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1976 July Council Proceedings 316 Special Session, June 29, 1976 CITY COUNCIL OFFICIAL Special Session, June 29,1976. Council met at 10:00 A.M.(C.D.T.) Present - Councilmen Brady, Stackls, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Absent- Mayor Lundh. Mayor Pro-Tern Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of RECEIVING PROPO- SALS FOR THE CONSTRUCTION OF IMPROVEMENTS AND EXTENSIONS TO THE MUNICIPAL WATERWORKS PLANT AND SYSTEM and acting upon such other business as may properly come before a Reguiar Meeting of the Council. Proof of Publication, certified to by the Publisher of Notice to Contractors of the Receipt of Proposals for the con- struction of Improvements and Exten- sions to the Municipal Waterworks. presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro-Tern Stackis. Councilmen Brady. Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. The following bids were presented and read: Item 1 - Water Treatment Plant Expansion Name 01 Bidder Amount 01 Bid Barbarossa & Sons Inc. ... $4,453,000. Bay-Con Corporation. . . .. $4,186,000. J.P. Cullen & Sons. . . . . . .. $3.837.322. Lysne Construction Inc. ... $5,024,000. PMW Construction Inc. ... $5,340,000. lIem 2 - Water Plant Solids Handling Facilities Wilh Vacuum Fillers Name 01 Bidder Amount of Bid Barbarossa & Sons Inc. ... $2.362,000. Bay.Con Corporation. . . .. $2.545,000. J. P. Cullen & Son........ $2,060,737. Lysne Construction Inc. .. . $2,441,068. PMW Construction Inc. ...' $3,150,000. Allemate lIem 2 - Water Plant SOlids Handling Facilities Wilh Pressure Filters Name of Bidder Amount 01 Bid Barbarossa & Sons Inc. ... $2,750,000. Bay-Con Corporation..... $2,745,000. J.P. Cullen & Son. . . . . . . .. $2,310,191. Lysne Construction Inc. ... $2,636,835. PMW Construction Inc. ... $3,280,000. Councilman Wertzberger moved that the Bids be received and filed and referred to the Council and City Man- ager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro-Tern Stnckis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. There being no further business, Councilman Tully moved to adjourn the meeting to July 6, 1976, at 7:30 P.M. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Leo F. Frommelt City Clerk Approved.... ... 1976 Adopted.... .. ................ Councilmen Attest: ..... City Clerk Regular Session, July 5, 1976 319 iCITY COUNCIL OFFICIAL Regular Session, July 5, 1976. . No members of the Council being present, the meeting was adjourned . subject to call. Councilmen .......-..... City Clerk 1976 316 Special Session, June 29, 1976 CITY COUNCIL OFFICIAL Special Session, June 29,1976. Council met at 10:00 A.M.(C.D.T.) Present - Councilmen Brady, Stackis, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Aboent- Mayor Lundh. Mayor Pro-Tern Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of RECEIVING PROPO. SALS FOR THE CONSTRUCTION OF IMPROVEMENTS AND EXTENSIONS TO THE MUNICIPAL WATERWORKS PLANT AND SYSTEM and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher of Notice to Contractors of the Receipt of Proposals for the con- struction of Improvements and Exten- sions to the Municipal Waterworks, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro-Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. The following bids were presented and read: lIem 1 - Water Treatment Plant Expansion Name of Bidder Amount 01 Bid Barbarossa & Sons Inc. ... $4,453,000. Bay-Con Corporation..... $4,186,000. J.P. Cullen & Sons........ $3,837,322. Lysne Construction Inc. . .. $5,024,000. PMW Construction Inc. ... $5,340,000. lIem 2 - Water Plant Solids Handling Facilities Wilh Vacuum Fillers Name 01 Bidder Amount of Bid Barbarossa & Sons Inc. ... $2,362,000. Bay-Con Corporation. . . .. $2,54,5,000. J. P. Cullen & Son. . . . . . .. $2,060,737. Lysne Construction Inc ... $2,441,068. PMW Construction Inc. ...' $3,150,000. Regular Session, July 5, 1976 319 Allemate lIem 2 - Water Plant Solids Handling Facilities With Pressure Filters Name of Bidder Amount 01 Bid Barbarossa & Sons Inc. ... $2,750,000. Bay-Con Corporation. . . .. $2,745,000. J.P. Cullen & Son. . . . . . . .. $2,310,191. Lysne Construction Inc. ... $2,636,835. PMW Construction Inc. ... $3,280,000. Councilman Wertzberger moved that the Bids be received and filed and referred to the Council and City Man- ager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro-Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. There being no further business, Councilman Tully moved to adjourn the meeting to July 6, 1976, at 7:30 P.M. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Regular Session, July 5, 1976. No members of the Council being present, the meeting was adjourned subject to call. ............. ATTEST: Councilmen ................. ............... City Clerk Approved...... . 1976 Adopted........ . 1976 Councilmen Attest: .. City Clerk 320 Meeting of July 6, 1976 Meeting of July 6, 1976 321 CITY COUNCIL OFFICIAL Meeting of July 6,1976. Adjoumed special session of June 29,1976 and regular session of July 5, 1976. Council met at 7:30 p.m. (C.D.T.) Present-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this meeting is called as AN AD- JOURNED SPECIAL SESSION OF JUNE 29th and also AN ADJOURNED REGULAR SESSION OF JULY 5,1976, called for the purpose of acting upon such business as may properly come before the meeting. Proclamation from Dubuque Softball Hall of Fame Board requesting Mayor to proclaim August.6, 1976, as "Dubuque Softball Hall of Fame Day" was read and so proclaimed. State Representative Thomas Jo- chum congratulated the City on being a recipient of a "Community Betterment Road Sign" as evidence of Dubuque's participation in the 1976 Iowa Com- munity Betterment Program. Communication of Playground & Recreation Commission submitting minutes of their meetings of June 14, 1976 and June 28, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Airport Commission submitting minutes of their meeting of June 23, 1976, presented and read. Counciiman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilm~n Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Community Development Commission submitting minutes of their meeting of June 15, 1976, presented and read. Councilman Stackis moved that the minutes tie received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Board of Dock Commission submitting minutes of their meeting of June 23,1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Citizens Advisory Commission submitting minutes of their meeting of June 22, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wert:zberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communications of Iowa Depart- ment of Environmental Quality issuing construction permits for Water Treat- ment and Solids Handling Facilities AND Water Main Extension of Buena Vista Subdivision, presented and read. Councilman Tully moved tbat the com- munications be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wert:zberger. Nays-None. Communication of Dr. & Mrs. James O'Brien showing concern over the proposal to replace the Educational Channel 11 with the new extra charge per month channel, presented and read. Councilman Wertzberger moved that the communication be received and filed and referred to the TV Cabie Com- mission, City Manager and City Solici- tor. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dock Commission advising that the City Attorney has been requested for advice as to proposed sale of R.R. Tracks at Gelatin and American Builders. presented and read. Councilman Wertzberger moved that the communication be referred to the City Manager. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Community Development Commission indicating concern for the program developed during the past six months and starting to solicit programs for 1977 Budget and set August 30th as application deadline, presented and read. Councilman Wertzberger moved that the commu- nication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. July 1, 1976 Honorable Mayor and Councilmen The petition of Mr. L. C. Wolff regarding zoning classification of property on Sullivan Street has been pending before the City of Dubuque Planning and Zonning Commission, on your referral. This is to inform you that this matter is now considered to have been with- drawn due to non-payment of zoning application fees, as specified in Section 10-101 of Article X of the Zoning Ordi- nance No. 32-75. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June 22, 1976 Honorable Mayor and City Council 1 submit for your consideration a contract for a street maintenance payment from the State Department of Transportation for the period of July 1, 1976 through June 30. 1977. The payment of $4,778.00 is the same amount paid to the city during the previous year. I request that you approve the agreement and authorize me to sign it on behalf of the city. Gilbert D. Chavenelle City Manager Councilman Stackls moved that the communication be received and filed and City Manager authorized to sign Agreement. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady. Stackis, Tully, Wertzberger. Nays - None. June 29, 1976 Honorable Mayor and City Council The City of Dubuque, Iowa and Wil- liam F. Ewalt and Eva L. Ewalt com- menced an action against Dubuque County, Iowa, Wilfred BahI, Raymond J. Scherrmann and Donald C. Meyers, members of the Board of Supervisors of Dubuque County, Iowa, Robert L. Didesch, administrative officer and Harold P. Meloy, Dubuque County Auditor claiming tbat the action of the majority of Board of Supervisors was arbitrary in' rezoning certain property from Conservancy District to Heavy Industrial District to accommodate the operation of Edward D. Tschiggfrie, d/b/a Tschiggfrie Excavating, excavator. The matter was heard before L. J. Degnan, Judge. on the 15th day of April, 1976 and on the 23rd day of June, 1976, Judgment and Decree was rendered in favor of the defendants and against the plaintiffs. Costs have been assessed against the plaintiffs. Copy of the Judgement and Decree in Equity No. 82420 is attached hereto. R.N. Russo City Attorney City Attorney Russo addressed the Council and recommended no further action be taken. Mayor Lundh moved that the communication be received and filed and City Attorney's verbal recom- mendation be approved. Seconded by Councilman Wertzberger. Carried by tbe following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. Notice of Claim of Emily J. Kowalski, in an undetermined amount, of personal injuries received in a fall on a defective sidewalk at 311 E. 22nd Street on June 3, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. July 2, 1976 Honorabie Mayor and City Council 1 submit for your consideration an ordinance requiring vehicles travelling south on Oak Crest to stop at Berkley Street. The traffic committee has reviewed the proposal and I recommend the or- dinance to you. Gilbert D. Chavenelle City Manager 322 Meeting of July 6, 1976 Meeting of July 6, 1976 Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 29-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 11 TO SECTION F OF SCHEDULE III THEREOF TO PROVIDE THAT SOUTHBOUND VEHI- CLES ON OAK CREST DRIVE MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BERKLEY STREET, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 29-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION II. TO SECTION F. OF SCHEDULE III THEREOF TO PROVIDE THAT SOUTHBOUND VEHI- CLES ON OAK CREST DRIVE MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BERKLEY STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFDUBUQUE,IOWA: . Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended be and the same is hereby amended by enacting a new Subsection II. to Section F. of Schedule III thereof as follows: "Schedule III. F. Southbound vehicles must stop before entering the intersection of: 11. Berkley Street and Oak Crest Drive." Passed, approved and adopted this 323 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen TERRACE TO THE NORTH LINE OF ARLINGTON STREET FROM 12th STREET; ARLINGTON STREET FROM GROVE TERRACE TO THE WEST LINE OF HIGHLAND PLACE, presented and read. Councilman Stackis moved that the reading just had been considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of July 1976. Leo F. Frommelt City Clerk It 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays - None. July 2, 1976 ORDINANCE NO. 30-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY REPEALING SECTION I OF SCHEDULE II THEREOF AND ENACT- ING A NEW SECTION I TO SCHEDULE II IN LIEU THEREOF TO PROVIDE THAT WEST 12th STREET BE DESIG- NATED A THRU STREET FROM THE WEST LINE OF CENTRAL AVENUE TO THE WEST LINE OF BLUFF STREET: THENCE TO THE WEST PROPERTY LINE OF GROVE TERRACE: GROVE TERRACE TO THE NORTH LINE OF ARLINGTON STREET FROM 12th STREET: ARLINGTON STREET FROM GROVE TERRACE TO THE WEST LINE OF HIGHLAND PLACE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA; Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amended by repealing Section I of Schedule II thereof and enacting a new Section I to Schedule II in lieu thereof as follows: Honorable Mayor and City Council I submit to you an ordinance amend- ing the traffic ordinance so that 12th Street is properly described as a stop street. This revision is necessary because of the recently passed ordinance requiring eastbound vehicles travelling on 12th Street to stop at the intersection of Bluff Street. 1 request your favorable considera- tion of this ordinance change. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 30-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY REPEALING SECTION I OF SCHEDULE II THEREOF AND ENACT- ING A NEW SECTION I TO SCHEDULE II IN LIEU THEREOF TO PROVIDE THAT WEST 12th STREET BE DESIG- NATED A THRU STREET FROM THE WEST LINE OF CENTRAL AVENUE TO THE WEST LINE OF BLUFF STREET; THENCE TO THE WEST PROPERTY LINE OF GROVE TERRACE; GROVE "Schedule II I. West 12th Street from the west line of Central Avenue to the west line of Bluff Street; thence to the west property tine of Grove Terrace; Grove Terrace to the north line of Arlington Street from 12th Street; Arlington Street from Grove Terrace to the west line of High- tandPlace." Passed, approved and adopted this 6th day of Juty, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of July 1976. It 7/9 Leo F. Frommelt City Cterk Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. June 17, 1976 To the Honorable Mayor and City Council Attached is an ordinance creating the office of Public Works. The Director of Public Works would be responsible for the construction and operation of all public works with the exception of the public water system. This person would be responsible for the management of all city activities relat- ing to engineering, street programs, storm and sanitary sewer maintenance and construction, waste water treat- ment and refuse operations and main- tenance of all city equipment. Your approval of this ordinance Is requested. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 31-76 AN ORDINANCE CREATING THE OF- FICE OF DIRECTOR OF PUBLIC WORKS, PROVIDING THE QUALIFICATION OF SAID OFFICE AND THE APPOINTMENT OF A DI- RECTOR OF PUBLIC WORKS, said Ordinance having been previously presented and read at the the Council meeting of June 21, 1976, presented for final adoption. Councilman Stackis moved that the 324 Meeting of July 6, 1976 reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Stackis. Councilman Siackis movèd that the rule reqUiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Siackis. ORDINANCE NO. 31-76 AN ORDINANCE CREATING THE OF- FICE OF DIRECTOR OF PUBLIC WORKS, PROVIDING THE QUALIFICATION OF SAID OFFICE AND THE APPOINTMENT OF A DI- RECTOR OF PUBLIC WORKS. Section 1. There is hereby created the office of Director of Public Works of the City of Dubuque and said office shall be charged with the responsibility for con- struction and operation of public works, and shall have the responsibility for directing the activities of several divi- sions comprising the Public Works Department, including water system, engineering, street maintenance, sani- tary and storm sewerage, waste water treatment, refuse collection and dispo- sal and maintenance garage. . . Section 2. The Director of Public Works must be a person competent in public works with extensive knowledge of public works administration, design construction and maintenance of streets, sewers and other public works facilities and services. Section 3- The City Manager of the City of Dubuque shall appoint a compe- tent person to fill the office of Director of Public Works. This person shall hold said office during the pleasure of the City Manager. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Hemld Newspoper this 9th day of July 1976. Leo F. Frommelt City Clerk 11 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Stackis. Proof of Publication, certified to by the publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance to extend the effective date of provisions regulating the parking and storage of vebicles within residential districts, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 32-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO EXTEND THE EFFECTIVE DATE OF PROVISIONS, KNOWN AS SEC- nON 5-101.4 REGULATING THE PARKING AND STORAGE OF VEHI- CLES WITHIN RESIDENTIAL DISTRICTS, presented and read. Councilman Stackis moved that tbe reading just had been considered tbe first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Lundb, Councilmen Brady, Stackis. Tully, Wertzberger. Nays - None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 32-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO, 32-75, KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS Meeting of July 6, 1976 325 TO EXTEND THE EFFECTIVE DATE OF PROVISIONS, KNOWN AS SEC- TION 5-101.4 REGULATING THE PARKING AND STORAGE OF VEHI- CLES WITHIN RESIDENTIAL DISTRICTS NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' Section 1. That Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, 10wa" be and the same is hereby amended by repealing Section 12-101, Enectlve Date 01 Ordinance Provisions, and by adopting a new Section 12-101, as follows: ARTlCLE xu ADOPTlON AND REPEAL OF CONFL1CTlNG ORDINAN- CES Section 12-101 Effective Date of Or- dinance Provisions This Ordinance shall be in force and effect ten (10) days from and after its final possoge, adoption, and publication as provided by law, except the provi- sions of Section 5-101.4 of this Ordi- nance reguiating the parking and stor- age of vehicles within residential dis- tricts, which provisions shall be in force ond effect beginning on October 1, 1976." Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A . Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen AITEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 9th day of July 1976. Leo F. Frommelt City Clerk 11 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. July 2, 1976 To the Honorable Mayor and City Council The bids for the water plant expan- sion and solids removal handling facili- . tites were $1,266,071 under the engi- neer's projections. As a result of this lower bid, the revenue bond issue can be reduced from $7 million to $5.7 million, or $1,300,000 (see Exhibit 1). As a result of the reduced require- ments for revenue bond funds, the debt service for financing the project will be reduced. In recongnition of this reduc- tion in debt service cost, we are propos- ing reducing water rates $103,300 per year (Exhibit 2). This amendment to the rate structure represents a reduction of revenue of $2,066.000 over 20 years. In the amendment of our rate struc- ture, we are proposing changing the minimum charge from $2.00 to $1.90 per month. We are also proposing a reduc- tion in char~es for the succeeding three steps in the rate structure. We believe tbis adjustment in rates is significant, particularly for those accounts now paying minimum bills. For example, a customer under our old rate structure, who was using 200 cubic feet per month would pay a minimum charge of $2.00. Under the proposed rate structure that same customer will be paying $1.90 per month, or a 5% reduction. The proposed rate structure also reflects a significant reduction in percentage increases for the other top steps of the rate structure. We would recommend the Council's favorable position on the proposed rate structure and adoption of an ordinance establishing these new rates. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Wertzberger moved to adopt City Manager's proposal on Ex- hibit 2 as amended. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 33-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 15-76 BY REPEALING SECTION I AND SECTION 2 THEREOF AND ENACTING A NEW SECTION 2 IN LIEU THEREOF FIXING AND ESTAB- LISHING RATES TO BE CHARGED FOR THE FURNISHING OF WATER FOR RESIDENTIAL, COMMERICAL, INDUSTRIAL AND OTHER USES AND PURPOSES WITHIN AND WITHOUT THE CITY OF DUBUQUE, IOWA, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- 326 Meeting of July 6, 1976 "inance. Seconded by Councilman Wertzberger. Carried by the following vote: I Yeas - Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 33-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 15-76 BY REPEALING SECTION I AND SECTION 2 THEREOF AND ENACTING A NEW SECTION 21N LIEU THEREOF FIXING AND ESTAB- LISHING RATES TO BE CHARGED FOR THE FURNISHING OF WATER FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER USES AND PURPOSES WITHIN AND WITHOUT THE CITY OF DUBUQUE,IOWA. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 15-76 be and the same is hereby amended by repealing Section 1 thereof and enacting a new Section 1 in lieu thereof to provide as follows: "RATES FIXED" Section 1. Commencing with all meter readings on July 9th, 1976 the rates to be charged for water for res- idential, commercial, industrial and other uses and purposes by any person, firm or corporation supplying water within the corporate limits of the City of Dubuque. Iowa, shall be and they are fixed and detennined as follows: (AI Water Rates for users within the City of Dubuque, Iowa, whose meters are read Monthly, shall be as follows: First 200 cubic feet per month, $1.50: Next 800 cubic feet per month, .75 per hundred cubic feet; Next 2,000 cubic feet per month. 75 per hundred cubic feet; Next 12,000 cubic feet per month, .57 per hundred cubic feet; Next 35.000 cubic feet per month, .50 per hundred cubic feet; Next 50,000 cubic feet per month, .43 per hundred cubic feet; and Over 100,000 cubic feet per month, .38 per hundred cubic feet. The Minimum Monthiy charge ac- cording to size of meters, shall be as follows: '"'\ - - -- %" 1.50 allowance, 200 cubic feet; *" 6.00 allowance, 800 cubic feet; 1" 10.00 allowance, 1,300 cubic feet; H4" 16.00 allowance, 2.100 cubic feet; 1W' 20.00 allowance, 2,600 cubic feet; 2" 32.00 allowance, 4,600 cubic feet; 3" 64.00 allowance, 10,600 cubic feet; 4" 100.00 allowance, 16,800 cubic feet; 6" 200.00 allowance, 36,800 cubic feet; and 8" 320.00 allowance, 62,500 cubic feet. (B) Water rates for users within the City of Dubuque, Iowa, whose meters are read Bi-Monthly, shall be as follows: First 400 cubic feet per period. $3.00; Next 1,600 cubic feet per period, .75 per hundred cubic feet; Next 4,000 cubic feet per period, .75 per hundred cubic feet; Next 24,000 cubic feet per period, .57 per hundred cubic feet; Next 70,(()(J cubic feet per period, .50 per hundred cubic feet; Next 100,000 cubic feet per period, .43 per hundred cubic feet; and Over 200.000 cubic feet per period, .38 per hundred cubic feet. The Minimum Bi-Monthly charge ac- cording to size of meter shall be as follows: %" $3.00 allowance, 400 cubic feet; *" 12.00 allowance, 1,600 cubic feet; I" 20.00 allowance, 2,600 cubic feet; 1\4" 32.00 allowance, 4,200 cubic feet; Hi" 40.00 allowance, 5,300 cubic feet; and 2" 64.00 allowance, 9,300 cubic feet. Section 2. That Ordinance No. 15-76 be and the same is hereby amended by repealing Section 2 thereof and enacting a new Section 2 in lieu thereof to provide as follows: "Section 2. Commencing with all meter readings on and after July 9th, 1976, the rates to be charged for water supplied by the City Water Department to residential, commercial, industrial and other uses and purposes by any person, finn or corporation, outside the corporate limits of the City of Dubuque, Iowa shall be the same rates provided in Section 1, hereof plus an additional fifty (50%) per cent to the rates listed in Section I, hereof." Section 3. This ordinance shall be in full force and effect on July 9th, 1976 after its passage, adoption and publica- tion as required by law. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Meeting of July 6, 1976 ATTEST: Leo F. Frommelt City Clerk published officially in the Telegraph Herald Newspaper this 9th day of July 1976. Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of John Glynn etal (9 signers) requesting installation of a street light between Pennsylvania & Illinois Streets, presented and read. Mayor Lundh moved that the petition be received and filed and Manager's recommendation for installation be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk It 7/9 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Perition of Andy Frommelt request- ing consideration in the possible pur- chase of Lot 51 in Rosedale Addn., pre- sented and read. Councilman Stackis moved that the petition be received and I filed and referred to the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Dubuque Rotary Club requesting permission to conduct an Auction in tbe Town Clock Plaza either September 18th or 25th, 1976, presented and read. Councilman Wertzberger moved to suspend the rules to let an- yone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Mr. Don Osborne spoke to the Coun- cil relative to the petition. Councilman Tully moved that the petition be referred the the City Manager for recommendation. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Leo A. Adams et al (25 signatures) indicating tbat they are now in favor of resurfacing of English Lane during 1976 after reconsideration of being against resurfacing a previous petition, presented and read. Paul Fitzsimmons and Tom Goodman of English Lane area addressed the Council relative to the petition. Mayor Lundh moved that the petition be received and filed and referred to the City Manager for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilman Petition of Anna Kenniker et al (191 signers), a group of senior citizens, requesting establishment of reduced water rates, presented and read. Coun- cilman Stackis moved that the petition be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Charles Hemmer et ux requesting vacation of alley behind Lots 11 & 12 in Watters Subdivision, pre- sented and read. Councilman Stackis moved that the petition be referred to the City Manager. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Jane Skelly, Clarke Social Board Chairperson, requesting permis- sion to conduct their Homecoming par- ade on October 9, 1976, presented and read. Mayor Lundh moved that the pe- tition be received and filed and ap- proved andreferred to the City Manager for coordination. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays - Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for recon- struction of Jackson Street from 12th to 22nd Street, presented and read. Coun- cilman Wertzberger moved tbat the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 327 328 Meeting of July 6, 1976 Meeting of July 6, 1976 June 29,1976 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., C.D.T., Friday June 25, 1976 for the reconstruction of Jackson Street from I2th Street to 22nd Street. The low bid was submitted by Tschiggfrie Excavating of Dubuque, Iowa with a bid of $74,586.23. This bid is 45.2% under the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating of Dubuque. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation approved. SecondeØ by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Awarding Contract) RESOLUTION NO. 239-16 WHEREAS, sealed proposals have been submitted by contractors for the reconstruction of Jackson Street from 12th Street to 22nd Street pursuant to Resolution No. 195-76 and notice to bidders published in a newspaper pub- lished in said City on June 3, 1976: June 10, 1976 and June 11, 1916: and WHEREAS, said sealed proposals were opened and read on June 25, 1976, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque in the amount of $74,586.23 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Tschiggfrie Excavating, subject to the concurrence of the Federal Highway Administration and the Manager be and he is hereby directed to execute a contract on behaif of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approvai of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 6th day of July. 1976. 329 Alvin E. Lundh Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen through June 30, 1976: BE IT FURTHER RESOLVED that the Auditor of State be requested to examine the financial conditions and transactions for all other city funds and official transactions for the fiscai period beginning July 1, 1975, through June 30, 1976. Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommeit City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 241-16 Authorizing the sale,lssuance and delivery of the project notes In the aggregate principal amount of $384,000 and the execution of requisition agreement no. 3-16 in connection with the Downtown Urban Renewal Prolect project no. Iowa R-15 WHEREAS, the City of Dubuque (therein called the "Locai Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") providing for a loan by the Government to.the Local Issuing Agency for financing the urban renewal, low-rent housing or redevelopment project(s). described in the Contract and herein called the "Project"; and July 1, 1976 Honorable Mayor and City Council In accordance with my letter of May 5, 1976, the enclosed resolution for ap- proval of the City of Dubuque 1915/76 fiscal year audit is submitted for your approval. G. D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 240-16 A resolution for approval of the City of Dubuque financial audit for the fiscal year beginning July 1, 1915,through June 30,1916. WHEREAS, Section 11.18, Code of Iowa, provides that the financial condi- tion and transactions of all cities and city officials shall be examined at least once per year; WHEREAS, examinations may be made by the Auditor of the State, or in lieu thereof, the local governing body may empIoy certified public accoun- tants, registered in the State of Iowa; and so notify the Auditor of State within sixty days after the close of the fiscal year to be examined: NOW THEREFORE, BE IT RE- SOLVED that the Certified Public Ac- counting Firm of O'Connor, Brooks and Company of Dubuque, Iowa, be en- gaged to audit the financial condition and transactions of the Water Utility, Parking and Sewage Facilities, for the Fiscal period beginning July 1, 1975, WHEREAS, pursuant to advertise- ment for the receipt of proposals for the purchase of the Third Series 1976 of Project Notes (herein sometimes called "New Project Notes") of the Locallssu- ing Agency aggregating $384,000, whicb appeared in a Notice of Sale published on June 8, 1976, and June 15, 1976,in the Telegraph-Herald in the City of Dubuque, Iowa. and in the Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said ad- vertisement, to wit: at Council Chambers, City Hall, 13th and Iowa, In the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T. on June 22, 1976, which proposals are as follows: (See chart at bottom of page.) NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publication of the Notice of Sale and the form and contents thereof as so published are hereby, in all respects, approved, rat- ified and confirmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby deter- mines to borrow the sum of Three Hundred Eighty-Four Thousand Dollars ($384,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and approves the form of each proposal hereinafter in this Section 3 enumerated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Name of Bidder Interest Principal Premium Key City Bank and Trust Company, Rate Amount Dubuque, Iowa 2.71% $384,000 0 Bank of' America. NT & SA, San Francis- co, Bankers Trust Company, Continen- tal lllinois National Bank & Trust Com- pany of Chicago, Merrill, Lynch, Pierce, Fenner & Smith, Inc. 2.93% $384,000 $8.00 Chemicai Bank, AU. Becker & Co., Mu- - nicipal Securities, Inc. 3.09% $384,000 $3.00 Salomon Brothers, Morgan Guaranty Trust Co. of New York 3.09% $384.00 330 Meeting of July 6, 1976 I Meeting of July 6, 1976 331 Principal Amount $384,000 Interest Rate 2.77% Section 4. Each Note shall be dated July 20, 1976, shall be payable as to both principal and interest to bearer, on November 12, 1976, and, pursuant to each proposal for the purchase of said Notes herein accepted, shall bear the rate of interest per annum, payable at $84,000 None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed In the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency impressed, imprinted or re- produced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-9010, which is incorporated herein by refer- ence, and shall be secured by an agreement entitled "Requisition Agreement No. 3-76" (herein called the "Requisition Agreement"), is substan- tially the form of HUD-9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Government. Section 6. The Requisition Agreement shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, im- printed or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and di- rected to cause the Requisition Agreement to be properly executed. Section 7. For the punctual payment of the principal of and interest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevoca- bly promises to pay any sums which may be received from the Government pursuant to the Requistion Agreement relating to such series of Project Notes Purchaser Key City Bank and Trust Company, Dubuque, Iowa maturity; shall bear the numbers and be in the denominations; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust company, as follows: and to take such other actions as may be required to complete the delivery trans- action in accordance with the terms of the letter to the paying agent. Passed, approved. and adopted this 6th day of July,1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Interest Purchaser Numbers Denominations Rate Key City Bank and Trust Company, Dubuque, Iowa 1-3 $100,000 Payable At $2.77% ATTEST: LeoF.Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to file a request for release of funds for certification of certain projects from HUD, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Community Development Projects, presented and read. No written objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays-None. Key City Bank and Trust Company Dubuque, Iowa and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Issuing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contribu- tions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obligations", "Ad- vance Notes" or "Permanent Notes") as issued in connection with the Project are hereby irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and termin- ate when monies or investment securi- ties convertibie into cash not later than the maturity date of the New Project Notes, sufficient and for the prupose of paying the principai and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with the provi- sions of the Requisition Agreement. Section 9. The City Treasurer is here- by authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substan- tially the form of HUD-9004, which is incorporated herein by reference, and to transmit therewith (a) the New Project Notes for which the addressee is the pay- ing agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter. June 29, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the proposal of the Community Develop- ment Department to undertake con- centrated residential rehabilitation pro- grams proposed forfourneighborhoods, as follows: I) West Fourth Street; 2) West Eleventh Street; 3) Washington Street Neighborhood, and 4) North Dubuque Neighborhood (partial). The Commission has found that the areas selected for residential rehabilita- tion are shown upon the Comprehen- sive Plan as residential areas, and that the proposed program is therefore in conformance with that plan. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 242-76 Approving the Neighborhood Im- provement Plan for the Fourth Street Neighborhood Community Development Project WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may undertake projects for utilizing appropriate public and private resources to eliminate slums and to prevent the development or spread of slums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended that the governing body may approve a project if it finds that a. A feasible method exists for the loca- tion of families who will be displaced from the area into decent, safe and sanitary dwelling accommodations within their means and without un- due hardship to such families; b. The neighborhood improvement plans conform to the general plan of the municipality as a whole' . '; and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the Fourth Street Neighborhood Commun- ity Development Project and encom- passing the area bounded and described as follows: Beginning at the intersection of the southerly right-of-way line of Dodge Street and the westerly right-of-way line of Bluff Street as extended; thence easteriy along the southerly right-of-way line of 332 Meeting of July 6, 1976 Dodge Street to its intersection with the easterly rigbt-of-way lifie of Iowa Street; tbence northerly along the easterly right-of-way line of Iowa Street to its intersection with the nortberly right-of-way line of First Street; thence westerly along the northerly right-of-way line of First Street to its intersection with the easterly rigbt-of-way line of the alley between Main and Iowa Streets; thence northerly along the easterly rigbt-of-way line of the alley between Main and Iowa Streets to its intersection with the northerly right-of-way line of Fourth Street; thence westerly along the northerly right-of-way line of Fourth Street to its intersec- tion with the easterly right-of-way line of.Locust Street; thence north- erly along tbe easterly right-of-way line of Locust Street to its intersec- tion with the northerly right-of- way line of Ninth Street; thence westerly along the northerly right-of-way line of Ninth Street to its intersection with the easterly right-of-way line of Prospect Street as extended; thence southerly along a line from said intersection to the intersection of the soutberly rigbt-of-way line of Dodge Street and the westerly right-of-way line of Bluff Street as extended, which is the point of beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque has made preliminary studies of the loca- tion, physical condition of the struc- tures. land use and environmental con- ditions of the Fourth Street Neighbor- hood Community Development Project area and has determined that the area is a blighted and deteriorating area and that it is detrimental to the inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 46% of tbe structures were found to contain deficiencies, that 17% of the structures are in need of major repair, that 29% of the structures are in need of minor repair and that there exists within the area various blighting conditions: and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque A Neighborhood Im- provement Plan for the Fourth Street Neighborhood Community Develop- ment Project; aod WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be dis- placed as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, IA: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Fourth Street Neighborhood Com- munity Development Project area, it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area sub- stantially impairs or arrests the sound growth of the City by reason of deter- iorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the general plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for tbe revitalization of the Project area by private enterprise. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully. Wertzberger. Nays - None. Meeting of July 6, 1976 333 RESOLUTION NO. 243-76 Approving the Neighborhood Im- provement Plan for the Eleventh Street Neighborhood Community Development Project WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may undertake projects for utilizing appropriate public and private resources to eliminate slums and to prevent the development or spread of slums and urban blight and to encourage needed urban rebabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation. provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended, that the governing body may approve a project if it finds that a. Á feasible method exists for the loca- tion of families who will be displaced from the area into decent, safe and sanitary dwelling accommodations within their means and without un- due hardship to such families; b. The neighborhood improvement plans conform to the general plan of the municipality as a whole" '; and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the Eleventh Street Neighborhood Com- munity Development Project and en- compassing the area bounded and de- scribed as follows: Beginning at the intersection of the easterly right-of-way line of Bluff Street and the southerly right-of- way line of Ninth Street; thence northerly along the easterly right- of-way line of Bluff Street to its intersection with the northerly right-of-way line of Fourteenth Street; thence westerly along the northerly right-of-way line of Fourteenth Street (also known as Loras Boulevard) to its intersection with the westerly right-of-way line of Alta Vista Street; thence south- erly along the westerly right-of- way line of Alta Vista Street to its intersection with the southerly right-of-way line of University Avenue; thence easterly along the southerly right-of-way line of University Avenue and tbe south- erly right-of-way line of Ninth Street to its intersection with tbe easterly right-of-way line of Bluff Street, which is the point of beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque has made preliminary studies of the loca- tion, physical condition of the struc- tures, land use and environmental con- ditions of the Eleventh Street Neigh- borhood Community Development Project area and has determined that the area is a blighted and deteriorating area and that it is detrimental to the inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 60% of the structures were found to contain deficiencies, that 13% of the structures are in need of major repair, that 43% of the structures are in need of minor repair and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque a Neighborhood Im- provement Plan for the Eleventh Street Neighborhood Community Develop- ment Project; and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be dis- placed as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Eleventh Street Neighborhood' Community Development Project area. it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area sub- stantially impairs or arrests the sound growth of the City by reason of deter- iorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, aod the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan 334 Meeting of July 6, 1976 with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the general plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for the revitalization of the Project area by private enterprise. Passed. approved and adopted thIS 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 244-76 Approving the Neighborhood Im- provement Plan lor the Washing- ton Street Neighborhood Com- munity Development Prolect WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may under- take projects for utilizing appropriate public and private resources to elimi- nate slums and to prevent the develop- ment or spread of siums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipal pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating struc- tures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended, tbat the governing body may approve a project if it finds that a. A feasible method exists for the location of families who will be dis- placed from the area into decent, safe and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; b. The neighborbood improvement plans conform to the general plan of the municipality as a whole' , ': and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the Washington Street Neighborhood Community Development Project and encompassing the area bounded and described as follows: Beginning at the intersection of the southerly right-of-way line of Elev~nth Street and the westerly right-of-way line of Central Ave- nue; thence easterly along the southerly right-of-way line of Eleventh Street to its intersection with the easterly right-of-way line of Elm Street; thence northerly along the easterly right-of-way line of Elm Street to its intersection with the southerly right-of-way line of Fourteenth Street; thence east- erly along tbe southerly right- of-way line of Fourteenth Street to its intersection with the easterly right-of-way line of Sycamore Street tbence northerly along the easterly right-of-way line of Sycamore Street to its intersection with the northerly right-of-way line ofSixteenth Street; thence westerly aiong the northerly right-of-way line of Sixteenth Street to its inter- section with the easterly right-of- way line of Elm Street; thence northeriy along the easterly right- of-way line of Elm Street to its intersection with the northerly right-of-way line of Twentieth Street; thence westerly along the northerly right-of-way line of Twentieth Street to its intersection with the westerly right-of-way line of Central Avenue; thence souther- ly along the westerly right-of-way line of Central Avenue to its inter- section with the southerly right-of-way line of Eleventh Street, which is the point of beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque has made preliminary studies of the loca- tion, physical condition of the struc- tures, land use and environmental con- ditions of the Washington Street Neighborhood Community Develop- ment Project area and has determined that the area is blighted and deteriorat- ing area and that it is detrimental to the Meeting of July 6, 1976 335 inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 74% of the structures were found to contain deficiencies, that 49% of the structures are in need of major repair, that 24% of the structures are in need of minor repair, and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque a Neighborhood Im- provement Plan for the Washington Street Neighborhood Community Development Project; and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neighborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be dis- placed as a result of carrying out the Project in accordance with the Pians:¡ now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the Washington Street Neighborhood Community Development Project area, it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area sub- stantially impairs or arrests the sound growth of the City by reason of deter- iorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the I general plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whoie, for the revitalization of the Project area by private enterprise. Passed, approved and adopted this 6th day of July, 1976. AIvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 245-76 Approving the Neighborhood Im- provement Plan lor the North Dubuque Neighborhood Com- munity Development Project (Area 2A) WHEREAS, under the provisions of Chapter 403 of the Code of Iowa, as amended, municipalities may undertake projects for utilizing appropriate public and private resources to eliminate slums and to prevent the development or spread of slums and urban blight and to encourage needed urban rehabilitation; and WHEREAS, such a municipai pro- gram may include, without limitation, provision for the rehabilitation or con- servation of slums or blighted areas or portions thereof by the provision of public improvements, by encouraging voluntary rehabilitation and by com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; and WHEREAS, it is provided in Section 403.5 of the Code of Iowa, as amended, that the governing body may approve a project if it finds that a. A feasible method exists for the location of families who will be dis- placed from the area into decent, safe and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; b. The neighborhood improvement plans conform to the genera! plan of the municipality as a whole" '; and WHEREAS, the City of Dubuque proposes to carry out a community development project identified as the North Dubuque Neighborhood Com- munity Development Project (Area 2A) and encompassing the area bounded and described as follows: Beginning at the intersection of the 336 Meeting of July 6, 1976 southerly right-of-way line of Twentieth Street and the westerly right-of-way line of Central Ave- nue; thence easterly along tbe southerly right-of-way line of Twentieth Street to its intersection with the easterly right-of-way line of Elm Street; thence north along the easterly right-of-way line of Elm Street to its intersection with the southerly right-of-way line of Twenty-Second Street; thence east- erly along the southerly right-of- way line of Twenty-Second Street to its intersection with the easterly right-of-way line of the southerly extension of Pinard Street; thence northerly along the easterly right- of-way line of the southerly exten- sion of Pinard Street and along the easterly right-of-way line of Pinard Street to its intersection with the nortberly right-of-way line of Twenty-Seventh Street; thence westerly along the northerly right -of-way line of Twenty-Seventh Street to its intersection with the westerly right-of-way line of Cen- tral Avenue; thence southerly along the westerly right-of-way line of Central Avenue to its intersec- tion with the northerly right of way line of Diagonal Street; tbence westerly along the northerly right of-way line of Diagonal Street to its intersection with the westerly right-of-way line of Broadway Street; thence southerly along the westerly right-of-way line of Broadway Street to its intersection with the southerly right-of-way line of Twenty-Fourth Street; thence easterly along the southerly right- of-way line of Twenty-Fourth Street to its intersection with the westerly right-of-way line of Cen- tral Avenue; thence southerly along the westerly right-of-way line of Central avenue to its intersection with the northerly rigbt-of-way line of Twenty-Third Street; thence westerly along the northerly right-of-way line of Twenty-Third Street to its intersection with the northerly extension o~Nortb Main Street; thence southerly along the northerly extension of North Main Street and along North Main Street to its intersection with the south- erly right-of-way line of Twenty- Second Street; thence easterly along the southerly right-of-way line ofTwenty-Second Street to its intersection with the westerly right-of-way line of Central Ave- nue; thence southerly along the westerly right-of-way line of Cen- tral Avenue to its intersection with the southerly right-of-way line of Twentieth Street, which is the point of beginning. all in the City of Dubuque, State of Iowa; and WHEREAS, the City of Dubuque bas made preliminary studies of the loca- tion, physical condition of tbe struc- tures, land use and environmental con- ditions of the North Dubuque Neigh- borhood Community Development Project (Area 2A) and has determined that the area is a blighted and deterior- ating area and that it is detrimental to the inhabitants and users thereof and of the City of Dubuque at large, inasmuch as said studies reveal that 48% of the structures were found to contain deficiencies, that 12% of the structures are in need of major repair, that 35% of the structures are in need of minor repair and that there exists within the area various blighting conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Dubuque a Neighborhood Im- provement Plan for the North Dubuque Neighborhood Community Develop- ment Project (Area 2A); and WHEREAS, the Dubuque Planning and Zoning Commission has by resolu- tion found that the Neigbborhood Im- provement Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, it is not proposed that any individuals or families will be displaced as a result of carrying out the Project in accordance with the Plans; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque. Iowa: Section 1. Tbat, based upon the preliminary studies of the location, physical condition of structures, land use, and environmental conditions in the North Dubuque Neighborhood Community Development Project area (Area 2A), it is hereby found and deter- mined that the Project area is a blighted area and qualifies as an eligible Project area under Chapter 403 of the Code of Iowa, as amended, and the Project area substantially impairs or arrests the sound growth of the City by reason of deteriorated or deteriorating structures. Section 2. That the said Neighbor- hood Improvement Plan having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Neighborhood Improvement Plan Meeting of July 6, 1976 337 with the minutes of this meeting. Section 3. That it is hereby found and determined that the Neighborhood Plan for the Project area conforms to the general Plan for the development of the City, as a whole. Section 4. That it is hereby found and determined that the above mentioned Neighborhood Improvement Plan for the Project will afford maximum op- portunity, consistent with the sound needs of the City as a whole, for the revitalization of the Project area by private enterprise. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 246-76 Authorizing Publication 01 Notice 01 Environmental Review Findings for Certain Community Develop- ment Block Grant ProJects WHEREAS, tbe City of Dubuque under dates of May 15, 1975, and June 9, 1976, entered into Grant Agreements B-75-MC-19-0004 and B-76-MC-19-0004 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urhan Development, environmental reviews have been processed for the projects hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED by tbe City Coun- cil of the City of Dubuque, Iowa: SECTION 1. That the City Clerk be and he is hereby authorized and di- rected to publish a Notice of Finding of No Significant Effect on the Environ- ment for the following identified projects, and to make the Environ- mental Review Record for each of the said projects available for public in- spection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Rehabilitation Loan and Grant Pro- gram in Four Community Develop- ment Project Areas Emergency Home Repair Program in Four Community Development Project Areas Tool Lending Library Sponsored by Washington Tool Library, Inc., a non-profit corporation SECTION 2. That the City of Du- buque hereby declares its intent to adopt a resolution on August 2. 1976, authorizing the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds authorized under Title 1 of the Housing and Community Development Act of 1974. to undertake the projects. Passed, approved and adopted this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: LeoF. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community Development Block Grant Program, the City of Dubuque has prepared Notices of Finding of No Significant Effect on the Environment for the Projects iden- tified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Rehabilitation Loan and Grant Program in Four Community Development Project Areas Emergency Home Repair Program in Four Community Development Project Areas Tool Lending Library Sponsored hy Washington Tool Library, Inc., a non-profit corporation The City of Dubuque has found that these Projects have no significant effect 338 Meeting of July 6, 1976 Meeting of July 6, 1976 339 on tbe environment based on the fol- lowing facts and reasons. 1. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commitment of resources, known views of local groups, measures which can be instituted to lessen po- tential adverse impacts and to enhance the environment; 3. No loss of unique environmental resources; 4. No irreversible development trends; 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties possess- ing historical, archaeological, architec- tural or cultural significance. The City of Dubuque has made an Environmental Review Record for each of the Projects, and has placed these records on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa. These environ- mental records are available for ex- amination and may be copied between 8:00 AM. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dubuque intends to request the U.s. Department of Housing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Friday, July 30. 1976, addressed to Alvin E. Lundh, Mayor of the City of Dubuque, City Hall, 13tb and Iowa Streets, Dubuque, Iowa 52001. Dated and Published July 7,1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Citizens Advisory Committee, by Howard O. Hagen. ex- pressing various concerns of the Com- mission members as to the use of tbe City Hall Building, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Mayor Lundh further moved that the proposal to house City Government be referred to the Advisory Commission for further study. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Stackis. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays-None. Paul Gruber addressed the Council relative to the Cooper Street Steps Project. RESOLUTION NO. 241-16 PRELIMINARY APPROVAL of plans, specifications, form of contract, plat and etc. for the construction of Cooper Place Steps from West Fifth Street to Cooper Place, in the estimated amount of $9,562.80, presented and read. Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Necessity for Improvement) RESOLUTION NO. 248-16 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The steps to be improved. 2. The width of such improvement, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. A RESOLUTION approving and en- dorsing Dubuque Advisory Commis- sion's recommendations and urging public official support, covering fire- arms control presented and read. Councilman Stackis moved that the resolution be tabled to the Council Meeting of July 19, 1976. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June 30, 1976 To the Honorable Mayor and City Council Enclosed please find the preliminary plans, specifications, and estimate for the reconstruction of the Cooper Street Steps. I would recommend that the project be divided into two phases, the first of which would be the reconstruction of the steps and sidewalk upon the property presently owned by the City of Dubuque. The second phase would in- clude the deeding of the two and one- half lots to the City for use as a park- way, and the subsequent clearing of brush and undergrowth in the pathways leading from the steps to the northeast corner of the parkway. Phase I would be done by a private contractor at an estimated cost of $9,562.80. Phase 11 could start in late summer and would initially be effected using CETA personnel in the clearing of brusb and in preliminary pathway con- struction. The remainder of the path- way construction would be completed during tbe next fiscal year. Gilbert D. Chavenelle City Manager Cooper Place Steps from West Fifth Street to Cooper Place. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and' unless property owners at the time of the final consideration of this proposed resolu- tion have on file witb the City Clerk objections, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid out of Revenue Sharing Fund. The above resolution was introduced, approved and ordered placed on file Councilman Stackis moved that tbe communication be rèceived and filed. with the City Clerk this 6th day of July, 1976. Approved and placed on file for final action. Approved: Alvin E. Lundh Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. (Fixing date 01 hearing) RESOLUTION NO. 249-16 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 247-76 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of: Cooper Place Steps from West Fifth Street to Cooper Place and, WHEREAS, the proposed Resolution of Necessity for said Improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August 1976, a public hearing will be held at 7:30 o'clock P.M. DST in the Council Chamber in the City of Dubuque at which time persons may appear and make objection to the proposed plans and specifications and proposed form of contract to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper published in the city of Dubuque. no less than four nor more than 20 days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. 340 Meeting of Jùly 6, 1976 Meeting of July 6, 1976 Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Ordering Construction) RESOLUTION NO. 250-16 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a resolution of necessity No. 248-76 which was duly passed by this Council, for the construction of: Cooper Place Steps from West Fifth Street to Cooper Place be and the same are hereby or- dered and constructed by this Council upon its own motion and with or with- out the petition of property owners. All the work shall be constructed in accor- dance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provements be paid for from Revenue Sharing Funds after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for In the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 6th day July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ADOPTED THIS 6th DAY OF July 1976. ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. (Necessity for Improvement) RESOLUTION NO. 253-16 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Each lot proposed to be assessed together with a valuation fixed by the council. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 3. In each case the amount thereof which is estimated to be assessed against each lot. for the West 32nd Street Sanitary Sewer Extension. BE IT THEREFORE RESOLVED that the City Council on Its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount June 21,1976 To the Honorable Mayor and City Council We are submitting for your approval the preliminary estimates, Schedule of Valuation and proposed assessment, plans and specifications and Resolution of Necessity for the following project: West 32nd Street Sanitary Sewer, from Carter Road westerly to John F. Kennedy Road. We recommend that tbe final plans and specifications as submitted be accepted. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 251-16 APPROVAL OF PRELIMINARY ES- TIMATE of plans, specifications, form of contract, plat and schedule, etc" for the construction of West 32nd Street Sanitary Sewer from Carter Road west- erly to J. F. Kennedy Road, in the es- timated amount of $224,870.58, present- ed and read. Councilman Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 252-16 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets number 1 to 4 inclusive, are hereby determined to be the schedule of proposed assessments for the City of Dubuque, Iowa, West 32nd Street Sani- tary Sewer Extension, and the valua- tions set out therein are hereby approved. provided by law, property will be as- sessed whether the same abuts tbereon or is adjacent tbereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, sewer bonds shall be issued and sold in anticipation of deferred paymeuts of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of July, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Fixing date 01 hearing) RESOLUTION NO. 254-16 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolu- tion No. 251-76 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the West 32nd Street Sanitary Sewer and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August 1976, a public hearing will be held at 1:30 o'clock P.M. c.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against 341 342 Meeting of July 6, 1976 Meetjng of July 6, 1976 343 any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is bereby di- rected to cause a notice of the time and place of sucb bearing to be published in some newspaper published in tbe city of Dubuque, no less tban four nor more than 20 days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully, Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Discussion of possible shelf projects relative to public works on the Coun- tercycle Bill including Potting House Greenhouse, Tennis Courts, Industrial Island Fill, Roosevelt and Marshal Parks, Urban Renewal, Sidewalk Pro- gram, Storm Sewers, City Garage, San- itary Sewers and Street Lighting were held. COUNCIL RECESSED AT 9:45 P.M. RECONVENED AT 9:54 P.M. July 2, 1976 Honorable Mayor and City Council I have reviewed the bids received for the construction for the Water Plant Expansion and the Solids Handling Facilities and recommend that con- tracts for these improvements be awarded to the J.P. Cullen & Son Con- struction Corporation who submitted the low bid. The J.P. Cullen bid was: Plant Expansion. . . . .. $3,837,322 Solids Handling 2,060,737 $5,898,059 Also, included in tbe bid is a deduction of $100,000 from the bid price if both projects are awarded to tbe Cullen Corporation. J.P. Cullen & Son Construction Cor- poration, of Janesville, State of Wis- consin, in the amount of $2,060,737 for Item 2 (Water Plant Solids Handling Facilities with Vacuum Filters) of the improvements and extensions to the municipal waterworks plant and system of the City of Dubuque, Iowa, as provided for in the plans and specifica- tions referred to in the preamble hereof, is for the best interests of the City of Dubuque, Iowa, and same is hereby accepted. Section 3. That it is hereby found, determined and declared that each of the bids accepted in the preceding sec- tions of this resolution is fully respon- sive to the original plans and specifica- tions for these improvements as prepared by Henningson, Durham & Richardson, Engineers, and Cullen, Kilby, Carolan & Associates, P.C., as referred to in the preamble hereof, and os flied with the City CIerk on May 10, 1976. Section 4. That the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Dubuque, Iowa, with the abovemen- tioned contractors for constructing the above described improvements and extensions in the amounts hereinabove stated and to affix the corporate seal of said City to said contracts, said con- tracts to be in the form provided in the plans and specifications referred to in the preambIe hereof. Section 5. That all resolutions and orders or parts thereof In conflict here- with be and the same are hereby repealed to the extent of such conflict. Passed and approved July 6, 1976. Alvin E. Lundh Mayor Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 255-76 RESOLUTION providing for the award of contracts for furnishing improvements and extensions to the municipal waterworks plant and system. WHEREAS pursuant to notice pub- lished in the manner and form required by law, bids and proposals were received by the City of Dubuque, Iowa, on June 29, 1976, for the construction of improvements and extensions to the municipal waterworks plant and system in and for said City, consisting generally of Item 1 (Water Treatment Plant Ex- pansion) and Item 2 (Water Plant Solids Handling Facilities). togetber with necessary appurtenances and accessor- ies, all in accordance with the plans and specifications theretofore prepared by Henningson, Durham & Richardson, Engineers, Omaha, Nebraska, and Cul- len, Kilby, Carolan & Associates, P.C" Dubuque, Iowa, and filed with the City Clerk on May 10, 1976; and WHEREAS all of said bids and proposals have been carefully con- sidered and It is necessary and advisabie that provision be made for the award of contracts for the construction of said improvements and extensions; NOW, THEREFORE, Be It and It Is Hereby Resolved by rhe City Council of the City of Dubuque, Iowa, as follows: Section 1. Tbat it is hereby found, determined and declared that the bid of J.P. Cullen & Son Construction Corpor- atiim of Janesville, State of Wisconsin, in the amount of $3,837,322. for Item 1 (Water Treatment Plant Expansion) of the improvements and extensions to the municipal waterworks plant and system of the City of Dubuque, Iowa, as provided for in the plans and specifica- tions referred to in the preamble bereof, is for the best interests of the City of Dubuque, Iowa, and same is hereby accepted. Section 2. That it is hereby found, determined and declared that the bid of ATTEST: Leo F. Frommelt City Clerk RecordedJuly6,1976. Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 256-76 RESOLUTION to fix a date lor the initiation of proceedings lor the Issuance 01 $5,700,000 Water Revenue Bonds, 1976 Series, of the City 01 Dubuque, Iowa. WHEREAS the City of Dubuque. in Dubuque County, Iowa, did heretofore establish a municipal waterworks plant and system in and for said City which has for many years been supplying water and water service to said City and its inhabitants, and the management and control of said plant and system is vested in the City Council of said City and no board of trustees has ever been created for this purpose; and WHEREAS, for the purpose of de- fraying the cost of necessary im- provements and extensions to the municipal waterworks plant and system of said City, Water Revenue Bonds, 1962 Series, of said City were heretofore issued under date of October 1, 1962, of which bonds in the amount of $105,000 are now outstanding, numbered 296 to 400, inclusive, of the denomination of $1000 each, bearing interest at the rate of Two and eighty-five hundredths per cent (2.85%) per annum and maturing on December I, 1976, and accumulated revenues of the plant and system are now on hand in an amount sufficient to pay the principal of all of said out- standing bonds and all interest which wiil accrue thereon at and prior to ma- turity; and WHEREAS, in order to make it pos- sible for the City to pay the cost of additional improvements and exten- sions which must now be constructed to maintain and operate the plant and system in an efficient manner, said ac- cumulated revenues are being ordered set aside in a special escrow account pledged solely and only for the payment of said bonds and interest, and there are no other bonds or obligations now out- standing which are payable from the revenues of said utility; and WHEREAS it has been found essen- tial, necessary and desirable that addi- tional improvements and extensions to said municipal waterworks plant and system be constructed consisting gen- erally of: 1. Water Treatment Plant Expansion, complete with aerators, upflow clar- ifiers, rapid sand filters, chemical feed systems, control system, pneumatic chemical handling system and exist- ing plant modifications, electrical and mechanical; 2. Water Plant Solids Handling Facili- ties with Filters, complete filter building with filters complete as specified, pumps, tanks, conveyors, motor control center, sludge thicken- ing clarifiers with dome covers, waste backwash water pumps, sludge blow- down pumps, lift station with wet well and cIear water return pumps, elec- trical and mechanical; 344 Meeting of July 6, 1976 Meeting of July 6, 1976 all as contemplated by plans and specifications therefor prepared by Henningson, Durham & Richardson, Inc.. Engineers, Omaha. Nebraska, and Cullen, Kilby, Carolan & Associates, P.C., Dubuque, Iowa, and now 00 file in the office of the City Clerk, tbe estimat- ed costs whereof are $5,898,059, and it is necessary that' said City issue its reve- nue bonds to pay the cost, to the amount of $5,700,000, of constructing said improvements and extensions; and WHEREAS for tbe purpose of paying the cost of said improvements and ex- tensions, to the amount of $5,700,000, all as foresaid, it is proposed to issue at this time Water Revenue Bonds, 1976 Series, of said City in the amount of $5,700,000 which shall be payable from the net revenues of the municipal waterworks plant and system of said City, but be- fore proceedings for the issuance of such bonds are initiated it is necessary to fix a date of meeting of this City Council at which it is proposed to take action for this purpose and to give notice thereof as required by Section 384.83 of the Code of Iowa, 1975, as amended; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That tbis City Council meet on the 19th day of July, 1976, at the Council Chambers in tbe City Hall. Dubuque, Iowa, at 7:30 o'clock P.M., at which time and place proceedings will be instituted and action taken for the issuance of Water Revenue Bonds, 1976 Series, of said City in the principal amount of $5,700,000 for the purpose of paying the cost, to that amount, of constructing improvements and exten- sions to the municipal waterworks plant and system of said City, as referred to in the preamble bereof. Section 2. That the City Clerk is bereby directed to give notice of the proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by publication at least once not less than four (4) nor more than twenty (20) days before the date of said meeting in the "Telegraph Herald", a legal news- paper published in the City of Dubuque, Iowa, and having a general circulation in said City. Said nbtice shall be in substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF WATER REVENUE BONDS, 1976 SERIES The City Council of the City of Dubuque, Iowa, will meet on the 19th day of July, 1976, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., at which time and place proceedings will be instituted and action taken for the issuance of $5,700,000 Water Revenue Bonds. 1976 Series, of said City for the purpose of paying the cost, to that amount, of constructing improvements and exten- sions to the municipal waterworks plant and system of said City as contemplated by plans and specifications now on file in the office of the City Clerk of said City. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but said bonds, together with any additional bonds of said City as may be hereafter issued and outstanding from time to .time ranking on a parity therewith, will be payable solely and only from the future net revenues of the municipal waterworks plant and system of said City At the time and place fixed for said meeting, as set forth above, the City Council of said City will receive oral or written objections from any resident or property owner of the City. By order of the City Council of the City of Dubuque, Iowa, this 6th day of July, 1976. cil of the City of Dubuque, Iowa, tbat the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigaretre Papers within said City. Bar-X Inc., 2616 Windsor Avenue Earl G. Corbett, 408 West Locust Street Douglas L. Schlickman, 90 S. Locust Street John Dunbar, 504 Central Avenue Alice H. Erschen, 26I7 University Avenue Mary K. Ford, 1027 Rhomberg Avenue Frank and John George, 1481 Dodge Street John F. Glynn, 760 East 16th Street The Great Atlantic and Pacific Tea Co., 3333 Asbury Road Douglas Heinen, 113 Main Street Montgomery Ward, 555 John F. Ken- nedy Road M. F. Morett, 3198 Central Avenue RichardJ. Ring, 115 West lith Street William H. Lammer, 2126 Central Avenue Lowrie E. Smith, 521 E. 22nd Street Trausch Baking Company, 25 Main Street Jerry Turner, 431 Rhomberg Avenue University of Dubuque - Peter Com- mons, 2050 University Avenue University of Dubuque - Student Union, 2050 University Avenue Merlin F. Heiar, 1900 Washington Street Clarence R. Jones. 1618 Central Avenue Julien Motor Inn, 200 Main Street R. & S. Enterprises. Inc., 485 Central Avenue Kathleen Wedig, 1399 Jackson Street Clarke College, 1550 Clarke Drive Dorothy R. Hentges, 2412 Central Avenue Steve Smith, 1105 University Avenue K-Mart Store 4018, 2600 Dodge Street Gary Schroeder. 2195 Central Avenue Passed, adopted and approved this 6th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Leo F. Frommeit City Clerk Section 3. That all orders or resolu- tions, or parts of orders or resolutions in conflict herewith be and the same are hereby repealed. Section 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed. for further consideration of the matters herein set forth. Passed and approved July 6, 1976. Alvin E. Lundh Mayor Attest: Leo F. Frommelt City Clerk Recorded July 6, 1976. Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen j3rady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 257-76 BE IT RESOLVED by the City Coun- ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 258-76 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses Issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64tb General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Clarence Richard Jones, Myers Tavern, 1618 Central Avenue Michael F. Pusateri, 2560 Dodge Street Cyril N. Meitl, Idle Hour, 1555 Central Ave. Passed, adopted and approved this 6th day of July 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays - Councilman Tully: on Clar- ence Jones RESOLUTION NO. 259-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to tbe following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Clarence Richard Jones, Myers Tavern, 1618 Central Avenue Michael F. Pusateri, 2560 Dodge Street Cyril N. Meitl, Idle Hour, 1555 Central Ave. 345 346 Meetjng of July 6, 1976 Special Session, July 12, 1976 347 Passed, adopted and approved this 6th day of July 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady EmilStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays - Councilman Tully, on Clar- ence Jones. At Il:15 P.M. Councilman Stackis moved to go into Executive Session to discuss the Caradco Plant negotiations and Personnel. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. COUNCIL RECONVENED IN REGULAR SESSION AT Il:55 P.M. There being no further business, Councilman Wertzberger moved to ad- journ this meeting to the Council Meet- ing of July 19, 1976, at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL Approved..... . .. 1976 OFFICIAL Special Session, July 12,1976. Council Met at 7:30 P.M. (C.D.T.) Present - Mayor Lundh, Council- men Brady, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent- Councilman Stackis. Mayor Lundh read the call and stated tbat service thereof had been duly made and this Meeting is Called for the PUR- POSE OF ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THE MEETING. At 7:43 P.M. Councilman Tully moved to go into Executive Session to discuss the Caradco situation. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Council Reconvened in Regular Ses- sion at 9:04 P.M. No public statement was issued. There being no further business, Councilman Tully moved to adjourn this meeting to July 20, 1976 at 4:00 P.M. in the Council Chambers at City Hall. Adopted.... .. 1976 .............. Councilmen Attest: .. .. City Clerk Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Leo F. Frommelt City Clerk Approved. 1976 Adopted ................ 1976 ........................... Councilmen Attest: ..... City Clerk 348 Adjourned Special Session, July 19, 1976 July 19, 1976 Adjourned Special Session, July 19, 1976 CITY COUNCIL OFFICIAL Adjoumed Special Session, July 19, 1976. Council Met At 7:30 P.M. (C.D.T.) Present - Mayor Lundh, Council- men Stackis, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent- Councilman Brady. Mayor Lundh read tbe call and stated that this meeting is AN ADJOURNED MEETING OF JULY 6, 1976, called for the purpose of CONDUCTING A HEAR- ING ON THE. ISSUANCE OF $5,700,000. WATER REVENUE BONDS and acting upon sucb other business as may properly come before a Regular Meeting of the Council. Mr. Randy Nigg and Dave Bonnett presented a progress report on the Five Flags Civic Center Referendum. Mayor Lundh accepted a special cita- tion Casualty Record Award for tbe City's achievement in the reduction of Pedestrian Fatalities from AAA. Communication of Dubuque '76 Inc. Board of Directors and Frank Licciardi requesting to make an official presenta- tion of the Seven Commissioned Bicen- tennial paintings, presented and read. Mr. Dennis Naughton submitted a history report relative to the seven paintings as accomplished by Frank licciardi and constituting an official presentation oftbe seven commissioned Bicentennial paintings. Councilman Tully moved tbat the communication of Dubuque '76 Inc. Board of Directors be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Communication of Board of Dock Commissioners submitting minutes of their meeting of July 6, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. ComlT\unication of Dubuque Human Rights Commission submitting minutes of their meeting of June 30, 1976, pre- sented and read. Councilman Stackis moved that tbe minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Communication of Rehabilitation Commission submitting minutes of their meeting of July 13, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundb, Counciimen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of July 7, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. To the Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission conduct- ed written examinations on May 11, 1976 and physical agility tests on June 15, I976, for applicants to the FIRE DEPARTMENT. The following named applicants are hereby certified and are to be con- sidered for appointment in the following order: Laubscher, Robert K. Jr. Gau, Edward Alan Miller, Richard J. Loewen, Roger J. Hanten, Richard Berkley, Jon J. Kutsch, Patrick L. Jewett, William D. Lawler, Donald W. S. Carolyn Farrell John E. Hess Ray E. Harris Civil Service Commission ATTEST: ' Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of July 1976. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 19, 1976 Communication of Playground & Recreation Commission submitting minutes of their meeting of July 12, 1976, presented and read. Councilman Stackis moved that tbe minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundb, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Communication of Policy Committee of Dubuque Metropolitan Area Trans- portation Study submitting minutes of their meetings of April 22nd and June 24th, 1976. presented and read. Council- man Stackis moved that tbe minutes be received and filed. .Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Communication of Phyllis Tabak protesting the use of Channel 11 by KDUB, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Cable Commission and Teleprompter. Seconded by Councilman Tully. Carried by tbe following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. To the Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1975. the Civil Service Commission conduct- ed written examinations on April 27, 1976 and agility tests on June 8th & 9th, 1976, for applicants to the POLICE DEPARTMENT. The following named applicants are hereby certified and are to be con- sidered for appointment in the following order: Ferro, Glen R. Hanten, Richard O. Tenny, Phillip W. Giesmann, Paula D. Fischer, Francis M. Washburn, Kenneth D. Huekels, John J. Berkley, Jon J. Golinvaux, Charles J. King, William R. We also have a second list of ten persons who have passed in reserve, next highest in standing in order of their grade that can be certified, if the above list is exhausted within one year. Sr. Carolyn Farrell John E. Hess Raymond E. Harris ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of July 1976. z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. July 14, 1976 To the Honorable Mayor and Members of the City Council I have approved the following Sidewalk Construction Bonds and de- sire to have your approval of same. William Lugrain, $1000. Midwestern Casualty & Surety Co. from July 21, 1976 to July 21,1977. M. F. Goerdt Construction Com- pany, U.S. Fidelity & Guaranty Com- pany, from June 24, 1976 to June 24, 1977. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 14, 1976 Honorable Mayor and City Council I retu'rn to you the letter from the Dock Commission about the sale of track material near the Keystone Gela- tin Company. Mr. Ernest Roarig has investigated the value of the material and found it to be $8,000 to $9,000. 349 350 Adjourned Special Session, July 19, 1976 If the material is to be sold, 1 recom- mend that the Dock Commission ad- vertise for bids to purchase the material and that a minimum acceptable bid be set at $8,500. I have sent a copy of this letter to the Dock Commission. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and procedure to advertise for bids be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackls, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. July 16,1976 Honorable Mayor and Councilmen We herewith transmit six (6) copies of the completed "Annexation Study" narrative report. The report is a sum- mary and consolidation of information and materials presented to you at your three prior sessions that dealt with this matter. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzbergermoved that the communication and Study be received and filed, referred to Council and Planning & Zoning Commission commended for work well done. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Communication of Dock Board recommending sale of property in Riverfront Subdivision Industrial Park to Thermo King Sales & Services, pre- sented and read. Councilman Stackis moved that the communication be referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Wertzberger. Nays - None. Absent - Councilman Brady. Communication of Dubuque Area In- dustrial Development Corporation signed by Mayor Lundh, Dock Board Commissioner Moldenhauer, and Exec. Director Dorothy of DAIDC proposing certain actions for sale of Lot 9, Block 1 of Riverfront Sub. No.5, 2.131 acres to Thermo King Sales & Service Co., Sale price of $44,535.36, presented and read. Councilman Stackis moved that the proposai be approved and communica- tion be referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Notice of Personal Injury Claim of Dolores Henkels, in the amount of $15,000" for injuries received in a fall on a defective sidewalk at'965 Main St. on May 27, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Notice of Car Damage Claim of Paula Kay Haas and Margaret 1.. Schueller, in the amount of $606.92. also expense incurred by driver of offending car, and City be requested to hold them harmless as the result of a City Employee turning on a City Water Hydrant at Marion & Cherokee Streets causing the street to become slippery on May 21, 1976, pre- sented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. July 12, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed amendment to Ordinance No. 32-75, known as the Zoning Ordinance and Zoning Map of the City Dubuque, Iowa, which proposes to repeal the requirement of public hearing on matters subject to variance and to direct the Board of Adjustment to post the property not less than seven (7) days prior to the public meeting, with the prominent placement of a sign noting variance pending and the time and place of the meeting. Further, the Board shall be required to send certified mail notification to owners of property abutting the property for which variance is sought. Adjourned Special Session, July 19, 1976 351 The Commission has found the amendment appropriate and recom- mends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniei Dittemore Deveiopment Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as tbe "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Section 6-107.3, Section 6-107.4 and Section 6-107.6 of Article VI thereof and enacting a new Section 6-107.3, Section 6-107.4 and Section 6-107.6 of Article VI in lieu thereof, to repeal the requirement of public hearing and notice to any property owners other tban abutting property owners and to include the posting of property on mat- ters subject to the issuance of a var- iance, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the foi- lowing vote: Yeas - Mayor Lundb, Councilman Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Councilman Stackis moved that a public hearing be heid on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Cierk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 12, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on three amendments to the text of the Zoning Ordinance, which amendments propose that: 1) Section 4-119.5 Which prohibited residential use of property in Light Industrial Districts be repealed; 2) en~ctme.nt of a new Section 5-102.3 which would establish yard setback requirements in Commercial and Light Industrial Districts; and 3) the repeal of Section 5-106 and the enactment of a new Section 5-106 to permit residential dwellings in Com- mercial and Light Industrial Districts. The amendments to the Ordinance text, which are attached, are designed to promote a compatible co-existence of business and residential uses in older neighborhoods with mixed,use characteristics. The City Planning and Zoning Com- mission has found the proposed amend- ments to be appropriate and recom- mend your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Subsection I of Section 4-119.5 of Article IV which prohibited Residential Use of property in the Light Industrial District, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 5-102.3 of Article 352 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 353 V to establish yard setback require- ments in Commercial and Light Indus- trial Districts, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Councilman Stackis moved that a public hearing be held on the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by repealing Section 5-106 of Article V thereof, and enacting a new Section 5-106 of Article V in lieu thereof to provide for Residential Dwellings in Commercial and Light Industrial Dis- tricts, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 13, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed amendment to Ordinance No. 32-75, known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, to reclassify a one and one-half block area in the Washington Street Neighborhood from H-1 Heavy Industrial District to L-1 Light Industrial District classification. The subject properties lie in an area bounded by East 14th Street on the north, by Washington Street on the west, by East 13th Street on the south and on the east by the alley between Elm Street and the railroad tracks. The proposed change to the Zoning Map is intended to promote a more compatible co-existence of business and residential uses in this part of the Washington Street Neighborhood. The Commission was also informed of interest in expanding the Light Indus- trial zone to a larger area than originally petitioned. Their decision was to restrict the area of change to the one and one- half blocks noted above. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner District. The subject 4.85 acre parcel is described as Lot 3 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm, and Lot 2 of Lot 2 of Lot 2 ofSt. Rose Place in the City of Dubuque, Iowa. The proper- ty lies on the west side of Chaney Road between Asbury Road and Kaufmann Avenue. The Commission has examined the Preliminary Development Plan for the proposed Planned Unit Development and has found that it is in conformance with the City's Comprehensive Plan and meets the requirements for Planned Unit Development designation. The City Planning and Zoning Commission recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Nays - Councilman Wertzberger. Absent - Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City ofDubuque, Iowa, so as to reclassify hereinafter described properties, bounded on the North by East 14th Street, on the West by Wash- ington Street, on the South by East 13th Street and on the East by the alley lying between Elm Street and the Rail- road Track, from the H-1 Heavy Indus- trial District to the L-I Light Industrial District Classification, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Nays - Councilman Wertzberger. Absent - Councilman Brady. Councilman Stackis moved that a public hearing be held On the Ordinance on August 16, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Nays - Councilman Wertzberger. Absent - Councilman Brady. July 12, 1976 Councilman Tully moved that the communication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. AN ORDINANCE amending and changing Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", which amendment shall establish a Planned Unit Development designation on Property hereinafter described lying in a R-4 Residential District in "Highland Farm" in the City of Dubuque, Iowa, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Petition of Emil L. Hoffmann, requesting an opportunity for purchase of City-owned Lot adjacent to 1893 Wood Street, presented and read. Councilman Tully moved that the peti- tion be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the request of Mr. Dale Wernecke to provide for a Planned Unit Development designation on his property lying in an R-4 Residential Petition of Peoples Natural Gas requesting permission to excavate in the street at 556 Clarke Drive, presented and read. Councilman Stackis moved that the request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Petition of Dubuque Packing Co. requesting vacation of property abut- ting E. 16th Street, also a piece located in E. 17th Street, Maple Street and part of 18th Street, said properties bounded on all sides by Packing House Property, presented and read. Councilman Stackls moved that the petition be referred to the City Manager for proper proceed- ings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Petition of St. Patrick's Church requesting refund of $225.00 on unex- pired portion of Class "B" Beer Permit No. B-5041, discontinued business on July 13, 1976, presented and read. Councilman Stackis moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Petition of George W. Pohlen, Tri- State Softball Tournament, requesting refund of $225.00 on unexpired portion of Class "B" Beer Permit No, B-5717, discontinued business on June 26, 1976, presented and read. Councilman Stackis moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 260-76 WHEREAS, the Dubuque Advisory Commission, at the request of this Council, has undertaken a study of Firearms Control, and WHEREAS, the Dubuque Advisory Commission, after said study, has recommended that the prime respon- 354 Adjourned Special Session, July 19, 1976 sibility for gun controls should lie with the state and federal governments, to assure uniform justice; and WHEREAS, the Dubuque Advisory Commission has recommended that the Police Department and the judicatory be urged to uphold the present firearms laws with equal and just enforcement; and WHEREAS, the Dubuque Advisory Commission has recommended to the Council that they support the manda- tory sentencing of those convicted of armed crimes to prison. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that: 1. They approve and endorse the fore- going Dubuque Advisory Commis- sion's recommendations. 2. The appropriate public officials be so advised of this resolution and be urged to give support to these recommendations. Passed, approved and adopted this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tuily Jr. Richard Wertzberger Emil Stackls Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tuily, Wertzberger. Nays-None. Absent - Councilman Brady. July 16, 1976 To the Honorable Mayor and City Council The Cedar Cross Road, in the area between People's Natural Gas and the Hansel property, is now being widened and improved. The road is being widened to 48 feet and the County has been asked by the developer to par- ticipate in half of the cost of the base for the improved road. The city has been asked to participate in the development of the other one-half of the road. The estimated cost to the city would not exceed $13,800. The development of this section of Cedar Cross Road complies with the long range plans for the development of a road systems in this area. The road also falls within the area considered for annexation. We feel now is the appro- priate time to participate in the development of the facility and recom- mend to the City Council that they adopt a resolution authorizing the ex- penditure of up to $13,800 for this project. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tuily, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 261-76 WHEREAS, it is proposed that Cedar Cross Road will be improved with a six-inch asphalt treated base and curb and gutter, which improvement on said roadway shall commence at a point at the northerly property line of Lot 3 of Hansel's Addition in Dubuque Town- ship, Dubuque County, Iowa and ter- minating at the south property line of Lot 3 of Hansel's Addition in Dubuque Township Dubuque County, Iowa and which improvements are proposed to be made by Hansei Builders Inc. the developer; and WHEREAS, it has been agreed by and between Dubuque County, Iowa and the City ofDubuque, Iowa that the costs for the asphalt base shall be borne and paid for equaily by Dubuque County and the City of Dubuque, Iowa to be borne equally for said portion of road- way 1000 feet long and 44 feet wide, and in no event shail the City's share exceed the sum of $13,800.00. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the improvement of Cedar Cross Road with a six-inch as- phaltic treated base be and the same is hereby approved, and that the payment of the City's share of such improvement, in an amount not to exceed $13,800.00, be and the same is hereby approved and that the payment of said amount shail be made to Dubuque County, Iowa upon certificate duly filed with the En- gineer's Office as to the final Engineer's determination of cost. Section 2. Tbe expenditure of said funds for the improvement of Cedar Cross Road is deemed in the public interest. Passed, adopted and approved this Adjourned Special Session, July 19, 1976 355 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tuily, Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wert:zberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 262-76 Resolution correcting Resolution No. 47-76 approving tho Plat of Blocks 1 through 7 each In "Phase One 01 Stano Hiil Community Subdivision No.1" In the City of Dubuque, Iowa WHEREAS, Resolution 47-76, Sec- tion 5, referred to Stone Hill Community Association which was a scrivener's error; and, WHEREAS, Resolution 47-76, Sec- tion 5, should have referred to Stone Hill Development Corporation; and WHEREAS, Stone Hill Development Corporation did accept RESOLUTION NO. 47-76 and agree to perform the conditions required therein and also furnished the security provided for in Resolution 47 -76; and, NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: 1. Resolution 47-76 is hereby corrected by the deletion from Section 5 of the words Stone Hill Community As- sociation. and the substitution of the words Stone Hill Development Cor- poration; ail other provisions of said Resolution 47-76 are hereby ratified and affirmed. 2. Stone Hill Development Corpora- tion has already provided the security required by RESOLUTION 47-76 and no additional security shail be required. Passed, adopted, and approved by unanimous recorded roil call this 19th day of July, A.D. 1976. Alvin E. Lundh Mayor Thomas A. Tuily Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 262-76 We, the undersigned STONE HILL DEVELOPMENT CORPORATION hav- ing read the terms and conditions of the foregoing Resolution 262-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 26th day of July, A.D. 1976. Stone Hill Development Corporation By George E. Deininger Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 263-76 Authorizing publication of notice 01 Environmental Review Findings lor Certain Community Develop- ment Block Grant Projects WHEREAS, the City of Dubuque under date of June 9, 1976 entered into Grant Agreement B-76-MC-19-0004 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, environmental reviews have been processed for the projects hereinafter to be described to be fi- nanced with Community Development Block Grant Funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No Sig- nificant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for each of the said projects available for public inspection. Such notice shall be in the form ofExhibit "A" attached hereto and made a part hereof. Comiskey Park improvements in- cluding reconstruction of a tennis court, relocation of play areas, construction of a warming house, 356 Adjourned Special Session, July 19, 1976 Installation of plantings and other minor improvements, Various pub- lic improvements including tree plantings and curb, alley and other miscellaneous street repair and re- placementitems in four community development project areas and in two other neighborhoods. Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its first meeting after August 5, 1976, auth- orizing the submission of a request to the U.S. Department of Housing and Urban Development for tho release of funds authorized under Title 1 of the Housing and Com- munity Development Act of 1974, to undertake the projects. Passed, approved and adopted this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community Development Block Grant Program, the City of Dubuque has prepared Notices of Finding of No Significant Effect on the Environment for the Projects iden- tified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Comiskey Park improvements in- cluding reconstruction of a tennis court, relocation of play areas, construction of a warming house, installation of plantings and other minor improvements. Various public improvements In- cluding tree plantings and curb, alley and other miscellaneous street repair and replacement items in four community development project areas and in two other neighborhoods. The City of Dubuque has found that these Projects have no significant effect on the environment based on the fol- lowing facts and reasons. 1. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commitment of resources, known views of local groups, mea- sures which can be instituted to less- en potential adverse impacts and to enhance the environment; 3. No loss of unique environmental resources; 4. No irreversible development trends; 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No Impacts on properties possessing historical. archaeological, architec- tural or cultural significance The City of Dubuque has made an Environmental Review Record for each of the Projects, and has placed these records on file in the office of the City Clerk in City Hall, I3th and Iowa Streets. Dubuque Iowa. These environ- mental records are available for ex- amination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dubuque intends to request the U.S. Department ofHousing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Thursday, August 5, 1976, addressed to Alvin E. Lundh, Mayor of the City of Dubuque, City Hall, 13th and Iowa Streets, Dubuque Iowa 52001. Dated and Published July 20, 1976. Leo F. Frommelt City Clerk Councilman Stackls moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 264-76 Endorsing July 24, 1976 as "Jean Marie Cardinal Day" WHEREAS, Saturday, July 24. 