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1977 October Council Proceedings 502 Adjourned Special Session, September 19, 1977 Regular Session, October 3, 1977 503 Yeas-Mayor Slackis, Coúncilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Advisory Commis- sion requesting tbe Council to consider forming and supporting a Yontb Com- mission, preseuted and read. Council- man Brady moved that the communica- tion be received aud filed. Seconded by Mayor Stack is. Carried hy the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. There being no further business, Councilman Tully moved to adjourn. Seconded by Mayor Stackis. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. CITY COUNCIL OFFICIAL Regular Session, October 3, 1977. Council metat 7:30P.M. IC.D.T.) Present-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. City Manager Gilhert D. Chavcnelle. Mayor Stackis read the call aud stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such business as may properly come hefore the Meeting. Invocation was given by Father George Karnik, Head of Family Life Bureau of the Archdiocese and Associ- ateP"tor of Holy Ghost Church. Proclamations proclaiming month of October as "Property Identification Month": October 11th & 12th as "Gour- met Cooking Days". October 31.1977 as "Halloween Trick Or Treat Night": and October 15th as "White Cane Safety Day" were read, approved audsigned by Mayor Stackis. Communication of Playgrouud and Recreation Commission submitting min- utes of their meeting of September 12, 1977, presented and read. Councilman Pregler moved that the minutes be re- ceived and filed. Seconded by Council- man Wertzberger. Carried by the fol- lowingvote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wcrtzbcrgcr. Nays-none. Communication olBoard o!Dock Com- missioners submitting minutes of their meeting of August 17, 1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Dubuqne Transit Board submitting minutes of their meet- ing of September 6.1977, presented and read. Councilman Pregler moved that the minutes be received and filed. Sec- onded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, WertzbcrgeL Nays-none. Communication of Dubuque Airport Commission submitting minutes of their meeting of Septcmber19, 1977, present- ed and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wcrtzbergcr. Carried by the following vote: LeoF.Frommelt City Clerk Approved...................... 1978 Adopted....................... 1978 Councilors ATTEST: City Clerk Yeas-Mayor Slackis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Commission of Housing Commissiou submitting minutes of tbeir meetiug of September 20, 1977, presented and read. Councilman Pregler moved that the min- utes be received aud filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of DMATS submit- ting miuutes of their meeting of August 25, 1977, presented and read. Council- man Pregler moved that the minutes be received and filed. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Pregler moved that the Dock Commission be directed to iuvcsti- gate property for th.e parking of Roh- ert's River Rides. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Brndy. Pregler, Wertzberger. Nays-Councilman Tully. Mayor Stackis moved that the opera- tion of Sail Bnat Inc. be checked ànd re- ferred to the City Manager's office for in- vestigation and report - Possibly sub- ject to Sub-Lease. Secouded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler,'l'ully, Wertzberger. Nays-none. Communication of Zouing Adminis- trator uotifyiug Council of conditional use permits granted by tbe Zoning Board of Adjustment for 607 E. 22nd St" 3200 Asbury Rd., 2423 Broadway St. and 86 Hill St., presented and read. Coun- cilman Wertzbcrger moved tbat the communication be received and filed. Seconded by Mayor Stackis. Canicd by the following vote: Yeas-Mayor Slackis. Councilmen Brady. Pregler, Tnlly, Wertzbergcr. Nays-none. Communication of Finley Hospital by Charles R. Gilliam expressiug thanks for cooperatiou received on the Hospital Bond Issue and advising of proper con- tacts to be made to expedite tbe Park- way Storm Sewer problem, presented and read. Councilman Wertzbcrger moved that the communication be re- ceived and filed and referred to City Manager. Seconded by Mayor Stackis. Carried by tbe following vote: RegularSession, October3, 1977 505 504 Regular Session, October 3, 1977 Yeas-Mayor Stackis, Councilmen Brady, tewater Treatmeut Facility Fioal Grant, Pregler, Tully, Wcrtzberger. noting several deficiencies in tbe exist- Nays-none. ing Iacility wbich must be corrected and Communication of Iowa D.E.Q. sub- recommending tbat Iinal grant pay- mitting construction permit for Water ments not be made until de!icieucies and Main Extensien on Aquin Street, pre- violations arc resolved, preseuted and seuted and read. Couucilman Wert,ber- read. Couucilmau Wert,berger moved ger moved that tbe communicatiou be tbat the communication be received aud received and filed. Secouded by Mayor filed and referred to tbe City Manager. Stackis. Carried by tbe followiug vote: Secouded by Mayor Stackis. Carried by Yeas-Mayor Stackis, Councilmen Brady, the Iollowing vote: Pregler. Tully, Wertzberger. Yeas-Mayor Stackis, Councilmen Brady, Nays-noue. Pregler, Tully, Wert,herger. Communication of Bobbe Ames sub- Nays-none. mitting her resignation from the Com- Communication of Cable TV Commis- munity Development Commission. prc- sion advisiug that Douald R. Abitz is un- sented and read. Councilman Wertzber- able to accept appointment to the Com- ger moved that the commuuication be mission also that no action be taken by received and filed and accepted with re- the Council at this time on Huston's re- gret. Seconded by Mayor Stackis. Car- quest for approval ofthe lease proposal, ricd by the following vote: presented and read. Councilman Wertz- Yeas-Mayor Stackis, Councilmen Brady, berger moved that tbe communication Pregler. Tully, Wertzberger. be received and filed. Seconded by May- Nays-none. or Stackis, Carried by the following Communication of W. 11th Street vote: .' Neighborhood Ass'n. by Betty Krieg, in- Yeas-Mayor StackIS. Councilmen Brady, dicating dissatisfaction relative t.o pc~- pr~~~;~::;;'~I~:, Wertzberger. sons selected to ser~e ,on the HIStMIC Communication of Housing Commis- PreS?rvatIOn CommIssIOn, also urgI~g sion advising of selection of Charlotte apPO1~tm?nt of a rc~re~entatJve to theIr Kelly as Chairperson, Douglas Pearce ;;rgaOl~atIOn:al~o;IS~Ing~addressthe Vice Chairperson, Doris Hingtgeu Rep- O~UCI ,~resen; a7 rea. d t resentative and requesting Council con- ounCI man reg er move 0 sus- firmation, presented and read. Coun- pend the rules t~ I?t anyone present ad- cilman Wertzberger moved tbat tbe dress tbe Counc~~ If they so desIC<;. Sec- communication be received and filed and ondedlby CouncI ~an Tully. CarrIed by positionsconlirmed. Seconded by Mayor tbe 101 OWIng vote. . 'B Stackis. Carried by the following vote: Yeas-Mayor StaCkIS, Councilmen rady, Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbergcr. PrcgleI',Tnlly, Wertzberger. Nays-~one.. Nays-none. Bob FIsh, Betty KrIeg and Ruth Nash Communication of Eric A Schulz rc- spoke to the Council ~nd challenged questing permissiou to address the member~hIp of CommIssIOn. Council to formally present a suggested Councdm~n Tully ~oved tbat tbe outline indicating a course of action on commuOlcatIOu be. receIved and flied and building defects and zoning misuse, pre- r,"ferr,ed to COlInCII. Seconded by Mayor sented and read. Councilman Wertzber- Stackls. CarrIed by tbe follo,:"Ingvote: ger moved that the commuuication be Yeas-Mayor StaCklS, Conncilmcn Brady. received and filed and referred to Coun- Pr~gler, Tully. Wertzbcrger. cil. Seconded by Mayor Stackis, Cal'1'ied ays-none. by the following vot~: Communication of W. I1tb St. Neigh- Yeas-Mayor Stackis, Conncilmen Brady, borhood requesting Rutb Nash. Janice Prcgler,'l'nlly, Wertzberger. Zenner and Betty Krieg be allowed to Nays-none. serve on the Community Development Commuuication 01 11th Street Neigb- Commission as representatives from the borhood Ass'u. being in favor 01 pre-sale W. 11th St. Neigbborhood. prescuted inspection of real property as a needed and read. Councilman Wert,bcrger tool lor consumer protection, preseuted moved tbat tbe commnnication be re- aud read. Mayor Stackis moved tbat tbe ceived and filed aud referred to Council. communication be received and filed. Seconded by Mayor Stackis. Carried by Seconded by Councilman Tully. Carried tbe Iollowing vote: by the following vote: Yeas-Mayor Stackis, Couucilmen Brady, Yeas-Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Pregler,'l'nlly, Wertzbergcr. Nays-noue. Nays-none. Communicatiou of Iowa D.E.Q. sub- Proof of Pnblieation, certilied to by mitting a report ofinspectiou of the Was- the Publisher, of Notice 01 Pnblic Hear- ings lor the pnrposc of obtaiuing views on amendiug tbe Community Block Grant Agreement to provide $12,210. for siding, re-rooling and insulating Du- buque Area Sheltered Workshop llirst reading), presented and read. Mayor Stackis moved that the proof of publica- tion be referred to tbe Council Meetiug 01 October 17, 1977 lor a second presen- tation. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert,bergcr. Nays-none. ProoI of Publicatiou, certilied to by the Publisher, 01 list ofReceipts and Ex- penditures, also list of claims for August, 1977, presented and read.Coun- cilmau Wertzberger moved that the proof of publication be received aud filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. September 26, 1977 Honorable Mayor and City Council I am returning to you the petition of Micbael O'Neill which brought to your attention that the location of speed limit changes was not posted on JFK Road. I am enclosiug a copy of a letter from Chief O'Brien wbicb indicates tbat a speed sign bas been mouuted on the west side of JFK just south of Asbury Road. Gilbert D, Cbaveuclle City Manager Councilman Wertzbcrger moved tbat the communication be received and filed. Seconded by Councilman Pregler. Carried by tbe Iollowing vote: Yeas-Mayor Stackis, Councilmeu Brady. Pregler, Tully, Wertzherger. Nays-uonc. Notice of Claim of Jobn Gorsucb, in the amount of $450" for removal and re- placement of two trees that were damag- ed due to street salt used on Prospect Street, presented and read. Couucilman Wertzbergcr moved that the Notice of Claim be referred to the City Attorney for inveatigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Original Notice and petition for decla- ratory judgment from District Court to W. C. Neumeister etal vs. City Develop- ment Board, City Developmcut Commit- tee and City of Dubuque, Iowa. relative to annexation. preseuted and read. Councilman Wertzberger moved tbat . the Notice and Petition be referred to the City Attorney for investigation and report. Seconded by Councimau Preg- ler. Carried by tbc following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wert,berger. Nays-none. Councilman Pregler moved that the City Attorney be authori,cd to file no- tice 01 Appeal relative to annexation. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-noue. Councilman Pregler moved tbat the Verbal Report submitted by Attorney Russo be accepted and Chief O'Brien's case be closed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Proof of Publication, certilied to by the Publisher of Notice of Public Hear- ing to amend the Code of Ordinances Zoning Ordinauce by reclassifying por- tions of property on the west side of the 2300 Block of Central Ave. from C-2 Lo- cal Service Commercial District to C-3 Arterial Business Commercial District Ciassilication, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at tbe time set for the hearing. Councilmau Tully moved tbat the proof 01 publication be <cceived and filed- Sec- onded hy Councilman WeeH¡eeg"", C" ried by the following vote: Yeas-Mayor Slaekis. Councilmen H,'ad,. Pregler, T~lIy. Wel'tzbeegec ' Nays-none. ORDINANCE NO. 67.77 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDIN. ANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RE. CLASSIFYING PORTIONS OF PROP. ERTY ON THE WEST SIDE OF THE 2300 BLOCK OF CENTRAL AVENUE FROM C.2 LOCAL SERVICE COM. MERCIAL DISTRICT TO C.3 ARTERI. AL BUSINESS COMMERCIAL DlS. TRICTCLASSIFICATION, said Ordinance haviug been previousiy presented and read at the Council Meet- ing 01 September 6, 1977. presented for final adoption. ORDINANCE NO. 67.77 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- 506 RegularSession,October3,1977 BUQUE, IOWA, BEAMENDED BY RE. . VISING APPENDIX A THEREOF,ALSO . CouncIlman Tu!ly moved fInal adop- KNOWN AS THE "ZONING ORDIN. tton of the Ordmance. Seconded by ANCE AND ZONING MAP OF THE CouncIlman Wertzberger. Cawed by CITY OF DUBUQUE, IOWA," BY RE. thefollowmgvote:. . CLASSIFYING PORTIONS OF PROp. Yeas.Mayor Stackis, Councilmen Brady, ERTY ON THE WEST SIDE OF THE Pregler, Tully, Wertzberger. 2300 BLOCK OF CENTRAL AVENUE Nays-none. FROM C.2 LOCAL SERVICE COM. Proof of Publication, certified to by MERCIAL DISTRICT TO C.3 ARTERI. the Publisher, of Notice 01 Public Hear- AL BUSINESS COMMERCIAL DIS. ingto amend Code of Ordinances Zoning TRICTCLASSIFICATION Ordinance by reclassifying portions of NOW THEREFORE BE IT ORDAIN. M.L.237 and M.L. 243 from AG Agricul- ED BY THE CITY COUNCIL OF THE' tural District Classification to C-3 Arte- CITY OF DUBUQUE, IOWA: rial Business Commercial District Clas- Seclion 1. That the Code ofOrdinanc- sification, presented and read. No writ- es of the City of Dubuque, Iowa, be ten objections were filed and uo oral ob- omendedbyrevisingAppendixAthere. jectors were present in the Council of, also known as the "Zoning Ordinance Chamber at the time setIorthe bearing. and Zoning Map of the City of Dubuque, Councilman Wertzberger moved that Iowa", to reclassifyfrom "C-2LocaISer- the proof 01 publication be received and vice CommercialDistrict"classification filed. Seconded by Mayor Stackis. Car- to "C-3 Arterial Business Commercial ried by the following vote: District" classification, the following Yeas-Mayor Stackis, Councilmen Brady, described real estate, to wit, Pregler, Tully, Wertzberger. Lot 1, Lot la, Lot 2, and Lot 3 in Nays-none. Krayer's Subdivision; the West ORDINANCE NO. 68.77 50 feet of Lot 3 and the West 50 AN ORDINANCE OF THE CITY OF DU. feet of Lot 4 inSchaffner's Subdi- BUQUE, IOWA, PROVIDINGTHATTHE vision; the North 'I, of Lot 5, the CODEOFORDINANCES,CITYOF DU- North 'f, of Lot 6 and the North ,(, BUQUE, IOWA, BE AMENDED BY RE. of Lot 7 in Schoffner's Subdivi. VISING APPENDIX A THEREOF, sion; the West40feet of the East ALSO KNOWN AS THE "ZONING OR. 165feetoftheNorth80feetofLot DINANCEANDZONING MAPOFTHE 5 in Brewery Addition; the East CITY OF DUBUQUE, IOWA" BY RE. 100feet of Lot 3 and the EostlOO CLASSIFYING PORTIONS OF MINE. feet of Lot4 of Schaffner's Subdi- RAL LOT 237 AND MINERAL LOT 243 vision; the East 125 feet of the FROM AG AGRICULTURAL DISTRICT East 16.5 feet of the North80feet CLASSIFICATION TO C.3 ARTERIAL ofLot.5inBreweryAddition;the BUSINESS COMMERCIAL DISTRICT North 96 feet of Lot 3 and all of CLASSIFICATION, Lot 4 in Brewery Addition; and said Ordinance having been previously all of Lot 1 of Valeria Place presented and read at tbe Council Meet- except the Westerlyapproxima- iug of September 6,1977, presented for tely 180 feet thereof, all in the Iinaladoption. City of Dubuque,lowa, ORDINANCE NO. 68.77 Section 2. That the foregoing amend- AN ORDINANCE OF THE CITY OF DU. ment has heretofore been approved by BUQUE, IOWA, PROVIDING THAT the Planning and Zoning Commission of THE CODE OF ORDINANCES, CITY the City of Dubuque, Iowa. OF DUBUQUE, IOWA, BE AMENDED Passed, adopted, and approved this BY REVISING APPENDIX A THERE. 3rd day of October, 1977. OF, ALSO KNOWN AS THE "ZONING EmilStackis ORDINANCE AND ZONING MAP OF Mayor THE CITY OF DUBUQUE, IOWA" BY Thomas A. Tully Jr. REÇLASSIFYING PORTIONS OF Ricbard Wcrtzberger MINERAL LOT 237 AND ,MINERAL JamesE.Brady LOT 243 FROM AG AGRICULTURAL WalterA.Pregler DISTRICT CLASSIFICATION TO C-3 ATTEST: Councilmen ~~~~~~ATLC~~~~~fîA~?O~MERCIAL LeoF.Frommelt NOW THEREFORE BE IT ORDAIN. CIty Clerk ED BY THE CITY COUNCIL OF THE Published oIficially in tbe Telegraph CITY OF DUBUQUE, IOWA: Herald Newspaper this 6th day of Oc- Seclion 1. That the Code of Or din anc- tober, 1977. es of the City of Dubuque, Iowa. be Leo.F. Frommelt amended by revising Appendix A thcre- Clty Clerk of, also known as the "Zoning Ordinance 11 10/6 Regular Session, October 3, 1977 507 and Zoning Map of the City of Dubuque, Iowo" to reclassify from "AGAgricultu- ralDistrict" classification to "C-3 Arte- rialBusiness CommercialDistrict" clas. sification, the following described real estata, to wit, Lot20fthe subdivisionofLotl of the subdivision of Lot 1 of Mine- ral Lot 237, and Lot 3 of Mineral Lot 243 in Section 27. Township 89 North, Range 2 Eost of the 5th Principal Meridian 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 3rd day ofOctober, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger JamesE.Brady WalterA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Published officially iu the Telegraph Herald Newspaper this 6th day of Oc- tober, 1977. 11 1016 Leo F. Frommelt City Clerk Councilman Wcrtzberger moved final adoption of the Ordinance. Second- ed by Mayor Stackis. Carried by the 101- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa, providing tbat the Code of Ordinances, City 01 Dubuque, Iowa, be amended by revising Section 25-257 of said Code: providing tbat a vehicle dis- playing a valid parking sticker to park a motor vehicle upon those streets or por- tions of streets desiguatcd as two hour time zones and shall be exemptfrom sub- section (a) and (b) of Section 25-257 AND AN ORDINANCE of the City of Dubu- que, Iowa providing that the Code of Or- dinances, City of Dubuque, Iowa, he amended by addiug a Section to be num- bered 25-333, providing lor a vehicle dis- playing a valid parking sticker to park a motor vebicle upon (be streets of the City of Dubuque in Parkiúg Meter Dis- tricts A. Baud C and sball he exempt from the provisions of Section 25-327 and Section 25-328, presented and read. Councilman Tully moved the Ordinances be tabled indefinitely. Seconded by Councilman Wertzberger. Carried by the Iollowing vote: Yeas-Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays-Councilman Brady. ProoI 01 Publication, certified to by the Publisher, olNotice of Public Hearing to va- cate and dispose of a portion ofRutb Street abutting Lots 1-3 and Lots 13-15 in King's Grove Addn" presented and read. No writ- ten objections were filed and no oral objec- tors were present in tbe Council Chamber at the time set for tbe bearing. Councilman Tully moved tbat the proof of publication be received and filed. Seconded by Councilman Wertzbcrger. Carried by the following vote: , Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. ORDINANCE NO. 69.77 AN ORDINANCE VACATING A POR. TION OF RUTH STREET ABUTTING LOTS 1.3 AND LOTS 13.151N KING'S GROVE ADDITION IN THE CITY OF DUBUQUE, IOWA, said Ordinance baving been previously presented at the Council Meeting ofSep- tcmber 19, 1977, presented for final adoption. ORDINANCE NO. 69.77 AN ORDINANCE VACATING A POR- TION OF RUTH STREET ABUTTING LOTS 1.3 AND LOTS 13.15 IN KING'S GROVE ADDITION IN THE CITY OF DUBUQUE,IOWA. WHEREAS, William p, Meyers as owner of Lot" 1-3 and 13-15 in King's Grove Addition in the City of Dubuque. Iowa, has petitioned the City Councillor the vacation of Ruth Street abutting Lots 1-3 and Lots 13-15 in King'" Grove Addition in the City of Dubuque, Iowa, all above real estate situated in the City of Dubuque, Iowa, and WH[o,'REAS, Cullen, Kilby, Carolan & Associates has prepared and submit- ted to the City Council said plats show- ing the said street. togetherwithLot.sl- 5 ond Lots 11-15 all in King',s Grove Ad- dition in the City of Dubuque, Iowa. and a"igned a number thereto and which sholl hereafter be known and described as Lot A of vacated Ruth Street in King'.s Grove Addition in the City of Dubuque. IoW(4 and WHEREAS, the City Council of Du- buque, Iowa has determined that this street is no longer public use and the vacation street known as Lot A in King'.s Grove the City of Dubuque, Iowa.should be approved, NOW THEREFORE BE 11' OR- DAINEDBYTIlE CITY CO UNCIL OF TIlE CI1'YOF DUBUQUE, IOWk and tbe conveyance of vacated portion of Rutb Street, platted and described as: Lot "A" of vacated Ruth Street in King's Grove Addition. in the City ofDubuque, Iowa to William P. Meyers be and tbe same is bereby approved for tbe purcbase price 01 $200.00, plus costs of publication and recording fees, no abstract oftitIe will be furnisbed and conveyance sball be by Quit Claim Deed and said conveyance shall be subject to reservation by the City of Dubuque, Iowa 01 a perpetual easement for tbe full width of said vacat- ed portion of street for tbe installation aud maintenauce of water and sewer maius and for the right 01 ingress and e- gress tberefrom to repair aud maiutain the same: Section 2. Tbat the Mayor and City Clerk be and they are hereby authorized and directed to execute said deed 01 con- veyance aud the City Clerk be and he is bereby autborized and directed to de- liver said deeds of conveyance to the grantee upon payment of the purcbase price in full. Section 3. Tbat the City Clerk be and he is bereby authorized and directed to record certified copy 01 this Resolution in the office of the Dubuque County Re- corder. Passed, adopted, and approved tbis 3rd day ofOctober, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Ricbard Wertzberger JamesE.Brady WalterA.Pregler Councilmen 508 Regular Session, October3, 1977 Regular Session, October3, 1977 509 Section 1. That said real estate de- scribed as Lot A of vacoted Ruth Street in King's Grove Addition in Dubuque. Iowo be and the same is hereby vocateli Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispo", of said reolestate described as LatA ofaacated Ruth Street abutting Lots H and Lots 13-15 inKing's Grove Addition. Section 3. That the conveyance of said Lot A of vacated Ruth Street in King's Grove Additionin the CityofDu- bugue, Iowa, be and the same is hereby approved upon payment of $200" and upon payment of cost of publication and filing cost. Passed, adopted, aud approved tbis 3rd day ofOctober, 1977. Emil Stackis, Mayor Thomas A. Tully Jr. Richard Wertzberger JamcsE.Brady Walter A. Pregler C;ouncilmen ATTEST: Leo F. Frommelt City Clerk Publisbed officially in the Telegrapb Herald this 6tb day 01 October, 1977. Leo F. Frommelt City Clerk It 10/6 Councilman Tully moved fiual adop- tion 01 the Ordiuance. Seconded by Councilman Wertzberger. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbergcr. Nays-none. RESOLUTION NO. 397.77 WHEREAS, pursuant to resolution and publisbed notice of time and place of hearing, published in the Telegrapb Herald, a uewspaper of general circula- tion published on September 23, 1977 in the City 01 Duhuque, Iowa, the City Council of the City of Dubuque, Iowa met on tbe 3rd day of October, 1977 at 7:30 (CDTI in the City of Dubuque, City Hall, Dubuque, Iowa, toeousiderthepro- posal to dispose of interest of the City of Dubuque, Iowa in real estate, bereinaf- terdescribed to WilliamP. Meyers: and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of City of Dubuque, Iowa in the bereinalter de- scribed real estate to tbe above named party: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That tbe disposal of inter- est of City of Dubuque, Iowa in and to, ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolutiou. Seconded by-Couucil- man Wertzberger. