortgage Refunding and
Improvement Revenue Bonds
The City Council of the City of Dubu-
que, in Duhuque County, Iowa, will meet
on the 6th day of Septemher, 1977, at the
Council Chambers in the City Hall, Du-
buque, Iowa, at 7:30 o'clock p.m. for the
purpose of conducting a puhlic hearing
on the proposal to issue Hospital Faeility
First Mortgage Refunding and Improve-
ment Revenue Bonds (The Finley Hospi-
tal Projeetl, Series 1977, of said City, iu
the principal amount of not exceeding
$10,750,000, for the purpose of refunding
in advance the City's currently ontstan-
ding $4,250,000 principal amount of Hos-
pital Facility First Mortgage Revenue
Bouds (The Finiey Hospital Projeet),
Series A, and defraying a portion of the
cost of the aeqnisition of certain huilding
and improvements suitahle for the use
of the voluntary nonprofit hospital
operated hy The Finley Hospital. The
series 1977 honds, when issued, will be
limited obligations and will not con-
stitute geueral obligations of said City
nor will they be payable in auy manner
by taxation, hut said Series 1977 Bond
will he payable soleiy and only ont of the
revenues to be derived hy said City from
a loan Agreement between said City and
The Finley Hospital.
At the time and place fixed for said
public hearing allioeal residents who ap-
pear will be given an opportunity to ex-
press their views for or against the pro-
posal to issue said honds.
By order of the City Council Augnst
15, 1977.
Leo F. Frommelt
City Clerk
Section 3. The City shall under no eir-
cumstanees he obliged to issue the Ser-
ies 1977 honds unless the City shall he
assured that the project involving addi-
tional buildings and improvements for
the Hospital is financially feasihle and it
has in hand a firm commitment for the
WHEREAS, the City of Duhuque, a
municipality and political suhdivision in
the County of Dubuque, State of Iowa
(the "City") is authorized by Chapter 419
of the Code of Iowa, as amended (the
"Act") to issue revenue bonds and loan
the proceeds to one or more contracting
parties to be used to pay the cost ofland,
buildings and improvements suitable for
the use of any voluntary nonprofit hospi-
tal: and
WHEREAS, the City is further au-
thorized and empowered by the provi-
sions of the Act to issue its refunding
bonds to refund its bonds theretofore is-
sued under the Act; and
WHEREAS, The Finley hospital, and
Iowa nonprofit corporation (the "Cor-
poration"!, presently owns and operates
a voluntary nonprofit hospital (the "Hos-
pital") within the corporate limits of the
City: and
WHEREAS, on May 13, 1975 the issu-
er issued its $4,250,000 principal amount
of Hospital Facility First Mortgage Re-
venue Bonds (The Finley Hospital Pr-
oject) Series A (the "Seris A Bonds") dat-
ed January 1, 1975, all of which are cur-
rently outstanding, for the purpose of
loaning funds to the Corporation to fi-
nance part of the cost of certain huild-
ings and improvements suitahle for the
nse of the Hospital; and
WHEREAS, it is deemed necesary
and advisahle that Hospital Facility
First Mortgage Refunding and Improve-
ment Revenue Bonds (The Finley Hospi-
tal Projectl Series 1977 of the Issuer in a
principal amount not to exceed
$10,750,000. (the "Series 1977 Bonds")
should he issued to refund in advance all
of thc Series A Bonds and to finance part
of the cost of additional huildingsand im-
provements suitable for the use of the
Hospital; and
WHEREAS, the issuance of the Ser-
ies 1977 Bonds will promote the general
hcalth and welfare of the inhabitants of
the city; and
WHEREAS, it is first necessary to
conduct a puhlic hearing on the proposal
to issue the Series 1977 honds, as requir-
ed and provided by Section 419.9 of the
Act;
NOW, THEREFORE, Be it Resovled,
by the City Council of the City of Duhu-
que, Iowa, as follows:
Section 1. That this Council meet at
the Council Chambers in the City Hall in
said City on the 6th day of September,
1977, at 7:30 o'clock p.m" at which time
and place a public hearing shall he held
on the proposal to issue the Hospital Fa-
cility First Mortgage Refunding and Im-
provement Revenue Bonds (The Finley
Hospital Project), Series 1977, in the
428
Special Session, August 15, 1977
Mrs. Jerry Gehrke requesting the vaca-
tion of a portion of Wilderness Road.
I recommend that the petition he de-
nied hecause of possible future puhlic
use of the land in the vacation proposal
I have written to Mr. and Mrs. Gehrke
informing them of my recommendation
and that the proposal would he consider-
ed at the Council meeting August 15th.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that the
communication he received and filed and
reeommendation of denial he approved. I
Seconded hy Councilman Wertzherger.
Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communication of Planning & Zoning
submitting their findings on the H.R.W.
Associates petition requestiug a C-6 Plan-
ned Commercial District on Lots 3, 4, 5,
6, 1 of 7 in Block 21A, Key Knolls Suhd.
recommending that the petition and Com-
mission's recommendation he tabled to a
specified futnre date to permit review of
traffic and street problems, presented
and read. Attorney Bertsch represent- I
ingH.R.W. Associates requested a public
hearing be held on zoning request from a
C-3 to a C-6 Zoning Classification. Coun-
cilman Pregler moved that the communi-
cation he referred to a Council Meeting to
be held on August 31, 1977. Seconded by
Councilman Wertzberger. Carried hy
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Communication of the Finley Hospital
suhmitting $3500 toward City expense
incurred relative to a proposed revenue
bond issue and requesting consideration
of adoption of a resolution setting date
for a public hearing, presented and read. '
Mr. Jack Samuels, Consultant for Finley
Hospital, Melvin M. Graves, Jr., and E.
Marshall Thomas addressed the Couneil
relative to the communication stating
monies for surgery are in trust account;
Project now does include a surgical suite;
Bond issue will have a described project.
Councilman Wertzherger moved that the
communication he received and filed. Sec-
onded hy Mayor Staekis. Carried by the
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 321.77
RESOLUTION fixing a date tor hearing
on proposed Hospital Facility First
mortgage Refunding and Improve.
ment Revenue Bonds (The Finley
Hospital Prolect), Series 1977
--
429
purchase of the Series 1977 Bonds npon
terms satisfactory to the City.
Section 4. That all resolutions or
parts thereof in cooflict herewith he and
the same are hereby repealed, and this
resolution shall be effective forthwith
upon its passage and approval.
Passed and approved August 15, 1977.
Emil Stackis
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resoiution. Seconded hy
Mayor Stackis. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen
Brady,Pregler, Tully, Wertzberger.
Nays-none.
July 29, 1977
Honorahle Mayor & City Council
Claim was filed on June 21, 1977, by
Wayne V. Hamilton of Gardners Lane,
Duhuque, Iowa claiming damages to his
motor vehide allegedly occuring on
June 21, 1977 as the result of striking a
raised manhole cover on J ndson Street.
This matter was referred to the City
Attorney who made an investigation
thereof, and referred same to the con-
struction contractor doing the construc-
tion at said site and that said contractor
has advised the undersigned that said
matter has heen amicably disposed of at
no cost to the City. It is therefore the
recommendation of the City Attorney
that the claim of Wayne V. Hamilton he
denied.
Original claim is returned herewith.
R.N. Russo
City Attorney
Councilman Wertzberger moved that
the communication he received and filed
and reeommendation of denial be ap-
proved. Seconded by Councilman
Pregler. Carried hy the following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Car Damage Claim of James
W. Grant, in the amount of $83.49, for
tire damage incurred as the result of
striking a protruding ohject from the
curh at 886 Merz Street on July 28, 1977,
presented and read. Councilman Pregler
moved that the Notice of Claim hc refer-
red to the city Attorney for investiga-
tion and report. Seconded hy Coun-
cilman Wcrtzhcrger. Carricd by the
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Prcglcr, Tully, Wcrtzberger.
Nays-nonc.
Notice of William R. Bartmann, At-
torney as representative of Richard &
Special Session, August 15, 1977
430
Special Session, August 15,1977
431
Dianne Tuthill, relative to a motoreycie
accident at 12:00 a.m. at intersection of
Loras & University due to accumulation
of ~as & oil in the street on July 19, 1977,
presented and read. Couneilman Pregler
moved that the Notice be referred to the
City Attorney for investi~ation and
report. Seconded hy conncilman Wert~-
ber~er. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays~none.
Notice of Car Damage Claim of
Dorothy M. Schroeder, in the amount of
$128.75, for damage incurred as the
result of a city water hreak at 2344 Cen-
tral Ave. on July 30, 1977, presented and
read. Councilman Pregler moved that
the Notice ofCiaim he referred totheCi-
ty Attorney for investigation and re-
port. Seconded by Councilman Wertz-
herger. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brndy,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Claim of Edward Matous, in
an undetermined amount, for expense
and property damage incurred as the
result of a hacked-up sewer at 2175
Roosevelt street on August I, 1977,
presented and read. Councilman Pregler
moved that the Notiee of Claim he refer-
red to the City Attorney for investiga-
tion and report. Seconded by councilman
Wertzberger. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Notice of Property damage claim of
James C. Nesler, in the approx. amount
of $600" for hroken plate glass window
in the mall, as the result of operation of a
grass mower in the Plaza on Jnly 16,
1977, presented and read. Councilman
Pregler moved that the Notice of Claim
be referred to the city Attorney for in-
vesti~ation and report. Seconded by
Councilman Wert~berger. Carried by
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pre~ler, Tully, Wcrtzher~er.
Nays-none.
Notice from small ciaims court by
Lorice Inc" in the amount of $991.35, for
reasonable costs of expenses to properly
clear land for development of downtown
Urban renewal Project lot, work to have
been done hy the City pursuant to con-
tract with Lorice, presented and read.