1976, has been designated as "Jean Marie Cardinal Day"; and WHEREAS, such project has called upon the vast resources of the inhabi- tants of this community to respond in making such event a success; and WHEREAS, the City Council of the City of Dubuque, Iowa, does wholeheartedly endorse said civic ef- fort; and WHEREAS, the City Council of tbe City of Dubuque, Iowa, desires to go on record in commiting its spiritual assis- tance to the end that said project may Adjourned Special Session, July 19, 1976 357 enjoy a citywide and nationwide acceptance and participation; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Council, City of Dubuque, does hereby proclaim the day of July 24, 1976 as "Jean Marie Cardinal Day". Section 2. That the City Council, City of Dubuque, urges every citizen and inhabitant of this community to join in this worthwhile project and to par- ticipate in this community event to the end that each one may take a vital share in this commerative event. Section 3. That the City Council, City of Dubuque, does formally go on record in commiting its spiritual support to this community effort and encourages all inhabitants of this community to lend whatever assistance is necessary to make this effort of nationwide significance. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger EmilStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundb, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 13, 1976 To the Honorable Mayor and City Council The construction of the School Signal Improvement Project, T-735- 7(5)-84-31, Contract No.1, has been substantially completed in accor- dance with plans and specifications by Paulson Electric Company of Dubuque, Iowa. Gilbert D. Cbavenelle City Manager Councilman Tully moved that the Communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. FINAL ESTIMATE RESOLUTION NO. 265-76 WHEREAS, the contract for the School Signal Improvement Project, T-735-7(5)-84-31, Contract No.1 has been completed and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $40,495.60. That None of the cost thereof shall be assessable upon private property and $40,495.60 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption oi the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wert:zberger. Nays-None. Absent - Councilman Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 267-76 WHEREAS, the contract for the School Signal Improvement Project, T-735-7(5)-84-31, Contract No.1 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund issued upon the above described improvement in amount -~'=-~<'~'~~<'~L~""'~""~..L~ 358 Adjourned Special Session, July 19, 1976 equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 13, 1976 To the Honorable Mayor and City Council The construction of the School Sig- nal Improvement Project, T-735< 1(6)-84-31. Contract No.2, has been substantially completed in accor- dance with plans and specifications by Paulson Electric Company of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh. Councilman Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. FINAL ESTIMATE Resolution No. 266-76 WHEREAS, the contract for the School Signal Improvement Project, T,735-1(6)-84<31, Contract No.2 has been completed and the City Engineer has submitted his final estimate show- ingthe cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $53,647.35. That None of the cost thereof shall be assessable upon private property and $53,647.35 shall be þaid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. (A Resolution AcceptIng Improvement) RESOLUTION NO. 268-76 WHEREAS, the contract for the School Signal Improvement Project, T-735-1(6)-84-31, Contract No.2 has 'been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund Issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by tbe fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. July 1, 1976 Adjourned Special Session, July 19, 1976 To the Honorable Mayor and City Council The construction of the University Avenue Pedestrian Crosswalk has been substantially completed in accordance with plans and specifications by Moldt Electric Services, Inc. of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. FINAL ESTIMATE RESOLUTION NO. 269-76 WHEREAS, the contract for the con- struction of: University Avenue Pedes- trian Crosswalk has been completed and the City Engineer has submitted his final estimate showing tbe cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $6,815.48. That None of the cost thereof shall be assessable upon private property and $6,815.48 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. (A ResolutIon Accepting Improvement) RESOLUTION NO. 270-76 WHEREAS, the contract for the con- struction of: University Avenue Pedes- trian Crosswalk has been comþleted and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund upon the above described improvement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passep, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. July 14, 1976 To the Honorable Mayor and City Council Enclosed are the plans and specifica- tions for the construction of the Asphalt Paving Project No.2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sullivan. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. July 7, 1976 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to 4, inclusive, showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1976 Asphalt Paving Project No.2: English Lane from the S.P.L. of Mt. Loretta to 359 360 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 361 the W.P.L. of Sullivan Street. Submitted July 16, 1976. Michael A. Koch Acting City Engineer Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 271-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: SectIon 1. That the attached sheets no. I to 4, inclusive, are hereby deter- mined to be the schedule of proposed assessments for the City of Dubuque 1976 Asphalt Paving Project No.2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sullivan Street, and the valuations set out therein, are hereby approved. Adopted this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis. Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 272-76 Preliminary Approval of plans, specifications, form of contract, plat and schedule for the construction of City of Dubuque 1976 Asphalt Paving Project No.2: English Lane from the S.P.L. of Mt. Loretta Street to the W.P.L. of Sul- livan Street, in the estimated amount of $49,838.09, presented and read. Council- man Tully moved adoption of the res- olution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. (Necessity lor Improvement) RESOLUTION NO. 273-76 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council ofthe City of Dubuque and are now on file in the office of tbe City Clerk showing among other things the following: 1. The assessment limits. 2. The street to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1976 Asphalt Paving Project No.2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. Tbat the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts thereon or is adjacent tbereto according to area and in proportion to the special benefits conferred thereby. and any deficiency shall be paid out of the Road Use Tax Fund. Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a con- tract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of July, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved approval of the resolution. Seconded by Council- man Wert:zberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Wertzberger. Nays-None. Absent - Councilman Brady. (Fixing date of hearing) RESOLUTION NO. 274.76 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 272-76 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the City of Dubuque 1976 Asphalt Paving Project No.2: English Lane from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of August 1976, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber In the City of Dubuque at which time the owners of property subject to assess- ment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the first of which shall be not less than 10 days prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lOwing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Proof of Publication. certified to by the Publisher, of Notice of Meeting for the issuance of Water Revenue Bonds, in the amount of $5,700,000., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 275-76 A RESOLUTION authorizing and providing lor the issuance and securing the payment 01 $5,700,000 Water Revenue Bonds, 1976 Serlas, of the City 01 Dubuque, Iowa, under the provi- sions 01 Sections 384.80 et seq. 01 the Code 01 Iowa, for the purpose 01 defraying the cost 01 Im- provements and exlanslons to the municipal waterworks plant and system in and for said City and providing lor the collection, se. gregatlon and distrIbution 01 the revenues of such plant and system. WHEREAS the City of Dubuque, in Dubuque County, Iowa, did heretofore establish a municipal waterworks plant and system in and for said City which has for many years been supplying water and water service to said City and its inhabitants, and the management and control of said plant and system is vested in the City Council of said City ,-,~-- ~ -,~=. ~'---~~ 362 Adjourned Special Sessjon, July 19, 1976 and no board of trustees has ever been created for this purpose; and WHEREAS, for the purpose of de- fraying the cost of necessary im- provements and extensions to the mu- nicipal waterworks plant and system of said City, Water Revenue Bonds, I962 Series, of said City were heretofore issued under date of October 1, 1962, of which bonds in the amount of $105,000 are now outstanding, numbered 296 to 400, inclusive, of the denomination of $1000 each, bearing interest at the rate of Two and eighty-five hundredths per cent (2.85%) per annum and maturing on December 1, 1976, and accumulated revenues of the plant and system are now on hand in an amount sufficient to pay the principal of all of said outstand- ing bonds and all interest which will accrue thereon at and prior to maturity; and WHEREAS, in order to make it possi- ble for the City to pay the cost of addi- tional improvements and extensions which must now be constructed to maintain and operate the plant and system in an efficient manner, said ac- cumulated revenues are being ordered set aside in a special escrow account pledged solely and only for the payment of said bonds and interest, and there are no other bonds or obligations now out- standing which are payable from the revenues of said utility; and WHEREAS it has been found essen- tial, necessary and desirable that addi- tional improvements and extensions to said municipal waterworks plant and system be constructed consisting gen- erallyof: 1. Water Treatment Plant Expansion, complete with aerators, upflow clar- ifiers, rapid sand filters, chemical feed systems, control system, pneumatic chemical handling system and exist- ing plant modifications, electrical and mechanical; 2. Water Plant Solids Handling Facili- ties with Filters, complete filter building with filters complete as specified, pumps, tanks, conveyors, motor control center, sludge thicken- ing clarifiers with dome covers, waste backwash water pumps. sludge blow- down pumps, lift station with wet well and clear water return pumps, elec- trical and mechanical; all as contemplated by plans and specifications therefor prepared by Henningson, Durbam & Richardson, Inc., Engineers, Omaha, Nebraska, and Cullen, Kilby, Carolan & Associates, P.C" Dubuque, Iowa, and now on file in the office of the City Clerk, the estimat- ed costs whereof are $5,898,059, and it is necessary that said City issue its reve- nue bonds to pay the cost, to the amount of $5,700,000, of constructing said improvements aod extensions; and WHEREAS a notice of the intention of this City Council to take action for the issuance of said $5,700,000 Water Revenue Bonds, 1976 Series, of said City has heretofore been duly published and a public hearing has been held on the issuance of said bonds and no oral or written objections have been filed or made; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That for the purpose of defraying the cost of improvements and extensions to the municipal waterworks plant and system of said City, as referred to in the preamble hereof, there be and there are hereby authorized to be issued one thousand one hundred forty (1140) negotiable interest bearing revenue bonds of said City of Dubuque, in the principal amount of $5,700,000, each of which shall be known and de- signated as a "Water Revenue Bond, 1976 Series", bearing date of July 1,1976, numbered from I to ll40, inclusive, of the denomination of $5000 each. The bonds of said issue shall bear interest from the date thereof at the rate of Seven and one-half per cent (7-\\%) per annum or at such lower rate or rates as may be determined at the public sale of said bonds, all of such interest being payable January 1, 1977, and semian- nually thereafter on the first days of July and January of each year until the principal thereof is paid. Said bonds' shall mature in numerical order on July 1, of each of the respective years as follows: Year 1977 1978 1979 1980 1981 1982 1983 1984 I985 1986 1987 1988 1989 1990 199I 1992 Amount $100,000 200,000 200,000 200,000 200,000 200,000 200,000 250,000 250,000 250,000 300,000 300,000 300,000 350,000 350,000 400,000 Bond Numbers 1- 20 21- 60 61- 100 101- 140 141- 180 181- 220 221- 260 261- 310 3ll- 360 361- 410 411- 470 471- 530 531- 590 591- 660 661- 730 731- 810 Adjourned Special Session, July 19, 1976 1993 400,000 811- 890 1994 400,000 891- 970 1995 400,000 971-1050 1996 450,000 I051-ll40 provided, however, that bonds num- bered 661 to 1140, inclusive, shall be redeemable by said City prior to matur- ityin whole. or from time to time in part in inverse order of maturity (less than all of one maturity to be selected by lot), on any interest payment date on or after July 1, 1990, upon terms of par and accrued interest plus apremium of three per cent (3%) òf the principal amount of any of such bonds called for redemption. In the event any of said bonds are called for redemption prior to maturity as aforesaid notice of such redemption, identifying the bond or bonds to be redeemed, shall be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York. All of such bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa, or, at the option of the holder, at a bank or trust com- pany located in the City of Des Moines, Iowa, or in the City of Chicago. Illinois. or In the City of New York, New York, as may be mutually agreed upon between the original purchaser of the bonds and the City, or, if agreement is not reached between the City and the purchaser, at a bank or trust company to be named by the City having a com- bined capital and surplus of not less than $10,000,000 which has a trust department regularly engaged in the business of acting as paying agent for bOnds and coupons. All of said bonds and the interest thereon, together with any additional bonds as may hereafter be Issued and outstanding from time to time ranking on a parity therewith under the conditions hereinafter set forth governing the issuance of such additional parity bonds, shall be payable solely from the "Water Revenue Bond Sinking Fund", hereinafter created, and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obliga- tion of said City nor payable in any manner by taxation, but the bonds here- in authorized to be issued, together with any additional bonds as may be hereafter issued ranking on a parity therewith, shall be payable, both as to principal and interest, solely and only from the future net revenues of said municipal waterworks plant and system pledged therefor as hereinafter provided. Section 2. That upon presentation at the office of the City Treasurer of said City of any of said bonds same may be registered as to the principal in the name of the owner on the books in his office, such registration to be noted on the reverse side of the bonds by the City Treasurer, and thereafter the principal of such registered bonds shall be pay- able only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to the City Treasurer with a legal assignment duly acknowledged or proved. Regis- tration of any such bonds shall not affect the negotiability of the coupons thereto attached but such coupons shall be transferable by delivery merely. Section 3. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND, 1976 SERIES Number KNOW ALL MEN BY THESE PRES- ENTS: That the City of Dubuque, in the County of Dubuque, and. State of Iowa, for value received promises to pay to bearer. or ifthis bond be registered as to principal as hereinafter provided then to the registered holder hereof, in the manner hereinafter specified, the sum of Five Thousand Dollars ($5000) on the first day of July, 19..., and to pay interest on said sum from the date hereof at the rate of ...... per cent (.......%) per annum, payabIe January 1, 1977, and seminan- nually thereafter on the first days of July and January in each year until said principal sum is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be aod become applicable hereto, all such interest as may accrue on and prior to the maturity of this bond to be paid only upon presentation and sur- render of the interest coupons hereto attached as they severally become due; 363 $5000 364 Adjourned Special Session, July 19, 1976 coupons, this first day of July, 1976. Adjourned Special Session, July 19, 1976 both principal and interest being pay- able in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa, or, at the option of the holder hereof, at the.. .......Bank, in the City of........,...... This bond and the series of which it is a part are issued by said City pursuant to and in strict compliance with the provisions of Sections 384.80 et seq. of Chapter 384 of the Code of Iowa, 1975, and all other laws amendatory thereof and supplemental thereto, and in con- formity with a resolution of the City Council of said City duly passed on the 19th day of July, 1976, as amended. For a more complete statement of the basis upon which this revenue bond has been issued and additional revenue bonds ranking on a parity therewith may be issued and outstanding, a description of the source of payment of all such revenue bonds, and a statement of the rights, duties and obligations of the City ofDubuqueand the rights of the holders of the revenue bonds, reference is made to said resolution. This bond is one of a series of bonds of like tenor and date (except interest rate and maturity), numbered from 1 to 1140, inclusive, issued for the purpose of de- fraying the cost of improving and ex- tending the municipal waterworks plant and system in and for said City. This bond and the series of which it forms a part, together with any additional bonds as may be hereafter issued and out- standing from time to time ranking on a parity therewith under the restrictions and conditions set forth in the resolu- tion authorizing said series as referred to in the preceding paragraph, are payable solely and only out of the future net revenues of said municipal water- works plant and system, a sufficient portion of which has been ordered set aside and pledged for that purpose- This bond is not a general obligation of said City nor payable in any manner by taxation or from other funds. Said City convenants it will fix such rates for the services furnished by said plant and system and will collect and account for income and revenues therefrom suf- ficient to promptly pay the principalof and interest on this bond and the series of which it is a part and any additional bonds as may from time to time be outstanding ranking on a parity therewith as the same will become due, and to create and maintain a reasonable reserve therefor. The City of Dubuque reserves the 365 right to call and redeem bonds of this issue numbered 661 to 1140, inclusive prior to maturity in whole, or from tim~ to time in part in inverse order of ma- turity (less than all of one maturity to be selected by lot) on any interest payment date on or after July 1,1990, upon terms of par and accrued interest plus a premium of three per cent (3%) of the principal amount thereof. In the event any of said bonds are called for redemption prior to maturity as afore- said, notice of such redemption, iden- tifying the bond or bonds to be redeemed, will be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York. Such of said bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. This bond is fully negotiable but may be registered as to principal only In the name of the holder on the books of said City in the office of the City Treasurer, such registration being noted hereon by the City Treasurer, and after such registration no transfer shall be valid unless made on said books and similarly noted on the bond, but it may be dis- charged from such registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The regis- tration of this bond-tis to principal shall not restrain the negotiability of the coupons by delivery merely. And It Is Hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part, have existed, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this bond does not exceed or violate any constitutional or statutory limitation or provision. IN TESTIMONY WHEREOF, said City of Dubuque, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be ex- ecuted with the facsimile signature of said City Clerk, which official by the execution of this bond does adopt as and for his own proper signature his facsimile signature appearing on said Mayor ATTEST: City Clerk (Form of Coupon) $ .......... No. . The Treasurer of the City of Dubuque, Iowa, will pay to bearer out oftbefuture revenues of its municipal waterworks plant and system ........................ Dollars ($ ..........) on .........., 19....., at the office of the City Treasurer, Dubuque, Iowa, or, at the option of the holder hereof, at the .......................Bank, in the City of .............." .........., as provided in and for interest then due on the Water Revenue (Form for registration to be printed on the back 01 each bond) Date of In Whose Registration Name Registered Section 4. That said bonds shall be signed by the Mayor and attested by the City Clerk, with the seal of the City affixed, and the interest coupons at- tached thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the execution of said bonds, shall adopt as and for his own proper signature his facsimile signature appearing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him'duly recorded as to issuance as provided by law, and said Treasurer shall sign the certificate hereinbefore set out in Section 3 and endorsed upon the back of each of said bonds and deliver said bonds to the purchasers thereof, upon payment of the purchase price, same to be at least par and ac- crued interest. The proceeds received by the sale of said bonds, exclusive of ac- crued interest, together with a sufficient amount of money from other sources to pay the cost of this project, shall be set apart and placed in a fund separate and apart from the general funds of said City and to be designated as the "1976 Wa- terworks Construction Fund", which is hereby ordered created, and shall be applied to defraying the cost of con- structing the improvements and exten- sions to the municipal waterworks plant and system of said City as referred to in the preamble hereof. All moneys in said Construction Fund shall be kept sepa- rate and apart from all other funds of the Bond, 1976 Series, of said City, dated July 1, 1976, No. City Clerk The issuance of the bonds herein authorized shall be duly recorded in the office of the City Treasurer of the City of Dubuque and, as required by Section 384.83 of the Code of Iowa, 1975, as amended, a certificate of such record- ing shall be printed on the back of each bond in the following form: "The issuance of this bond has been duly and properly recorded in my office as of the first day of July, 1976. Treasurer of the City of Dubuque, Iowa" Signature of Cily Treasurer City and shall be held and used solely to pay the cost of constructing the im- provements and extensions referred to in the preamble hereof. Tbe cost of engineering and legal services, the cost of surveys, designs and other necessary and incidental expenses, shall be deemed items of cost of construction. Within sixty (60) days afterthecomple- tion of the improvements and exten- sions and after all costs in connection therewith shall have been paid, the en- gineers in charge of supervising the construction shall certify to the City Council the fact that such work has been completed according to the plans and specifications therefor and that all costs have been paid, and thereafter if any funds remain in the Construction Fund, the same shall be transferred to the "Depreciation, Extension and Im- provement Fund", hereinafter created. All sums received as accrued interest and any premium as may be received in the issuance and sale of the bonds shall be paid into the "Water Revenue Bond Sinking Fund", hereinafter created. All of the proceeds of the sale of the bonds shall be and constitute trust funds for the purposes hereinabove provided and there is hereby created a lien upon such moneys, until so applied, in favor of the holders of said bonds. All payments from the Construction Fund for con- struction work, materials or equipment shall be made only upon estimates ap- proved by the consulting engineers in 366 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 charge of the project and by tbe City Council. The City Council of tbe City of Dubuque, Iowa, covenants and agrees with the purchasers and holders of the bonds herein authorized that the prin- cipal proceeds of the sale of said bonds shall be devoted to and used with due diligence for the completion of the facilities for which said bonds are here- by authorized to be issued. The City Council represents and certifies that: (I) the said City has heretofore incurred a substantial binding ob- ligation with respect to said facili- ties; said binding obligation com- prising engineering fees and con- tracts for materials and for the construction of the improvements and extensions in the amount of not less than 2-Y,% of the estimated total cost of said facilities; (2) the. City Council expects that over 85% of the spendable proceeds of said bonds (including investment proceeds) will be expended on or before July 1, 1978, for the purpose of paying the cost of said facilities, said date being within three years following the date of issue of said bonds; (3) work on the said facilities has proceeded and is expected to proceed with due diligence to completion; (4) said facilities have not been and are not expected to be sold or oth- erwise disposed of in whole or in part prior to the iast maturity of said bonds; (5) all of the principal proceeds of the bonds are needed for the pur- pose stated in the form of bond above set out, including expenses incidental to such purpose and to the issuance of the bonds; and (6) to the best of the knowledge and belief of the City Council there are no facts, estimates or circum- stances that wouid materially change the conclusions and repre- sentations set out in this section. The City Council also certifies and further covenants with the purchasers and holders of said bonds from time to time outstanding that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in connection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any other sources, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 1O3(d) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated or proposed thereunder including Sections 1.103-13 and 1.103-14 of the Income Tax Regulations (26 CFR Part I), as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City Council reserves the right, how- ever, to make any investment of such moneY'-permitted by state law if, when and to the 'extent that said Section 1O3(d) or regulations promulgated there- under shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not. in the opinion of counsel of recognized competence in such matters, result in making the interest on said bonds subject to federal income taxation. Section 5. That so long as any of the bonds herein authorized to be issued or any other bonds ranking on a parity therewith are outstanding said mu- nicipal waterworks plant and system shall continue to be operated as a revenue producing undertaking. The rates charged by the City of Dubuque, Iowa, to customers of said plant and system, including the municipality, shall be such rates as will be sufficient to pay for the operation and maintenance of said plant and system, and to pay the principal of and interest on the bonds herein authorized and any additional bonds which may be bereafter issued ranking on a parity therewith as they mature and to create and maintain.a reasonable reserve therefor as herein- after provided in Section 9 of this res- olution. It is agreed that the City need not charge itself for water and water service so long as the revenues of the municipal waterworks plant and system are otherwise adequate to meet all the requirements of this resolution. Section 6. That from and after the issuance of the bonds hereby authorized the income and revenues of said plant and system shall be set aside into a separate and special fund to be desig- nated as the "Water Revenue Fund" which shall be used in maintaining and operating said plant and system, and after payment of the proper and neces- sary operation and maintenance ex- penses, the remaining net revenues shall, to the extent hereinafter provided, be used to pay the principal of and interest on the bonds as herein autbo- rized and any additional bonds ranking on a parity therewith as may be issued and outstanding under the restrictions and conditions specified in Section 14 bereof, and to create and maintain the several separate funds hereinafter established. Section 7. There shall be and there is hereby created a special fund to be designated as the "Waterworks Opera- tion and Maintenance Fund" into which on the first day of each month there shall be set apart and paid an amount which with any unexpended balance therein is considered necessary and suf- ficient to pay the reasonable current expenses of operating and maintaining said plant and system for the current month. After sàid first day of the month further payments may be made into said fund from the "Water Revenue Fund" but only if and to the extent necessary to pay such operation and maintenance expenses actually accrued and payable and to the extent that funds for such purpose are not then available for transfer from the "Surplus Fund" hereinafter ordered created. Section 8. There shall be and there is hereby created and there shall be main- tained an account to be known as the "Water Revenue Bond Sinking Fund", sometimes hereinafter referred to as the "Sinking Fund", into which there shall be set aside from the future net reve- nues of said plant and system such por- tion thereof as will be sufficient to pay the interest upon and principal of the bonds at any time outstanding as the same become due, and it is hereby de- termined, covenanted and agreed that the minimum amount to be so set aside into said Sinking Fund during each month of each year, commencing August 1, 1976, shall be not less than as follows: A sum equal to one-tenth (!I 10th) of the principal of all of said bonds maturing on the July 1 next suc- ceeding plus a sum equal to one- fifth (!15th) of the interest becom- ing due on the next succeeding interest payment date on all of the then outstanding bonds issued pur- suant to this resolution and bonds ranking on a parity therewith until there has been accumulated in said Sinking Fund an amount equal to the full amount of the next suc- ceeding principal payment and in- terest payment on said bonds ma- turing on or prior to the next suc- ceeding July first; provided, how- ever, that no further payments need be made into said Water Revenue Bond Sinking Fund when and so long as the amount therein is suf- ficient to retire all of said bonds then outstanding and to pay all interest to become due thereon prior to such retirement. If and to whatever extent any addi- tional bonds are hereafter issued by said City ranking on a parity with the bonds herein authorized to be issued as per- mitted and provided for in Section 14 hereof, provision shall be made for ad- ditional payments to be made each month into said Water Revenue Bond Sinking Fund from the net revenues of the municipai waterworks plant and system sufficient to pay maturing in- stallments of principal of and interest on said additional bonds. Such payments into said Water Revenue Bond Sinking Fund shall be made in equal monthly installments on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday, then such payments shall be made on the next succeeding secular day. Such Water Revenue Bond Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying the interest on and principal of the bonds herein authorized to be issued and any additional bonds as may be hereafter issued and outstanding ranking on a parity therewith and for no other pur- pose. If at any time there be a failure to pay into said Sinking Fund the full amount above stipulated, then an amount equivalent to the deficiency shall be set apart and paid into said Sinking Fund from the net revenues of said municipal waterworks plant and system as soon as available and same shall be in addition to the amount oth- erwise required to be so set apart and paid into said Sinking Fund. Section 9. There shall be and there is hereby created a special fund to be known and designated as the "Bond and Interest Reserve Fund" into which, commencing August I, 1976, there shall be set apart and paid from the balance of the net revenues remaining after first making the required payments into the "Water Revenue Bond Sinking Fund" the sum of $6250 on the first day of each month in each year until such time as all of the bonds herein authorized and bonds ranking on a parity therewith have been paid in full as to both prin- cipal and interest or funds sufficient therefor have been set aside and pledged for that purpose. All moneys credited to said Reserve Fund shall be used for the payment of the principal of and interest on the bonds authorized to be issued 367 368 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 under tbe terms of this resolution and bonds ranking on a parity therewith whenever for any reason the funds on deposit in the "Water Revenue Bond Sinking Fund" are Insufficient to pay such principal and interest wben due; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of the principal and interest falling due in any succeeding fiscal year for botb principal of and interest on the then outstanding bonds issued pursuant to this resolution and bonds ranking on a parity therewith may be used to purchase any of said bonds then outstanding at not exceed- ing par and accrued interest or to call and redeem such bonds as may be then subject to redemption prior to maturity in the manner hereinbefore provided, or such excess may be transferred to the "Depreciation, Extension and Im- provement Fund", hereinafter created, upon order of the City Council. Section 10. There shall be and there Is hereby created a special fund to be known and designated as the "De- preciation, Extension and Improvement Fund" into which there shall be set apart and paid each year from the balance of the net revenues remaining after first making the required payments into the "Water Revenue Bond Sinking Fund" and tbe "Bond and Interest Reserve Fund" the sum of $10,000 on the first day of each month of each fiscal year, or such higher amounts as the City Council may fix from time to time. All moneys credited to said De- preciation Fund shall be used or ac- cumulated to pay any extraordinary cost of maintaining the plant and system in an efficient operating condition or to repair the same, and to pay the cost of constructing additional improvements or extensions to the plant and system, and any balance therein in excess of $500,000 may be transferred to the "Surplus Fund"; provided, however, that the moneys on deposit in said De- preciation Fund shall be transferred and credited to the "Water Revenue Bond Sinking Fund" whenever necessary to prevent or remedy a default in the payment of the priocipal of or interest on the bonds authorized to be issued under the terms of this resolution or bonds ranking on a parity therewith, or shall be transferred and credited to the "Bond and Interest Reserve Fund" whenever any deficiency may exist in said Fund. Section II, That there shall be and there is hereby created a special fund to be known and designated as the "Sur- plus Fund" into which there shall be set apart and paid all of tbe net revenues remaining after first making tbe required payments into the "Water Revenue Bond Sinking Fund", the "Bond and Interest Reserve Fund" and the "Depreciation, Extension and Im- provement Fund". All moneys credited to said "Surplus Fund" shall be trans- ferred and credited to the "Water Revenue Bond Sinking Fund" whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this res- olution, or bonds ranking on a parity therewith, or shall be transferred and credited to the "Bond and Interest Re- serve Fund" whenever any deficiency may exist in said Bond Reserve Fund, and may be used to pay necessary oper- ating and maintenance expenses, to pay the cost of additional improvements and extensions to the plant and system, or for any purpose lawfully directed by the City Council, including the establish- ment of an Operation and Maintenance Reserve Fund in an amount adequate to pay operation and maintenance ex- penses for up to three months. Section 12. All moneys held in the several separate Funds created under the terms of this resolution, including the "1976 Waterworks Construction Fund", shall be deposited in lawful de- positories of the City and shall be contin- uously held and secured as provided by the laws of the State of Iowa relating to the depositing, securing and holding of public funds, and all such deposits ex- ceeding the maximum amount insured by the F.D.I.C. in anyone bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value or may be invested in direct obligations of the United States Government maturing at a date on or before the time when tbe City Council estimates the proceeds thereof will be needed for the purpose for which ac- cumulated, which date in the case of the Sinking Fund shall be considered to be not less than five (5) days prior to the next maturity of principal or interest respectively for which said fund was set aside, and in the case of the Bond and Interest Reserve Fund shall be con- sidered to be not more than five years from the date of investment, and in any event such Government securities shall be sold whenever the proceeds thereof are needed for the purposes of theFund for the account of which the investment was made; provided, however, that none of said funds shall be invested in any manner which would cause the bonds herein authorized to be classified "arbitrage bonds" as referred to in Sec- tion 4 of this resolution. All moneys on deposit in the "Water Revenue Bond Sinking Fund" and the "Bond and In- terest Reserve Fund" shall be kept in a combined bank account, separate from all other bank accounts, and shall be segregated on the books of tbe City. Section 13, That the City of Dubuque hereby covenants and agrees with the holder or holders of said bonds, or any of them rhat may from time to time be outstanding, that it will faitbfully and punctually perform all duties with reference to the municipal waterworks plant and system required and provided by the Constitution and laws of the State of Iowa, that it will segregate the revenues of said plant and system and make applications thereof io accordance with the provisions of this resolution, and that it will not sell, lease, mortgage or in any manner dis- pose of said plant and system, including any and all extensions and additions that may be made thereto, until all the bonds herein authorized shall have been paid In full, both principal and interest, or unless and until provisions shall have been made for the payment of said bonds and interest tbereon in full; provided, however, that the City, in the manner provided and to the extent per- mitted by law, may dispose of any property which in the judgment of the City Council is no longer useful or profitable in the operation of the mu- nicipal waterworks plant and system nor essential to the continued operation tbereof and when the sale thereof will