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-uone. rious portions proposed for R-2 and R-3 classificatious. . We have also attached a proposed or- dinance establishing those zoning classi- fications according to appropriate legal descriptions. The Commission has re- viewed land use and transportation plans for tbe West Dubuque area, and has found that tbe proposed classifi- cations arc appropriate. 'l'be Planning aud Zoning Commission has recom- mended your approval of the reclassifi- cation ordinance. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Tully moved that tbe communication be received and filed. Seconded hy Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen lJrady, Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinances, City 01 Dubuque, Iowa, he amended by revising Appendix A there- of. also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque. Iowa". by reclassifying portions of the Dubuque Development, Inc. property from AG Agricultural District to R-2 and R-3 Residential District Classifications, presented and read. Councilman Tully moved that tbe reading just bad be con- sidered the first reading of the Ordi- nance. Seconded by Councilman Preg- ler. Carried by the Iollowiug vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays"none. Councilman Tully moved tbat the rule requiring an Ordinance to be received and Iiled at two meetings prior to tbe meetiug wben final action is taken. be dispensed with, Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Tully moved tbat a public hearing be held on the Ordinance on No- vembcr7, 1977 at 7:30 o'clock P.M. in tbe Council Cbamber at the City Hall and tbat the City Clerk be instructed to pub- lish notice of tbe heariug in tbe manner required hy law. Seconded by Council- man Pregler. Carried by the followiug vote: Yeas,Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wcrtzbergcr. Nays-none. September 27, 1977 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission bas held a public bearing on the petition of Dubuque De- velopment, Incorporated, requesting R- 2 and R-3 Resideutial District classifica- tions on their 55 acre tract recently an- nexed to tbe City olDubuque. This prop- erty contains a portion of tbe Siegert Farm located on Pennsylvania Avenue immediately west of tbe proposed loca- tion of the Northwest Arterial. A loca- tion map is attached, illustrating the va- September27,1977 Honorable Mayor and City Council The City 01 Dnbuque Planniug and Zoning Commissiou bas held a public bearing on the petition of Mr. Dick An- thony reqnesting au R-2 Residential Dis- trict classificatiou on his property re- cently anuexed to tbe City of Dubuque and located on the west side oIRoosevelt Road nortbeast of Sisters of St. Francis property. We have attached a location map and proposed ordinance setting fortb the legal description of the subject property. The Commission has determined that the R-2 Residential District is consistent with zoning classifications in the Roose- velt Road area and will p,'ovide for the appropriate use of the Anthony prop- erty. The City of Dubuque Planning and Zoning Commission has unanimously ap- proved the establishment 01 the R-2 Res- idential District and hereby recom- mends your approval of the attacbed or- dinance. City Planning and Zoning Commission DaniellJiectemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none, AN ORDINANCE 01 the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A therc- 01. also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying the Anthony Property on Roosevelt Road from AG Agricultural District to R-2 Residential District Classification, presented and read. Councilman Tully moved tbat the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen lJrady, Pregle>', Tully. Wertzberger. Nays-none. Councilman Tully moved tbat the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when Iiual action is taken, be dispensed with, Seconded by Conncil- man Pregler, Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays-none. 510 Regular Session, October 3,1977 Councilman Tully moved that a publIc and Zoning Map of tbe City 01 Dubuque,' hearing be held on the Ordinance on No- Iowa", by reclassifying the Tschiggfrie- vember7,1977 at 7:30 o'clock P.M. iu the Horseficld Property on Dodge Street Council Chamber at tbe City Hall and fromAGAgriculturalDistricttoC-3Ar- tbat the City Clerk be instructed to pub- terial Business District ClassiIication, lisb notice of the bearing in tbe manner presented and read. Couucilman Tully required by law. Seconded by Council- moved tbat tbe reading just had be con- man Pregler. Carried by the following sidered the first readiug of the Ordi- vote: nance. Seconded by Councilman Preg- Yeas-Mayor Stackis, Councilmen Brady, Icr. Carried by the following vote: Pregler, Tully, Wertzberger. Yeas-Mayor Slackis, Councilmen Brady, Nays-none. Pregler, Tully, Wertzberger. September 27, 1977 Nays-none. Honorable Mayor and Councilman Tully moved that tbe rule City Council requiring an Ordiuance to be received The City of Dubuque Plauuing and and filed at two meetings prior to tbe Zoniug Commission bas held a public meeting wheu Iinal action is taken, be hearing on the establishmcut of a perIlla- dispensed with. Seconded by Council- nent ,oning classification on property man Pregler. Carried by the following recently annexed to the City of vote: Dubuque, which is presently classified in Yeas-Mayor Stackis, Couucilmen Brady, the AG Agricultural District. The prop- Pregler, Tully, Wertzberger. erty is legally described as Lot 1 of 2 of 1 Nays-none. of 1 of2 of 1 of Mineral Lot 244: Lot2 of2 Couucilman Tully moved thata public of 1 of 1 of 2 of 1 of Mineral Lot 244: and bearing be beld on the Ordinance on No- Lot 1 of 18; and Lot 1 of 19 of Center vember 7, 1977, at 7:30 o'clock P.M. in Grove, all iu the City of Dubuque, Iowa. the Couneil Chamber at the City Hall The property contains 2.63 a<:res aud is and that tbe City Clerk be instructed to generally described as Ironting the publish notice of the hearing in tbe man- sontb side of U.S. Highway 20 (Dodge ner required by law. Seconded by Coun- Streetl between Cedar Cross Road and cilman Pregler. Carried by the following the Ramada Inn property. A location vote: map is attached. Yeas-Mayor Stackis, Councilmen Brady, Prior to its voluutary annexation, tbe Pregler, Tully, Wertzbcrger. subject property had been classified in a Nays-none. Comm,,'cial zouing district in Dubuque Petitiou 01 Dubuque Senior High Couuty. All other properties in the School requestiug permission to conduct immediate vicinity, either iucorporated a Homecoming Parade on October 14, or unincorporated, have also been classi- 1977, presented aud read. Councilman fied in Commercial or Light Industrial Wertzbergcr moved that tbe request be zoning districts. Existiug land uses are approved subject to coordination of tbe cousistent with these ,oning classifica- City Manager. Seconded by Councilman tions. ThereIore, tbe City of Dubuque Pregler. Carried by the following vote: Planning aud Zoning Comission has Yeas-Mayor Stackis, Couucilmen Brady, determined tbat the C-3 Arterial Busi- Pregler, Tully, Wertzberger. ness District is au appropriate classili- Nays-none. cation for the property. We have at- Petition of Sacred Heart Scbool et al tached a proposed ordinance establish- requesting traIIic signals at the intersec- ing this classification, with a recommen- tiou olE. 22nd Street and Windsor Ave" dation that it be adopted. prescuted and read. Councilman Wertz- City Planning and berger moved that the petition be re- Zoning Commission ceived and filed and reIerred to tbe City Daniel Dittemore Manager and Traffic Department. Sec- Director of onded by Couucilman Pregler. Carried Community Development by the following vote: Councilman Tully moved that the Yeas-Mayor Slackis, Councilmen Brady, communication be received and filed. Pregler. Tully, Wertzbcrger. Seconded by Councilman Pregler. Car- Nays-none. ried by the followiug vote: Petition of Richard Fuerst et ux re- Yeas-Mayor Stackis, Couucilmen Brady, questing vacation of a lot between Lot Pregler, Tully, Wertzberger. 155 in Hamm's Subdivision and Roose- Nays-none. velt Street, presented and read. Coun- AN ORDINANCE of the City 01 cilman Wert,berger moved that the pe- Dubuque, Iowa, providing tbat tbe Code tition be referred to the City Manager olOrdiuances. City ofDubuque;Iowa, be lor investigation and report. Seconded ameuded byrevising Appendix A tbere- by Councilman Pregler. Carried by the of, also kaown as tbe "Zoniug Ordiuance following vote: """',,"~,---, Regular Session, October 3, 1977 511 Yeas-Mayor Slackis, Councilmen Brady, Pregler, 'fully, W ert,berger. Nays-none. Petition of Jobn W. Duccinni request- ing vacation and purchase of a vacated portion of Roosevelt Street abutting Lots 75 and 77, presented aud read. Councilman Wertzberger moved tbat the petition be referred to tbe City Man- ager lor investigation and report. Sec- onded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-uone. Petition of Delos A. Dorweiler re- questing that Kennedy Road be blocked off with barrels at 2105 Kennedy Rd. to stop unnecessary settling of his yard presented and read. Couucilman Pregler moved tbat tbe petition be received and filed and referred to Council. Seconded by Mayor Stackis. Carried by the follow- ingvote: Yeas-Mayor S~'ckis, Councilmen Brady, Pregler. Nays-Councilmen Tully, Wertzberger. Petition of Seventh Day Adventist re- questing permission to conduct their In- gathering program from October 5tb to October 31st, presented and read. Coun- cilman Pregler moved tbat tbe request be approved subject to coordination of City Mauagcr. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor S~'ckis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of William J. Baum request- ing refund of $75. on unexpired portion of Class "B" Beer Permit No. B-7412-76 discontinued business on Septemher 26, 1977, presented and read. Councilman Pregler moved that the refund be grant- ed and City Auditor directed to issue proper warraut. Seconded by Mayor Stackis. Carried by the followiug vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Church 01 the Nativity re- questing a refund of $225. on the uuex- pired portion of Class "B" Beer Permit #3479 discontinued business on Septem- ber 12, 1977, prcseuted and read. Coun- cilman Pregler moved that the reIund be grauted and City Auditor directed to is- sue proper warrant. Seconded by Mayor Stackis. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wert,berger. Nays-none. Petition of Jim R. Jach & Robert My- ers d/b/a Dubuque Sports requesting a reIund, in the amount of $150., on unex- pired portion of Class "B" Beer Permit SB-B-2297-77 discontinued business on September 20, 1977. presented and read. Councilman Pregler moved tbat tbe re- fuud be granted and City Auditor direct- ed to issue proper warrant. Seconded by Mayor Stackis. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Women's Recreation Ass'n. Inc. requestiug a refuud of $225" on the unexpired portion of Class "B" Beer Permit No. B3409 & SB3409-77, dis- continued business on September 12, 1977, prcseutcd and read. Councilman Pregler moved tbat the refund be grant- ed and City Auditor directed to issue proper warrant. Seconded by Mayor Stackis. Carried by tbe Iollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbcrger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt 01 proposals for constructiou and relocation 01 sanitary sewer and water mains for Five Flags Civic Center, presented and read. Councilman Wertz- berger moved that the proof of publica- tion be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilmau Tully. September28,1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m" D.S.T., Monday, September 27, 1977 for relocation of the sanitary sewer aud wat- er main for tbe Five Flags. The lowest bids were entered by Tscbiggfrie Excavating of Dubuque, Iowa. The bid for Alternate I was $61,080.77 wbich is 59% over the Engi- neer's Estimate. Tbe bid lor Alternate II was $68,608.27 wbicb is 58% over tbe Engineer's Estimate. I recommend that the Alternate I con- tract be awarded to Tschiggfrie Exca- vating Company. GilbertD.Chavenellc City Mauager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis, Car- ried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Wcrt,berger. Nays-none. Abstain-Councilman Tully. adoption of tbe Resolution. Seconded by Mayor Stackis. Carried by tbe following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. Proof of Publicatinn, certilied to by tbe Publisber, of Notice of Levy of Spe- cial Assessment aod Iutention of the Council to issue bonds to pay lor con- struction of W. 32ud Street Sanitary Sewer from Carter Road westerly to J.F.K. Road, presented and read. Coun- cilmau Pregler moved that the proof of publication be received and Iiled. Sec- onded by Councilman Wertzberger. Car- ried by the following vok Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wcrtzberger. Nays-none. Statement of City Clerk certifying that notices of levy were mailed to prop- erty owuers of record on September 22, 1977, subject to assessment of W. 32nd Street Sanitary Sewer, presented and read. Councilman Pregler moved tbat tbe Statement be received and Iiled. Sec- onded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Thomas Steffen et ux objecting to assessment 01 32ud Street Sewer because a portion of his land w"' taken, presented and read. Mayor Stackis moved tbat tbe objection be overruled and communication be re- ceived and filed. Seconded by Council- mau Wertzbcrger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Cuuncilmen Brady, Prcgler,'l'ully, Wertzberger. Nays-none. 512 RegularSession, October3, 1977 Regular Session, October3, 1977 513 SCHEDULE OF ASSESSMENT RESOLUTION NO. 399.77 Resolved by the City Council of the City of Dubuque, Iowa: Tbat to pay for West 32nd Street Sanitary Sewer Exteusion IIrom Carter Road westerly to J. F. Kenuedy Roadl by Tri-State Paving Co., contractor in front of and adjoining the same, aspecial tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated aud owned, and lor the several amouuts set opposite each lot or parcel of real estate, as set forth in the following schedule. SCHEDULE OF ASSESSMENTS West 32nd Street Sanitary Sewer from Carter Rd. westerly 10 J.F.K. Owner, Lot, and Location Assessment City ofDubuque, 1,ot 1-1-1-1-2, Miueral Lot 385 255.23 City ofDubuque. Lot 1-1-2. Miueral Lot 382 685.34 'Herman & Agucs Steines, Lot 1-1, Mineral Lot382 7,578.50 Dale Edward & Marion Eliz. Hall. Lot2, Mineral Lot387 945.28 Dale Edward & Marion Eliz. Hall, Lot E. 50'-2-1, Mineral Lot387 472.64 Randy R. & CyntbiaJ. Laufcnherg, Lot 2-2-2-1 exceptE. 50', Mineral Lot387 , Arthur & Jeanette Hablcn, Lot 1-2-2-1 exceptE. 50', Mineral Lot 387 Jean V. D. Hedrick, Lot 2-1-2-1 except E. 50', Mineral Lot 387 (Awarding Contract) RESOLUTION NO. 398.77 WHEREAS, sealed proposals have been submitted by contractors for the I relocation of tbe sauitary sewer and water main for the Five Flags-Alternate I pursuant to Resolution No. 361-77 and notice to bidders published in a newspa- per published in said City on September 9,1977: and WHEREAS, said sealed proposals were opened and read on September 27, 1977, and it has heeu determined that the bid 01 Tschiggfrie Excavatiug Com- pany in the amount of $61.080.77 was the lowest bid lor the furnisbiug 01 all labor and materials and performing tbe work as provided for iu the plans and specifica- tions: now therefore, BE IT RESOLVED by tbe City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- meut he awarded to TschiggIrie Excav- atiug Compauy and the Manager be aud he is hereby directed to execute a con- tract on behalf oftbe City ofDubuquefor the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signiug of said coutract and tbe approval 01 the contractors bond the City Treasurer is autborizcd and in- structed to return the bid deposits of the uusuccessful bidders. Passed, adopted, aud approved this 3rd day of October, 1977. Emil Stackis Mayor Ricbard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman W ertzberger moved 548.26 Carl P. & Amelia M. Dausener, Lot 1-1-2-1 exccptK 50', Mineral Lot 387 Carl P. & Amelia M. Dausener, Lot 1-1-2-1, Mineral Lot 387 Harold W. & ArlitaF. Redmond, Lot2-1-1-1, Miueral 1,ot387 Rogèr L. Arensdorf, Lot 1-2-1-1-1-1-1, Mineral Lot 387 Roger L. Arcnsdorf, Lot 2-2-1-1-1-1-1, Mineral Lot 387 William M. Kutsch. Lot 2-1-1-1-1, Mineral Lot387 Earl & Dorothy Gottschalk, Lot 1-I-I. Minerall,ot 389 Ronald L. & Sbirley A. Waters. Lot2-1-1, Miueral Lot 389 Herbert & Ruth Woller, Lot 2-1. Mineral Lot 389 John L. & Violet Scbubert, Lot 2-1-1, Mineral Lot 390 Cletus A, & Dorothy Finzel. Lot2-2-1-1-1. Mineral I,ot 390 & Lot 2-1, Mineral Lot 386 & Lot2 of Mineral Lot 380 Carl & Christina Smith. Lot2-1-2-1-1-1, Mineral Lot 390 & Lot 2-1, Mineral Lot 386 & Lot 2 of Mineral Lot 380 Donald & 1dcl Guier, Lot 2-1-1-2-1-1-1, Mineral Lot 390 & Lot 2-1. Mineral Lot386 & 1,ot20fMineral Lot380 Robert F. & Christine Schiess I, Lot 1-1-1-2-1-1-1, Mineral Lot 390 & Lot 2-1, Mineral Lot 386 & Lot 2 01 Miueral Lot 380 Francis M. & Frances C. Regenwether, Lot I1-Block I,Sccnic Heights Ricbard F. & DebraM. Hobneckcr, Lot 10-Block 1, Scenic Heights Pcrly L. & Kathleen R. Reeg, Lot 9-Rlock 1. Scenic Heights Roger L. Arensdorf, Lot 1-1-1-1-1-1, Minerall,ot387 Clyde A. & Joann M. Bogc, Lot8-Block 1, Scenic Heights Ruth C. Timmerman, Lot 7-Block 1, Sccuic Heigbts Blauchard J. & Beverly A. Kluesner, Lot6-Block 1, Scenic Heights George P. & Carmelita M, Schmitt. Lot 5-Block 1. Scenic Heights GustJ. Cleopatra T. Mihal, Lot4-Block 1, Scenic Heights Arthur & Joan Furlong, Lot 7-Block 2, Scenic Heights Patrick L. & Karen L. Dillon. Lot 8-Block 2. Scenic Heights Verne & Eleanor Boyes, Lot 9-Block 2, Scenic Heights CecilL. & Betty A. Moore, Lot 10-Block 2, Scenic Heights James J. & Joan M. Gruber, Lot 11-Block 2, Scenic Heights Robert H. & Carol J. Richardson. Lot 12-Block 2. Scenic Heights Stewart E. & Marion M. McKinley, Lot 13-Block 2, Scenic Heights JohnR. & Ann K. Klaas, Lot I-Block 3, Scenic Heights Martin Jr. & Eileen M. Arling, Lot 2-Block 3. Scenic Heights William B. & Constance B. Misko, Lot 3-Block 3, Scenic Heights Ray F, & Dorothy J. Hall, Lot 4-Block 3, SceuicHeights Earl L. Jr. & Constance M. Rohr, Lot5-Block 3, Scenic Heights Russell P. & Kaye E. Hammond, Lot6-Block 3, Scenic Heights LeslieA. Kessler, Lot 7-Block 3, Scenic Heights Harold J. & Rose Marie Noesges, Lot3-Block I. Sceuic Heigbts JamesF. & Mary E, Link, Lot2-Block 1. SccuicI-Ieights Dennis K. & Karen Manhart, Lot I-Bloc. 1, Scenic Heights William L. & NormaJ. Kraus, Lot 2-7-NE '/, , Sectiou 16 Walter & Virginia Jahnke. Lot 2-1-7-NE '/, , Section 16 JuanitaSchlarman, VirgiuiaJabnke & Carol Nestaby undo 'h into each cont:John H. Kivlahan, Lot 1-1-7-NE '/, , Section 16 Steve Jr. & Imogene Dura, Lot 2-11, Brueck Sub. Melvin A. & Jane E. Ward, Lot 2-2-1-11. Brueck Sub. Merlin J. & Marjorie Sweeney, Lot 1-1-11, Brueck Sub. Tbomas R. Steffen. Lot 10, Brueck Sub. Leonard W. Tbiclcu & Katby Ann Rubel. Lot9, Brueck Sub. Earl W. & Phyllis M. McClaiu, Lot I, McClain Sub, Earl W. & Pbyllis M. McClain, Lot 11, McClain Sub. Earl W. & Pbyllis M. McClain, Lot 12, McClaiu Sub. Earl W. & Phyllis M. McClain, Lot 19. McClain Sub. Earl W. & Phyllis M. McClain, Lot 20, McClain Sub, Edmuud P. & LavernE. Maiers, Lot 1-1-1-1-1-1-2-1-1, Ilighland Farm EdmundP. & Lavern E. Maiers, 1,ot2-1-1-1-2-1-1. HighlandF'arm 557.72 366.30 367.71 2,081.98 720.59 1,102.95 141.79 1,284.73 804.43 1.772.12 1,756.24 2,649,15 2,930.37 1.895.95 1.616.43 5,908.00 1,379.92 1.121.86 992.54 336.99 947.45 945.28 945.28 945.28 945.28 896.03 1,325,85 945.28 945.28 945.28 921.65 781.94 1,223.10 960.03 968,91 898.02 858.88 992.54 997.55 945.28 945,28 931.10 1,181.60 1.181.60 4,901.28 1.417.92 1,004.64 959.08 945.28 945.28 1,137.36 1.176.87 1,248.81 1,233.21 2,244.00 15,566.31 1.710.96 514 Regular Session, October3, 1977 Regular Session, October 3, 1977 515 ATTEST: LeoF.Frommclt City Clerk Councilman Pregler moved adoption of tbe Resolution. Seconded by Councilman Wertzberger. Carried by the followingvnte: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Edmund P. & Lavern E. Maiers,Lot2-I-I-I-I-2-I-I, Highland Farm Edmund P. & LavernE. Maiers, Lot 2-1-1-1-1-1-2-1-1, Highland Farm Wayne F. Maiers, Lot 2-1-2-1-1, Higbland Farm Deficiencies to be paid by the City -Herman & Agnes Stéines, Lot 1-I,MinerafLot382 All ofwbicbis assessed in proportion to special benefits conferred. 5,I74lin. ft.l0" vitrified tilepipe @$I3.00 54lin. It 10" ductile iron pipe @$20.00 1,200 lin. ft. 8" vitrified tile pipe @$10.20 28 no. of 10" x 6" wye branches @$25.00 15 no. of. 8" x 6"wye branches @$I5.00 231.7lin. ft. Concrete manhole, bgt. in ft. ofsidewall @$40.00 27 no. of Concrete manhole base,complete @$IOO.OO 27 no.oIManhole, complete ring & cover @$115.00 2 no. ofDrop manbole appurtenance @$200.00 1 no. of Manhole tap @$50.00 40 sq. yd. Seeding @$0.50 5,247.1 tons '!<" Base Stone @$5.IO 1,061.66 tons 1 'h" A.C. Bindercourse @$19.85 1,017.84 tons I 'h" A.C. SurIacecourse @$I9.25 3,400 gals. Prime coat or tack coat@$0.56 3,038.1 sq. yd. Sealcoat-doubleapplication @$0.98 I Lump Extra work - A.C. patching I Lump Extra work - A.C.lcveling 1 Lump Extra 8" C.M. pipe installed I Lump Reconstruction Brueck iutersection Coustruetion Cost Engineering & Inspection 5%-52days Easement Cost Project Cost Assessable City Sbare Deficiencies City Owned Lots Total City Share Passed. adopted, and approved this 3rd dayofOctober, 1977. Emil Staekis Mayor Tbomas A. Tully Jr. Richard Wertzberger James E. Brady WalterA.Pregler Councilmen RESOLUTION NO. 400.77 Resolution Providing lor the Issuance of Sewer Bonds for the Purpose of Providing lor the payment of the As. sessed Cost 01: West 32nd Street Sanitary Sewer Irom Carter Road wes. terly to J. F. Kennedy Road Whereas tbe contract beretofore en- tered into by tbe City of Dubuque, Iowa, for the improvements bereinafter described bas been completed and tbe 945.28 1,720.03 1,654.24 2,947.20 105,604.54 01 providing for the payment of the as- sessed cost of said improvement and a public hearing bas been held, pursuant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the Cityo!Dubuque: I. That to provide lor tbe payment of the assessed cost of: West 32nd Street Sauitary Sewer from Carter Road wes- terly to J. F. Kennedy Road tbere may be issued Sewer bonds in tbe amount of $100,000.00 in anticipation of the defer- red payment of assessments levied lor such improvement. 