Councilman Pre~ler moved that the
Notice be referred to the City Attorney
for investigation and report. Seconded
hy councilman Wert~her~er. Carried by
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Suit of Jeanette Scheuring,
in the amount of $10,000" for personal in-
juries received on a defective sidewalk
on Central Ave. hetween 14th and 15th
Streets on September 29, 1976, present-
ed and read. Councilman Pregler moved
that the Notice of suit be referred to the
City Attorney for investigation and re-
port. Seconded hy Councilman Wertz-
berger. Carried hy the followin~ vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Suit of Edward John Are-
ndt, in the amount of $50,000., for per-
sonal injuries received in a fall in an icy
intersection of Wcstridge & Penn-
sylvania Ave. on March 5, 1976, pre-
sented and read. Councilman Pregler
moved that the Noticeofsuit be referred
to the City Attorney for investi~ation
and report. Seconded by Councilman
Wertzherger. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Proof of Puhlication, certified to by
the Puhlisher, of Notice of Puhlic hear-
ing to amend Zoning Ordinance by estab-
lishing n Planned Unit Development in
O'Neill's Riverview, Mineral I,ots 323
and 324, presented and read. No written
ohjections were filed and no oral objec-
tors were present in the Council Cham-
ber at the time set for the hearing. Coun-
cilman Wert~hergermoved that the pro-
of of puhlication be received and filed.
Seconded hy Councilman Pregler. Car-
ried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
ORDINANCE NO. 56.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA",
WHICH AMENDMENT SHALL ES.
TABLISH A "PLANNED UNIT DE.
VELOPMENT" DESIGNATION ON
PROPERTY HEREINAFTER DE-
SCRIBED LYING IN AN R.4 RESIDEN.
TIAL DISTRICT ON PORTIONS OF
MINERAL LOT 323, MINERAL LOTS
324, AND O'NEILL'S RIVERVIEW AD-
DITION IN THE CITY OF DUBUQUE,
IOWA,
said Ordinance having been previously
presented and read at the Council
Meeting of July 18, 1977, presented for
final adoption.
ORDINANCE NO. 56.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA,"
WHICH AMENDMENT SHALL ES-
TABLISH A "PLANNED UNIT DE.
VELOPMENT" DESIGNATION ON
PROPERTY HEREINAFTER DE.
SCRIBED LYING IN AN R.4 RESIDEN.
TIAL DISTRICT ON PORTIONS OF
MINERAL LOT 323, MINERAL LOT
324, AND O'NEILL'S RlVERVIEW AD.
DITION IN THE CITY OF DUBUQUE,
IOWA
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Or-
dinances of the City of Duhuque, Iowa
he amended by revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Duhuque, Iowa," hy estahlishing a
"Planned Unit Development" designa-
tion on property in an "R-4 Residential
District", whieh real estate is descrih-
ed,towit:
The Sub of Lot I of Mineral Lot 323
Lot I: sublot I of 2 of Mineral 324
Lot I; O'Neill's Riverview Suhlot
94: and Suhlot I of I of 3 of 1 of the
Suhofloflof30floftheSubofl
of I of I of 2 of I of I of Mineral Lot
324 Lot, all in the City of Duhuque,
Iowa, and containing 10 aeres more
or less.
Section 2. That the "Planned Unit
Development" designation, applied to
the property herein descrihed, is a ten-
tative reclassification and final adop-
tion of the amendment as set forth in
Section I of this Ordinance shall he suh-
ject to the requirements of Section
4-110.11.3 of Appendix A of the Code of
Ordinances of the City of Dubuque,
Iowa, aiso known as the "Zoning Or-
dinance and Zoning Map of the City of
Duhuque, Iowa," whereby final adop-
tion of the "Planned Unit Develop-
ment" designation is contingent upon
submission of a Final Development
Plan, by the developer, within six (61
months of the effective date of this Or-
dinance, and further, that failure by the
developer to comply with the require-
ments as set forth herein, shall an-
tomatically revert the property to its
former "R-4 Residential District" class-
ification.
Section 3. That the foregoing
amendment has heretofore heen ap-
proved hy the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
Passed, adopted, and approved this
15th day of August, 1977.
EmiiStackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
WalterA.Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Puhlished officially in the Telegraph
Herald Newspaper this 19th day of
August, 1977.
Its/19
Councilman Wertzberger moved fi-
nal adoption of the Ordinance. Second-
ed hy Councilman Pregler. Carried hy
the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
ORDINANCE NO. 57.77
AN ORDINANCE AUTHORIZING
LLOYD S. GUDENKAUF TO CON.
STRUCT 8" REINFORCED CON-
CRETE WALL,
said Ordinance having heen previously
presented and read at the Council
Meetings of July 18 and August I, 1977,
presented for final adoption.
ORDINANCE NO. 57-77
AN ORDINANCE AUTHORIZING
LLOYD S. GUDENKAUF TO CON.
STRUCT 8" REINFORCED CON.
CRETE WALL
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Lloyd S. Gudenkauf
as owners of the premises known as Lot
29 and 30 at Woodland Park, in the City
of Dubuque, Iowa he, and they are here-
by granted the revocahle permit and
authority to construct and maintain an
8" reinforeed concrete wall-IOO' long
under the terms and conditions set
forth in this Ordinance.
Section 2. That sueh construction
shall be done in accordance with plans
heretofore submitted hy permittees
and approved by City Manager, under
the supervision and direction of the Ci-
ty Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinanees of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees agreement to:
432
Special Session, August 15, 1977
Special Session, August 15, 1977
433
a. Assume any and all' liability for
damages to persons or property
which may result from the existence,
location, installation, construction or
maintenance of said 8" concrete wall:
b. To pay on behalf of the City of Du-
buque all sums which the City of Dn-
buque shall hecome ohligated to pay
hy reason of the liahility imposed
upon the City of Dubuque for dam-
ages of any kind resulting from the
location, installation, existence, con-
struction or maintenance o[ said con-
crete wall, sustnined hy any person
or persons, caused hy accident or
otherwise, to defend at its own ex-
pense and on behalf of said City any
claim against the City of Dubuque
arisin~ out of the location, installa-
tion, existence, construction or
maintenance of concrete wall and to
pay reasonable attorney fees there-
[or:
c. To indemnify and hold City of Du-
huque free and harmless from any
and all claims, loss, liability and ex-
pense for injuries to third persons or
damages to property of third per-
sons, or for damage to any property
of City of Duhuque which may occur
as a result of or in connection with
the location, installation, construc-
tion, maintenance and repair of the
facility, work or improvement per-
mitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees fnrther agreement
that should the right and privilege
herein granted he rescinded or revoked
by the City Council, permittees, or
their suecessors in interest, as owners
of the abutting property, shail within
ten (10) days after receipt of written
notiee [rom the City Manager, so to do,
at their own expense, remove said con-
erete wall, and in the event of their
failure so to do, the City of Dubuque
shall he authorized to remove said con-
crete wall, at permittees expense and
dispose of the same, and the permittees
shall have no claim against the City or
its agents [or damages resulting from
the removal of said concrete wall.
Section 5. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approval
of the design, erection, location, eon-
struction, repair or maintenance of said
facility and said permittee hereby cov-
enants and agrees not to assert such
claim or defense against the City of
Dubuque in the event of claim asserted
for personal injuries and/or property
damage against the permittee arising
ont of or in any way 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 here-
under accrue to Lloyd S. Gudenkauf
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted hy permit-
tees by acceptance endorsed on this Or-
dinance.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
'I'homas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Cierk
ACCEPTANCE OF ORDINANCE
NO. 57.77
The undersigned having read and he-
ing familiar with the terms and condi-
tions of Ordinance No. 57-77 herehy, for
themselves, their successors or assigns,
as owners of the ahutting property, ac-
cept the same and agree to he bound by
the conditions and agreements therein
contained to he performed by permit-
tees.
Dated 5 July 1977
By: /s/ Lloyd S. Gudenkau!,
Property Owner
Puhlished officially in the Telegraph
Herald Newspaper this 19th day of
August 1977.
I,eo F. Frommelt
Its/19 City Clerk
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Councilman Pregler. Carried by the
following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, 'l'nlly, Wertzberger.
Nays-none.
An Ordinance of the City ofDuhuque,
Iowa, providing that the Code of Or-
dinances, City of Dubuque, Iowa, be
amended by enacting a new Section
32-1 to regulate Highway Crossin~s,
was presented and read. After Council
discussion, No Action was taken.
Petition of Clarke-Loras Homecom-
ing committee requesting permission to
conduct a homecoming parade on Oc-
tober 8, 1977, presented and read.
Councilman Pregler moved that the re-
quest he approved and referred to the
City Manager for implementation. Se-
conded by Counciiman Wertzberger.
Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Petition of Duhuque Kiwanis Club re-
qnesting permission to conduct a
"Peanut Sale" at various locations on
September 23, 1977, presented and
read. Councilman Pregler moved that
the request be approved and referred
to the City Manager for implementa-
tion. Seconded hy Councilman Wertz-
herger. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Petition of Terry L. Carleton et al
(approx. 260 signatures) requesting
that Flora Pool stay open rather than
closing at five and reopening at six, or
he stamped to allow for re-entry with-
out charge, presented and read. Coun-
cilman Pregler moved that the petition
he approved and referred to a work ses-
sion to he held with the Council and
Recreation Department on Septemher
14, 1977. Seconded by Couneilman
Wertzherger. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Petition of Mary Willging et al (13
signers! requesting the erection of a
street light for the lower end of 700
Block on Montcrest Street: and Com-
munication of City Manager recommed-
ning installation of street lights on
Montcrest St., presented and read.
Councilman Pregler moved that the
petition and Manager's recommenda-
tion he approved. Seconded hy Coun-
cilman Wertzberger. Carried by the
following vote:
Yeas-Mayor Stackis, Councilman
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Petition of J. A. Sprengelmeyer et al
(5 signers) residents of Parkway re-
questing investigation of rainwater
runoff problem, presented and read.
Julius Sprengelmeyer and Virgil Frey-
mann addressed the Councii stating
Water is coming from Finley Hospital
and is flooding their basements. Coun-
cilman Pregler moved that the petition
he referred to the City Manager and Ci-
ty Solicitor to report hack to Council
and to consult with Finley Hospital.
Seconded hy Councilman Wertzberger.
Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Hempstead High School
requesting permission to conduct their
annual Homecoming parade on Septem-
her 30, 1977, presented and read. Coun-
eilman 1'ully moved that the petition be
approved and referred to the City Man-
ager for implementation. Seconded hy
Councilman Wertzberger. Carried hy
the following vote:
Yeas-Mayor Staekis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of William J. Avenarius re-
questing reconsideration of water pro-
blem at 140 Aquin Street, outside City
Limits, presented and read. Council-
man Wertzberger moved that the re-
quest he granted and referred to City
Engineer. Seconded by Councilman
Tully. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Petition of James R. Mcintyre re-
questing a refund of $211.25 on unex-
pired portion of Beer-Liquor License
No. C-9034, diseontinued husiness on
June 30, 1977, presented and read.