2. Such bonds shall be called Sewer bonds: and shall bear the date of Octo- ber I, 1977: and shall be numbered con- secutively: and they shall be numbered, divided into series, and be in such de- nominations and for such maturity dates as are shown in the Iollowing table: SeriesBond Denom. Maturity No. No. 1 1-10 $1,000.00 12-1-78 2 11-20 $1,000.00 12-1-79 3 21-30 $1,000.00 12-1-80 4 31-40 $1,000.00 12-1-81 5 41-50 $1,000.00 12-1-82 6 51-60 $1,000.00 12-1-83 7 61-70 $1,000.00 12-1-84 8 71-80 $1,000.00 12-1-85 9 81-90 $1,000.00 12-1-86 10 91-100 $1,000.00 12-1-87 3. Said bonds sball bear interest at a rate not to exceed seven per cent 17%1 per annum, payable annually in accord- ance with coupons thereto attached: 4. Said honds sball not make the City ofDubuque liable in any way, except for the application of said special assess- ment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No. ---- Series No. CITY OF DUBUQUE Sewer Bond The City 01 Dubuque in tbc State 01 Iowa promises to pay as bereinafter mentioned to the bearer bereof, tbe sum of dollars with interest, tbereon at the rate 01 per cent per anuum, payable annually, on the presentation and surrender of tbe interest coupons hereto attached. Botb principal and in- terest of this bond arc payable at the of- lice of the City Treasurer in tbe City of Dubuque, in the State of Iowa. Tbis bond is issued by the City 01 Dubuque $67,262.00 1,080.00 12,240.00 700.00 225.00 9,268.00 2,700.00 3,105.00 400.00 50.00 20.00 26,760.21 21,073.95 19,593.42 1,904.00 2,977.34 2,242.75 2,905.38 221.40 171.86 $174,900.31 9,361.44 762.70 1,135.26 $186,159.71 105,604.54 Maturity $80,555.17 2,947.20 940.57 '$84,442.94 City Manager has certified the comple- tion tbereoI to tbe City Council, and tbe City Council has ascertained the cost tbereof and has determined tbat $105,604.54 01 tbe cost tbereof shall be assessed against the property subject to assessment tberefor: and Whereas public notice, as provided by law, bas been published by the City Clerk stating the inteution of the City Council to issue bonds for the pnrpose under and by virtue of Chapter 384 of the 1975 Code 01 Iowa, as amended, and the Resolution of said City duly passed on the 3rd day 01 October, 1977, being Resolution No. 400-77. This Bond is one of a series of 100 bonds, all for $1,000.00 numbered from I through 100, all of like tenor and date, and issued lor the purpose of: financing tbe deferred portion of the assessed cost of the construction 01 the West 32nd Street Sanitary Sewer Irom Carter Road westerly to J.F. Kennedy Road, as described in said Resolution, in said Ci- ty, which cost is payable by the abutting and adjacent property along said im- provements and is made by law a Hen on all of said property. It is payable only out of the Sewer Assessment Fund 1311 cre- ated by the collection of said special tax, and said fund can be used for no other pnrpose. It is hereby certified and recited that all the acts, conditions and things re- quired to be done, precedent to and in issuing this series of bonds, have been done, happened, and perIormed, in regular and due form, as required by law and said Resolution, and lor the as- sessment, collection and payment hereon of said special tax, tbe full faith and diligence of said City of Dubuque arc hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caus- ed tbis bond to be signed by its Mayor and countersigned by its City Clerk and the Seal 01 said City to be thereto aI- fixed, this 3rd day of October, 1977. ISEALI Mayor City Clerk (Form of Coupon) On the day of , the City of Dubu- que, Iowa, promises to pay to tbe bear- er, as provided in said bond, tbe sum of Dollars, in the office of the City Treasurer in tbe City of Dubuque, beiug montbs' interest due that date on its BondNo. dated City Clerk 6. Tbat the Mayor and City Clerk be aud they arc hereby instructed to cause said bonds to be prepared and wben so prepared and to execute said bonds and tbat tbe City Treasurer be and be is hereby instructed to register said bonds in a book kept for tbat purpose. ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis, Couucilmcn Brady, Pregler, Tully, Wertzberger. Nays-none. ProoI of Publication, certified to by tbc Publisher, of Notice of Hearing on Resolution 01 Necessity for construc- tion of a 12" Water line on Fremont I Ave. and 16" water line on Cedar Cross Road, presented and read. Couucilman Wcrtzbergcr moved that the prooI of publication be received and filed. Sec- onded by Couucilman Tnlly. Carried by the Iollowingvote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. (Necessity for Improvement) RESOLUTION NO. 388.77 WHEREAS, proposed plans. speci- fications, and form 01 contract bave beeu duly prepared aud approved by the City Council 01 tbe City of Dubuque, Iowa, and arc now on file in tbe office 01 tbe City Clerk sbowing among other things the following: III The plan of such improvement 121 An estimate of the cost of tbe im- provement for the iustallation 01 a 12" water liue on Fremont Avenue and a 16" water line on Cedar Cross Road. Regular Session, October3, 1977 517 EmilStackis Mayor Tbomas A. Tully Jr. Richard Wertzbcrger James E. Brady Walter A. Pregler Councilmen pose of hearing all interested parties and considering any and all objections wbich have been filed to tbe propòsed plans, speciIications or contract lor or cost of the improvement herein describ- ed and proposed to be made: and WHEREAS, all interested parties bave 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 ob- jections which have bceu made and filed to the plaus, specifications, con- tract for or cost of said improvement berein described and proposed to be made, be and the same hereby overru- led and such plans, specifications and form of contract heretoIore approved are bereby adopted. BE IT FURTHER RESOLVED that this resolution containing tbe decision of this Council upon all objections which have been filed to the plans, specifica- tions and Iorm of cost said improve- ment be made a matter of permanent record in connection with said improve- ment. Passed, adopted, and approved tbis 3rd day ofOctober, 1977. Emil Stackis Mayor TbomasA.TullyJr. Richard W ertzberger James E. Brady WalterA.Pregler Councilmen 516 RegularSession,October3,1977 7. That tbe City Treasurer is bercby BE IT THEREFORE RESOLVED instructed to sell said bonds in tbe man- that tbe City Council ou its own motion, uer provided by law, the proceeds of deems it advisable and necessary for said sale to be placed in a special fund to the public wellare to make tbc berein be known as Fund 1311 and paid out by mentioned improvement, and unless him the cost 01 said contract. property owners at tbe time of the Iinal 8. Tbat the interest coupons attacbed consideratiou of this proposed resolu- to the bonds be signed with the facsi- tiou have on file with the City Clerk, ob- mile signature of the Mayor and coun- jcctions to the amount of the cost of the tcrsigned witb the facsimile signature improvement, they shall be deemed to 01 tbe City Clerk. have waived all objections thereto. 9. That as fast as funds allow, begin- Said improvement shall be construct- ning with tbe second year after tbc pay- ed and done in accordance with tbe meutof interest due, tbese bonds shall plans and specifications which have be called and retired in the same order been approved by the City Council are as numbered. now ou file with tbe City Clerk. Tbat 10. Notice of election to call these the cost and expense of makiog said im- bonds sball be given by regular U,S. provement will be paid from Water De- Mail addressed to the last knowu ad- partmcnt's Improvement Fund. dress oftbe purcbaser. The above resolution was introduced, Passed, adopted, and approved this approved and ordered placed on file 3rd day ofOctober, 1977. with the City Clerk this 19th day 01 Emil Stackis September, 1977. Mayor RECORD OF FINAL ADOPTION Thomas A. Tully Jr. Tbc foregoing resolutiou was finally Ricbard W crtzberger passed and adopted, as proposed. by James E. Brady the City Council this 3rd day 01 Walter A. Pregler October. 1977. Councilmen ATTEST: LcoF.Frommelt' City Clerk Councilman Wertzberger moved final adoption of tbe Resolution. Sec- onded by Couucilman Tully. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Decision of Council upon objec- lions to plans, specifications, form of contract and cosl of Improvements, RESOLUTION NO. 401.77 WHEREAS, proposed plans and spe- cifications and form 01 contract for the installation of a 12" water liue ou Fre- mont Avenue and a 16" water line on Cedar Cross Road have been approved by tbe City Council 01 the City of Du- buque and public notice given as provid- ed by Section 384 of tbe Code of Iowa, 1977, pertaining to public coutracts and bonds, aud tbe time and place fixed lor tbe hearing of all objections to said plans, spcciIications or contract for or cost of sucb improvements, said time beingtbis 3rd day ofOctober.1977:and WHEREAS, tbc City Council met in regular session tbis 3rd day of October, 1977, at 7:30 o'clock P.M. at the Council Cbambers in the City Hall for the pur- ATTEST: LeoF.Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilmau Tully. Carried by the 101- lowing vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, W ertzberger. Nays-none. (Ordering Construction) RESOLUTION NO. 402.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution 01 Necessity No. 388-77 which was duly passed by tbis Council for the installa- tiou of a 12" water line on Fremont Avenue and a 16" water line on Cedar Cross Road be and the same are bcreby ordered and constructed hy this Council upon its own motion and witb or witb- out tbe petition 01 property owners. All tbe work shall be constructed in accord- ance with tbe plans and specifications heretoIore adopted aud now ou file in tbe office of tbe City Clerk. BE IT FURTHER RESOLVED that the cost and expense 01 the said im- provement be paid from tbe Water Works Improvement Fund. BE IT FURTHER RESOLVED that tbis resolution being deemed urgent and 'of immediate necessity sball be in force and efIect Irom and after its pas- sage aud adoption by the City Council. Passed, adopted, and approved tbis 3rd day ofOctober, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Ricbard Wertzberger James E. Brady Walter A. Pregler Councilmeu ATTEST: Leo F. Frommelt City Clerk Councilman Wertzbergcr moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear ing on Resolution 01 Necessity for the Replacement 01 Windows in City Hall, presented and read. Councilman Preg- ler moved tbat the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Preg- ler, Wertzberger. Nays-Councilman Brady. Abstain-Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 377-77 WHEREAS. proposed plans, specifi- cations, and form of contract bave been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the oIIice of the City Clerk sbowing among otber tbings tbe following: III The plan of such improvemcut. 121 An estimate of tbe cost of the im- provement for tbe replacement of windows in City Hall. I3tb & Central Avenue, Dubuque. Iowa BE IT THEREFORE RESOLVED tbat the City Council on its own motion, deems it advisable and necessary for the public welfare to make tbe berein mentioned improvement, and unless property owners at the time of the fiual cousidcration of this proposed resoln- tion bave on file with the City Clerk, ob- jections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement sball be coustruct- ed and done in accordance with the 518 Regular Session, October 3, 1977 519 Regular Session, October 3, 1977 tions which have been made and Iiled to the plaus, specifications, contract for or cost 01 said improvement bercin describ- ed and proposed to be made, be and the same bereby overruled and such plans, specifications and form of contract here- tofore approved are hereby adopted. BE IT FURTHER RESOLVED tbat this resolution containing the decision of this Council upon all objections wbicb bave beeu Iiled to the plans, specifica- tious and form of cost said improvemeut be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 3rd day ofOctober, 1977. Emil Stackis Mayor Richard Wertzbcrgcr WaltcrA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Wertzbergcr. Nays-Councilman Brady. Abstain-Councilman Tully. Proof of Publication certified to by the Publisher, of Notice of Public Hear- iug on Resolution of Necessity lor con- struction of Seventeenth Street Storm Sewer, presented and read. Councilman Wertzbergcr moved that the proof 01 publication be received and Iiled. Sec- onded by Mayor Stackis. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstaiu-Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 380.77 WHEREAS, proposed plans, specifi- cations, and Iorm of contract have beeu duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on Iile in the office of tbe City Clerk showing amoug other things the following: (J)Tbe plan of such improvement 12) An estimate 01 the cost of the im- provement for the construction of tbe Seventeenth Street Storm Sewer. BE IT THEREFORE RESOLVED that the City Council on its owu motion, deems it advisable and necesary for tbe public welfare to make the berein meu- tioned improvement, and unless proper- ty owners at the time of the final consid- eration of tbis proposed resolution have on Iile witb tbe City Clerk, objections to tbe amount of the cost 01 the improve- ment, they shall be deemed to have waived all objections tbereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on Iile with tbe City Clerk. That tbe cost and expense of making said improvemeut will be paid Irom the Local Public Work, Fund 51. The above resolution was introduced, approved and ordered placed on Iile with the City Clerk this 19tb day of September, 1977. RECORD OF FINALADOPTION The foregoing resolution was fiually "'passed and adopted, as proposed. by tbe City Council tbis 3rd day of Oc- tober, 1977. plans and specifications wbicb have been approved by tbe, City Council are now on file with tbe City Clerk. That tbe cost and expense of making said im- provement will be paid Irom tbe Local Public Works Fund 51. Tbe above resolution was introduced, approved and ordered placed on Iile witb the City Clerk this 19th day of September, 1977. RECORD OF FINAL ADOPTION Tbe foregoing resolution was fiually passed and adopted, as proposed, by the City Council this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved finai adoptiou 01 the Resolution. Seconded by f:~~o~;:~~g;;o~:;zberger. Carried by I Yeas-Mayor Stackis, Councilmen Preg- ler, Wertzberger. Nays-Councilman Brady. Abstain-Councilman Tully. Decision of Council upon objec- lions to pians, specifications, form of contract and cost of improvements RESOLUTION NO. 403-77 WHEREAS, proposed plans and spe- cifications and Iorm of contract for the Replacement of wiudows in City Hall, 13th & Central A venue, Dubuque, Iowa have been approved by the City Council of tbe City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977, pertaining to public coutracts and bonds, and tbe time and place fixed for the hearing of all objec- tions to said plans, specificatious or con- tract for or cost of such improvements, said time being tbis 3rd day of October, 1977:aud WHEREAS, tbe City Council met in regular session this 3rd day of October, 1977, at 7:30 o'clock P.M. at tbe Council Chambers in tbe City Hall for the pur- pose of hearing all iuterested parties and considering any aud all objectious which bave been Iiled to the proposed plans, specifications or contract lor or cost of tbe improvement berein described and proposed to be made: and WHEREAS. all interested parties have been given an opportunity to be beard and all objections wbich have been duly weighed and considered: uow, thereIore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, tbat all objec- ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- mau W ertzberger. Carried by the follow- wing vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Wertzberger. Nays-Councilman Brady. Abstain-Councilman Tully. (Ordering Construction) RESOLUTION NO.404.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE THAT pursuant to a Resolution 01 Necessity No. 377-77 which was duly passed by this Couucil for tbe Replace- ment of windows in City Hall, 13th & Central A venue, Dubuque, Iowa be and the same are bereby ordered and con- structed by tbis Council upon its own motion and with or without tbe petition of property owners. All tbe work sball be constructed in accordance with the plans and specifications heretoIore adopted and now on Iile in the office 01 tbe City Clerk. BE IT FURTHER RESOLVED that the cost and cxpeuse of the said im- provement be paid Irom the Local Public Works Fund 51. BE IT FURTHER RESOLVED that tbis resolution being deemed urgent and of immediate necessity shall be in force aud effect from and after its pas- sage aud adoption by the City Council. Passed, adopted, aud approved this 3rd day ofOctober, 1977. EmilStackis Mayor Ricbard Wertzberger WalterA.Pregler Councilmen Passed, adopted, and approved this 3rd day ofOctober, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Councilmen ATTEST: LeoF. Frommelt City Clerk Councilman Wertzberger moved fi- nal adoption of the Resolution. Second- ed by Mayor Stackis. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilmau Tully. Decision of Council upon objec- tions to plans, speciflcalions, form of contract and cost of improvements. RESOLUTION NO. 405.77 WHEREAS, proposed plans and spe- cifications and Iorm of coutract for the constructiou 01 the Seventeentb Street Storm Sewer bave been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of tbe Code of Iowa, 1977, pertaining to public contracts and bonds, and tbe time and place fixed for the bearing of all objec- tions to said plans, specifications or cou- tract for or cost of sucb improvemcuts, said time being tbis 3rd day of October, 1977: and WHEREAS, tbe City Council met in regular session this 3rd day 01 October. 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose 01 hearing all interested parties and considering any and all objections which have been Iiled to tbe proposed plans, specifications or contract for or cost of tbe improvement hereiu describ- ed and proposed to be made: and WHEREAS, all interested parties have been given an opportunity to be heard and all objections wbicb bave been duly weigbed and considered: now, tberefore BE IT RESOLVED by the City Coun- cil 01 tbe City of Dubuque, that all ob- jections whicb have been made and Iiled to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and tbe same hereby overrul- ed and such plans, specifications and Iorm of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that tbis resolution contaiuing the decision of tbis Couucil upon all objections whicb have been Iiled to the plans, specifica- tions arid form of cost said improve- Regular Session, October3, 1977 521 520 Regular Session, October 3, 1977 ment be made a matter of permanent record in connection witb said improve- ment. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Ricbard Wertzberger JamesE.Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoptiou of the Resolution. Secouded by Mayor Stackis. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. (Ordering Construction) RESOLUTION NO. 406.77 BE IT RESOLVED BY THE CITY COUNCII, OF THE CITY OF DUBU- QUE THAT pursuant to a Resolution of Necessity No. 380-77 whicb was duly passed by this Council for the construc- tion of the Seventeenth Street Storm Sewer be and the same are hereby ordered and constructed by this Council upon its own motion aud witb or with- out the petition of property owners. All tbe work shall be constructed in accord- ance with the plaus and speciIications heretofore adopted and now on file in the office of tbe City Clerk. BE IT FURTHER RESOLVED that tbe cost and expense of the said im- provement be paid from tbe Local Works Fund 51. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Coun- cil. Passed, adopted, and approved this 3rd day ofOctober, 1977. Emil Stackis Mayor Ricbard W ertzberger James E. Brady WalterA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman W crtzberger moved adoption of tbe Resolutiou. Secouded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Staclds, Councilmen nrady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. Proof of Publication, certified to by tbe Publisber, of Notice of Pendency of Resolution of Necessity for reconstruc- tion 01 Flora Park Tennis Courts, pre- sented and read. Councilman Pregler moved tbat the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 374.77 WHEREAS, proposed plans, specifi- cations, aud form of contract have been duly prepared and approved by tbe City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showiug among other tbings the Iollowing: III The plan of such improvement 121 An estimate of tbe cost of the im- provement for tbe reconstruction of tbe Flora Park Tennis Courts. BE IT THEREFORE RESOLVED that the City Council on its own motiou, deems it advisable and necesary for the public welIare to make the herein men- tioned improvclfient, and unless proper- ty owners at tbe time of the final consid- eration of this proposed resolution have on file with tbe City Clerk, objections to the amount of tbe cost of tbe improve- ment. tbey shall be deemed to have waived all objections tbereto, Said improvement shall be construct- ed aud done in accordance with the plans and specifications wbicb have been approved by tbe City Council and are now ou file with tbe City Clerk. That tbe cost and expense of making said improvement will be paid from tbe Local Public Works Fund 51. Tbe above resolution was introduced, approved and ordered placed on file witb tbe City Clerk this 19th day of September. 1977. RECORD OF FINAL ADOPTION Tbe Ioregoing resolutiou was finally passed aud adopted, as proposed, by the City Council this 3rd day of Oc- tober, 1977. Passed, adopted, aud approved this 3rd day of October, 1977. Emil Stackis Mayor Ricbard W ertzberger JamcsE.Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilmau Pregler moved final adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. , Nays-none. Abstain-Councilman Tully. Decision of Council upon objec- lions to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 407.77 WHEREAS, proposed plans and spe-- ciIications and Iorm of contract for the reconstruction 01 the Flora Park Tenuis Courts have been approved by the City Council of tbe City of Dubuque and public notice given as provided by Cbaptcr 384 of the Code of Iowa, 1977, pertaining to public contracts and bouds, and the time and place Iixcd for the bearing of all objections to said plans, specifications or coutract for or cost of sucb improvements, said time I being tbis 3rd day ofOctober, 1977: and WHEREAS, the City Council met in regular session this 3rd day of October, 1977, at 7:30 o'clock P.M. at the Council Chambers in tbe City Hall for the pur-- pose of hearing all interested parties and considering any and all objections whicb bave been filed to the proposed plans, specifications or contract for or cost of the improvemeut herein describ- ed and proposed to be made: and WHEREAS, all interested parties have been given an opportunity to be heard and all objections whicb bave beeo duly weigbed and considered: now, therefore BE IT RESOLVED by tbe City Coun-- cil of the City of Dubuque, that all objections whicb have been made and filed to the plaus, specifications, con- tract for or cost 01 said improvement herein described aud proposed to be made, be and the same hereby overrul- ed and sucb plans, specifications and form of contract heretofore approved are bereby adopted. BE IT FURTHER RESOLVED tbat this resolution containing tbe decision of this Council upon all objections which bave heen filed to the plans, speciIica-- 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 3rd day ofOctober, 1977. Emil Stackis Mayor Richard Wertzbcrger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council-- man Wertzberger. Carried by tbe followwing vote: Yeas-Mayor Stackis, Councilmen Brady Pregler, Wertzberger. Nays-noue-- Abstain-Councilman Tully. (Ordering Construction) RESOLUTION NO. 408.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolutiou of Necessity No. 374-77 which was duly passed by this Council for tbe recon- struction of the Flora Park Tennis Courts be and the same are hereby ordered aud constructed by tbis Council upon its own motion and witb or without tbe pe- tition of property owners, All the work shall be constructed in accordance with the plans and speciIications heretofore adopted and now on file in the office of the City Clerk, BE IT FURTHER RESOLVED tbat tbe cost and expense of the said im- provement be paid from tbe Local Pub- lic Works Fund 51. BE IT FURTHER RESOLVED tbat this resolutiou being deemed urgeut and of IMMlèDIA TE NECESSITY shall be in force and eflect from and after its passage and adoption by the City Coun- cil. Passed, adopted, and approved this 3rd day ofOctober, 1977. Emil Stackis Mayor Richard Wertzbergcr JamesE.Brady Walter A. Pregler Councilmen ATTEST: I,eo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded hy Council- man Wertzberger. Carried by tbe fol- lowiug vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. Application for Annexation of prop- erty owned by Raymond A. & nertha H. Ney of Lot I of2 of Mineral Lot 500: Lots 3. 4, 5and Lot 1 ofLot6 of the Sub. of Lots 1 and 2 of the Sub. of Lot 13. 01 Miueral Lot 501 all in Township 88 Nortb. Rauge 2 East 01 the 5tb P.M" prescuted and read. Councilman W...tzberger moved that tbe annexation be approved. Seconded RegularSession, October 3, 1977 Regular Session, October3, 1977 523 522 prepared and approved by the City Council of the City of Duhuque and are now on file in the office 01 the City Clerk showing among other things the following: I. An estimate of the cost of the pro- posed improvement lor the expansion of City of Dubuque Muuicipal Garage -11th and Kerper. BE IT THEREFORE RESOLVED that the City Couucil on its own motion or upon petition nf property owners, deems it advisable and necessary for the public welfare to make the herein- mentioned improvement, and unless property owners at tbe time of the final con,ideration of this proposed resolu- tion have on file with tbe City Clerk ob- jections to the amount of the cost of im- provemeut, they shall be deemed to have waived all objections thereto, Said improvement sball be construct- ed and done in accordance with the plans and specifications which have been duly prepared therefore by the City Engineer which have been approv- ed hy the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from tbe Local Public Works Funds, The above resolution was introduced. approved, and ordered placed on file witb tbe City Clerk this 3rd day of Octo- ber, 1977. Approved and placed on file for final action. APPROVIèD: EmilStackis Mayor Richard Wertzberge,' JamesE.Brady Waite,' A. Pregler Couucilmen Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor ThomasA. Tully Jr. Richard Wertzberger JamesE.Bràdy Walter A. Pregler Councilmen by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wcrtzherger. Nays-none. tion 28. T89N. R2E of the 5th Principal Meridian in Dubuque County, Iowa. according to the recorded plat thereof. (The property to be anuexcd is as shown on the plat marked Exhihit "A" attached hereto, and by tbis reference made a part hereof, the boundaries of said area being outlined in red thereon.! The territory hereby annexed shall become and be part of the Nineteenth Voting precinet of the City of Dubuque, Iowa. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor ThomasA. TullyJ<-. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen RESOLUTION NO. 409.77 WHEREAS the owuers of an area ap- proximately 1.02 acres in size lyiug soutb of the main portion of the City 01 Dubuque, Iowa and immediately conti- guous to and west of, that portion of the city limits identified as Rockdale Road, uow voluntarily petition the City Coun- cil for annexation of their property to tbe City ofDubuquc. Iowa: and WHEREAS the inbabitauts of said territory will be euabled to secure the benefits of city governmeut if said prop- erty is incorporated within the limits of the City of Dubuque, Iowa. to wit, the benefits 01 police and fire protection. and tbe securing of water and other mu- nicipal services: WHEREAS Chapter 368 of the Code of Iowa, as amended, authorizes tbc ex- tension of city limits under such circum- stances by adoption of a Resolution therefor: and ATTEST: Leo F. Frommelt City Clerk Councilman W ertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wcrtzberger. Nays-none. Application lor annexation by Thom- as A. Luksetich and Eleanor J. Rafoth of Lot l-I-l,Lot2-I-2-1-I. and I,ot 1-1-2- 1-1 of Clin-Que Inc. Addn., presented and read. Councilman Wertzberger moved that the annexation be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbergcr. Nays-none. RESOLUTION ANNEXING CERTAIN TERRITORY NO.410.77 WHEREAS, the owners of an area approximately 8.9 acres in size immedi- ately adjoining the westerly city limits of the City of Dubuque, Iowa now volun- tarily petition tbe City Council for an- nexation of their property to the City 01 Dubuque. Iowa WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government iu the way of police and fire protection if said terri- tory is incorporated within the city lim- its of the City of Dubuque, Iowa: and WHERIèAS, the inhabitants of said territory will be enabled to secure wat- er, and other municipal services if terri- tory is incorporated within the city lim- its of the City o!Dubuque, Iowa: and WHEREAS, Section 362.30 Code of Iowa, authorizes tbe extension of city limits in situations of this cbaracter by the adoption 01 a resolution tberefore: and NOW, tbereIorc, be it resolved by the City Council of the City ofDubuquc, Iowa, tbat tbc territorial limits of the City of Dubuque. Iowa be and they are hereby extended to include the area comprising the following described real estate: LotI of 1 ofl.LotIoflof20fl of 1 and Lot 2 oIl of 2 of 1 oIl 01 Clin-Que, Iuc. Addition in Sec- ATTEST: LeoF.Frommelt City Clerk Councilman Wertz be"gel' moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. WHEREAS the future growth. or- derly development and preservation of the public health 01 the City of Du- buque, Iowa makes it imperative that said premises be made a part of the City of Dubuque, Iowa: NOW THEREFORE BE IT RE- SOLVIèD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA AS FOLLOWS: September 28.1977 To the Honorable Mayor and City Council I hereby submit the plans and specifi- cations for the expansion of City 01 Du- buque Municipal Garage - 11th and Kerper. GilbertD. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and fil- ed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Wertzbergcr. Nays-none, Abstain-Councilman Tully. RESOLUTION NO. 411-77 Approval of Preliminary Estimate, plans & specs. for expansion of City of Dubuque Municipal Garage in estimat- ed amount of $241.670., presented and read. Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Wertzberger. Nays-uone. Abstain-Councilman Tully, (Necessity for Improvement) RESOLUTION NO.412.77 WlmREAS, proposed plans, specifi- cations, form of contract have bceu dnly Section 1. Tbat the territorial limits 01 the City of Dubuque, Iowa be, and they hereby are, extended to iuclude the area comprised 01 the Iollowing de- scribed real estate: Lot 1 of Lot 2 01 Mineral Lot 500: Lots 3, 4, 5. and Lot I of Lot 6. of the Subdivision 01 Lots 1 and 2 of the Subdivision 01 Lot 13, 01 Min- eraI Lot 501: all iu Township 88 North, Range 2 East of tbe 5th P.M., Duhuque County, Iowa, ac- cordiug to the recorded plats thereof. ISaid property being shown upon the plat attached bereto, marked Exbibit "A" and by this reIercnce made a part hereof, the boundaries of which being ontlined in red thereon.! ATTEST: LeoF.Frommclt City Clerk Councilman W ertzbcrger moved ap- proval of the Hesolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Wertzhergcr. Nays-none. Abstain-Couucilman Tully. (Fixing Date of Hearing) RESOLUTION NO. 413.77 WHEREAS. the City Council of the City of Dubuque, Iowa bas given its prc- limiuary approval of the proposed plans, specifications. and form of con- tract and placed same on Iile iu the of- fice of the City Clerk for public inspec- tion lor the expansion 01 City of Dubu- que Municipal Garage - Il1b and Ker- per. Section 2. That the premises berciu annexed shall become part 01 the Twen- ty-Iourth voting precinct in the City of Dubuque, Iowa. Regular Session, October 3, 1977 525 Regular Session, October 3,1977 524 Councilman Wertzberger moved that tbe communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 417.77 WHEREAS, tbe City of Dubuque bas applied to tbe Federal Highway Admiu- istration and the Iowa Department of Transportation for funding for the pro- posed widening of Kenuedy Road Irom Highway #20 to Asbury Road, and WHEREAS, tbe Federal Higbway Administration and the Iowa Depart mcnt 01 Transportatiou have reviewed tbe request and consider the project to be a nonmajor action with significant right of way purchase, and WHEREAS, it is required that a Loca- tion and Design Public Hearing be held on the project. NOW, THEREFORE, be it resolved by the City Council 01 the City 01 Du- buque, Iowa, that the City Clerk publish notice of snch heariug as shown on the attacbed "Ex hi hit A". Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen liminary approval on the proposed plans, speciIications, and form 01 contract and placed same on file in the of lice of the City Clerk for public inspection for tbe Scbmitt Harbor Municipal Boat Ramp Widening and Parkiug Lot. BE IT THEREFORE RESOLVED that ou the 17th day of October, 1977, a public hearing will be at 7:30 p.m. in the Council Cbamber 01 the City o!Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the proposed plaos and specifications, form of contract and cost 01 said improvement, and tbe City Clerk be and he is hereby directed to cause a notice of time and place of such bearing to be published in some newspa- per published in the City of Dnbuque. Iowa which shall be not less than four days nor more than twenty days prior to the day Iixed for its consideration, and the City Clerk be and he is hereby direct- ed to have published the notice of pen- dency for said improvement, aod the City Clerk is hereby directed to adver- tise for proposals to the contractors for the coostroction 01 the above mentioned improvement. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Couucilmen Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmeu Brady, Pregler. Wertzberger. Nays-none. Abstain-Councilman Tully. (Necessity for Improvement) RESOLUTION NO. 415.77 WHEREAS, proposed plans, speciIi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in tbe office of the City Clerk showing among other things the following: III The plan 01 sucb improvement 121 An estimate of the cost 01 the improvemcut for the Schmitt Harbor Muuicipal Boat Ramp Widening and Parking Lot. BE IT THEREFORE RESOLVED that tbe City Council on its own motion, deems it advisable and ueccssary for tbe public wclIare to make tbe herein men- tioned improvement, and unless pro- perty owners at the time of the Iinal con- sideration of tbis proposed resolution have on file with the City Clerk, object- ions to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvements shall be construct- ed and done in accordance witb the plans and speciIications which have been ap- proved by the City Couucil and arc uow on file with the City Clerk. That tbe cost and expense of making said improve- ment will be paid from Local Public Works Fund. The above resolution was introduced, approved and ordered placed on file witb the City Clerk this 3rd day of October. 1977. Approved and placed ou file lor final action. BE IT THEREFORE RESOLVED that on tbe 17th day of October, 1977, a public hearing will be held at 7:30 P.M. in tbc Council Cbamber of tbe City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the propos- ed plans and speciIications and propos- ed Iorm of contract, to the cost of the improvement and the City Clerk be aud he is bereby directed to cause a notice of tbe time and place of sucb hearing to be published in some newspaper pub- lisbed iu the City 01 Dubuque which shall be not less than four 141 nor more than twentyl20l days prior to the day fixed lor its consideration, and said Clerk is further instructed to advertise for proposals for the coustruction of the aforementioned improvement. Passed, adopted, and approved this 3rd day o!October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo 1'. Frommelt City Clerk Councilman Wertzberger moved adoptiou 01 the Resolutiou. Seconded by Couucilman Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Wertzbergcr. Nays-none. Abstain-Councilman Tully. September 15, 1977 To the Honorable Mayor audCityCouncil Enclosed are tbe preliminary plans, specifications and estimate lor tbe Scbmitt Harbor Municipal Boat Ramp Widening and Parking Lot. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved tbat tbe communication be received and fil- ed. Seconded by Councilman Pregler. Carried by the Iollowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler. Wertzberger. Nays-none. Abstain-Councilman Tully. ATTEST: Leo 1'. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolutiou. Seconded by Councilman Pregler. Carried by the fol- lowiug vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzbergcr. Nays-none. Abstain-Councilman Tully. September 28, 1977 To the Honorable Mayor and City Council We are at tbe present time working with the Federal Highway Admiuistra- tion for 70% funding of tbe Kennedy Road widening project Irom Highway #20 to Asbury. It is a requirement of tbe FHW A that on projects where a major right of way acquisition is needed that a public hear- ing be held to discuss tbe location and design of the proposed project. The attached resolutiou and form of uotice authorize tbe City Clerk to publisb notice of the hearing to be held at a special meeting of the City Council. Gilbert D. Chavenellc City Manager ATTES1': Leo F. Frommelt City Clerk NOTICE FOR LOCATION AND DESIGN PUBLIC HEARING All interested persons arc advised that a Federal Aid to Urban Systems street improvement is beiug plauncd by tbe City of Dubuque for John F. Ken- nedy Road from Higbway #20 to Asbury Road, and Wacker Drive. The proposed project would widen Kenuedy Road to a four lane facility witb a sixteen foot wide raised center median. The median would be narrowed to allow left turn storage areas at intersections and major driveways only. The project would require the taking of an additional twelve feet of right of way on both sides 01 Kennedy Road and Wacker Drive. The construction would be accomp- lished in two stages. The first stage would he from Pennsylvania to Asbury, to be constructed in mid-I978: the second stage would be from Highway #20 to Pennsylvania. to be constructed in mid-1979. The right of way acquisition schedule and relocation assistance pro- grams will be discussed at tbe hearing. APPROVED: Emil Stackis Mayor Ricbard Wcrtzbergcr James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved ap- proval of the Resolution. Seconded by Councilman Pregler. Carried by the 101- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. (FIXING DATE OF HEARING) RESOLUTION NO. 416.77 WHEREAS. the City Council of the City ofDuhuque, Iowa. bas given its pre- RESOLUTION NO. 414.77 Approval of preliminary estimate plans, specs. and form of contract for Schmitt Harbor Municipal Boat Ramp widcuing aud parkiug lot estimate, in the amount of $39,299.55, presented and read. Councilman Wertzbergcr moved adoption of the Resolution. Seconded by application and recommendation by the MAYOR'S INDUSTRIAL COMMIT- TEE and finds that the sale of said real estate should be approved: and WHEREAS, said real estate sought to be purchased by Dubuque ELEC- TRIC MOTOR SERVICE, INC. is de- scribed and known as: ' Lot 2 of Lot 4 of Block 1 in River Front Subdivision No.5 in the City of Dnbuque, Iowa, containing 1.19 acres more or less NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: ATTF;ST: Leo F. Frommelt City Clerk Councilman Wert,berger moved adoption of the Resolution. Seconded by Councilman P,'egler. Carried by the fol- 10winR vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert, bergeI'. Nays-none, RESOLUTION NO. 419.77 WHEREAS, nominatin papers of various candidates for election to the City Council 01 the City of Dubuque, Iowa, have been filed with the Clerk: and WHEREAS. it appears that the num- ber of such candidates so filing is sucb that a primary election will be required; NOW THEREFORE BE IT RE- SOl~VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Commissioner 01 Elections be and he is berehy notified and advised that the followi~g named have qualified by filiug their nomination papers for electioo to the City Coun<:il of the City of Dubuque, Iowa: James E. Brady Donald E. Deich Sr. Carolyn Farrell BVM DaÚd Michael King Denuis Ouderkirk Walter A. Pregler Emil Stackis Anne Westemeyer Section 2. That a prim'u'y election should be held in accordance with the laws of the State of Iowa and the Com- missioner of Elections is requested to take the neeessary steps for (he prepare lion oj bailots I"" the nominalwo of can didates for the election to be held to fill. by reason of expiring terms, the Council seats 01 three City Councilmen of the City of Dubuque. Iowa. and forthc filling of one seat on the Park Hoard of the City of Dubuque. Iowa. 526 Regular Session, October 3, 1977 Regular Session, October3, 1977 527 The project concept statement, pre- liminary plans, and other information regarding this project is available fori public inspection and study at the office of tbe City Engineer, City Hall, Du- buque, Iowa. The Federal Highway Administration and the Highway Division of tbe Depart- ment of Transportation bave declared this project a "non-major action type II with significant rights of way needed" in accordance with the Iowa Action Plan. Any interested persons arc hereby invited to attend a public hearing at 7:30 p.m. on the 10th day of November, 1977 in the City Council Chambers, City Hall, to make their views known with regard to the possible social, economic and envi- ronmental effects 01 the proposed pro- ject. All appropriate public input pre- sented at tbis bearing will be included and responded to in the final Location and Design Study Report. Written statements and other cxbib- its in place of or in addition to oral state- ments will be accepted at tbe office of the City Clerk, City Hall, Dubuque, Iowa, until November 21, 1977. Leo F. Frommelt Clerk of City of 2110/10,11/3 Dubuque, Iowa. Councilman Pregler moved tbat the StaIf be authorized to conduct Hearing. Secouded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Councilmen Pregler, Wertzbcrger, Nays-Mayor Stackis, Couucilmen Brady, Tully. MOTION FAILED. Councilman W ert,berger moved adoption of tbe Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbcrger. Nays-nouc. RESOLUTION NO. 418.77 WHEREAS, the MAYOR'S INDUS- TRIAL COMMITTEE, composed of Em- ilStackis, Mayor, WilliamP. Woodward. Chairman of the Board of Dock Commis- siouers, aud Robert E. Dorothy, Direc- tor of Dubuque Area Industrial Develop- ment Corporation, recommended to the City Couucil of the City of Dubuque, Iowa, on the IBtb day 01 September, 1977, that the application to purcbasc certain City-owned real estate by DU- BUQUE ELECTRIC MOTOR SERV- ICE, INC. for the purpose of erectiug a building tbereon of approximately 8,000 square feet for tbeir business purposes: and WHEREAS. City Council of the City 01 Dubuque, Iowa has examined said iugress aud egress to repair, inspect and maintain the same. 6. Seller sball furnish abstract of title and conveyance shall be by Quit Claim Deed. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of in- terest in real estate as is by law required, Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr, Richard Wertzberger James E. Brady Waite" A. Pregler Councilmen Section 1. That the application of DUBUQUE ELECTRIC MOTOR SERV- ICE, INC. to purchase a parcel 01 City- owned real estate in the City of Dubuqoe, which real estate is described and known as: Lot 2 of Lot 4 of Block 1 in River Front Subdivision No.5 in the City of Dubuque, Iowa, containing 1.19 acres more or less be aud the same is bereby approved upon tbe following terms and conditions: 1. That the said real estate be sold to Dubuque Electric Motor Service, Inc. for the construction and erection of a building tber,eon of approximately 8,000 square Ieet for their busiuess purposes. 2. That tbe sale price for said real estate shall be $24,423.77 for the total pur- chase price, with ten 110%1 percent thereof, or $2,500.00 being paid as dowu payment, receipt whereoI is hereby acknowledged by tbe City. 3. Tbat construction of said building sball be commenced withiu one (II year from date 01 delivery of deed and tbe passage of this Resolution and shall be completed within twenty- lour 1241 months of delivery of deed and upon failure so to do or failure to make improvements to the land with- in eighteen (181 months by Dubuque Electric Motor Service, Inc., purchas- er, then said real estate sball automa- tically revert to the City of Dubuque, Iowa and purchase price, less damage, sball be refunded to the pur- chaser. 4. That tbe construction 01 all buildiugs, yards, parkiug lots, fences and ancil- lary improvements shall be con- structed in couformancc with City codes, and maoufadoring proce"" carried out in accord witb city ordi- nances. 5. Tbat tbe City of Dubuque, Iowa retains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with rigbt 01 Passed, adopted, and approved this 3rd day of September, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzhergcr James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the follow- ing vote: Yeas-Mayor Stackis. Cooncilmen Brady, Pregler, Tully, Wertzbergcr. Nays-none, September 27,1977 Honorable Mayor and City Council The City 01 Duhuque Planning and Zoning Commission h., approved the final plat of the Subdivision of Lot 1 of Lot 1 ofLot20fLoti of Lot 1 of LotI of Lot 2 of Mineral Lot 220, in Section 34. Dubuque Towuship, Dubuque County, Iowa. The property is located outside of the corporate limits of the City of Dubu- que bot within the subdivision jorisdic- tion, The plat proposes to subdivide a par- cel within a Light Industriai zoning dis- trict, to create a lot of approximately 1/2 acre and coutaining an existing one story metal building, The purpose of the plat is for transfer of ownersbip of the smaller lot containing the existing build- ing. The Planning and Zoning Commission recommends your endorsement of the plat as submitted. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman We,.tzberger moved that the communication he ,'eceived and filed. Sr'cund,d by Counr'ilrmn Tuli), CuTicd by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. , RESOLUTION NO. 420.77 RESOLUTION Approving Plat of the Subdivision of Lol1 01 Lol1 01 Lot 2 01 Lot1 01 Lot 1 0lLof1 of Lot201 Mineral Lot 220 in Secllon 34. Township 89 North, Range 2 Easl of 5th Principal Meridian, being In Dubuque Township, Dubuque County, Iowa WHEREAS there has hecn filed with the City Clerk a platin which Lot 1 of Lot 1 of Lot 2 of Lot 1 Lot 1 of Lot 1 ofLot2 of Mineral Lot 220 in Section 34, Township 528 Regular Session, October 3, 1977 Regular Session, October3, 1977 529 89 Nortb. Hange 2 East of 5th Priucipal Meridian. being in Dubuque Township, Dubuque County. iowa is platted as: Lot 1 01 the Subdivision of Lot 1 of Lot I ofLot20fLot 1 ofI,ot 1 of Lot 1 of Lot 2 of Mineral Lot 220. Section 34, Township 89 North, Range 2 East of the 5tb Principal Meridian; and Lot 2 of the Subdivision of Lot 1 ofLot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 ofLot2ofMincr- al Lot 220 in Section 34, Townsbip 89 North, Range 2 East of 5th Principal Meridian, each being in Dubuque Town- ship, Dubuque County, Iowa, and. WHEREAS said plat has hecn exam- ined by tbe City Plan Commission and had its approval endorsed thereon: aud, WHEREAS said plat has been exam- ined by the City Council and tbey fiod the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A. Section 1. That the above descdbed plat be and the same is hereby approved and the Mayor and'Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed. adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Hicbard Wertzberger James E. Brady Walter A. Pregler Couucilmen ATTEST: Leo F.I'rommelt City Clerk Councilman Wertzberger moved a- doption of the resolution. Secouded hy Councilman Tully. Carried by the follow- ing vote: Yeas-Mayor SL,ckis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. RESOLUTION NO. 421.77 BE IT RESOLVED by the City Coun- cil of the City oIDuhuquc, Iowa, tbat the following baving complied witb tbe pro- visions of law relating to the sale ofCiga- rettes within the City o!Dubuque, Iowa, be granted a permit to scll Cigarettes and Cigarette Papers within said City. Richard M, IUchman.1618 Central Ave- Passed, adopted. and approved this 3rd day of October. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen CLASS "C" BEER PERMIT Hartig Drug Compauy, Sunday Sales Only, 700 Main Town Clock Plaza Passed, adopted. and approved this 3rd day 01 October, 1977, Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmeu ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stack is. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wcrtzbcrger, Nays-none. RESOLUTION NO. 422.77 WHEREAS, applications lor Beer Pcrmits have beeu submitted to this Couucil for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Inwa, tbat the following applications be granted and permits issued upon the compliance with tbe terms of the Ordinanccs 01 the City. CLASS "C" BEER PERMIT Hartig Drug Company, Sunday Sales Only, 700 Main Town Clock Plaza Passed, adopted, and approved tbis 3rd day of October, 1977. Emil Stackis Mayor Tbomas 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 Stack is. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzbergcr. Nays-none. RESOLUTION NO. 424.77 WHEREAS, applications for Liquor Licenses have been submitted to this Council lor approval and the same bave been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that tbe following applications be approved and liccoses issued upon the compliance with the pro- visious of Cbapter 131. Acts of the First Regular Session, 64th Gcneral Assem- bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Larry W. Kratzer. 2423 Rbombcrg Ave- nue Orville P. Murphy IAlso Sunday Salesl 139 Locust Street John W, Bastian, 253 Main Street John P. Mihalakis (Also Sunday Sales) 2095 Kerper Blvd. Linda 1,. Sheldon, 1399 Jacksou Street ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzhergcr. Nays-none. Passed, adopted, and approved this 3rd day of October, 1977. Emil Stackis Mayor Tbnmas A. Tully Jr, Rich,,'d Wertzberger James E. Brady Waite<' A. Pregler Councilmen RESOLUTION NO. 423.77 WHERF,AS, applications for Beer Permits were filed by the within named applicants and they have received the approval of tbis Council: aud WHF,REAS, the premises to be occu- pied by sucb applicauts were inspected and found tocomplywitb the Ordinances of this City and they bave filed proper bonds: NOW THEREFORF, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. that tbe Manager be authorized to causc to be issued to the following named applicants a Beer Per- mit. ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 425.77 WHEREAS, applications for Liquor Licenses were filed by the witbin uamed applicants and they have received tbc approval of this Council; and WHEREAS, tbe premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THF,REFORE BE IT RE- SOLVED by the City Council of Dubu- que, Iowa, that the Manager be authori- zed to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Larry W. Kratzer, 2423 Rhomberg Ave- nue Orville P. Murphy IAlso Suuday Sales) 139 Locust Street Jobn W. Bastian, 253 Main Street Johu P. Mihalakis IAlso Sunday Sales) 2095 Kerper Blvd. Linda L. Sheldon, 1399 Jackson Street Passed, adopted. and approved this 3rd day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Couucilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-uone. Councilman Pregler moved that Richard Wertzbcrger be appointed to the N.E. Iowa Crime Commission and the appointment of Dale Ncderhoff be rcsciuded and placed as an alternate. Seconded by Mayor Stackis. Carried by tbe Iollowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzherger. Nays-uonc. Tbere heing no further business, Councilman Wertzberger moved to adjourn. Seconded by Councilman Tully. Carried by thc following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzherger, Nays-none. Leo F. Frommelt City Clerk Special Session, October 17,1977 531 530 RegularSession,October3,1977 Approved.................... ,1978 CITY COUNCIL OFFICIAL Special Session, October 17, 1977. Council met at 7:30 P.M. IC.D.T.I Prescot-Mayor Stackis. Councilmen Brady, Pregler. Tully. Wertzbcrger. City Manager Gilhert D. Cbavcnelle. Mayor Stacki, read the call and stated that service thereof had been duly made and tbis meeting is called for the purpose of CONSIDERING AWARD OF V AR- !OUS PUBLIC WORKS PHOJF;CTS and acting upon such other husiness as may properly come before a Regular Meeting of tbe Council. Proclamations proclaiming Novem- ber 14-20 as "Youth Appreciation Week" and week of October 30th to November 5th as "Dubuque Girls Club Week". were read. approved and signed by Mayor Stackis. Communication of Citizens Advi,ory Commission submittiog minutes of their meeting of Septemher 27,1977, present- ed and read, Counciiman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vute: Yeas-Mayor S¡',cki" Councilmen Brady, Pregler, Tully, Wertzbergcr. Nays-none. Communication of Five Flags Civic Center Commission submitting miuutes of their meetings of September 20 and October 4, 1977, presented and read. Councilman Tully moved that the minu- tes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communicatiou of Housing Rehabili- tation Commission submittiug minutes of their meeting of September 27, 1977. pre",ntcd and read, Councilman Tully moved that tbe minutes be received and filed. Seconded by Councilmao Wertz- bergcr. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wcrtzberger. Nay,-nonc, Communication of Planning & Zoning Commission submitting minutes uI tbeir meeting 01 Septembe,' 21.1977, present- ed aud read. Councilmau Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzbcrger. Nays-none. Communication of Dubnque Histori- cal Preservatiou Commissiou submit- Adopted...... .. 1978 ~------~ Councilmembers ATTEST: City Ci~--- ting minutes of their meeting of Septem- ber 8, 1977. presented and read. Council- man Tully moved that the minutes he re- ceived and filed. Secouded by Council- man Wertzberger. Carried by the follow- ing vote: Yeas-Mayor Stackis. Councilmen Brady, P,'egler, Tully. Wertzbe;'ger. Nays-none. Communication of Board 01 Dock Commission submitting minutes of their meeting of September 21, 1977, presenl- cd and read. Councilman Tully muvcd that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yess-Mayor Stacki" Councilmen Brady, Pregler. Tully. Wertzberger. Nays-none. Communication ofDubuquc Area Pro- ject Concern for the Elderly and Retired Inc. indicating concern about the impli- cations of strict code enforcement on the City's housing subsidy program, present- ed and read. Councilman Tully moved tbat the communication be rcfecred to the City Manager and Building Depart- meut. Seconded by Councilman Pregler, Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays-none. Communication of Wayne A. Moldcn- bauer submittiog his resignation ss a member of the Dubuque Dock Commis- ,ion. presented and read. Councilman Tully moved that the resignation be accepted with regret. Seconded hy Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertz berger, Nays-none. Communication of Iowa IJ.E,Q. sub- mitting construction permit for Five Flags Sewer and Water Itelocation and Extcn,ion. presented and read. Council- man Tully moved that tbe communica- tion be ,'cceived and filed. Seconded by Couucilman Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger, Nays-none. Printed Council Proceedings for the month of May, 1977, presented for Coun- cil approval. Councilman Tully moved tbat the proceedings be approved as printed, Seconded by Councilman Preg- ler. Carried on the Iollowing vote: Yeas-Mayor Staekis. Councilmen B...dy, Pregler. Tully, Wertzbcrgcr. Nays-none, 532 SpeciaISession,October17,1977 October 11, 1977 I Houorablc Mayor and Members o[ City Council On October 2 City Council referred to my office a request [rom the Downtown Association to insta\I a loud speaker system witbin Town Clock Plaza. We bave met with representatives of tbe Association and tbe group is investi- gating a method by which tbc wiring [or sucb a system can be installed utlizing existing utility services. Consequently, we arc not as yet in a position to provide City Council with an appropriate recommendatioo. and we shall continue to work very closely with tbe Downtown Association in tbis mat- ter. Gilbert D. Chavenelle City Mauagcr Councilman Tully moved that the communication be referred to tbe City Manager [or Iurtber report. Seconded by Couucilmau Pregler. Carried by tbe following vote: Yeas-Mayor Stackis, Couucilmen Brady, Pregler. Tully. Wertzberger. Nays-noue. October 12, 1977 Honorable Mayor aud Members 01 City Council Pursuant to your direction, tbe 8tb Street Pavilion in Town Clock Plaza was rented to Thomas Graham for the snm- mer months for tbe purpose of selling confectionaries. Tbe agreed upon monthly rentals o[ $50,00 bave been fully paid. and the City bas experieoccd uo dilIieulty iu allowing I this particular use in the Plaza. Mr. Graham has requested that be be permitted to rent tbe pavilion next sum- mer for tbe same purpose, and we would request your autbority to do so. Gilbert D. Chavenelle City Mauager Councilman Tully moved tbat the re- quest be approved. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none. October 3, 1977 Honorable Mayor and City Couucil I herewith submit tbe reports of the City Treasurer, Finance Director, Wa- ter Superintendent. Hcaltb Department, as well as a list of claims paid, for tbe month of August 1977. Gilbert D. Cbavenelle City Manager Cooncilman Tully moved tbat the communication be received aud filed. Seconded by Councilman Pregler. Car- ried hy tbe following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-uone. October 11, 1977 Honorable Mayor and City Council Attacbed is a report of tbe meetiug tbe staI! had with DEQ ou October 4, 1977 relative to operation of tbe Waste Water Treatment Plant. Gilbert D. Cbavenelle City Manager Councilman Tully moved that the communication be received aud filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. October 12, 1977 Honorable Mayor and City Couucil I am returning to you the petition of Mr. Jobn Duecini requestiug vacation 01 a portion of Roosevelt Street running about 100 feet from the alley to its east- ern eud. There is an 84" diameter storm sewer aud 12" sanitary sewer in tbis sec- tion of the street. I recommend that the petition not be granted. I am also returning to you a petition of Mr. and Mrs. Richard Feurst for the vacation of an approximately 20 foot wide portiou of Roosevelt Street run- ning aloug tbe property line 01 their resi- dence, identified as Lot 155, which bas been Ienced up by tbe petitioner. I re- commend that tbe petition be denied. It is not my intent, however. that tbe peti- tioner should be required to remove tbe fence at tbis time. I have seut a copy oftbis letter to the petitioners and bave indicated tbat I was returning tbe petition to the City Coun- cil at the meetiug of October 17. Gilbert D. Chavenelle City Mauagcr Couucilman Pregler moved to tahle tbe communication. Seconded hy Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertz bergeI'. Nays-none. Communication 01 Eric Schulz, as representative of Dubuque Board 01 Realtors, advising of tbcir procedure relative to baildiug defects aud improp- er zoning uses aud reqaesting permis- sion to address tbe Council to submit their lirst report, presented aud read. Couacilman Tully moved to suspend tbc rules to let anyone present address the Couucil iI tbcy so desire. Sccouded hy Councilman Wertzberger. Carried by tbe following vote: ,-~---~~~.- - ~ SpeciaISession,October17,1977 533 Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none. Councilmau Wertzberger moved tbat the communication be received and filed and referred to various City Boards and Commissions. Seconded by Councilman Pregler. Carried hy the follwoing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tolly, Wertzberger. Nays-uone. Commonication of Peoples Natural Gas advising of rate increase o[ 2.373' per hundred cubic ft. lor in-town residen- tial and commereial customer: 2.281' for rural small volume firm customers effcd- ive with bills issoed on and after Novem- ber 18, 1977. presented and read. Coon- cilman Wertzberger moved that the communication be received and filed. Se- conded by Councilman Tully. Carried by the following vote: I Yeas Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbcrger. Nays-none. Communication of Dobuque Chapter of the National Federationo[theBiind of Iowa requesting disapproval of area- wide fund-raising program for the Blind as previoosly requested, presented and read, Couneilman Wertzbcrger moved that the communieation be received and filed and referred to Council. Secnnded by Councilman Tully. Carried hy the [01- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Community Deve- lopment Commission advising Ron Hix- on isnolougermemberoflltbSt. Neigh- borhood and requesting Mr. Hixon be appointed to serve as a member-at-Iarge on the Commission, presented and read. Councilman Brady moved that tbe com- munication be received and filed and re- ferred to Council. Seconded by Couucil- man Pregler. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully. Wcrtzberger. Nays-none, Notice of Claim of Mary J. Glazewski, in an undetermined amount. for personal iujuries received while walking along a pedestrian path at Eagle Point Park 00 August 26, 1977, presented aud read, Coun<:ilman Tully moved tbat the Notice o[Claim he re[erred to City Attorney for investigation and report, Seconded by Councilman Wertzbcrger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. - Nays-noue. Notice 01 personal injury Claim 01 Adeline Birch, iu an uodetermioed a- mount, for injueics received in a fall ou Comiskey playgroond on September 30, 1977, presented and read. Couucilman Tully moved that tbe Notice of Claim be referred to City Attoruey for investiga- tion and report. Seconded by Couucil- mau Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Prc~lcr. Tully, Wertzberger. Nays-none. Notice of personal injury Claim of Lil- lian A. Smyth, in an undetermined a- mount, for injuries received in a fall on a ,lippcry aud wet sidewalk at side en- trauce at 8th Street on September 12, 1977, presented and read. Councilman Tully moved that the Notice of Claim be referred to City Attorney for investiga- tion and report. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Dennis W. Johnson, Alderman Irom Rockford, Ill., submitting a model obscenity law pass- ed last year by the Rockford City Coun- cil patterned aftcr the Idaho State Law, presented and read, Conncilman Tully moved that the commonication be re- ceived and med. Secouded by Conncil- mau Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregle.', Tully. Wertzbcrger. Nays-none. Communication of Councilman Preg- ler, addressed to the City Attorocy. recommending addition' to the propos- ed Adult Entertainment Ordinance by prohibitiog sale or consumption of alco- holic beverages on the premises and tbe presentation of live entertainment, pre- sented aud read. Mayor Stackis moved tbat tbe communication be received and filed, Seconded by Councilman Tully. Carried by tbe following vote: Yeas-Mayor Staekis. Councilmen Brady. Pregler, Tully. Wertzbcrger. Nay,-nonc. AN ORDIN1\.NCE of the City of Dubuque, Iowa. providing that the Code ofOrdiuaúce,. City o!Duhuque. Iowa, be amended by revising Appendix A tbere- of, also known as the "Zoning Ordinaucc aud Zoning Map of the City 01 Dubuque, Iowa" by enacting a new Section 5-108 of Article V. thereof. providing for regula- tion requirements aud tbe definition o[ Adult Eutertainment Establishment'. presented and read. Mrs. Marting. representing Citizens [or Decency of Law. spoke toCouucil stat- ~\ 534 SpecialSession,October17,1977 SpeciaISession,October17,1977 535 ing Detroit ordinance has been tested: City of Burlington, Iowa going against State. Mr. Wm. Hosspoke totbe propos- ed Ordinance and Joseph Healy stated Adult Entertainment is a free choice. Dou Deicb questioned iI tbey could put pornography on Ham's Island. Councilman Tully moved ameudmcnt to tbe Ordinance - "Section 5-108.4 sub- section lall000' to read 1200': and sub- section Ibl stop at word 'use' ". Seconded by Councilman Brady. Carried bytbefol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Brady moved that the I reading just had be considered the Iirst reading of tbe Ordinance As Amended. Seconded by Councilman Pregler. Car- ried by tbe following vote: Yeas-Mayor Stackis, Councilmcu Brady, Pregler, Tnlly, Wertzberger. Nays-noue. Councilman Brady moved that the rules requiring an Ordinance As Amend- ed to be received aud filed at two meet- ings prior to the meeting when final action is taken, be dispeused with. Seconded by Councilman Pregler, Car- ried by the followiug vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wcrtzberger. Nays-none. Couucilmau Brady moved that a public bearing be held on tbe Ordinance As Amended on November 7, 1977 at 7:30 o'c\ockP.M. in the Council Chamber at the City Hall aud that the City Clerk be instructed to publish notice of the hearing iu the manne" required by law. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Pregler moved that ,the City Solicitor be instructed to check on Beer & Liquor Law, "R" aud "X" Rated movies, Consumption of alcoholic bever- ages on premises, Live Entertainment and Age. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. October 12. 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the inquiry of Finley Hospital seekiug veri- fication of the zoning classification on their property at 1464 Allison Place de- scribed as I.ot 18 of Finley Home Addi- tion in the City of Dubuque. The pres- ent Zoning Map shows this property in an R-3 Residential District. The subject property is sbown on tbc attacbcd cop- ies of sections of the earlier map, No. 3- 34, and on tbe current Zoning Map. No. 32-75. In considering this matter tbe Com- mission found that Lot 18 of Finley Home Addition was part of a larger par- cel iu the ownership of Finley Hospital which was rezoned in 1978 to the H-M Hospital-Medical District classification and was so depicted on the Zoning Map of Ordinance No. 3-34. The Commi"ion has concluded that the current Zoning Map is in error and that Lot 18 of Finley Home Addition was unintentionally omitted from tbe Institutional District of the Finley Hospital complex. The Planning and Zoning Commis- siou bas voted to endorse the correction of the Zoning Map to include Lnt 18 of Finley Home Addition in the ID Institu- tional District and recommends that your body schedule tbe proposal for public hearing. An ordinance to accom- plish the map correction is attached. City Planning and Zouing Commission Daniel Dittemore Director of Community Development Councilman Tully moved that tbe communication be received and filed. Seconded by Councilman Wertzberger. Carried by tbe following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of tbe City of Du- buque. Iowa, providing tbat the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordi- nance and Zoning Map of the City of Dubuque. Iowa" by reclassifying I.ot 18 of the Finley Home Addition from R-3 Residential District Classification to ID Institutional District Classificatiou, presented and read. Councilman Tully moved tbat the reading just had he cou- sidered the first reading of the Ordi- nance. Seconded by Coundlman Preg- Ie<'. Carried by tbe followiugvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays-none. Councilman Tully moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final aetiou is tak- en. be dispensed with. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler. Tully. Wertzbcrgcr. Nays-none, Couneilman Tully moved that a pub- lic hearing be held on the Ordinance on November 7, 1977. at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler, Carried by the following vole: Yeas-Mayor Stackis. Councilmen Brady. Pre~ler, Tully. Wertzbergcr. Nays-oone, Communication of Building Com mis- I sioner submitting first draft of an Ordi- nance recommending the establishment' of a committee to review housing code standards and enfor<:ement pro<:edures, presented and read. Mayor Stackis moved that the communkation be re- ceived and Iïled and referred to Council. Seconded by Councilman Wcrtzherger, Carried by the following vote: Yeas-Mayor Stackis. Councilmen B,'ady. Pregler. Tully. Wertzberger. Nays-none. Petition of Mrs. Robert F. Cronin re- questing placement of a stop sign at the corner of Gold Street and Mer<:hants Lane, presented and read. Councilman Wertzbcrger moved that the petition be received and filed and referred to City Manager and Traffie Department. Seeonded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger, Nays-none. Petition of Louie Jaeger requesting installation of street lights in "Jaeger Heights Subd.". also approval for an energy connection for the street ligbts: also City Manager's recommendation lor approval attached. presented aod read. Councilmau Wertzberger moved that the request and recommendation be ap- proved. Seconded by Councilman Preg- ler. Carried by the following vote: Ye~s-Mayor Stackis. Councilmen Brady. Pregler,'l'ully. Wertzberger. Nays-none. Petit;on of Salvation Army request- ing permission to sell their Annual Christmas War Cry magazine during November. presented and read, Coun- cilman Wcrtzbcrger moved that the re- quest be approved subject to coordina- tion of City Manager. Seconded by Councilman Pregler. Carded by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. Petition of Steve Noooan requesting -~_. a refund of $75.00 on unexpired portion of Cigarette Liceuse No. IB41, discon- tinued business on Septemher 29. 