Councilman Tully moved that the re-
fund he granted and City Auditor di-
rected to issue proper warrant. Second-
ed by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Stackis, Conncilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Knights of Columbus re-
questing permission to conduct a "Toot-
sie Roll Campaign" from September
16th to 18th for the Mentally Handicap-
ped, presented and read. Councilman
Tully moved tht the petition he approv-
ed subject to implementation hy the Ci-
ty Manager. Seconded by Councilman
Wertzberger. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Donald E. Deich et al (40
signersl requesting installation. of traf-
fic stop signs on White Street north and
south at 26th Street, also consideration
for other signs to be placed on White
Street, presented and read. Councilman
Pregler moved that the petition be re-
ferred to the City Manager and Traffic
Department. Seconded by Councilmen
Wertzberger. Carried by the following
vote:
Yeas-Councilmen Pregler, Tully,
Wertzberger.
Nays-Mayor Stackis, Councilman
Brady.
RESOLUTION NO. 322.77
A RESOLUTION amending are.
solution entitled "A Resolution
authorizing and providing for the
issuance and securing the pay.
ment of $850,000 Parking Fa-
cilities Revenue Bonds, 1977
Series, of the City of Dubuque,
Iowa, under the' provisions of
434
Special Session, Al.1gl.1st 15, 1977
Special Session, August 15, 1977
435
Sections 384.80 el seq. of th~
Code of Iowa, as amended, for
the purpose of defraying the cost
of acquiring additional off.stre~t
molar vehicle parking facilities In
and for said City."
WHEREAS pursuant to notice and
hearing as required by law, the City
Council of the City of Duhuque, Iowa,
has heretofore on July 5, 1977, adopted
Resolution No. 252-77 entitled "A Res-
olution authorizing and providing for
the issuance and securing the payment
of $850,000 Parking Facilities Revenue
Bonds, 1977 Series, of the City of Dubu-
que, Iowa, under the provisions of Sec-
tions 384.80 et seq. of the Code of Iowa.
as amended, for the purpose of defray-
ing the cost of acquiring additional off-
street motor vehicle parking facilities
in and for said City"; and
WHEREAS pursuant to pnblic notiee
said bonds were sold on July 19, 1977,
to Channer Newman Securities Co. up-
on terms of par and accrued interest
with the honds maturing in the years
1979 to 1989, inclusive, bearing interest
at the rate of Five and twenty-hun-
dredths per cent 15.20%1 per annum,
the honds maturing in the years 1990
and 1991 hearing interest at the rate of
Five and one-half per eent 15-1/2%1 per
annum, the bonds maturing in the years
1992 hearing interest at the rate of Five
and sixty-hundredths per cent 15.60%1
per annum, and the honds maturing in
the years 1993 and 1994 bearing in-
terest at the rate of Five and seventy-
hundredths per cent 15.70%1 per an-
num; and
WHEREAS it was provided in the
notice of sale of said honds that hoth
principal and interest are to he payahle
at the Office of the City Treasurer, Du-
huque, Iowa, and also at a hank or trust
company to he mutually agreed upon
hetween the purchaser and the City,
and the purchaser has determined that
an alternate paying agent is not ne-
cessary, which determination is agree-
able to the City; and
WHEREAS it is necessary that Sec-
tion I of the bond resolution referred to
ahove be amended to specify the inter-
est rates which the bonds are to hear
and to confirm the place of payment;
NOW, THEREFORE, Be It Resolved
hy the City Council of the City of Du-
buque, fowa, as follows:
S~ction 1. That Section I of the
resolution referred to in the preamble
hereof be and the same is hereby
amended to read as follows:
"Section 1. That for the purpose of
defraying the cost of eonstrncting addi-
tional public motor vehicle parking fa-
cilities in and for the City of Dubnque,
Iown, as referred to in the preamhle
hereof, there be and there are herehy
authorized to he issued the negotiable
interest hearing revenue bonds of said
City of Dubuque, in the principnl a-
mount of $850.000, each of which shall
be known and designated as a "Parking
Facilities Revenue Bond, 1977 Series,"
hearing date of Jnly I, 1977, numbered
I to 170, inclusive, of the denomination
of $5000 each. The bonds of said issue
shall bear interest from the date there-
of at the rates hereinafter specified,
such interest to be payahle January I,
1978, and semiannually thereafter on
the first days of July and January in
each year. Said honds shall become dne
and payable in their numerical order on
January I of each of the respective
years and shall hear interest at the
rates as follows:
thus called for redemption and for the
payment of which, upon the terms a-
foresaid, 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
honds shall he payahle in lawful money
of the United States of America at the
office of the City Treasurer in and of
the City of Dubuque, Iowa. As permit-
ted and provided for under the terms of
the ordinance adopted by the City
Council of the City of Duhuque, Iowa,
on May 20, 1964, and as recited on the
face of eaeh of the outstanding Parking
Faeilities 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 Deeemher 2, 1968, and as
recited on the face of each of the out-
standing Parking Facilities Revenue
Bonds, 1968 Series, of said City dated
January I, 1969, the Parking Faeilities
Revenue Bonds, 1977 Series, herehy au-
thorized shall rank on a parity with the
presently outstanding bonds referred
to in the preamble hereof and with any
additional bonds as may hereafter he is-
sued and outstanding from time to time
ranking on a parity therewith under the
conditions and restrictions hereinafter
set forth, and all of said honds shall he
payable solely from the bond and in-
terest redemption sinking fund here-
inafter referred to and shall be a valid
claim of the holder thereof only against
said fund, and none of the honds herein
authorized to be issued shall he a gen-
eral obligation of said City nor payahle
in any manner by taxation, hut the
bonds herein authorized to he issued,
together with the presently ontstand-
ing bonds referred to in the preamhle
hereof and such additional honds as
may he hereafter issued ranking on a
parity therewith, shall he payable, both
as to principal and interest, solely and
only from the future net revenues of
said improved system of publie motor
vehicle parking facilities pledged
therefor as hereinafter provided."
Section 2. That the form of hond for
said issue specify that the honds and in-
terest thereon are payable at the Office
of the City Treasnrer of the City of Du-
huque, Iowa.
Section 3. That all resolutions and
orders or parts thereof in conflict
herewith he and the same are herehy
repealed to the extent of such conflict.
Section 4. That this resolution shall
he in full force and effect immediately
upon its passage and approval as pro-
vided hy law.
aood R.tool
v." Amouo' Numb"" '0'.'."
1979 $30,000 1- 6 5.20%
1980 35,000 7- 1:1 5.20%
1981 35,000 14- 20 5.20%
1982 40,000 21- 28 5.20%
1983 45,000 29- 37 5.20%
1984 45,000 88- 40 5.20%
1985 45,000 47- 55 5.20%
1986 50,000 56- 65 5.20%
1987 50,000 66- 75 5.20%
1988 50,000 76- 85 5.20'10
1989 60,000 86- 97 5.20%
1990 70,000 98-111 5'1,%
1991 70,000 112-125 5'1,%
1992 75,000 126.140 5.60%
1993 75.000 141-155 5.70'10
1994 75,000 156-170 5.70%
provided, however, that honds
numbered 86 to 170, inclusive, shall be
redeemable by said City prior to ma-
turity in whole, or from time to time in
part in inverse order of maturity (less
than all of one maturity to be selected
hy loti, on any interest payment due on
or after January 1, 1988, upon terms of
part and accrued interest plus a pre-
mium of Fonr per cent i4%1 of the prin-
cipal amount of any such honds 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 1/2 of one
per cent of the principal amount for
each full year that the redemption date
is subsequent to January 1, 1988. In the
event any of said bonds are called for
redemption prior to maturity as afore-
said notice of such redemption, identify-
ing the hond or bonds to he redeemed,
shall he published at least once but not
less than thirty 1301 days prior to the
redemption date in a financiai news-
paper or journal published in the City of
New York. All of such honds as may be
Passed and approved this 15th day of
August, 1977.
Emil Stackis
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Recorded August 15, 1977.
Leo F. Frommelt
City Clerk
Councilman Wertzhcrger moved
adoption of the Resolution. Seconded hy
Councilman Pregler. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Marvin C. & Alice L.
Meeker and Richard W. Anthonyrc-
questing annexation to the City cover-
ing Lot 2 of the NEV, of SE'/, Section
12, Township 89 North Range 2 East
5th P.M., presented and read. Coun-
cilman Pregler moved that the annexa-
tion he granted. Seconded hy Coun-
cilman Wertzhcrger. Carried by the
following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION ANNEXING
CERTAIN TERRITORY
NO. 323-77
WHEREAS, the owners of an area
approximately 11.14 acres in size im-
mediately adjoining the northerly city
limits of the City of Dubuque, Iowa now
voluntarily petition the City Council for
annexation of their property to the City
of Duhnque, Iowa.
WHEREAS, the inhabitants of said
territory will be enabled to secure the
henefits of city government in the way
of police and fire protection if said ter-
ritory is incorporated within the city
limits of the City of Dubuque, Iowa: and
WHEREAS, the inhabitants of said
territory will he enabled to seeure wa-
ter, and other municipal services if ter-
ritory is incorporated within the city
limits of the City of Dubnque, Iowa: and
WHEREAS, Section 368.00 Code of
Iowa, 1977, authorizes the extension of
city limits in situations of this character
by the adoption of a resolution there-
fore; and
WHEREAS, the future growth, de-
velopment, and preservation of the
puhlic health of the City of Dubuque,
Iowa, makes it imperative that said ter-
ritory be made a part of the City of
Dubuque, Iowa; and
NOW, therefore he it resolved by the
City Council of the City of Dubuque,
Iowa, that the territorial limits of the
City of Dubuque, Iowa be and they are
hereby extended to include the area
ready in question. Seconded hy Mayor
Stackis. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tnlly, Wertzberger.
Nays~None.
At 9:50 P.M. Mayor Stackis moved to
recess. Seconded by Councilman Preg-
ler. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wert"herger.
Nays-None.
COUNCIL RECONVENED IN REG-
UJ,AR SESSION AT 10:09 P.M.
Proof of Puhlication, certified to by
the Puhlisher, of Notice to Contractors
for constrection of Main Street Light-
ing from First Street to Fourth Street,
presented and read. Councilman Tully
moved that the proof of publication be
received and filed. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wert"berger.
Nays-None.
436
Special S~ssion, August 15, 1977
Sp~cial S~ssion, August 15, 1977
437
eomprising the following described real
estate:
LOT 2 of the Northeast 'I, of the
Southeast 'I, of Section 12,
Township 89 North, Range 2 East
of the 5th Principal Meridian in
Duhuque Township, Dubuque
County, Iowa according to the
recorded plat thereof:
The property to he annexed is as
shown on the plat marked Exhihit "A"
attached hereto, and by this reference
made a part hereof, the houndaries of
said area heing outlined in red thereon,
The territory herehy annexed shall
become and be part of the Fourth Vot-
ing Precinct of the City of Dubuque,
Iowa.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Staekis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded hy Coun-
eilman Wert"herger. Carried hy the
following vote:
Yeas-Mayor Staekis, Couneilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
A RESOLUTION declaring a
moratorium on the disposal of City own-
ed real estate not presently committed
for industrial use or location until such
time as Freeway 561 location demands
hecome more crystalli"ed, presented
and read.
Couneilman Tully moved that the
resolution be tahled. Seconded hy Coun-
eilman Brady. VOTE ON THE MO-
TION WAS AS FOI,LOWS:
Yeas-Councilmen Tully, Brady.
Nays-Mayor Stackis, Councilmen
Pregler, Wertzherger.
MOTION FAILED.
Councilman Wertzberger moved that
the City Manager he instructed to not
enter into any negotiations and not
enter into sale of Industriai Property
until such time Council establishes a
policy with reference to Freeway. Se-
conded by Mayor Stackis. Carried hy
the following vote:
Yeas-Mayor Stackis, Councilmen
Pregler, Tnlly, Wert"herger.
Nays-Councilman Brady.
Councilman Brady moved to abandon
negotiations with Thermo King and ter-
minate negotiations with property al-
WHEREAS, said sealed proposals
were opened and read on August 9,
1977, and it has been determined that
the hid of Tri-State Paving Company,
Division of Dubuque Stone Products of
Dubuque, Iowa in the amount of
$45,650.20 was the lowest hid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications; now there-
fore,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that the con-
tract for the above mentioned improve-
ment be awarded to Tri-State Paving
Company, Division of Dubuque Stone
Products and the Manager be and he is
herehy directed to execute a contract
on behalf of the City of Duhuque for the
complete performance of said work.
BE IT FURTHER R~;SOLVED, 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 hid deposits of
the unsuccessful bidders.
Passed and adopted this 15th day of
August, 1977
August 9, 1977
To the Honorahle Mayor
and City Council
Pursuant to your instructious sealed
proposals were reeeived until 10:00 a.m.
on August 9, 1977, for the Main Street
Lighting Project from 1st to 4th Street.
The lowest bid was suhmitted by Tri-
State Paving, Division of Dubuque
Stone Products Company of Dubuque,
Iowa. Their bid was $45,650.20 which is
1.7% under the estimate.
1 reeommend that the contract he
awarded to 'fri-State Paving, Division
of Duhuque Stone Products Company.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication he received and filed.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wert"berger.
Nays-None.
Tim Duggan addressed the Council
asking ahout the equipment, indicating
he spent considerable amount of money
in preparing the bid for the light stand-
ards Jim Gore of Crescent Electric
spoke relative to the project, evidently.
he was the low bidder for the standards
as handled hy the Engineering Depart-
ment.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Ri<:hard Wertzherger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the Resolntion. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen
Brady, 'fully, Wertzberger.
Nays-Councilman Pregler.
Proof of Publication, certified to by
the Publisher, of Notice of Pendency of
Resolution of Necessity for construc-
tion of 20th Street Traffic Signals from
Central to Elm Street, presented and
read. Councilman Wert"berger moved
that the proof of publication he received
and filed. Seconded by Councilman
Pregler. Carried hy the following vote:
Yeas~Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wert"herger.
Nays-None.
Communication of Earl J. Bock ob-
jecting to installation of traffic signals
at 20th & Elm Street, presented and
read.
Earl Bock addressed the Council as
heing against traffic signals, especially
in the area proposed at the five points
on Rhomberg Ave.
Councilman Wertzberger moved that
the commnnication be received and fil-
(Awarding Contract)
RESOLUTION NO.324.77
WHEREAS, sealed proposals have
heen submitted by contractors for the
Main Street Lighting from First Street
to Fourth Street pursuant to Resolu-
tion No. 282-77 and notice to bidders
published in a newspaper published in
said City on July 28, 1977; and
ed. Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Necessity of Improvement)
RESOLUTION NO. 313.77
WHEREAS, proposed plans, spec-
ifications, form of contract have heen
duly prepared and approved by the Ci-
ty Council of the City of Duhuque and
are now on file in the office of the City
Clerk showing among other things the
following:
1. An estimate of the eost of the pro-
posed improvement for the 20th
Street Traffic Signals from Central
Avenue to Elm Street.
BE IT THEREFORE RESOLVED
that the City Couneil on its own motion
or upon petition of property owners,
deems it advisable and necessary for
the public welfare to make the here-
inmentioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Cierk ob-
jections to the proposed improvement,
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
heen 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 he paid from the Road Use Tax
Funds.
The above resolution was introduced,
approved, and ordered placed on file
with the City Clerk this 1st day of
Angust,1977.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by
the City Council this 15th day of
August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger movcd fi-
nal adoption of thc Resolution. Second-
ed by Councilmao Pregler. Carried by
the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger,
Nays-None.
438
Special Session, August 15,1977
Special Ses_sion, August 15, 1977
439
Decision of Council upon
oblectlons to plans, specifications
form of contract and
cost of improvements
RESOLUTION NO.325.77
WHEREAS, proposed plans and
specifieations and form of contract for
the 20th Street Traffic Signals from
Central Avenue to Elm Street have
heen approved hy the City Council of
the City of Dubuque nnd public notice
given as provided by Chapter 384 of the
Code of Iowa, 1977 pertaining to public
contraets and honds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvements,
said time heing this 15th day of August,
1977: and
WHEREAS, the City Council met in
special session this 15th day of Angust,
1977, at 7:30 o'clock P.M. at the Conncil
Chamhers in the City Hall for the pur-
pose of hearing all interested pnrties
and considering any and all ohjections
which have heen filed to the proposed
plans, specifications or contract for or
eost of the improvement herein deserih-
ed and proposed to he made; and
WHEREAS, all interested parties
have been given an opportnnity to he
heard and all objections which have
heen duly weighed and considered;
now, therefore
BE IT RESOLVED by the City Coun-
eil of the City of Dubuque, that all oh-
jections which have heen made and fil-
ed to the pians, specifications, contract
for or cost of said improvement herein
descrihed and proposed to be made, he
and the same herehy overrnled and
such plans, speeifications and form of
contract heretofore approved are
herehy adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision
of this Council upon all objections which
have hcen filed to the plans, specifica-
tions and form of cost said improve-
ment he made a matter of permanent
reeord in connection with said improve-
ment.
Passed adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommeit
City Clerk
Councilman Wert"hergcr moved
adoption of the Resolution. Seconded hy
Couneilman Pregler. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 326.77
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA that pursuant to a
Resolution of Necessity No. 313-77
which was duly passed by this Council
for the 20th Street Traffic Signals from
Central Avenue to Elm Street.
Be and the same is hereby ordered
constructed hy this Council upon its
own motion and with or without the
petition of property owners.
All work shall be constructed in ac-
eordance with the plans and specifica-
tions heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of said improve-
ment be paid from the Road Use Tax
Fund.
BE IT FURTHER RESOLVED that
this resolution heing deemed urgent
and of IMMEDIATE NECESSITY
shall be in force and effect from and
after its passage and adoption hy the
City Council.
Passed, adopted"and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wert"berger
James E. Brady
Walter A. Pregler
Councilmen
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzherger.
Nays-None.
Statement of City Clerk certifying
that notiees of hearing were mailed by
certified mail on July 26, 1977 to pro-
perty owners of record subject to pay
for cost of paving Sunset Ridge Drive,
presented and read. Councilman Wertz-
herger moved that the statement he
received and filed. Seconded hy Coun-
eilman Pregler. Carried hy the follow-
ing vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Necessily for Improvement)
RESOLUTION NO. 286.77
WHEREAS, proposed plans, specifi-
cations, form of contract, plat and sche-
dule have heen duly prepared and ap-
proved hy 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 followiog:
I. 'rhe assessment limits.
2. The streets to be improved.
3. The width of such improvement.
4. Each lot proposed to he assessed
together with a valutation fixed by
the Council.
5. An estimate of the eost of the
proposed improvement, stating the
same for each different type of eon-
struction and kind of materiai to
be used.
6. In each ease the amoùnt thereof
which is estimated to he assessed
against each lot, for the Sunset Ridge
Drive Asphalt Paving from the
N.P.L. of Lot 2-1 in Mineral Lot 132
to the southerly end of the street.
BE IT THEREFORE RESOLVED
that the City of its own motion or upon
petition of property owners, deems it
advisable and necessary for the publie
welfare to make the herein mentioned
improvement, and unless property own-
ers at the time of the final consideration
of this proposed resolution have on file
with the City Clerk objections to the
amount of the proposed assessments,
they shall be deemed to have waived all
objeetions thereof.
Said improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
been prepared therefore hy the City
Engineer which have hecn approved by
the City Council and are now on file
with the City Cierk. That the cost and
expenses 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 exced the
amount provided hy law, property will
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzherger moved
adoption of the resolution. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Staekis, Councilmen
Brady, Pregler, Tully, Wert"berger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Pendency of
Resolution of Necessity for construc-
tion of Sunset Ridge Drive Asphalt
Paving from N.P.L. of Lot 2-1 in Min-
erai Lot 132 to southerly end of street,
presented and read.