1977. presented and read. Councilman Wertz- berger moved that the refund be ap- proved and City Auditor dh'cctcd to is- sue proper warrant. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler. Tully. Wertzbergcr, Nays-none. October 11. 1977 Honorable Mayor and Memhers of City Council We are in the midst of receiving bids for a numher of tbe Local Public Works Projeets. and we would appreciate the opportunity at the Octoher 17 meeting to update memhers of City Council on each of the projects. especially as each of the projects do or as they he effected by a particular federal requirement per- taining to the utilization of "J()% minor- ity business enterprise participation". The attached document summarizes some information provided City repre- sentatives by the officials 01 the Eco- nomic Development Administrat;on at a recent meeting in Des Moines. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded hy Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none, Councilman Tully moved that a Reso- lution or Letter he sent to Members of Congress in Washington stating opin- ion of City Council tbat provisions of Puhlic Works Program work a hardship on City of Duhuque and do not attract minority contractors. Seconded by Councilman Wcrtzberger. Carried by tbe following vote: Yeas-Mayor Stackis. Councilmen Brady. Pregler, Tully, Wertzhergcr. Nays-none. Proof of Puhlication. certified to by the Publisher, of Notice of Publi<, Hear- ing on Resolution of Necessity for ex- pansion of City of Dubuque Municipal Garage - 11th & Kerper Blvd., pre- sented and read. Councilman Wertzber- ger moved that the proof of puhlication be reeeived and filed, Seconded by Councilman Pregler. Carried by the fol- lowing vote, Yeas-Mayor Stackis. Councilmen Brady. Pregler. Wertzberger. Nays-none, Abstain-Councilman Tully. 536 SpeciaISession,October17,1977 Special Session, October 17,1977 537 (Necessity for Improvement) RESOLUTION NO.412.77 WHEREAS, proposed plans, speciIi- cations. form of contract, plat and ,chedule have been duly prepared and approved by the City Council of the City 01 Dubuque and are now on file in the office of the City Clerk shnwing amon~ other things the foliowinK: 1. An e,timate of the cost of the pro- posed improvement for the expan,ion of City of Dubuque Municipal Garage - 11th and K,,'pm' BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deem, it advi"ble and necessary for the public welfare to make the herein mentioned improvement, aud unle" property owners at the time of the final consideration of this proposed re,olu- tion have on file with the City Clerk ob- jections to the amount of the cost of im- provement, they shall be deemed to have waived all objeetions thereto. Said improvements shall be con- structed and done in aecordanec with the plans and specification, whkh have been p,'epared therefore by the City Engineer which have been approved by the City Council and arc now on file with the City Clerk. That tbe cost and expense of making ,aid improvement will be paid fmm the Local Public Works Fund,. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 3rd day of Octo- ber, 1977- RECORD OF FINAL ADOPTION The fore~oing resolution was finally p""ed and adopted, as proposed by the City Council this 17th day of October. 1977. Emil Stackis Mayor Richard We,.tzherger JamesE.Brady Walter A. Pregle,' Councilmen ATTEST: Leo F.I"rommelt City Clerk Councilman Wertzberger moved fi- nal adoption of the Re,olution, Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady. PreKler. Wert,bccger. Nays-none. Abstain-Councilman Tully, Decision of Council upon objec- lions to plans, specifications, form of contracl and cost of improvements, RESOLUTION NO. 426.77 WHEREAS. proposed plans and 'pe- cification, and form of contraet for the expansion of City of Dubuque Municipal GaraKe - 11th and Kerper have been approved by the City Council of Dubu- que aud public notice given as provided by Section 384 of tbe Code of Iowa. 1977, pertaining to public contracts and bonds. and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvement" said time beinK this 17th day of October, 1977; and (Ordering Construction) RESOLUTION NO. 427.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 412-77 which was duly p",sed by this Council for thc expan- sion of City of Dubuque Municipal Gar- age - 11th and Kerper be and the same arc hereby ordered and constructed by tbis Council upon its own motion aná with or without the pe- tition of property owners. Alitbe work shall be constructed in accordance with the plans and specifications herctoIore adopted and now on file in the office of the City Clerk. BE IT l'URTHER RESOLVED that the cost and expense of the said im- provement be paid from the Local Pub- licWm'k,Funds. BE IT FURTHER RESOLVED that this ,'esolution being deemed urgent and of immediate necessity shall be in force and effect from and after it, pas- sage and adoption by the City Council. Passed. adopted. and approved this 17th day of October. 1977. , Emil Stackis Mayor Ricbard Wertzberger JamesE.Brady Walter A. Pregler Councilmen WHEREAS, the City Coun<:il met iu 'pecial session this 17th day of October, 1977, at 7:30 o'clock P.M. at tbe Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have heen filed to the proposed plans, specifications or contract for or cost of the improvement herein describ- ed and proposed to he made; and WHEREAS, all interested parties bavc been Kiven 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 Duhuque, that all ob- jections which have been made and filed to the plans. specifieations, eon- tract for or cost of said impmvement herein described and proposed to be made. be and the same hereby overrul- ed and such plans, specifications aod form of cootract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decisioo of this Council upon all objections which have been filed to the plans. speeifica- tions and form of co,t said improve- ment be made a malter of permanent record in conoection with said improve- ment. Passed. adopted, and approved this 17th day of October, 1977. EmilStaeki, Mayor Richard Wert,bccRer JamesE.IJrady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by tbe 101- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, PreKler, Wertzberger, Nays-none. Abstain-Councilman Tully. Proof of Publication, certified to by the Publisher. of Notice of Pendeucy on Resolution 01 Necessity for construc- tiou of Scbmitt Harbor Municipal Boat Ramp Widening and Parking I,ot, pre- sented and read. Councilman Wertzbcr- ge" moved that the proof of publication be received and filed. Seconded by Councilmau Pregler. Carried by the fol- lowing vote: Yeas-Mayor Slacki" Couneilmcn Brady, Pregler. Wertzberger. Nays-uonc. Ahstain-Couucilman Tully. (Necessity for Improvement) RESOLUTION NO. 415.77 WHEREAS, proposed plans, specifi- cations, fm'm of contract, plat and 'che- dule have been duly prepared and ap- proved by the City Council of the City 01 Dubuque and are now on file iu the of- ATTEST: l,eoF.Frommelt City Clerk Councilman WertzberKer moved adoption of the Resolution- Seconded by Councilman Pregler. Canicd by the fol- lowingvote: Yeas-Maym' Stackis. Councilmen Brady, P,'egler. Wertzberger. Nay,-none. Abstain-Councilman Tully. lice of the City Clerk sbowing among other things the following: 1. The plan of sucb improvement 2. An estimate 01 the cost of the im- provement for the Schmitt Harbor Municipal Boat Ramp Widening and Parking Lot BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and necessary for the public wellare to make the herein mentioned improvement. and unless property owners at the time of the final consideratioo of this proposed resolu- tion have on file with the City Clerk ob- jections to the amount of the cost of the improvement tbey shall be deemed to' have waived all objections thereto. Said improvement, sball be con- structed and done in accordance with the plans and specifications which have been app,'ovcd by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from Local Public Works Funds. The above resolution was introduced, approved and ordered placed on Iile with the City Clerk this 3rd day ofOcto- ber, 1977. RECORD OF FINAL ADOPTION The foregoiog resolution was finally passed and adopted. as proposed, by the City council this 17th day of Octo- bel', 1977. Emil Stackis Mayor Richard Wert,berger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Wertzherger moved fi- nal adoption 01 tbe Resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Wertzherger. Nays-none. Abstain-Councilman Tully. Decision of Council upon objec- tions to plans, specificalions, form of contract and cosl of improvements, RESOLUTION NO. 428.77 WHEREAS, proposed plan, and spe- cifications and form of coutract for the Scbmitt Harbor Municipal Boat Ramp WideninK and Parking Lot have been approved by the City Council of the City ofDubuque and public notice given as provided by Seetion :184 of the Code of Iowa, 1977. pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objcc- 538 SpeciaISession,October17,1977 SpecialSession,October17,1977 539 tions to said plans, specifications or con- I tract for or cost of such improvemeots, said time being this 17th day of October, 1977; and WHEREAS, tbc City Couucil met in special session this 17th day of October, 1977, at 7:30 o'clock P.M. at tbc Council Chambers in the City Hall [or the pur- pose of hearing all interested parties and considering any and all objections whicb have been filed to the proposed pIa os, specifications or contract for or cost o[ the improvement herein describ- ed and proposed tu be made: and WHEREAS, all interested parties bave been given an oportunity to be heard and all objections which have been duly weighed and considered: now, tbercfore CilBo~ :~eR~~~~i~~b~~~~,e t~~¡ 3~~~ I 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 overrul- ed and such plans, specifications aud form of contract heretofore approved arc bereby adopted. BE IT FURTHER RESOLVED tbat this resolution containing the decision 01 this Couucil úpon all objections which bave been filed to the plans, specifica- tions and form of cost of said improve- ment be made a matter of permanent record in conuection with said improve- ment. P",sed, adopted, and approved this 17th day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzbergcr. Nays-none. Abstain-Councilman Tully. (Ordering Construction) RESOLUTION NO. 429.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE tbat pursuant to a Resolution of Necessity No. 415-77 which w"' duly passed by this Council for tbe Scbmitt !1arhor Municipal Boat Ramp Wideuing and Parking Lot be and the same are hereby ordered constructed by this Couucil upon its own motion and with or without the pe- titiou 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 tbe City Clerk. BE IT FURTHJm RESOLVt~D that the cost and expense of the said im- provement be paid from the Local Puhlic Works Fuod. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from aod after its pas- sage and adoption by the City Council. Passed, adopted, and approved this 17th day of October, 1977. Emil Stackis Mayor Richard Wertzbcrger JamesE.Brady Walter A. Pregler Councilmen tion o[ Flora Park Tenuis Courts, pre- sented and read. Councilman W ertzber- ger moved that tbe proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. I Nays-nooe. I Abstain-Councilmao Tully. October 11, 1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m" Tuesday, October 11, 1977 [or the reconstruction of the Flora Park Tennis Courts. The lowest bid was entered by the Tri-State Paving Company, Division of Duhuque Stone Products of Dubuque, Iowa. Their bid was 9.8% over tbe engi- neer's estimate. I recommend that the cootract lor the improvement be awarded to the Tri-State Paving Compauy, Division of Duhuque Stone Produds. Gilbert D. Cbavenclle CouncilmanC':;~r~z~:~~:~ moved that I the communication be received and fil- ed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis. Couneilmen Brady. Pregler, Wertzberger. Nays-none. Ahstain-Councilman Tully. (Awarding Contract) RESOLUTION NO. 430.77 WHEREAS, sealed proposals bave heeu submitted by contractors for the Flora Park Tennis Courts pursuant to Resolution No. 374-77 and notice to bid- ders publisbcd iu a newspaper puhlisb- ed in said City on September 23, 1977: and WHEREAS, said sealed proposals were opened and read on Odober 11. I 1977, and it has been determined that the hid of Tri-State Paving, Division of Dubuque Stone Products Compauy of Dubuque, Iowa in the amount of $59,830.05 was the lowest bid for the [uruishing o[ all labor and materials and performing tbe work as provided for in the plans and spcdfications: now there- fore, BE 1'1' RESOLVED by the City Coun- cil 01 the City of Dubuque that the con- tract or tbe above mentioned improve- ment be awarded to Tri-State Paving. Divisiou 01 Dubuque Stone Products Company and the Manager be and he is hereby directed to execute a contract on hehal[ of the City of Dubuque [or tbc complete performance of said work. ATTEST: LeoF.Frommelt City Clerk Councilman W crtzberger moved adoption of tbe Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmeu Brady, Pregler, Wertzbergcr. Nays-none. Abstain-Coundlman Tully. Proof of Publication, certified to by the Publisher. of Notice to Coutraetors of Receipt of Proposals [or replacement of windows in City Hall. presented aod read. Councilman Wcrtzberger moved that tbe proof of publication be received aud filed, Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. Communication of City Manager rcc- ommendiug award 01 Replacement of windows in the City Hall to Zephyr Alu- minum Products - 5.7% under esti- mate and A RESOLUTION Awarding Coutract to Zephyr Aluminum for re- placement of City Hall wiudows in tbe amount of $52,372.00, presented. Coun- cilman Brady moved that the communi- catiou and resolutiou be ,'eferred to the Couucil Meeting to be beld on October 21,1977 at 4;30 P.M. Seconded by Coun- cilman Pregler. Carried by the follow- ingvote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, We,.tzberger. Nays-none. Abstain-Councilman Tully. Proof 01 Puhlication, certified to by tbe Publisber, 01 Notice to Contractors of Receipt of Proposals for reconstruc- BE IT FURTHER RESOLVED. tbat upon tbe signing of said contract and the approval of tbe contractors boud the City Treasurer is authorized and in- structed to return the bid deposits 01 the unsuccessful bidders. Passed, adopted, and approved this 17th day of October, 1977. EmilStackis Mayor Richard Wertzbergcr James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded hy Councilman Pregler. Carried by the fol- lowiug vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Wertzberger. Nays-none. Ahstain-Councilman Tully. Proof of Publi<:ation, certified to by the Pnblisber, of Notice to Contractors for receipt of proposals [or construction of tbe Seventeenth Street Storm Sewer, presented and read, Councilman Wertzberger moved that the proof of publication be received and filed, Sec- onded by Councilman Pregler. Carried hy the followiug vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstaio-Councilman Tully, October 11, 1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed bids were received on October 11, 197'7 for the Seventeenth Street Storm Sew- er. Tbc lowest bid was entered by Free- port Construction Compauy of Free- port, Illinois. Tbeir bid was 14.0'1<> above tbe engineer's estimate, I would recommend that the base bid witb deletivc alternate numbe" one be awarded to Freeport Construction Company in tbe amount of $449,254.76. Gilhert D, Chavenellc City Manager Councilman Wertzberger moved that the communication be received and fil- ed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Wertzbcrger. Nays-none, Abstain-Councilman Tully. (Awarding Contract) RESOLUTION NO.431.77 WHEREAS, sealed proposals have been submitted hy contractors for the ~- ~---- -~--~-- 540 SpeciaISession,October17,1977 Scventcentb Street, Storm Sewer pur- ! suant to Resolution No. 380-77 and no- tice to bidders published in a uewspa- per published in said City on Septem- ber 23, 1977: and WHEREAS, said sealed proposals were opened on October 11, 1977, and it has been determined that the bid of Freeport Construction Company of Freeport, Illinois in the amount of $449,254,76 was tbe lowest bid for the furnishing of all labor and materials and performing the work as provided for in tbe plans and speciIications: now there- fore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for tbe ahove mentioned improve- meot be awarded to Freeport Construc- tion Company and the Mauager be and he is hereby directed to execute a eou- tract on bebalf of tbe City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED. that upou the signing of said coutract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed. adopted, and approved this 17th day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Wertz bergeI' moved adoption of the resolution. Seeooded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Prcgler,Wertzberger. Nays-none. Abstain-Councilmau Tully. ProoI 01 Publication, certified to hy tbe Publisher, (second bearing) to con- sider amending Community Develop- ment Block Grant Agreement to pro- vide $12,210 for repair of Dubuque Area Sheltered Works bop, presented and read. Councilman Wertzberger moved that tbe proof of publication be received aud filed. Secouded by Mayor Staekis. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Wertzberger. Nays-none. A bstain-Councilman Tully. RESOLUTION NO.432.77 A Resolution Directing the Transter of Community Development Block Graht Funds from the Rehabilitation Loans and Grants Project to a Project to be known as the Residing and In. sulation at the Dubuque Area Shel. tered Workshop Project NOW, THEREFORE, Be it Resolved by the Cily Council ot the City of Du. buque, Iowa: Section 1. That an amount uot to ex- ceed Twelve Thousand Two Hundred Ten Dollars 1$12.210.001 shall be trans- ferred Irom tbe Rehabilitation Loans and Grauts Project to a Project to be known as the Residing and Insulatiou of the Dubuque Area Sheltered Workshop Project. Section 2. That the foregoing trans- fer of Iunds has heretofore been approv- ed by the Community Development Commission and the Rehabilitation Commission. Pa5'ed, adnpted. and approved this 17th day of October, 1977. Emil Stackis Mayor Richard Wertzberger JamesE.Brady WaltcrA,Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Wertzberger moved adoption 01 the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzhergcr. Nays-none. A bstain-Councilmau Tully. October 11, 1977 Honorable Mayor and Members of City Council Today's ageuda includes a resolution autborizing the purchase of Trenke property for $135,000, and the sale should be cousumated within the next week to ten days. Additionally, we arc negotiating for tbe purchase of several other parcels of real estate. and we wold appreciate the opportunity of discussing both of these pun:bases in a closed session at the con- clusion oftbe council meeting. Gilbert D. Chavenellc City Mauager Councilman Wertzberger moved that tbe communication be received and fil- ed. Seconded by Councilman Tully. Car- ried by the following vote: Yeas-Mayor Stackis. Couucilmen Brady, Pregler, Tully, Wertzbcrger. Nays-oone. RESOLUTION NO. 433.77 Authorizing the Purchase ot the Tren. kle Property WHEREAS, the City Council 01 the City of Dubuque has declared it to be in SpeciaISession,October17,1977 541 the public interest to purchase certain real estate known as the Trenkle Prop- erty located adjacent to the City Hall; and WHEREAS. Rims Realty, seller, and the City of Duhuquc acting through its City Manager have arrived at a mutual- ly acceptahle price for the said real estate: NOW THEREFORE. BE IT RE SOL VIm BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Manager he and he is hereby authorized and direct- ed to do any and all things necessary and requisite to purchase the Trenkle Propcrty legally deserihed as: SM 1/5 of City Lot 448 and S 1I5 of City Lot 418 in the City of Du- buque at an acquisition price of $135,000.00. Seclion 2. That the Director of Fi- nance be and he is hereby authorized and directed to issue his walTant/, in payment of said real estate. Pas"ed. adopted, and approved thi, 17thdayofOdober.1977. EmiiStackis Mayor Thomas A. Tully Jc, Richard Wertzbergcr James E. Brady WaltecA.Pregler Coundlmen ATTEST: Leo F.I"rommelt City Clerk Couocilman Wedzbecger moved adoption of the Resolution, Seconded by Councilman Pregler. Carried by the fol- lowinpote: Yeas-Mayor Staekis. Councilmen Beady. Pregler, T~lly, WertzhergcL ' Nays-none, Proof of Publication, certified to by the PublishC>'. of Notice of sale of Lot 2 of 4 of Block 1 in Rivec 1"rontSub. No.5 to Dubuque Elec¡"ic Motor Service Inc.. presented and read. No written objec- tions were filed and no oral objedors were present in the Council Cbamber at tbe time set for the bearing. Council- man Tully moved that the proof of pub- lio,ation be received and filed. Secouded by Couocilman Pregler. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler. Tully. Wettzberger- Nays-none. RESOLUTION NO. 434-77 WHI-:REAS, pursuant to Resolution and publi,hed notice of time and place of hearing. published in the Telegraph Herald, a newspaper of general ciccula lion publi,hed in tbe City of Dubuque. Iowa on Oeloher 6. 1977, the City Coun- cil of the City of Dubuque, Iowa met ou the 17th day of October, 1977. at 7:30 o'clock P.M. ICOT) in the City Council Chambers. City Hall, Dubuque. Iowa to consider tbe proposal to di'pose of in- terest of the City of Dubuque. Iowa in real estate hereinaftC>' described to DU- BUQUI-: ELECTRIC MOTOR SER- VICE,INC,:and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the p.