No written ohjections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing. Councilman Wertzberger mov-
ed that the proof of publication be
received and filed. Seconded hy Coun-
cilman Pregler. Carried hy the follow-
ing vote:
he assessed whether the same abuts
thereon or is adjaeent thereto accord-
ing to area and in proportion to the spe-
cial benefits conferred thereby. Street
improvement bonds shall he issued and
sold in anticipation of deferred pay-
ments of assessments when a eontract
has been performed and accepted and
the proceeds thereof used to pay the con-
tractor. The railway portiou of any
street or assessment district shall be
assessed to and paid hy the railway com-
pany.
The ahove resolution was introduced,
approved and ordered plaeed on file
with the City Clerk this 18th day of
July, 1977.
RECORD OF FINALADOPTION
The foregoing resolution was finally
passed and adopted as proposed hy the
City Couneil this 15th day of August,
1977.
EmiiStackis
Mayor
ThomnsA.TullyJr.
Richard Wertzherger
JamesE.Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo I'. Frommelt
City Clerk
Councilman Wertzherger moved fi-
nal adoption of the Resolntion. Second-
ed hy Councilman Pregler. Carried by
the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzborger.
Nays-none.
Decision of Council upon oblecfions
to plans, specifications, form of con-
tract and cost of improvements.
RESOLUTION NO. 327-77
WHEREAS, proposed plans and spe-
cifications and form of contraet for the
Asphalt Paving on Sunset Ridge Drive
from the N.P.L. of Lot 2-1 Mineral Lot
132 to the southerly end of the street
have been approved hy the City Council
. of the City of Dubuque and public notice
given as provided by Chapter 384 of the
Code of Iowa, 1977, pertaining to public
contracts and bonds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvements,
said time being this 15th day of August,
1977: aod
WHEREAS, the City COuncil met in
special session this 15th Day of August,
1977, at 7:30 P.M. at the Council Cham-
bers in City Hall for the purpose of
hearing all interested parties and consi-
dering any and all ohjeetions whieh have
been filed to the proposed plans, specifi-
cations or contraet for or eost of the
440
sahlc 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. Payment
will be made to the contractor out of
funds realized from the sale of bonds to
he issued in anticipation of deferred
payments of assessments as provided
hy law after the work has been complet-
ed and accepted by the City Council.
BE IT FURTHER RESOLVED that
the City Clerk he and he is herehy orde-
red and directed to advertise for propo-
sals for the construction of the various
improvements herein provided for in
the manner provided by law, the said
improvements shall be compieted on or
before 30 days after notice to proceed
has been issued.
BE IT f'URTHER RESOLVED that
this resolution being deemed urgent
and of immediate necessity shall be in
force and efl'ect from and alter its pas-
sage and adoption by the City Council.
Passed, adopted, and approved this
15th day of August, 1977.
I,mil Stackis
Mayor
ThomasA. TullyJr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
Special Session, August 15,1977
Special Session, August 15,1977
441
improvement herein described and pro-
posed to be made: and
WHEREAS, all intereste,d parties
have hccn given an opportunity to be
heard and all objections which have
been duly weighed and considered;
now, therefore
BE IT RESOINED by the City Coun-
cil of the City of Dubuque, that all oh-
jections 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 and
hecebyadopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision
of this Council upon all ohjeetions which
have been filed to the plans, specifica-
tions and form of cost said improve-
ment be made a matter of permanent
record in connection with said impcove-
ment.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard W crtzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the Resolution. Seconded by
Councilman Pcegler. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
(Ordering Construction)
RESOLUTION NO. 328-77
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
Necessity Nu. 286-77 which was duly
passed by this Council, for the Asphalt
Paving on Bunset Ridge Dr¡ve from the
N.P.L. of Lot 2-1 in Mineral Lot 132 to
the southerly end of the street be and
the same ar~ herehy ordered and cons-
tructed 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 specificatiorisherètolore
adopted and now on file iu the office of
the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said im-
provements he paid for hy levying spe-
ciai assessments against the privately
owned property lying within the asses-
I am of the opinion that there would
be no legal ohjection to the City Council
of the City of Dubuque, Iowa adopting
the attached resolution.
R.N. Russo
City Attoruey
Couneilman Pregler moved that the
communication he received and filed.
Seconded hy Councilman Brady. Car-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregier, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 329.77
WHEREAS, on Decemher 6, 1971, a
tax sale was publicly held and Robert
N. Defendi and M. Regina Defendi re-
eeived a tax deed dated January 22,
1973, from the Treasnrer, Duhuque
County, Iowa, for real estate hereinaf-
ter descrihed; and
WHEREAS, the City of Dubuque, Io-
wa has no further interest in said pro-
perty hy reason of the fact that the un-
paid taxes for the years 1968, 1969 and
1970 have heen paid hy the purchaser in
the sum of $255.82 which included an un-
paid, taxes for said years, including
peualty and interest plus $1.50 for the
eertificate fee;
NOW THERE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CI-
TYOFDUBUQUE,IOWA:
Section 1. That the City of Quhuque,
Iowa does herehy waive any and an
rights the City may have in connection
with the following descrihed real
estate:
The Easterly 123 feet of Lots 17
and 18 of Jaeger's Suhdivision in
the City of Duhuque, Iowa, accord-
ing to the reeorded plat thereof.
to Robert N. Defendi and M. Regina
Defendi
Section 2. That the City Clerk he
and is herehy directed to cause this res-
olution to be reeorded in the office of
the Dubuque Connty Recorder in and
for Dubuque County, Iowa at the ex,
pense of the petitioners, Robett N, De-
fendi and M, Regina Dcfendi.
adoptd, ;".d app""cd ,I",
"", 1~77.
Emil Stacki',
Mayor
Thom"A,
Yens-Mayor Stackis, Councilmen Brady,
Pregler, Tnny, Wertzherger.
Nays-none.
Proof of Puhlication, certified to by
the Publisher, of Notice of Publie Hear-
ings to provide $60,000 amending Block
Grant Agreement, for relocation of
water and sanitary sewer mains in Ur-
han Renewal Area, presented and read.
Councilman Pregler moved that the
proof of publication he received and
filed. Seeonded hy Councilman Wertz-
berger. Carried by the fonowing vote:
Yeas-Mayor Stackis, Conncilmen Brady,
Pregler, Tuny, Wertzberger.
Nays-none.
RESOLUTION NO. 330.77
AUTHORIZING PUBLICATION
OF NOTICE OF ENVIRONMENT-
AL REVIEW FINDINGS FOR CER-
TAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PRO-
JECTS
WHEREAS, the City of Dubuque under
date of May 10, 1977 entered into Grant
Agreement B-77-MC.19-0004 with the
U.S. Department of Housing and Urban
Development providing for financial
assistance to the City nnder Title I of
the Housing and Community Act of
1974: and
WHEREAS, pursuant to the rules
and regulations as promulgated hy the
U.S. Department of Housing and Urhan
Development, environmental reviews
have heen processed for the project
hereinafter to he deserihed to he finaneed
with Community Development Block
Grant Funds: nnd
WHEREAS, an ad hoc Environment-
al Review Committee has after due con-
sideration made a determination that
the project is not a major Federal ac-
tion significantly affecting the quality
of the human environment: now there-
fore
BE IT RESOLVED BY TUF. CITY
COUNCIL OF THE CITY OF D¡TBI'-
QUE, IOWA,
Seclion 1. That the Clerk be
andoei, aoddi""",
cd to publi,o a olFindingnlr;o
Elkel 00 tfH' Bo,ironl'n<'nt
identified pro ¡eel, :;nd
lor the
10 make the
Reeonl for the' said asadahl,' I",'
.]i, it!'Spection, ""'"e sh;dl b¡,
the form of Exhibit "A" :<ltar'hed
hereto and made a part he"cof
Relocation of Sanitary Sewer Lines
and Water Mains in Urhan Renew-
al Land Area.
Section 2. That the City of Dubuque
herehy declares its intent to adopt a
resolution at its regular Conncil meet-
ing of August 15, 1977, amending the
use of Community Development Block
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertz bergeI' moved
adoption of the Resolution. Seconded by
Councilman Pregler. Carried hy the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertz bergeI'.
Nays-none.
. August8,1977
Honorable Mayor
And City Council
Mr. David L. Clemens of Reynolds,
Kenline, Breitbach, McCarthy, Clemo",
& McKay, Attorneys at Law, has writ-
ten me advising thnt he represents the
purchasers of tax sale in December of
1971, said prop...ty being described as
foilows:
The Eastedy 123 feet of Lots 17
and 18 nf ,Jaegds :iubdivismn in
the City of Dubuque, Iowa, aceon!-
inK to the recorded plat thereof.
for the amount of $25&.82, which was
for the unpaid taxes for the years 1968,
1969 and 1970.
Apparently, notice of service of
rights of redemption was never served
on the City: and in order to clear said
title, it is necessary that the City waive
any rights in connection with the sale of
said lots in Jaeger's suhdivision.
Jamed;, Ready
Wall",. A, Pregler
Councilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Pregier moved adoption
of the Resolution. Seconded hy Council
man Wertzherger. Carried by the follow-
ingvote:
440
sable distance from the improvements,
whether such property ahut upon the
same or are adjacent thereto, according
to the area thereof and in proportion to
the special benefits confecced. Payment
will be made to the cootractor out of
funds realized from the sale of honds to
be issued in anticipation of deferred
payments of assessments as provided
hy law after the work has been complet-
ed and accepted by the City Council.
BE IT FURTHER RESOLVED that
the City Clerk he and he is herehy orde-
red and directed to advertise for propo-
sals for the ronstruction of the various
improvements herein provided for in
the manner provided by law, the said
improvemcnts shall be completed on or
before 30 days after notice to proceed
has been issued.
In; IT FURTHER RESOLVED that
this resolution being deemed urgent
and of immediate necessity shall be in
force and effect from and after its pas-
sage and adoption by the City Council.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully ,Jr.
Richard Wertzberger
,JamesE.Brady
Walter A. Pregler
Councilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Prcgler moved adoption
of the Resolution. Seconded by Council
man Wertzberger. Carried by the follow-
ingvote:
Special Session, August 15, 1977
Special Session, August 15,1977
441
improvemcnt herein descrihed and pro-
posed to be made: and
WHEREAS, all intereste,d parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered:
now, therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all oh-
jections which have been made and
filed to the plans, specifications, con-
tract for or cost of said improvement
herein described and proposed to he
made, be and the same hereby overruled
and such plans, specifications and form
of contract heretofore approved and
hereby adopted.
BE IT FURTHEH HESOLVED that
this resolution containing the decision
of this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improve-
ment be made a matter of permanent
record in connection with said improve-
ment.
Passed, adopted, and approved this
15th day of August, 1977.
¡;milStackis
Mayor
Thomas A. Tully J,..
Hichard Wertzbcrger
James E. Brady
WalterA.Pregler
Councilmen
ATTEST:
LeoF. Frommelt
City Clerk
Councilman Wertzherger moved
adoption of the Resolution. Seconded hy
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Stuckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
(Ordering Construction)
RESOLUTION NO. 328.77
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
Necessity No. 286-77 which was duly
passed hy this Council, for the Asphalt
Paving on Sunset Ridge Drive from the
N.P.L. of Lot 2-1 in Mineral Lot 132 to
the southerly end of the street he and
thc same arc herehy ordered and cons-
tructed by this Council upon its own
motion and with or without the petition
of property owners. All the work shall
be constructed in accordance with the
plans and specifications heretofore
adopted and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said im-
provements be paid for by levying spe-
cial assessments against the privately
owned property lying within the asses-
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzhergcr moved
adoption of the Resolution. Seconded hy
Couneilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
I am of the opinion that there would
be no legal ohjection to the City Council
of the City of Dubuque, Iowa adopting
the attached resolution.
R.N.Russo
City Attorney
Councilman Pregler moved that the
communieation he received and filed.
Seconded hy Councilman Brady. Car-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 329.77
WHEREAS, on December 6, 1971, a
tax sale was pnhlicly held and Robert
N. Defendi and M. Regina Defendi re-
ceived a tax deed dated Jnnuary 22,
1973, from the Treasurer, Dubuque
County, Iowa, for real estate hereinaf-
ter descrihed; and
WHEREAS, the City of Duhuque, Io-
wa has no further interest in said pro-
perty by reason of the fact that the un-
paid taxes for the years 1968, 1969 and
1970 have heen paid by the pnrchaser in
the sum of $255.82 which included all nn-
paid. taxes for said years, including
penalty and interest plus $1.50 for the
certificate fee;
NOW THERE BE ITRESOCVED
BY THE CITY COUNCIL OF THE CI-
TYOFDUBUQUE,lOWA:
Section 1. That the City ofI\uhuque,
Iowa does herehy waive any and all
rights the City may have in connection
with the following descrihed real
estate:
The Easterly 123 feet of Lots 17
and 18 of Jaeger's Suhdivision in
the City of Dubuque, Iowa, aeeord-
ing to the recorded plat thereof.
to Rohert N. Defendi and M. Regina
Defendi
Section 2. That the City Clerk be
and is hereby direeted to eause this res-
olution to he recorded in the office of
the Duhuque County Recorder in and
for Dubuque County, Iowa at the ex-
pense of the petitioners, Robert N. De-
fendi and M. Regina Defendi.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
ThomasA. Tully Jr.
Riehard Wertzherger
JamesE.Brady
Waiter A. Pregler
Councilmen
August8,1977
Honorahle Mayor
And City Council
Mr. David L. Clemens of Reynolds,
Kenline, Breitbach, McCarthy, Clemens
& McKay, Attorneys at Law, has writ-
ten me advising that he represents the
purchasers of tax sale in December of
1971, said property being descrihed as
follows:
The Easterly 123 feet of I,ots 17
and 18 of Jaeger's Suhdivision in
the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof.
for the amount of $255.82, which was
for the nnpaid taxes for the years 1968,
1969 and 1970.
Appárently, notice of service of
rights of redemption was never served
on the City; and in order to clear said
title, it is necessary that the City waive
any rights in connection with the sale of
said lots in Jaeger's subdivision.
Yeas-Mayor Staekis, Councilmen Brody,
Pregier, Tully, Wertzberger.
Nays-none.
Proof of Puhlication, eertified to by
the Puhlisher, of Notice of Public Hear-
ings to provide $60,000 amending Block
Grant Agreement, for relocation of
water and sanitary sewer mains in Ur-
ban Renewai Area, presented and read.
Councilman Pregler moved that the
proof of publication he received and
filed. Seconded hy Couneilman Wertz-
herger. Carried hythe following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none,
RESOLUTION NO. 330-77
AUTHORIZING PUBLICATION
OF NOTICE OF ENVIRONMENT.
AL REVIEW FINDINGS FOR CER-
TAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PRO-
JECTS
WHEREAS, the City of Duhuque under
date of May 10, 1977 entered into Grant
Agreement B-77-MC-19-0004 with the
U.S. Department of Housing and Urhan
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 Honsing and Urban
Development, environmental reviews
have heen processed for the project
hereinafter to he descrihed to be financed
with Community Development Biock
Grant Funds; and
WHEREAS, an ad hoc Environment-
al Review Committee has after due con-
sideration made a determination that
the project is not a major Federal ae-
tion significantiy affecting the quality
of the human environment; now there-
fore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, lOW A:
Section 1. That the City Clerk he
and he is hereby authorized and direct-
ed to puhlish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to make the Environmental Review
Record for the said project available for
puhlic inspection. Sueh notice shall be
in the form of Exhihit "A" attached
hereto and made a part hereof.
Relocation of Sanitary Sewer Lines
and Water Mains in Urban Renew-
al Land Area.
Section 2. That the City of Duhuque
hereby declares its intent to adopt a
resolution at its regular Council meet-
ing of August 15, 1977, amending the
use of Community Development Block
442
Special Session, August 15, 1977
Grant funds in Grant Agreement B-77-
MC-19-0004 dated May 10, 1977 as au-
thorized under Title 1 of the Housing
and Community Development Act of
1974 to undertake the projeet.
Passed, adopted, and approved this
15th dayof August, 1977.
Emil Stackis
Mayor
Thomas A.Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Couneilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seeonded hy Couneil
man Wertzberger. Carried hy the follow-
ingvote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-noue.
RESOLUTION NO. 331.77
A RESOLUTION DIRECTING
THE TRANSFER OF COMMU.
NITY DEVELOPMENT BLOCK
GRANT FUNDS FROM THE UR.
BAN RENEWAL PROJECT IOWA
R-15 LAND PURCHASE PRO.
JECT TO THE RELOCATION OF
SANITARY SEWER LINES AND
WATER MAINS PROJECT.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section 1. That an amount not to ex-
eeed Sixty-Thousand Dollars ($60,000.001
shall he transferred from the Urban Re-
newal Project, Iowa-15 Fund Purchase
Project to the Relocation of Sanitary
Sewer Lines and Water Mains Project.
Section 2. That the foregoing trans-
fer uf funds has heretofore heen approv-
ed by the Community Developmeot Com-
mission.
Passed, adopted, and approved this
15th day of August, 1977.
EmiiStackis
Mayor
Thomas A. Tully Jr.
Riehard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilmao Pregler moved adoption
of the Resolution. Seconded by Council-
mau Wcrtzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Petition for Voluntary Annexation
by Joseph I'. & Ruth M. Siegert as
owners Contract Sellers and Edward
Tschiggfrie Owner Contract Purchaser
located in Section 20, Township 89
North, Range 2 East of the 5th P.M.,
containing approx. 75.018 acres, present-
ed and read. Councilman Tully moved
that the annexation he approved. Sec-
onded by Councilman Wertzherger.
Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 332.77
WHEREAS, the owners of an area
approximately 75.018 acres In size
lying north of Pennsylvania Avenue
(Middle Road) and immediately west
of and adjacent to the existing city
limits of the City of Dubuque, Iowa,
now voluntarily petition the City
Council for annexation of their prop-
erty to the City of Dubuque,lowa; and
WH~REAS, inhahitants and future
inhabitants of said territory will be en.
abled to secure the benefits of city
government in the way of police and
lire protection, utilities, and other
municipal services if said territory is
incorporated within the city limits of
the City of Dubuque, Iowa; and
WHEREAS, Chapter 368 of the Code
of Iowa authorizes the extension of
city limits In situations of this charac.
ter by Ihe adoption of a resolution;
and
WHEREAS, the future growth and
development of the City of Dubuque,
Iowa, make it desirable that said terri.
tory be made a part of the City of Du.
buque, Iowa.
NOW, THEREFORE, IT BE RESOLV-
ED 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 the Sontheast 114 of the
Southeast 114, and Lot 2 of the
Northeast 114 of the Southeast 114,
all in Section 20, Township 89
North, Range 2 East of the 5th
P.M. in Dubuque Township, Dubu-
que County, Iowa, according the
the United States Government sur-
vey thereof and the recorded plats
thereof.
The property to be annexed is as shown
on the map attached hereto with the
boundaries of said area being outlined
in red.
Section 2. That the territory hereby
annexed shall hecome a part of the
Special Session, August 15, 1977
443
\ \~\
twentieth Voting Precinct to the City of
Duhuque, Iowa.
Passed, adopted, and approved this
15th day of August, 1977.
EmiiStackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Couneilman
Wertzhcrger. Carried by the follow-
ingvote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
August9,1977
Honorable Mayor
and City Council
The Economic Development Admin-
istration has approved for financing the
following local public works in projects
in the amounts requested.
17thStreetStormSewcr $505,267
ExpansiunofCityGarage $261,004
Greenhouse - Potting House $203,340
We would request the adoption of the
attached resolutions which authorize
the Mayor tu execute the necessary
grant agreements. >
GilhertD.Chavenelle
City Manager
Councilman Wertzberger moved that
the communication he received and
filed. Seconded hy Mayor Stackis. Car-
ried by the following vote:
Ycas-Maynr Stackis, Councilmen Brady,
Pregler, Tully, Wcrtzberger.
Nays-none.
RESOLUTION No. 333-77
AuthorizIng the Execution of a
Grant Agreement with the Econo.
mic Development Administration
for the 17th Street Storm Sewer.
WHEREAS, pnrsuant to the provi-
sions of the I,ocal Public Works CapiLal
Development and Investment Aetof1976
as amended hy thePuhiie Works Employ-
mcnt Act of 1977, the Economic Develop-
ment Administration has approved an ap-
plication filed hy the City of Duhuque to
provide financial assistance to construct
the 17th Street Storm Sewer.