-oposal to dispose of interest of City of Duhuque. Iowa io the heceinaf- tel' described real estate to DUBUQUI-: ELECTRIC MOTOR SERVICE, INC.; NOW THEREFORE 1m IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the di'posal of inter- est of the City of Dubuque. Iowa in the following described real estate. to-wit: Lot 2 of Lot 4 of Block 1 in Rivec Front Subdivision No.5 in the City of Dubuque. Iowa, contain- ing1.l9a<"esmoceorlc5' to DUBUQm; ELECTHIC MOTOR SEItVICE, INC. be and the same is hereby approved fm' the total purcha,e price of $24,423.77 with ten pe,'cent (10%1 thm-eof, or $2.500,00. being paid down ,uhject. to the following tern" and condition" I. That the said real estate be sold to Dubuque I-:ledric Motm' Service, Inc, fm' the construction and erection of a building thereof approximate- ly 8.000 'quare feet for th..i,' husiness purposes, 2. That the sale pcice of said real estate shall b.. $24,423.77 for the total ¡Htechasc pciee. with ten percent 110%1 there- of, or $2.500,00 bcing paid as down payment. ceceipt whereof is herehy "know- ledged hy the City, 'I. That cunstruction of said huilding shall be commcnc..d withio one III ye.,' from date of delivery of deed and the passage of this Resolution and shall he completed withio twenty-four 1241 months of de livery of deed and upon fail- uce tosod¡'or failure to make improvements to the land within eighteen 1181 mooths hy Duhoque Electric Motor Service, Inc.. p,techaser, then said real estate shall automat- ically revert to the City ofDu- huque, Iowa and purchase price, less damages. shall be refunded to the purchaser. transfer of nwnership of Lot 2. Tbe Planning and Zoning Cnmmi"ion has voted to approve the plat and recom- mends your favorable consideration. City Planning and Zoning Commission Daniel Dittemnre Director of Commnnity Development Councilman Wert,hcrger moved that the communication he received and lïl- ed. Secnodcd by Cnuncilman Pregler. Carried by the follnwing vote: City Planning and Zoning Commission Daniel Dittemm'c Director of Community Development Councilman Wertzberger moved tbat the communicatinn be received and filed. Seconded by Cnuncilman Tully. Carripd by the follnwing vote: Ye",-Mayor SL,ckis. Councilmen Brady, Pregler. Tnlly. Wertzhergcr. Nays-none. RESOLUTION NO. 436.77 Resolution Approving the Final Plat 01 Lois 1 & 201 the Subdivision of Lot 6 of Asbury Springs Subdivision No.3 in the City of Dubuque, Iowa WIIERBAS, there has been filed with the City Clerk a plat nf the Subdivision to be known as Lots I and 2 nfthe Snbdi- vision nfI,ot 6 of Asbury Springs Subdi- vision No.3 in the City of Duhuque, Iowa. by Duane R.lluston and Janet L. Huston, his wi[c: and WHERI-;AS. "id plat has been exam- ined by tbeCity Planning & Zoning Com- mission and had its approval endorsed thereon: and 542 SpeciaISession,October17,1977 Special Session, October 17,1977 543 4. That the construction of all búildings. yards. parking lots, fences and ancillary improve- ments shall he constructed in conformance with City codes, and manufacturing process carried nut in accord with city ordinanees, 5. That the City nf Duhuque, Iowa retains a perpetu"l ease- ment for existing waterlines, existing sanitary sewer and storm sewer lines and for util- ities. together , with right of ingress and egre" to repair, inspect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be hy QuitClaim Deed. Section 2. That the City Clerk be and he is hereby directed and authori- xed to deliver deed of conveyan<:e con veying tbe above described real estate to Dubuque Blectrie Motor Service, Inp. upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is herebv authorized and direct- ed to record a c~rtified copy of this Res- olution in the office nf the Dubuque County Hpcorder, Passed. adopted, and appmved this 17th day of October. 1977. ~~mil Stackis Mavor Tho';asA.TullyJr, Richard Wertxbergcr JamesE,Bradv WalterA.Pre~ler Councilmen ATTEST: I,co F. Frommelt City Clerk Councilman Tully moved adoption of the resnlution. Secnuded by Couneil- maa Pregler. Carried hy the following vote: Ypas-Maym' Stackis, Councilmen Brady, Pre~ler. Tully, We,.txherger. Nays-none. October 12, 1977 IInnorahlp Mayor and Councilmen Tbe City of Duhuque Planning and Zoning Commissinn has reviewed the fi- nal plat subdividing property io the ownersbip nt' Mr, and Mrs, I-;lmcr Brad- ley which lips within the jurisdictional limits of the City of Dubuque, Inwa. Tbe property is lncated on the south side of old Hi~hway 20 west of the Coacb lIoose Hestaurant. The intent of the subdivision, de- srrihedasLotlaodLot20fLotl-l-1-1- I of SW'i,. SW'f" Section 28. T89N. R2E 01' the 5th P.M-. is to accommodate Passed, adopted, and approved this 17th day of October, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Hicbard Wertzbergcr James E. Brady Walter A. Pre~lcr Councilmen Yeas-Mayor Stackis, Councilmen Brady. Pregler,'l'ully, We,.t,berger. Nays-oone. ATTEST: Leo F. Frommelt City Clerk Cooncilmau Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Staekis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. October 12, 1977 RESOLUTION NO. 435.77 Resolution Approving Plat of Ihe Sub. division of Lot 1 of Lot 1 of Lol1 of Lot 1 of Lot 1 0101 Southwest One.Quarter of Southwest One.Quarter, Section 28, Township 89 Norfh, Range 2 East of 5th Principal Meridian, being in Dubuque Township, Dubuque County, Iowa, Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the fi- nal plat dividing Lot 6 of Asbury Springs Subdivision No.3 into Lots I and 2 of tbatsubdivision. The property is located at the northwest coruer of Judson Drive at its intersection with HilkrestRnad, in the City ofDuhuque, Iowa, Tbc intent of the subdivision is to accommodate trans- fer of owne,'ship of Lot 2 of I,ot 6 of Asbury Springs Subdivision No.3 to the owner of the contiguous Lot 7 of Ashury Slo'ings Subdivision No.3. The Planning and Zoning Commission has voted to approve the plat. aod recommends your favorahle considera- tion, WHEREAS there has been filed with the City Clerk a plat in which LotI ofI,ot 1 of Lot I of Lot I of Lot I of Southwest One-Quarter of Southwest One-Quarter, Section 28, Township 89 North, Range 2 East of 5th Principal Meridian. is platted as: Lot 1 of the Subdivision of LotI of Loti of Lot I of Lot I of Lot I of Southwest One-Quarter of Soutbwcst One-Quarter. Section 28, Township 89 North. Range 2 East of 5th Principal Meridiau: and Lot 2 of the Subdivision of Lot I of Lot I of Loti of Loti of Loti of Soutbwest One-Quarter of Southwest One-Quarter, Section 28, Township 89 North, Range 2 Bast of 5th Principal Meridian. and WHBREAS SAID plat has heen ex- amined hy the City Plan Commission and had its approval endorsed thereon: and, WIIERI-;AS said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORB, BE IT RB~- SOI,vED BY THE CITY COUNCIL OF THI-; CITY OF' DUBUQUE, lOW A. Section 1. The abnve described plat be and the same is hereby approved and the Mayor and Clerk be and they arc hereby authorized and directed to en- dorse the approval of the City upon said plat. WHEm~AS. said plat has been exam- ined by the City Council and tbey find that the same conforms to statutes and ordinances relating tbereto: NOW, THERI-;FORE. BE IT RE- SOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat 01 Lots I & 2 01 tbe Subdivisiou of Lot 6 of Asbury Springs Suhdivision No.3 in the City of Dubuque, Io,wa, he and the same is hereby approved and tbc Mayor and City Clerk ,,'e hereby authorized and directed to endorse the approval of the City of Duhuquc, Iowa upon said plat. PASSI-;D, ADOPTED, AND AP- PROVI-;D by unanimous recorded roll call this 17th day of October, A,D.. 1977. Emil Stackis Mayor Thomas A. Tully Jr, Richard Wcrtzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Couocilman Wcrtzherger moved adoption of the Resolution, Seconded by Councilmao Tully. Carried hy the follow- ing vote: Yeas-Mayor Staekis. Councilmen Brady, Pregler. Tully, Wertzbcrger. Nays-oone. RESOLUTION NO. 437.77 BE IT RESOLVED by the City Coun- cil of the City of Duhuque, Iowa. that the following having complied with the pro- visions of law ,'elating tothe sale ofCiga- relles within the City ofDubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Elizabeth B. Birkett, 55 Locust St. Linda I,. Sheldon, 1399 Jackson St. Fairway Ford Sales. Ioc.. 3600 Dodge St. Passed, adopted. and approved this 17th day nf October. 1977, , Emil Stackis Mayor Thomas A, Tully Jr. Richard Wert,berger James K Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stack is moved adoption of the Resolution. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas-Mayor Stackis, Coum:ilmen Brady. Pregler. Tully. Wertzherger. Nays-none. =-:---- Special Session, October 17,1977 RESOLUTION NO. 438.77 Passed, adopted, and approved this WHEREAS, applications for Beer 17th day of October, 1977. Permits have been submitted to this Emil Stackis Council for approval and tbe same have Mayor been examined: Thomas A. Tully Jr. NOW THEREFORE BE IT RE- Ricbard Wertzberger SOLVED by the City Councilolthe City James E. Brady 01 Dubuque, Iowa, tbat the following ap- Walter A. Pregler plication. be granted and permits issued Councilmen upon the compliance with tbe terms of ATTEST: the Ordinances of the City. Leo F. Frommelt CLASS "B" BEER PERMIT City Clerk Big G Steak House, Inc. (Also Snnday Mayor Stackis moved adoption of tbe Sales) Plaza "20" Resolution. Seconded by Councilman J & P O'Hara Inc. (Also Sunday Sales! Wertzberger. Carried by tbe Iollowing 855 Century Drive vote: CLASS "C" BEER PERMIT Yeas-Mayor Stackis, Councilmen Brady, Kay Nemmers (Also Sunday Sales) 250 Pregler, Tully, Wertzberger. West 1st St. Nays-none. - Groves-Kelco Inc. (Also Sunday Sales) RESOLUTION NO. 440.71 1920 Elm Street WHEREAS, applications for Liquor Passed, adopted, and approved this Licenses have been submitted to tbis 17th day of October, 1977. Council lor approval and the same have Emil Stackis been examined: Mayor NOW THEREFORE BE IT RE- Thomas A. Tully Jr. SOLVED by the City Council 01 the City Richard Wertzberger of Dubuque, Iowa, that the following ap- James E. Brady plications be approved and licenses is- Walter A. Pregler sued upon the compliance witb theprovi- Councilmen sions of Chapter 131, Acts 01 the First Regular Session, 64th General Assem- bly. CLASS "B" (HOTEL. MOTEL) BEER AND LIQUOR LICENSE Authony A. and Bette O. Helling (Also Sunday Salesl70I Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Ann Spielman, 2401 Windsor Ave. Elizabetb B. Birkett, 55 Locust St. Passed, adopted, and approved tbis 17th day of October, 1977. Emil Stackis Mayor Tbomas A. Tully Jr. Richard Wcrtzberger James E. Brady Walter A. Pregler Councilmen 544 ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzbcrger. Carried by the Iollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 439.71 WHEREAS, applications for Beer Permits were filed by the witbin named applicants and they bave received the approval of this Council: and WHEREAS, tbe premises to be occu- pied by sucb applicants were inspected and found to comply with tbe Ordinances 01 this City and tbey have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuqúe, Iowa, that the Manager be autborized to cause to be issued to tbe following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Big G Steak House, Inc. IAlso Sunday Sales) Plaza "20" J & P O'Hara, Inc. (Also Suuday Sales) 855 Century Drive CLASS "C" BEER PERMIT Kay Nemmers (Also Sunday Sales) 250 West 1st St. Groves-Kelco, Inc. (Also Sunday Sales! 1920 Elm St. ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption 01 tbe Resolution. Secouded by Councilman Wertzbcrger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 441.77 WHEREAS, applicatious for Liquor Licenses were filed by the witbin named applicauts and tbey have received the approval of this Council: and W)-IEREAS, the premises to be occu- pied by such applicants were inspected SpecialSession,October17,1977 and found to comply with the State Law and all City Ordinances relevant the,'eto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubu- que, Iowa, that the Manager be authori- zed to cause to be issued to the following named applicants a Liquor License, CLASS "B" (HOTEL.MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling (Also Sunday Salesl701 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Ann Spielman, 2401 Windsor Ave. Elizabeth B. Birkett. 55 Locust Street Passed. adopted, and approved this 17th day of October. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Wchard Wertzberger .Jamcs E, Brady Walter A. Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote, Ye8'-Mayor Stackis. Councilmen Brady. Pregler. Tully, Wertzbcrgcr. Nays-oom'. At 9,48 P_M. Councilman Wertzber- ger moved to go into Executive Session to discuss purchase of Real Estate and I possible appointments to Boards & Com, missions. Seconded hy Councilman Preg- ler, Carried hy the following vote: Yeas-Mayor Stackis. Councilmen Brady. Pregler. Tully, Wertzberger, Nays-none. Council rwmvcned in Regular Ses- sion at 1002;) P.M, Councilman Brady moved tbat the City Manager be authorized to continue negotiations on Trenkle Property. Hampton Property and N,E, Iowa Deve- lopment Property. Seconded by Council man Pregler. Ca.-ried on the following vote: Yeas-Mayor Stackis, Councilmen Bmdy. Pregler, Tully. Wcrtzbergcr. Nays-none. Abstain-Councilmao Tully on Hamp- ton Pmperty- Councilman Pregler moved appmval of the following appointments: To tbe Community Development Commissioo, Betty Krieg representing W. 11th St. Neighborhood. Huth Nash ",presenting Arts, Jane Kiebel bou,,"wife. Karen Winter representing Rehabilitation Commissioo. Judith Schmidt repre,ent- 545 ing Advisory Commission: to the Rehab- ilitation Commission, Alvin Blum repre- senting Building Materials Supplies: To the Youth Services Bureau. Deborah Mcttille and Byron F. Nied. Sccouded by Councilman Brady. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Wcrtzberger. Nays-none. There being no further business. Councilman Brady mnved to adjourn. Seconded by Mayor Stack is. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. Approved. Adopted. ATTEST: City Leo F, Frommelt City Clerk Councilmembcrs . 1978 . 1978 546 Special Session, October 21, 1977 Special Session, October21, 1977 547 CITY COUNCIL OFFICIAL Special Session, October 21,1977. Council met at 4:30 P.M. (C.D.T.) Present-Councilmen Brady, Pregler, Wertzberger. City Manager Gilbert D. Chavenelle. Absent-Mayor Stackis, Councilman Tully. Mayor Pro-Tem Brady read the call and stated that service thereof bad been duly made and this meeting is called for the purpose of ACCEPTING THE OF- FICIAL CANVASS OF THE MUNICI- PAL PRIMARY ELECTION HELDON OCTOBER 18, 1977, and acting upon such other business as may properly come before a Regular Meeting of the Council. Proclsmation proclaiming the month of November as "Epilepsy Montb", was read, spproved and signed by Mayor Pro-Tem Brady. Donald C, Meyers-Chairman In testimony, whereof, we have hereunto set our hands and caused this to be at- tested te and scaled by the County Auditor as Commissioner of Elections. this 20th day of Oclober, 1977. ---------------------- - WiHrcd Bahl-Member ------ ------ Lloyd C.lIayes-Memher -------------- , -------- --- ---- ATTEST: CITY OF DUBUQUE MUNICIPAL PRIMARY ELECTION HELD OCTOBER 18, 1977 CANVASS HELD OCTOBER 2O, 1977 State oflowa, Dubuque County, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do hereby certiIy that the following is a true and correct abstract of the votes cast for each of the City Council Candidates in the City ofDuhuque Primary Election held on October 18.1977 as listed and enume- rated hercinhelow by precinct and in accordaucc witb the respective returns from the Precinct Election Officials. We further certify that at said Primary glection the six candidates receivinp; the highest number of votes in the Primary to the extent of twice the numher of unfilled positions, or three positions. as per sections 376.7 and :376.8. Iowa Code 1977, are declared nominated and to be placed upon the ballot for the regular oily elcetion November8,1977. ------------- GeorgeJ. Brown. Auditor Cnmmissioncr of Elections Candidates not elected: Emil Slackis Dennis Ouderkirk Ahsentee Prcdnet Requests Military 127 1 128 121 1 I 5 128 Councilman Wert,herger moved that the Canva" hercceivcd and filed and made a Malterol' Record. Seconded hy Councilman Prcgle,', Can-icd by the following vote, Yeas-May",' Pro-Tem Brady. Pregler. Wertd)erge,', Nays-nonc. Ah~enl-Mayor Stack is. Councilman Tully, Voted Notreturned Spoiled Notvoled Ouder- Preg. Weste. Total Brady Deich Farrell King kirk ler Slackis meyer Voters ~ U ill ~ U - M ft ~ 64 35 74 55 11 54 16 30 1:32 129 51 1:31 ]09 31 109 19 53 225 171 72 239 181 55 198 66 77 387 97 68 113 96 57 89 :17 62 231 6 114 73 126 (;5 42 73 21 55 205 7 82 42 9] 54 15 69 25 25 148 8 73 85 10] 84 22 67 18 52 165 9 64 2(; 70 (;1 5 41 22 :'J:I 122 ]0 109 37 142 9:3 24 84 :14 58 2¡¡; 11 119 66 164 159 12 132 45 77 295 12 110 36 173 150 20 122 34 87 2(;6 13 110 34 257 259 2:1 200 62 5(; :178 14 123 31 144 150 14 99 25 52 WI 15 130 56 197 12(; 82 109 42 7:J 285 16 111 49 165 120 28 114 :15 64 255 17 124 (;0 238 19!! 24 188 :J:I 48 850 18 111 51 157 150 27 102 28 5(; 25:3 I!! 138 55 223 208 :12 157 88 70 :140 20 131 5:1 200 172 25 1:11 42 55 2ml Ð 00 00 1M 157 ~ I~ ~ ft 6 22 93 50 213 112 25 132 :¡¡; 60 :102 2a 120 H7 ]75 ]70 41 ]52 49 50 :JOO 24 100 29 284 280 18 165 4(; 57 841 ~ 00 ~ 100 1M Ð 1ft ~ M W Absentee _52 -...IO 87 --ao 5 62 1:1 _22 1_2] Totals 277(; 1188 4249 :15l! (;65 3140 885 1869 {;(;92 We, the undersigned members of the Board of Supervisors of Duhuque County. Iowa and exofficio Board ofCanvas,"'rs for said County, do herehy certify thaI allh,' Municipal Primary Elcelion held Oelohcr 18. 1977lhe following pecsons wen' nomi- nated to have their names placed on lhe Gene,'al Munidpal ,~¡""lion ballola,s ""ndida- tes for the office of City Councilman. Carolvn Farrell David Michael King WallnA.l'reglcr James K Brady 1J00aid E. Ikich AnneWestemeyer Precinct I 2 3 4 October 11, 1977 Tn the Honorable Mayor and City Council Pursuant to your instructions sealed bids were received on October 11. 1977 for tbe replacement of windows in City Hall. The lowest bid was entered by Zephyr Aluminum products of Dubuque. Their bid was 5.7% under the engineer's esti- mate. 1 would recommend that the contract be awarded to Zephyr Aluminum. Gilbert D, Chavenclle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by tbe following vote: Yeas-Mayor Pro-tcm Brady, Pregler. W crtzhergcr. Nays-none. Ah,ent-Mayor Stacki" Councilman Tully. Communication of Dubuque Histori- cal Prc,ervation Commission advising as being in accord with tberecommenda- tion of the State', Architect on Histori- cal Preservation on the windows chosen for the City Hall with prefercnceindicat- ed for installation of mainteuance free window" pre,ented and read. Council- man Pregler moved that the communica- tion be received and filed, Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Pro-Tem Brady, Council- men Pregler. Wertzberger. Nays-None. Ab,cnt-Mayor Stackis. Councilman Brady. (Awarding Contract) RESOLUTION NO. 442.77 WIŒREAS, scaled proposals have been ,ubmittcd by contractors for the replacemeot of windows in City Hall pursuant to Resolution No. 378-77 and notice to bidders published in a newspa- per published in said City on September 29,1977; and WHEREAS, said ,ealcd proposals were opened and read on Octohcr 11, 1977, and it has been determined that the hid of Zephyr Aluminnm of Dubuque. Iowa in the amount of $52,372,00 was the lowe,t bid for the fur- nishing of all labor and materials and performing the work as provided for in the plans and specifications: now there- fore. BE IT RESOLVED hy the City Coun- cil of the City of Dubuque tbat the con- tract for the above mentioned improve- ment be awarded to Zephyr Alnminum and the Manager be and he is herehy directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. 548 Special Session, October21, 1977 BE IT FURTHER RESOI,VED, tbat upon the signing of said contract and the approval of tbe contraetors hond the City Treasurer is authorized and in- structed to return the bid deposits of the unsucce"ful bidders. Passed aod adopted this 21st day of October. 1977. James E. Brady Mayor Pro-Tem Hichard Wertzberger Walter A. Pregler Councilmen ATTEST: Lpo F. Frommelt City Clerk Coun~ilman Pregler moved adoption of the resolution, Seconded by Council- man Wertzbcrger. Carripd by the following vote. Yeas-May"" Pro-Tem Brady. Council- men Prpgler. Wertd)erger. Nays-none. Ab'sent-Mavor SU,,'kis. Councilman Tully. ' RESOLUTION NO. 443.77 WHEREAS. the City of Dubuque, Iowa has purchased the following de- suihed real estate from Rims Hpalty, Inc., to-wit. ' The suutb une-fifth 11/5thl of City Lot 4~8 and tlw south middle on;,- fifth 11/5thl of City I,ot 448, in the City of Dubuque, I'nwa. according to the Plat thereof in Bouk ofPlats#22. page 31. rerords ofDubuque County, Iowa; and: WHERF:AS. sell.,'s have delivered a Warranty Deed conveying said real estate to the City of Dubuque. Iowa: NOW THF:REFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUB!IQUE. lOW A. Section 1. That the Warranty Deed delivered hy Rims Realty. Inc. con- yeying the above desrribcd real estate, dated October :!. 1977 and delivered October 18, 1977 aod that said delivery of Warranty Deed be and the same is hereby accepted. Section 2. That the City Clerk is here- with ,Erected to file a rprtified copy of this Hesolotion io the office of the Duhu- que City Assessor and in the office of Dubuque County Recorder in the of[;.,e of th,' Duhuque County Treasurer, Passpd, adopted. aod approved this 21st day of October. 1977. .James K Brady Mayor pro-Tem Riphard Wertzherger Walter A,Prpgler Councilmen ATTEST: Leo F. Frommplt City Clerk Cuuncilman Wertzbergcr moved adoption of the Resolution, Secooded by Coum.ilman Pregler. Carried by the 1'01- lowinpote: Yeas-Mayor Pro-Tpm Brady. Council- men Pregler, Wertzherger. Nays-None. Abseot-Mayor Stackis, Counrilman Tully. There being 00 fm-the<' husioe", Couneilman Wertzbergpr moved to adjourn, Seconded hy Councilman Preg- ler, Carried hy thp following vote: Yeas-Mayor Pro-Tcm Brady. Council- men Pregler. Wertzherger. Nays-None. Ab'sent-Mayor Stack is. Councilman Tully, Leo F. Frommelt City Clerk Approyed.,.. .... 1978 Adopted. 1978 --- ---- Council members ATTEST: City -- - ~,.........---- "~;:;:J'~ Special Session, October 31,1977 549 CITY COUNCIL OFFICIAL Special Session, October 31, 1977. Council met at 4:30 P.M. le.S.T.) ,Present-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. C,ity Manager Gilbert D. Cbavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this meetiug is called for tbe purpose of CONSIDERING AWARD OF CON- TRACT FOR CONSTRUCTION OF AN ADDITION TO THE MUNICIPAL GA- RAGE and acting upon such other busi- ness as may properly come beIore a Regular Meeting of the Council. Petition of Plaza 20 Inc. requesting cousideration to resolve a traffic prob- lem at their west entry Idircctly south of Devon Drivel by ro-desiguating lanes to conform to markings previously in eI- feet, presented and read. Councilman Wertzberger moved that the petition be received and filed and referred to City Manager and Traffic Department and City Manager be directed to establish a meeting between parties involved and report back at Council Meeting of November 7, 1977. Seconded by Mayor Stackis. Carried by the following voto: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Petition oIDale W. Stierman request- ing permission to connect to the sanitary sewer on property contiguous to tbe City at the Morocco, presented and read. Councilman Wertzberger moved to suspend the rules to let anyoue present address the Council if they so desire. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Dale Stierman spoke to the petition stating rains from neighboring property causes problems: System hacking np in- to house: Should be corrected before land freezes: Either hookup 10 Morocco easement or go out directly to Southern Avenue possibly 50 feet. Councilman Wcrtzberger moved that tbe petition be received aod filed and referred to the City Manager and Engi- neering Department. Seconded hy Mayor Stackis. Carried by the Iollowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler. Tully. Wertzberger. Nays-none. Councilman Tully moved tbatannexa- tion take place on property of Dale W. Stierman. Seconded by Mayor Stackis. Carried by tbe Iollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. October 25, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commision has reviewed two Ii- nal plats subdividing the Merfeld pro' perty in Dubuque County south of Cedar Cross Road and are described as follows: the first plat subdivides Lot 2 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 278 into Lots I and 2. Tbe second plat divides Lot 2 of the first plat iuto Lots Iand2 ofLot2 of Lot 2 01 Lot I of Lot 1 01 Mineral Lot 278; and divides Lots 1 and 2 of the subdi- visionofLot20fLot I oILotI oILotl of Mineral Lot 222; and Lots 1 aud 2 of the subdivision of Lot I 01 Lot 1 of Lot 2 of Lot 1 of Lot I ofLot2 of Mineral Lot220. All of the above described property lies within the subdivision jurisdictional re- view limits of the City oIDubuque, Iowa. The purpose of the subdivision shown on both plats is to permit transfer of own- ersbip of the properties. The Planning and Zoning Commission' has voted to approve the plats and recommends your Iavorable considera- tion. City Planuing and Zoning Commission Daniel Dittemore Director 01 Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by tbe following yote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 444.77 A Resolution Approving the Plat of the Subdivision of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 278, Section 33, Township 89 North, Range 2 East of Ihe 5th P.M., in Dubuque Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk of the City of Dubuque. Iowa. a plat in which Lot 2 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 278, Section 3:1, Township 89 Nm.th, Hange 2 East of 5tb Principal Meridian in Dubuque Town- ship. Dubuque County. Iowa, is platted as: Lot 1 andLot20fLot20fLot20fLot 1 of LotI of Mineral Lot278, Section 'Ia. Township 89 North, Range 2 East of 5th Principal Meridian in Duhuque Towns- bip. Dubuque County, Iowa; and. WHEREAS. said plat has been exam- iued by the City of Dubuque Planning and Zoning Commission and has had its approval endorsed thereon; and. of Lot 2 of Mineral Lot 220. Section :34, T89N, R2E of oth P.M. in Duhuque Township. Duhuque County. Iowa. is platted as: Lot I and Lot2 of Lot I of Lot lofLotlofLot20fLotlofLotlofLotl of Lot 2 of Mineral Lot 220, Seelion :34, T89N, R2E of 5th P.M.. Dubuque Town- ship, Dubuque Couoty. Iowa: and WHEREAS. said plat has been exam- ined hy the City of Duhuque Planning andZoning Commission and has had its approval endo"ed thereon; and. WIŒREAS. said plat has been exam- ined by the City Couneil of the City of Duhuquc, Iowa. and they find that said plat conforms to the Statutes and Ordi- nances relating thereto: NOW THEREFORE Blè IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQlm. lOW A; Section 1. That the above described plat be and the same is hereby appmved and the Mayor and City Clerk are here- by authorized and direelcd to endorse the approval of the City of Dubuque. Iowa, upon said plat. Passed. adopted. and approved this :!lsl day of Octo her. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzhergm' James K Bradv Walter A. PrcKler Coundlmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: 550 Special Session,October 31, 1977 Special Session, October 31,1977 551 WHEREAS, said plat has beeu exam- ined by the City Council of the City of Dubuque, Iowa, and they find that said plat conIorms to the Statutes and Ordi- nances relating thm'eto: NOW THEREFORE B,; IT RE- SOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: See lion 1. That the above demibed plat be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to endorse the approval of the City of Duhuque, Iowa. upon said plat. Passed. adopted, and approved this 31st day ufOctober.1977. ,;mil Stackis Mayur Thomas A. Tully Jr. Rkhard Werlzherger James E. Brady Walter A. Pregler Coundlmen ATTEST: Leo F. Frommelt Citv Clerk Coun;;ilman Pregler moved adoption of the Resolulion, Seconded hv Council- man Werlzbe"ger, Carried hy the fol- lowing vote; Yeas-Mayor Slackis, Councilmen Brady, Pregler, '¡,'ully, Wertzlwrgcr. ' Navs-oonc. , RESOLUTION NO. 445.77 A Resolulion Approving the Plat of the Subdivision of Lot 2 of Lot 2 of Lof 2 of Lof 1 of Lot 1 of Mineral Lot 278 in sec-¡ lion 33, Township 89 North, Range 2 East of 5th P.M-; and of the Subdivi. , sion of Lol2 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 222 in Seclion 34, Town. ship 89 North, Range 2 East of the 5th P.M.; and of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 220 in Sec. lion 34, Township 89 North, Range 2 East of the 5th P.M., Each Being in Ou. buque Township, Dubuque County, Iowa WHEIŒAS. there has been filed with the City Clerk of t.lw City of Dubu'flu'. Iowa.a plat in whi,'h Lol20i'I,ot20fLot 2 of Lot I of 1,01 I of Mineral Lot 278 in Sed ion :n. T89N. 1\2;;. of the 51h I',M. is plattl'd as; LotI aod Lot 2 of Lot 2 of Lot 201' 1.01 201'1.011 ofLol I of Mineral 1,01 278 in oHlioo ;¡:J, T89N. R2E of the !ilh I'_M, in Duhuql'" Township, Dubuq"" Count v.lowa; and the subdivision of Lot 201'1.';1101'1.01 I of 1,01 I of Mineral I,ot 222 Sel'lion :\4, TS9N. R2E of !ith P.M. is plat ted as LotI of Lot 2 of Lot. 2 of Lot 1 ofLol 1 ofI,oll of Mineral Lot 222. He" lion ;J4. TR9N, R21': of the 5th P.M, io Dubuque Tnwnship, Duhuqne Connty. Iowa: and thesuhdivi,ionofLol I ofLol 101'1.01 lofLol20l'Lotl of Loll of Loll ATTlèST: Leo F. Fl'Ommelt City Clerk Councilman Pregler moved adoption of the Resolution, Seconded by Couccil man Wert,bl','W'r. Carried by Ihe fol- lowing vote: Yeas Mayor ot:",ki" CouUl'ilnH'n B",dv. Pregler. T;,lIy. Wl','lzbergl'>'. ' Nay,,-none. with the Subdivision Regulations and Zoning Ordinance of the City of Dubu- que, Iowa, and that they are in confor- mance witb the approved preliminary plat of tbe subdivision. The Commission has voted to approve tbe plats and re- commends your Iavorable consideration. City Planning and Zoning Commission Daniel Dittemore Director 01 Community Development Councilman Wertzberger moved that the communicatiou be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Couucilmen Brady, . Pregler, Tully, Wertzbergcr. Nays-nouc. RESOLUTION NO. 446.77 . Resolution Approving Plat of the Sub. division of Lot 12, Block 7 in "Knob Hill" in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in whicb the Subdi- vision of Lot 12, Block 7 in "Knob Hill" in tbe City of Dubuque, Iowa is platted as: Lot I of the Subdivision of Lot 12. Bloek 7 in "Knob Hill" in the City of Dubuque, Iowa, and Lot20ftheSubdivisionofLot 12, Block 7 in "Knob Hill" in the City of Dubuque. Iowa, and, WHEREAS said plat has been exam- ined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW. THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA. Section 1. That the above described plat be and the same is herchy approved and the Mayor and Clerk be and they are bercby authorized and directed to en- dorse the approval of the City upou said plat. Passed, adopted. and approved this 31st day of October, A.D.. 1977. Emil Staekis Mayor Thomas A. Tully Jr. Ricbard Wcrtzberge,' James E. Brady Walter A. Pregler Couneilmcn Odohe,' 25.1'177 Honorable Mayor and Coun,'ilm,:n The City of Dohnqnl' Planniog nod Zoning Commission has revil'wl'd two final plat, ofpropl'>'ly in "Knoh Hill" and "Knob mil Grove" Subdivisions- The property lies snuthwe,t of the exi,tiog Knob Hill Drive cast of Fremont Avennc in the City of Dubuque, Iowa, The I'ir"t plat snhdivides 1.01 12 of Blork 7 of "Knoh II ill ". and Lot B of "Knoh Hill Grove" into LoIs 1 and 2 of thaI ,ubdivbion, The seeond platdividl" ],ot 2 of the lïest. 'uhdivi,ion into Loh 1 thru 5 of RIo,'k 8 'IUd Lots I thru " of Bloek 9 of "Knob Hill" Suhdivision. and dedicates the extension or Knoh Hill Drive and Camilla Conrt as puhlk streets, The Planning aod Zoning Commission ba' found the plats to he in ""mplia",'e Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 447.77 Resolution Approving the Plat of Block 8 and Block 9, Each in "Knob Hill" in the City of Dubuque, Iowa WHEREAS, there bas been filed witb the City Clerk a plat of the Subdivision to be known as Block 8 and Block 9, each in "Knob Hill" in the City 01 Dubuque, Iowa, by Jobn Duggan, Trustee under tbe "Regina Duggan Trust": and WHEREAS, upon said plat appear streets to be known as Knob Hill Drive and Camilla Court, together with certain public utility easements wbich the Own- ers by said plat have dedicated to the public forever: and WHEREAS, said plat has been exam- ined by tbe City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades bavc not been established, the streets hrought to grade, or paving, sewer or water installed: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedicatioús of Knob Hill Drive and Camilla Court to- gether with the casements for public u- tilities as tbc same appear upon said plat, be and the same are hereby accept- ed: Section 2. That the plat of Block 8 and Block 9, in' "Knob Hill" in the City of Dubuqne, Iowa. be and the same is here- by approved and the Mayor and City Clerk are hereby authorized and direc- ted to endorse tbe approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein nam- ed, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb aud gutter and to hard surface Knob Hill Drive and Camilla Court with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard speci- Iications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans suhmitted with the plat: c. To install water mains and water ser- vice laterals in accordance with plans submitted with the plat; d. To iustall storm sewers and catchbas- ins in accordance with plans submit- ted with the plat: ~é- --~----~---_._-~-- 552 Special Session,October31, 1977 Dated at Dubuque, Iowa, this 10th day of November, 1977. e. To install concrete sidewalks as required by Ordinances, and where directed by the City Eugineer and the City Manager: ' !. Toiustallboulevardstreetligbtingin accordance with plans submitted witb the plat: g. To construct the foregoing improve- ments in accordance with plans and specifications approved by tbe City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager: h. To maintain the foregoing improve- ments for a period of four (41 years from the date of their acceptance by the City 01 Dubuque, Iowa: i. To provide tbe foregoing construc- tion and maintenance at tbe sole ex- pense of the subdivider John Duggan. trustee under the "Regina Duggan Trust" aa owner: j. To construct said improvemeuts, except sidewalks and street lighting prior to October, 1979, and to con- struct the sidewalks and street light- ing prior to October 1, 1981: and Iurther provided that said John Duggan, Trustee under the "Regina Duggan Trust", as owner 01 said Subdi- vision, secnre the performance of the foregoing conditions by providing secur- ity in such form and with snch sureties as may be acceptable to tbe City Mauager. Section 3. That in the event John ,Duggan, Trustee under the "Regina Duggan Trust", shall fail to execute the acceptauce and furnish the security pro- vided for in Section 2 hereof within 45 days after the date of tbis Resolution, the provisions hereof sball be null and void and the acceptance of tbe dedica- tion and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by recorded roll call tbis 31st day of October, A.D.. 1977. Emil Stackis Mayor Tbomas A. Tully Jr. Richard Wcrtzberger James E. Brady Walter A. Pregler Couucilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 447.77 We, the undersigned John Duggan, Trustee under the "Regina Duggan Trust" baving read the terms and condi- tions of the Ioregoing Resolution No. 447-77 and being Iamiliar witb the condi- tious thereof, bercbyacccpt the same and agree to perform the conditions re- quired therein. Isl John Duggan Trustee uuder the Regina Duggau Trust TO: Leo F. Frommelt City Clerk This is to certiIy that the security pro- vided by the foregoing RESOLUTION NO. 447-77 bas been furnished by the owners. Dated at Dubuque, Iowa, this 10th day of November 1977 Isl Gilbert D. Chavenelle City Mauager Councilman Wertzberger moved adoption of the resolution. Secooded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-noue. - RESOLUTION NO. 448.77 Approving Vacation 01 Utility Ease. ment in SI. George Subdivision In the City 01 Dubuque, Iowa WHEREAS, the Owners in Fee of Lots I and 12 iu St. George Subdivision in the City ofDubuque, Iowa have vacat- ed the existing 8 foot wide utility ease- ment along the Southerly line of Lots I and 12 of Block 2 01 St. George Subdivi- sion in the City 01 Dubuque, Iowa: and WHEREAS, Interstate Power Com- pany, People's Natural Gas Co., North- western Bell Telephone Company, and Teleprompter Cable Communication Corporation have approved the above described vacation 01 said existing 8 loot wide utility easement as shown on "Exhibit A" Iiled witb their approvals: and WHEREAS, tbe utility casement doc- umeuts and attached "Exhibit A" have been examined by theCit y Council of the City of Dubuque, Iowa. and the City of Dubuque Water Department. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Section 1. That tbe Utility Easemeut Vacation aloug witb "Exhibit A" dated August 12, 1977 vacatiug the following described utility casement. be and tbe same is hereby approved. Existing 8 loot wide utility ease- ment along the Southerly line of Lot I and Lot 12 01 Block 2 of ST. GEORGE SUBDIVISION in tbe Ci- ty olDubuque, as shown on "Exbibit A". Special Session, October 31, 1977 553 Section 2. That the Mayor aud the City Clerk be and they are hereby au- thorized and directed to execute said vacatiou for and on bebalf 01 tbe City of Dubuque, Iowa. Section 3. Tbat tbe City Clerk be and be is hereby autborized and directed to file a copy of this Resolution in the Office of the County Recorder io and for Dubu- que County, Iowa. Passed, adopted, aud approved this 31st day of October, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wcrtzbergcr James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoptioo oftbe Resolution. Seconded by Councilmau Pregler. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wcrtzberger. Nays-none. RESOLUTION NO. 449.77 Authorizing the Acquisition of Certain Real Propertyforthe Development 01 a Site for Relocation of Engine House No.1 WHEREAS, the City o!Dubuque pur- suant to Grant Agreement No. B-77-MC- 19-0004 has been authorized by the Department of Housing and Urban De- velopment to carry ont a Community Development Block Grant Program which includes among other things tbe acquisitioo of certain real property for the developmeut of a site for Relocation of Engiue House No.1 from its present location at 18th and Central Avenue. WHEREAS, iu accordance with tbe Uniform Relocation Assistance and Real Property Acquisition Policies Act. ao independent appraisal and staff review of said appraisal of the real property hereinafter described bas been pre- pared on behalf of the City of Dubuque: and WHEREAS, the foregoing proposed acquisition has heretofore beeu review- ed and endorsed by the Community Development. Commission. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That the City Manager be and he is hereby authorized and directed to execute agreements of purchase and to do any and all things necessary and requisite including tbe affixing of the City seal to certain instruments to acquire tbe lee simple iuterest in tbe 101- lowing described parcels 01 Real Pro- perty Acquisition Policies Act. OW"" Lo", D""ip"M P,i,. Holld,yOa Northl""to'Lol23 $108,000 Di,tdb"""g, 1"" L"t 24 [.0125 Lotl o[[,"tl o[Lot" 1.012 "'Lol 1 0'Lot26 L"t 201 1.01 26 All i" G,R, W"t', D"h.. I~~~~ ~:;;,~\,?:~"~:' "",',dPI,lth",o!. Section 2. Tbat it is bereby found and determined tbat tbe appraisal and appraisal review for each of tbe parcels to be acquired have been prepared in a competent mauner as required by the policies and regulations of tbe Depart- ment of Housing and Urban Develop- ment. Passed, approved, and adopted tbis 31st day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Couucilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of tbe Resolution. Seconded by Council- man Wcrtzbergcr. Carried by the fol- lowing vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler. Wertzberger. Nays-none. Abstain-Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors for Receipt of Bids for construction of an addition to the Municipal Garage. pre- sented and read. Councilman Pregler moved that the proof of publication be received and Iiled. Seconded by Mayor Stack is. Carried by the following vok Ye",-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none, October 26, 1977 To tbe Honorable Mayor and City Council Pu",uant to your iustructions sealed bids were received on October 25, 1977 [or tbe Municipal Garage Addition. The lowest bid w", entered by J.P, Cullen and Son Construction Company. Their bid was 10.36% below the engi- neer', estimate. I would recommend that the contract be awarded to J.P. Cullen and Son Cons- truction Company. Gilbert D. Chavenelle City Manager 554 Special Session,October31, 1977 Regular Session, November 7, 1977 555 Councilman Pregler moved that the communication be received a'hd filed. Seconded by Mayor Stackis. Carried hy the Iollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. (Awarding Contract) RESOLUTION NO. 450.77 WHEREAS, sealed proposals bave been submitted by contractors lor tbc Municipal Garage Addition pursuant to Resolution No. 413-77 and notice to bid- ders published ina newspaper published in said City on October 7,1977: and WHEREAS, said sealed proposals were opened and read on October 25. 1977, and it has heen determined that the bid of J.P. Cullen and Son Construct- ion Company of Dubuque, Iowa in the amount of $188,358 was the lowest bid for the furnishing of all labor and mater- ials and performing the work as provid- ed for in the plans and specifications: now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned im- provement be awarded to J.P. Cullen and Son Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT li'URTHER RESOLVED. that upon the signing 01 said contract and the approval of the contractors hond the City Treasurer is authorized and in- structed to return the bid deposits to the unsuccessful hidders, Passed and adopted this :J1st day of October, 1977. Emil Stackis Mayor Wchard Wertzberger James F:. 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, Coun<:ilmen Brady, Pregler. Wertzb,,'ger. Nays-none. Abstain-CounÓlman Tully. Commuuication of Fire Cbief Dunphy requesting permission to go to bid for the new modular type ambulance, pre- sented and read. Councilmao Wertzber- gcr moved tbat the request be granted. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication ofCET A Coordinator submittiug CET A Title VI Contract for fiscal year 1978 and requesting approval of new contracts subject to Council approval, prc'tnted and read. Council- man Brady moved that the contract be rejected. MOTION DIED FOR I,ACK OF A SECOND. Councilmau Wertzber- ger moved that tbe program be adopted and Mayor be instructed to sign contract. Seconded by Councilman Preg- ler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully, Wertzberger. Nays-Councilman Brady. There being no further business, Councilman Tully moved that the meet- iog adjourn. Seconded by Councilman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Couucilmen Brady. Pregler, Tully, Wertzberger. Nays-none. CITY COUNCIL OFFICIAL Regular Session, November 7, 1977. Council met at 7:30 P.M. IC.S.T.I Present-Mayor Stackis, Couucilmen Brady, Pregler, Tully. City Manager Gil- bert D. Chavenelle. Absent-Councilman Wertzberger. Mayor Stackis read tbe call and stated that sèrvice thereof had been duly made and this is THE REGULAR MONTHL Y MEETING 01 the Couucil called for the purpose of acting upou sucb business as may properly come before the Meeting. Invocation was given by Rev. MarkM. Gurman 01 Se,ventb Day Adventist Churcb. Proclamations proclaiming week of November 6 thru 12 as "Children With Learning Disabilities Week" and week of November 13th to 19th as "American Education Week" were read, approved and signed by Mayor Stackis. Communication of Board of Dock Commissioners submitting minutes of their meetings of October 5 and October 19, 1977, presented and read. Couucil- man Tully moved tbat the minntes be received and filed. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-noue. Absent-Councilmau Wertzberger. Communication of Airport Commis- sion submittiug minutes of their meet- ing of October 13, 1977, presented aud read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzherger. Commuoication 01 Planniug & Zoning Commission submitting minutes of their meetings of October 11 and October 24. 1977, presented and read. Councilman Tully moved tbat the minutes be receiv- ed and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Communieatiou of Five Flags Civic Center submitting minutes 01 tbeir meetiug of October 18, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Leu F, Frommelt City Clerk Approved.................. . 1978 Adopted........ . 1978 -~-- ------ Councilmembers ATTEST: --~--- City Clerk Yeas-Mayor Stackis, Councilmen Bradv. Pregler, Tully. Nays-none. Abseut-Councilman Wertzberger. Communication of Five Flags Center 'Building Committee submitting minutes oftbeir meeting 01 October 12, 1977, also information secured on visit to Madison and Duluth Civic Centers, pr~sented and read. Councilman Tully moved that tbe minutes and information report be received and Iiled. Seconded by Council- man Pregler. Carried by tbe Iollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, 'fully. Nays-none. Absent-Còuncilmau Wertzberger. Communication of Playground and Recreation Commission submitting min- utes of their meeting 01 October 17, 1977, presented and read. Councilman Tully moved that the minutes be received aud filed. Seconded hy Councilmau Pregler. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilmau Wertzberger. Communication of Housing Rehabll1- tation Commission submitting minutes of their meeting of October 25, 1977, pre- sented and read. Councilman Tully moved tbat the minutes be received and Iiled. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Couucilmen Brady, Pregler, Tully. Nays-nòne. Absent-Councilman Wertzberger. Commuuication of Housing Commis- sion submitting minutes 01 their mcet- iug of October 18, 1977, presented and read. Councilman Tully moved tbat the minutes be received and filed. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas-Mavor Stackis. Councilmen Bradv. Pregler, T~lIy. Nays-none. Absent-Councilman Wcrtzberger. Communication of Dubuque Citizens Advisory Commissiou submitting min- utes of tbeir meeting of October 25, 1977, presented and read. Councilman Tully moved that the minutes be received and Iilcd. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Nays-none. Abscnt-Councilmau Wertzberger, Communication of Five Flags Center Commission submitting minutes of their mcetiug of November 1, 1977 also Spec- ial Memorandum to the Council, prescnt- ..~----~-~_..