NOW THEREFORE, BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, row A:
Section 1. That the Mayor is hereby
authorized and directed to execute a
Grant Agreement not to exeeed $505,267
with the Economic Development Admin-
istration for EDA Project No. 05-51-
20192-17th Street Storm Sewer.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Richard Wertzherger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the Resolution. Seconded by
Mayor Stackis. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Wertzherger.
Nays-none.
Ahstain-Councilman Tully.
RESOLUTION NO. 334.77
Authorizing the Execution of a
Grant Agreement with the Econo-
mic Development Administration
for the Expansion of City Garage.
WHEREAS, pursuant to the provi-
sions of the Local Puhlic Works Capital
Development and Investment Act of
1976 as amended by the Puhlic Works
Employment Act of 1977, the Economic
Development Administration has approv-
ed an application filed hy the City of
Dubuque to provide financial assistance
for the expansion of City Garage.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, row A:
Section 1. That the Mayor is herehy
authorized and directed to execute a
Grant Agreement not to exceed $261,004
with the Economic Development Admin-
istration for EDA Project No. 05-51-
20189 Expansion of City Garage.
Passed. adopted. and approved tbis
15th day of August, 1977.
Emil Stackis
Mayor
Riehard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seeonded by
Mayor Stackis. Carried by the following
vote:
Yeas-Mayor S~'ckis, Councilmen Brady,
Pregler, Wertzherger.
Nays-none.
Ahstain-Councilman Tully,
Special Session, August 15, 1977
RESOLUTION NO. 335.77 Councilman Pregler moved adoption
Authorizing the Execution of a of the Resolution. Seconded hy Council-
Grant-Agreement with the Econo- man Brady. Carried hy the following
mlc Development Administration vote:
for the Greenhouse - Potting Yeas-Mayor Stackis, Councilmen Brady,
House Pregler, Tully, Wertzherger.
WHEREAS, pnrsuant to the provi- Nays-nonc.
sions of the Local Public Works Capital RESOLUTION NO. 337-77
Development and Investment Act of WHEREAS, applications for Beer
1976 as amended hy the Puhlic Works Permits have heen suhmitted to this
Employment Act of 1977, the Economic Council for approval and the same have
Development Administration has approv- been examined;
ed an application filed by the City of NOW THEREFORE BE IT RESOL-
Duhuque to provide financial assistance VED by the City Council of the City of
to construct the Greenhouse - Potting Duhuque, Iowa, that the following appli-
House. cations he granted and permits issued
NOW THEREFORE, BE ITRESOLV-upon the compliance with the terms of
ED BY THE CITY COUNCIL OF THE the Ordinances of the City.
CITY OF DUBUQUE, row A: CLASS "C" BEER PERMIT
Section 1. That the Mayor is hereby VirginiaAnnBaker,(SundaySalesonly),
authorized and directed to execute a 3345 Hillcrest Road
Grant Agreement not to exceed $203,340 Cremer Grocery Company, (Sunday
with the Economic Development Admin- Sales only), 731 Rhomherg Ave.
istration for EDA Project No. 05-51- Grandview Drug Inc" (Sunday Sale s
20190-Greenhouse - Potting House. only),486 N. Grandview Ave.
Passed, adopted, and approved this Great Atlantic & Paeific Tea Co., Inc"
15th day of August, 1977. (Sunday Sales only) 3333 Asbury Road
Emil Stackis LaVern Nicholas Hennen, (Sunday
Mayor Sales only), 3300 Ashury Road
Richard Wertzherger Thomas E. Kessler, (Sunday Sales only),
Walter A. Pregler 1993 Ashury Road
Councilmen Kopple's Market Inc., (Sunday Sales
only), 1098 University Ave.
Leonard Oil Company, (Sunday Sales
only), 1387 Dodge St.
Beverly R. Miller, (Sunday Sales only),
260 Southern Ave.
Kay J. Nemmers, (Sunday Sales only),
250 West 1st St.
Palmer Drug Store, (Sunday Sales only),
2600 Dodge St.
Walgreen Co., (Sunday Sales only), 555
John F. Kennedy Road
Earl John Tegeler, (Sunday Sales only),
2311 Winds1>rAve.
Earl John Tegeler, (Sunday Sales only),
620 South Grandview Ave.
Earl John Tegeler, (Sunday Sales only),
2850 Burlington St.
Will Co" Inc" (Sunday Sales only), 805
West 5th St.
Grovos-Kelco, Inc. (Sunday Sales only),
1920 Elm St.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Riehard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
444
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded hy
Mayor Stackis. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen Preg-
ler, Wertzberger.
Nays-Conncilman Brady.
Ahstain-Councilman Tully,
RESOLUTION NO. 336-77
BE IT RESOLVEDhy the City Coun-
cil of the City ofDuhuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Duhuque,
Iowa, be granted a permit to sell Ciga-
rettes and Cigarette Papers within said
City.
David O. Leach, 380 East 20th Street
Milton J. Marty, 5th and Locust Street
Stephen Noonan, 1298 Main Street
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ATTEST:
Leo F. Frommelt
City Clerk
Conncilman Pregler moved adoption
of the resolution. Seconded hy Council-
Special Session, August 15,1977
445
(
\~J'
man Brady. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 388.77
WHEREAS, applications for Beer
Permits were filed hy the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to he occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and they have filed proper
honds;
NOW THEREFORE BE IT RESOLV-
ED by the City Council of the City of
Dubuque, Iowa, that the Manager be au-
thorized to cause to he issued to the
following named applicants a Beer Per-
mit.
CLASS "C" BEER PERMIT
Virginia Ann Baker, (Sunday Sales only),
3345 Hillcrest Road
Cremer Grocery Company, (Sunday
Sales only), 731 Rhomberg Ave.
Graudview Drug Inc., (Sunday Sale s
only),486 N. Grandview Ave.
Great Atlantic & Pacifie Tea Co" Inc.,
(Sunday Sales only) 3333 Asbury Road
LaVern Nicholas Hennen, (Sunday
Sales only), 3300 Asbury Road
Thomas E. Kessler, (Sunday Sales only),
1993 Ashury Road
Kopple's Market Inc" (Sunday Sales
onlyl, 1098 University Ave.
Leonard Oil Company, (Sunday Sales
only), 1387 Dodge St.
Beverly R. Miller, (Sunday Sales only),
260 Southern Ave.
Kay J. Nemmers, (Sunday Sales only),
250 West 1st St.
Palmer Drug Store, (Sunday Sales only),
2600 Dodge St.
Walgreen Co., (Sunday Sales only), 555
John F. Kennedy Road
Earl Jnhn Tegeler, (Sunday Sales only),
2311 Windsor Ave.
Earl John Tegeler, (Sunday Sales only),
620 South Grandview Ave.
Earl John Tegeler, (Sunday Sales only),
2850 Burlington St.
Will Co., Inc., (Snnday Sales only), 805
West 5th St.
Groves-Keleo, Inc. (Sunday Sales only),
1920 Elm St.
Passed, adopted, and approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
ATTEST: Councilmen
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded hy Council-
man Brady. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 339-77
WHEREAS, applications for Liquor
¡'¡censes have heen submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RESOIN-
ED hy the City Council of the City of
Duhuque, Iowa, that the following ap-
plications be approved and liccnscs
issued upon the compliance with the
provisions nf Chapter 131, Acts of the
l"irst Regular Session, 64th General
Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Amvets Post #3,36 West 4th St.
,James R. Bainbridge, 1375 Locust St.
Imperial I,ones (Also Sunday Salesl,
3505 Stoneman Road
Roger R. Piekcnbrock & Huth A. Ox-
berger, 504 Bluff St.
Melvin A. Spiegelhalter (Sunday Sales
Onlv), 1029'/, Main St.
Pas:,ed, adopted, aod approved this
15th day of August, 1977.
Emil Stackis
Mayor
Thomas A. Tully ,Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded by Couneil-
man Brady. Carried by the following
vote:
Yeas-Mayor Stackis, Councilmeo
Brady, Pregler, Tully, Wertzherger.
Nays-None.
RESOLUTION NO. 340.77
WHEREAS, applications for Liquor
Licenses were filed hy the within
named applicants and they have receiv-
ed the appwval of this Council; and
WHEREAS, the pnmises to be occu-
pied hy such applicants were inspeded
and found to comply with the State Law
and all City Ordinances relevant there-
to and they have filed proper bonds:
NOW TIŒIŒFORE BE IT RESOLV-
IèD by the City Council of Duhuque,
Iowa, that the Manager be authorized
to cause to be issued to the following
named applicants a Liqoor License.
Special Sessiou, August 15,1977
CLASS "C" (COMMERCIAL) Yeas-Mayor Stackis, Councilmen
BEER AND LIQUOR LICENSES Brady, Pregler, Tully, Wertzbergec.
Amvets Post #3, 36 West 4th St, Nays-None.
,lames It. Bainhridge, ta75 Locust HI. There heing no fnrther business,
Imperial Lanes (Alsn Sunday Sales), Mayor Stackis moved to adjourn. Se-
3505 Stoneman Hoad conded by Councilman Wertzberger.
Hoger H. Piekenbrock & Ruth A. Ox- Carried by the following vote:
berger, 504 Bluff St. Yeas-Mayor Stackis, Councilmeu
Melvin A. Spiegelhalter (Sunday Sales Brady, Pregler, TuBy, Wertzberger.
Only), 1029';' Main Street Nays-None.
Pnssed, adopted, and approved this Leo F. Frommelt
15th day oj' August, 1977. City Clerk
Emil Stackis
Mayor
Thom'as A. Tully Jr.
¡¡¡rhard Wertzherger
,James K Brady
Walter A.Pregler
Councilmen
446
Approved.
.1978
Adopted.
.1978
ATTEST:
Leo I". Frommelt
City Clerk
Councilman Pregler moved adoption
of the Hesolution. Seconded by Council-
man Brady. Carried by the foBowing
vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, TuBy, Wertzberger.
Nays-None.
-~----_. .---
Councilmen
ATTEST:
August9,1977
-~----
Honorable Mavor and
City Council .
We have in accordance with your in-
structions initiated negotiations for the
pun:hase of the Trenkle property.
We would appreciate an opportunity
at the August 15th City Council meeting
to discuss the status of these negotia-
tions during an Executive Session.
Gilhert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be received and filed.
Seeonded hy Councilman Brady. Carried
hy the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, TuBy, Wertzberger.
Nays-None.
At 11:00 P.M. Councilman Wertzber-
ger moved to go into Executive Session
for the purpose of discussing Real Es-
tate. Secondcd by Councilman Brady.
Carried by the foBowing vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pcegler, TuBy, Wertzberger.
Nays-None.
City Clerk
COUNCIL HECONV~;NED IN R~;GU-
I,AR S~;SSION AT 11:14 P.M.
Councilman Pregler moved that the
City Solicitor be d¡"ected and author-
ized to cummence ~;minent Domain Pro-
ceedings on Treukle Propcrty. Second-
ed by Councilman Brady. Carried by
the foBowing vote:
Special Session, August 23,1977
447
CITY COUNCIL
OFFICIAL
Special Session, August 23, 1977
Council met at 7:30 P.M. (C.D.T.)
Prese"t - Mayor Stackis, Cou"cil.
me" Pregler, Tully, Wertzberger,
City Manager Gilbert D. Chavenelle.
Absent - Cou"cilma" Brady.
Mayor Stackis read the caB and stated
that service thereof had been duly made
and this meeting is called for the purpose
of considering adoption of a resolution
Authorizing the Execution ofa Grant A-
greement with the Economic Develop-
ment Administration for Expansion of
Iowa Street Parking Ramp and acting
upon such other Business as may pro-
perly come hefore a reguiar meeting of
the Council.
RESOLUTION NO. 341-77
AUTHORIZING THE EXECUTION OF
A GRANT AGREEMENT WITH THE
ECONOMIC DEVELOPMENT ADMIN.
ISTRATION FOR EXPANSION OF
IOWA STREET PARKING RAMP
WHEREAS, pursuant to the provis-
ions of the Local Puhlic Works Capital
Development Administration has ap-
proved an application filed by the City of
Dubuque to provide financial assistance
for expansion of Iowa Street Parking
Ramp.
NOW THEREFORE, BE IT RESOLV.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Sectio" 1. That the Mayor is hereby
authorized and directed to execute a
Grant Agreement not to exceed
$553,960 with the Economic Develop-
ment Administration for EDA Project
No. 05-51-2019B Expansion of Iowa
Street Parking Hamp.
Passed, adopted, and approved this
23rd day oj' August, 1977.
~;mil Stackis
Mayor
Richard Wertzberger
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the foBowing vote:
Yeas-Mayor Stackis, Councilmen Preg-
ler, Wertzberger.
Nays-None.
Ahstain-Councilman Tully.
Absent-Councilman Brady.
There being no further husiness
Councilman Wertzberger moved to ad-
journ. Seconded hy Councilman Pregler.
Carried hy the foBowing vote:
Yeas-Mayor Stackis, Couneimen Preg-
ler, Tully, Wertzberger.
Nays-None.
Absent-Councilman Brady.
Leo F. Frommelt
City Clerk
Approved.
.1978
.1978
Adopted
Councilman
ATTEST:
City Clerk
448
Special Session, August 31, 1977
CITY COUNCIL
OFFICIAL
Special Session, August 31, 1977.
Council met at 4:30 P.M. (C.D.T.)
Presenl - Mayor Stackis, Council.
men Brady, Pregler, Tully. City Mana.
ger Gilbert D. Chavenelle. Ahsent -
Councilman Wertzberger.
Mayor Stackis read the call and stat-
ed that service thereof had been dnly
made and this meeting is ealled to CON.
SIDER WEST SIDE TRAFFIC MAT-
TERS: ALSO TO RECONSIDER H. R.
W. ZONING RECLASSIFICATION RE.
QUEST AND PLANNING & ZONING'S
RECOMMENDATION THEREOF FOR-
WARDED FROM THE COUNCIL
MEETING OF AUGUST 15, 1977, and
acting upon such other business ns may
properly come beforc a Regular Meet-
ing of thc Council.
Petition of Martha Kessler et al 183
signers) ohjecting to the elosing of Key-
way because it would destroy flow of
traffic to and from their Church, pre-
sented and read. Councilman Tully
moved that the petition be rceeived and
filed. Seconded by Councilman Brady.
Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays-None.
Ahsent-Councilman Wertzberger.
Petition of Mike Jozefowicz et al (393
signers) ohjecting to the clsoing of Key-
way hecause (I) indirect access to Ken-
nedy Schook, (2) extended time for fire
and emergency vehieles, (3) excessive
traffic on smaller side streets and addit-
ional traffic on Kennedy Road, present-
ed and read. Councilman Tully moved
that the petition he received and filed.
Seeonded by Councilman Brady. Car-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays-None.
Ahsent-Councilman Wcrtzberger.
Petition of Huhert Wagner et al (290
signers) objeeting to the elosing of Key-
way because (I) setting a precedent to
allow streets to be elosed, (2) extended
time for emergency vehielcs to reach
their homes, (3) excessive traffic on
smaller side streets, prescnted and
read. Councilman Tully moved that the
petition be received and filed. Seeonded
hy Councilman Brady. Carried by the
following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tnlly.
Nays-None.
Ahsent-Councilman Wcrtzberger.
Petition of ELizabeth Bendt et al (289
signers) requesting blockage of Keyway
at Pennsylvania on the south and place
a diagonal hlock at Woodland on the
north, presented and read. Councilman
Tully moved that the petition he receiv-
ed and filed. Seconded by Councilman
Brady. Carried hy the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully,
Nays-None.
Absent-Councilman Wertzberger.
Councilman Tully moved to suspend
the rules to let anyone present address
the Council if they so desire. Seconded
hy Councilman Brady. Carried by the
following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays-None.
Absent-Councilman Wertzherger.
Stephanie Hahlen of 2179 Keyway,
representing West End Neighhorhood
Association, hcing in favor of hlocking
Keyway, spoke to Council requesting to
relieve a prohlcm of 3500 ears on
Street; Save children lives; Have a test-
ing period.
Mike Jozefowicz of 1780 Vizaleea
voiced ohjectiol\ to elosing of Keyway
Drive stating blocking Keyway as sug-
gested will not solve prohlem; No one
on St. John Drive wants blockage of
Keyway: People unanimous against elos-
ing street; Propose limit parking on
street (alternate parking); reduce speed
limit from 25 to 20 mile per hour; Re-
questing 4 way and 3 way stop signs at
appropriate intersections; Patrol area
regularly; Blockading street is not ans-
wer to problem.
Hugh Wagner of 2023 Key Largo
ohjected to elosing of Keywny stating
signatures indicate a three-fold numher
against elosing of Keyway; Suggsting
elosing of back gates to Hempstead
High Sehool; Check into pulling traffic
lights on Hillcrest and Keyway; realize
majority of West End people oppose
elosing Keyway.
Donna Smith of 1827 Keyway report-
ed back in 1975 request for relief barri-
cade proposal came from City Planners;
Accidents bear out treacherous condi-
tions of street; Alternates thrown out
hy opposition today have been tried.
Staff Report by Kirkwood stated
Traffic Committee considered alter-
nates to proposals of West End Group;
Install a choker-eliminate turning
movements north on Keyway - Do not
enter signs, Yellow lines, etc.; at Wood-
land & Keyway propose full diverter:
Fire department would have problems
as alternate; Have partial diverter as
proposed.
Chief O'Brien state Viability System
is good to eliminate some of the prob-
Special Session, August 31,1977
449
lems; Utilize stop sign procedure; Make
traffic on Keyway uncomfortable; In
favor of posing hoth solutions to the
Council.
Councilman Tully moved that the
Staff be requested to hegin to experi-
ment with partial diverter concept. also
to prepare ordinance to test stop sign
concept. Seconded hy Councilman Preg-
ler. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays-None.
Ahsent-Couneilman Wertzherger.
COUNCIL RECESSED AT 5:55 P.M.
RECONVENED AT 6:00 P.M.
Communication of Planning & Zoning
Commission (forward from meeting of
August 15, 1977) suhmitting their re-
port on the petition of H. R. W. Associa-
tes requesting a C-6 Planned Commer-
cial Zoning request and recommending
that the recommendation he tahled to a
specified future date, presented and
read.
Attorney Bertsch representing H. R.
W. Associates stated that the property
owner did everything it could to help
resolve the rezoning prohlem; C-6 is
hest for community and for Developer;
Recognize traffic problem.
Attorney Bertsch read petition
signed by approx. 600 persons caption-
ed "The undersigned citizens of the
City of Dubuque, Iowa, request the City
Council to rezone the property of H. R.
W. Associates on J.F.K. Road to permit
the construction of a Shopping Center".
Councilman Pregler moved that the
recommendation of denial hy Planning
& Zoning Commission be accepted and
that nc puhlic hearing on rezoning be
held. Seconded hy Councilman Brady.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays-None.
Ahsent-Councilman Wertzberger.
Communication of City Manager sub-
mitting eapability to finance report for
reconstruction of Kennedy Road; Pro-
ject Concept Statement; Barton-
Aschman Associates Inc. Access recom-
mendations for proposed developments
at Kennedy Road and Hillcrest, present-
ed and read. Councilman Pregler moved
that the concept be adopted in theory
and Staff be instructed to work up con-
cept into contraetural form. Seconded
hy Mayor Stack is. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen
Pregler, Tully.
Nays-Councilman Brady.
Absent-Councilman Wertzberger.
Communieation of Delos A. Dorwei-
ler submitting a purchase agreement to
Robert M. Bertsch for all property
owners (excluding 2105 Kennedy Road)
property needed for Kennedy Road
widening from Asbury Road to Pen-
nsylvania, presented and read. Council-
man Tully moved that the communica-
tion he received and filed. Seconded hy
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays-None.
Ahsent-Councilman Wertzherger.
There being no further business,
Councilman Pregler moved that the
meeting he adjourned. Seconded by
Councilman Tully. Carried hy the follow-
ing vote:
Yeas-Mayor Stack is, Councilmen
Brady, Pregler, Tully.
Nays-None.
Absent-Councilman Wertzherger.
Leo F. Frommelt
City Clerk
Approved.
.1978
Adopted.
.1978
Councilman
ATTEST:
City Clerk
\\.\'