not operate to reduce the revenues to be derived from the operation of the plant and system, and the proceeds of any sale or disposal or property shall be deposit- ed in the "Depreciation, Extension and Improvement Fund" created under the provisions of Section 10 of this resolu- tion.!fin any fiscal year while any oftbe bonds of tbis issue are outstanding the net revenues of the plant and system available therefor are not equal to the amount hereinbefore required to be paid into the "Water Revenue Bond Sinking Fund", into the "Bond and Interest Re- Serve Fund" and into the "Depreciation, Extension and Improvement Fund" for said year, then the City shall forthwith employ a recognized consulting engi- neer to examine the operation of the plant and system and the allocation of revenues and report thereon with recommendations for such im- provements in connection with such operation and allocations as he deems proper. Such report shall be completed and filed with the City Council as a part of its official records within 120 days of his employment and the City Clerk shall send a copy thereof to the original pur- chaser of the bonds by registered mail within ten days after such filing. Section 14. The bonds hereby au- thorized and from time to time outstand- ing shall not be entitled to priority or preference one over the other in the application of the net revenues of said municipal waterworks plant and sys- tem, regardless of the time or times of the issuance of such bonds, it being the intention that there shall be no priority among the bonds authorized to be is- sued under this resolution regardless of the fact that they may bave been ac- tually issued and delivered at different times. Said City of Dubuque hereby covenants and agrees that so long as anyof the bonds issued pursuant to this resolution are outstanding and unpaid no otber bonds or obligations payable from the net revenues of said municipal waterworks plant and system will be issued except upon the basis of such additional bonds or obligations being subject to the priority of any bonds then outstanding under the provisions of this resolution; provided, however, tbat said City of Dubuque hereby reserves the right and privilege of issuing additional bonds or obligations from time to time payable from the net revenues of said plant and system and ranking on a par- ity with the bonds herein authorized or permitted to be issued as may be then outstanding, in order to pay the cost of future improvements and extensions to said plant and system, or for refunding any bonds or obligations issued for ac- count of said plant and system, but only if the net revenues of said plant and system for the preceding fiscal year as shown by the official audit for that year (with adjustments as hereinafter provided) were equal to at least 135% of the maximum amount that will become due in any fiscal year for both principal of and interest on the bonds then out- standing and the bonds or obligations then proposed to be issued prior to the longest maturity of any of the then outstanding bonds, and provided also that all payments hereinbefore required to be made into the separate special Funds created under the terms of this resolution are current, and the interest payment dates for any such additional bonds or obligations shall be semian- nually on January 1 and July 1 of each 369 370 Adjourned Special Session, July 19, 1976 371 Adjourned Special Session, July 19, 1976 year, and the principal maturities of such additional bonds or obligations shall be on July I of any year in which any of such principal is scheduled to become due. The terms "net revenues" or "net earnings" are defined as gross revenues less operating expenses which shall in- clude salaries, wages, cost of mainte- nance and operation, materials and sup- plies, and insurance, as well as all other items as are normally included under recognized accounting practices, but shall not include allowances for de- preciation in the value of physical properties, and the amount of gross revenues aforesaid may be adjusted by an independent consulting engineer not in the employ of the City and not other- wise interested in the municipal water- works plant and system of said City or the improvements or extensions there- to, so as to reflect any revision in the schedule of rates and charges being imposed at the time of the issuance of any such additional bonds and adjust the net revenues as if the increased rates had been in effect during the whole of the preceding fiscal year. Such adjust- ment shall be evidenced by a certificate of the independent consulting engineer, a copy of which shall be filed with the City Clerk. Bonds Issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be subject to the foregoing restrictions provided the bonds being refunded ma- ture within three months of the date of such refunding and no otber funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to the restrictions of this resolution. Section 15. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain insurance for the benefit of the holders of the bonds issued hereunder of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business and all moneys received for losses under such insurance policies, except public liability, shall be used in making good the loss or damage in respect of which they were paid either by repairing the property damaged or replacing the property destroyed, or if not so needed, shall be deposited in the "Depreciation, Extension and Im- provement Fund". The payment of premiums for all insurance policies required under tbe provisions of this section shall be considered an operation and maintenance expense. The City of Dubuque agrees that so long as any of the bonds herein au- thorized or any bonds ranking on a par- ity therewith remain outstanding it will keep proper books of record and ac- count, separate from all other municipal records and accounts, showing com- plete and correct entries of all transac- tions relating to said municipal water- works plant and system, and that the holders of any of said bonds shall have the right at all reasonable times to in- spect the plant and system and all records, accounts and data relating thereto. The City shall require the per- son in charge of the plant and system to make quarterly reports to the City Council on the operation of the plant and system, including a statement of the receipts and disbursements and the al- location of moneys to the several separate funds as required by this res- olution with comparable information for the same quarter of the then last preceding year, and a summary of each such report shall be promptly mailed to the original purchaser of the bonds here- by authorized. The City further agrees that it will within ninety (90) days fol- lowing the close of each fiscal year cause an audit of such books and ac- counts to be made by a certified public accountant not In the regular employ of the City showing the receipts and dis- bursements for account of the muni- cipal waterworks plant and system and that a copy of such audit will be for- warded to the original purchaser of the bonds herein authorized and summaries thereof will be forwarded to any holder of any of the bonds authorized to be issued under the terms of this resolution upon request. Each such audit, in addi- tion to whatever matters may be thought proper by the accountant to be included therein, shall include the following: (a) A statement in detail of the income and expenditures of the municipal waterworks plant and system for such year, and for the next prior year. (b) A balance sheet for the current year. (c) The accountant's comments regarding tbe manner in whicb the City has carried out the requirements of this resolution, and his recommen- dations for any changes or im- provements in the operation of the plant and system. (d) Alistofallthelnsurancepoliciesin force at the end of the year, setting out as to each policy the amount of tbe policy, the risks covered, the hereinafter provided in (2), cause notice name of the insurer and the exp'- of the proposed amendment to be ration date of the policy. mailed to each of the holders of revenue (e) The number of customersserved by bonds registered as to principal at the the municipal waterworks plant and address appearing on the registration system at the beginning and at the books and also to the original purchaser end of the period and the number of or purchasers of the revenue bonds, and gallons pumped and the number sold. (2) cause notice of the propos~d All expenses incurred in the making of amendment to be published one tIme m the audits required by this Section shall a fman.clal new~paper or Journal pub- be regarded as a maintenance and hshed m the CIty of Ne~ York, New operation expense. York. Such notice shall brIefly set forth Section 16. The provisions of this the nature of the proposed amendment resolution shall constitute a contract ;~o~;s~~lla~:~~a:~r~t r~s~;:;'~no;s t~~ between the CIty of Dubuque and the file in the office of the City Clerk for holders of the bonds her~m authorIzed public inspection. to be ISsued as may from tIme to tIme be . .. outstanding and after the issuance of Whenever at any time wIthIn one any of said bonds no change, variation year from the date of the p~bllcatlOn of or alteration of any kind of the provi- s~ld notice there shall be filed with the sions of this resolution may be made in CIty Clerk an mstrument or mstruments any manner except as hereinafter in this execut~d by the holders of at least section provided until such time as all of two-thirds In aggregate princIpal said bonds issued hereunder and inter- amount of the bonds and parIty bonds est thereon shall have been paid in full. then outstanding as in this section The holders of two-thirds in principal defined, which instrument or in- amount of the bonds and parity bonds at struments shall refer to the proposed any time outstanding (not including in am~ndatory resolution described in said any case any bonds which may then be notice, and shall specIfICally consent to held or owned by or for the account of and approve the adoption thereof, the City, but including such refunding thereu~on, but not otherwISe, the City bonds as may be issued for the purpose Council may adopt such am~ndatory of refunding any of the bonds herein resolutIOn a~d such resolutIOn shall authorized if such refunding bonds shall become effective. not then be owned by the City) shall If the holders of at least two-thirds in have the right from time to time to aggregate principal amount of the , consent to and approve the adoption by bonds and parity bonds outstanding as the City Council of the City of a resolu- in this section defined, at the time of the tion or resolutions modifying or adoption of such amendatory resolu- amending any of the terms or provisions tion, or the predecessors in title of such contained in this resolution; provided, holders, shall have consented to and however, that this resolution may not approved the adoption thereof as herein be so modified or amended in such provided, no holder of any bonds manner as to: whether or not such holder shall have (a) Make any change in the maturity consented to or shall have revoked any or redemption terms of the bonds. consent as in this section provided, shall (b) Make any change in the rate of have any right or interest to object to interest borne by any of the bonds. tbe adoption of such amendatory res- (c) Reduce the amount of the principal olution or to object to any of the terms payable on any bond. or provisions therein contained octo the (d) Modify the terms of payment of operation thereof or to enjoin or re- principal of or interest on the bonds, strain the City from taking any action or any of them, or impose any condi- pursuant to the provisions thereof. tions with respect to such payment. Any consent given by the holders of a (e) Affect the rights of the holders of bond pursuant to the provisions of this less than all of the bonds then section shall be irrevocable for a period outstanding. of six months from the date of such (f) Reduce the percentage of the prin- consent and shall be conclusive and cipal amount of bonds the consent of binding upon all future holders of the the holders of which shall be required same bond during such period. Such to effect a further modification. consent may be revoked at any time Whenever the City shall propose to after six months from the date of such amend or modify this resolution under consent by the holder who gave such the provisions of thissection, it shall (1) consent or by a successor in title by prior to the publication of the notice, filing notice of such revocation with the 372 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 City Clerk, but such revocation shall not be effective if the holders of two-thirds in aggregate principal amount of the bonds outstanding as In this section defined shall have, prior to the attempt- ed revocation, consented to and ap- proved the amendatory resolution referred to in such revocation. The fact and date of the execution of any instrument under the provisions of this section may be proved by the cer- tificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgements of deeds within such jurisdiction, that the persons sign- ing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a wit- ness to such execution sworn to before such officer. The amount and numbers of the bonds held by any person executing such instrument and the date of his holding the same may be proved by the affidavit of such person or by a cer- tificate executed by any responsible bank or trust company showing that on the date therein mentioned such persons had on deposit with such bank or trust company the bonds described In such certificate. Section 17. If any section, paragraph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its passage and approval. Section 18, That all resolutions or orders or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July I9, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption ofthe resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 276-76 RESOLUTION directing the adver- tisement 01 $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa. WHEREAS pursuant to proper proceedings tbe City of Dubuque in Dubuque County, Iowa, has heretofore determined it to be necessary and advi- sable to construct Improvements and extensions to tbe municipal waterworks plant and system of said City; and WHEREAS said City contemplates the issuance of $5,700,000 Water Revenue Bonds, 1976 Series, for the purpose of paying the cost of con- structing said improvements and ex- tensions, and it is necessary and for the best interests of said City that said bonds be offered for sale at this time; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Water Revenue Bonds, 1976 Series, of said City in the amount of $5,700,000 be offered for sale pursuant to advertisement, said bonds to be dated July 1, 1976, with interest payable January 1, 1977, and semian- nually thereafter on the first days of July and January of each year, and to mature serially and in numerical order on July 1 of each of the respective years as follows: Year Amount Year Amount 1977 $100,000 1987 $300,000 1978 200,000 1988 300,000 1979 200 000 1989 300,000 1980 200,000 1990 350,000 1981 200,000 1991 350,000 1982 200,000 1992 400,000 1983 200,000 1993 400,000 1984 250,000 1994 400,000 1985 250,000 1995 400,000 1986 250,000 1996 450,000 but with the right reserved to the City to call and redeem the bonds maturing in the year I991 to 1996, inclusive, prior to maturity in whole, or from time to time in part in inverse order of ma- turity and within a maturity by lot, on any Interest payment date on or after July I, 1990, on terms of par and ac- crued interest to the date of redemp- tion plus a premium of three per cent (3%) of tbe principal amount of any of such bonds called for redemption. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more successive weeks and on the same day of each week in the "Telegraph-Herald", a legal newspaper printed, published and of general cir- culation in Dubuque County, Iowa, such notice to state that bids will be received and acted upon by this Council at a meeting to be held at the Council Chambers in the City Hall, in the City of 17,1976, and has determined that voting machines shall be used at said election; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That a special municipal election is hereby called and ordered to be held in and for the City of Dubuque, Iowa, on Tuesday, the 17th day of AUGUST, 1976, at which there shall be submitted to the voters of said City the following proposition. to wit: Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? Section 2. That for said election on said proposition the City shall be divid- ed Into twenty-five precincts, the boun- daries of which shall be delimited by Ordinance No. 28-72 of said City. The polls shall be kept open from seven o'clock AM. until eight o'clock P.M. and the polling places within the respective election precincts shall be as follows: Prec. Code Polling Places 1st 1 Marshall School - 1450 Rhomberg Ave. Dubuque County Court- house - 720 Central Ave. Sacred Heart School - 2211 Queen Street Christensen's Greenhouse - 2635 Windsor Ave. Holy Ghost School- 2901 Central Ave. Fulton School - 2540 Central Ave. Audubon School - 535 Lincoln Fire Station - West 18th & Central Ave. Amalgamated Meat Cut- ters Union Bldg. - 1111 Bluff 10th 10 Mercy Hospital Nurses Home - 252 Peabody 11th 11 Bryant School - 1280 Rush 12th 12 YMCA Dodge & Booth Streets 13th 13 Washington Jr. High School - 51 No. Grandview 14th 14 Fire Station No.4 - University & Atlantic 15th 15 Lincoln School - 1101 West 5th Street 16th 16 Jackson School - 715 West Locust 17th 17 Dubuque Senior High School - 1800 Clark Dr. Dubuque, Iowa, at 1:00 o'clock P.M" on the 5th day of August, 1976. Section 3. That the City Clerk is further authorized to prepare such cir- culars for further advertisement as may be deemed advisable, in order to afford due publicity to the sale of said bonds. Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 277.76 RESOLUTION calling an election on the proposition of Issuing bonds for the purpose of con- structing a Civic Center. WHEREAS it is deemed necessary and advisable that the City of Dubuque, in Dubuque County, Iowa, construct and equip a Civic Center and acquire a site therefor in said City, for which purpose it will be necessary to borrow money and issue bonds of said City: and WHEREAS the construction and equipment of this Civic Center and the acquisition of a site therefor constitutes a "city enterprise" and a "general cor- porate purpose" within the meaning of Section 384.24 of the Code of Iowa, 1975, as amended; and WHEREAS the estimated cost of constructing and equipping said Civic Center and of acquiring a site therefor is $3,700,000 and before this project can be carried out and before bonds of said City may be issued to cover the expense thereof, the question must be presented to the voters of said City for their ap- proval as required by Section 384.26 of the Code of Iowa, 1975, as amended; and WHEREAS under the provisions of Section 47.2 of the Code of Iowa, 1975, as amended, the County Commissioner of Elections is charged with the re- sponsibility of conducting all elections and he has approved the submission of this bond proposition at a special City election to be held on Tuesday, August 2nd 3rd 4th 5th 6th 7th 8th 9th 373 374 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 375 18th 18 Irving School - 2520 Pennsylvania Ave. 19th 19 Kennedy School - 2135 Woodland Drive 20th 20 HempsteadHighSchool- 3715 Pennsylvania Ave. 21st 21 Eisenhower School- 3170 Spring Valley Road 22nd 22 Wahlert High School - 2005 Kane Street 23rd 23 Wahlert High School - 2005 Kane Street 24th 24 No.5 Engine House - 689 So. Grandview 25th 25 SI. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road The polling place for the Absentee Ballot and Special Voters Precinct will be at the Dubuque County Courthouse in the City of Dubuque, Iowa. Section 3. That as required and provided for by Sections 49.53 and 384.26 of the Code of Iowa, 1975, as amended, the County Commissioner of Elections is hereby authorized, em- powered and instructed to issue a pro- clamation and notice of election on said proposition and of the time and places thereof, by publication of such notice in the "Telegraph-Herald", a legal news- paper published in said City of Dubuque, Iowa, and having a general circulation therein. As provided by Sec- tions 49.53 and 384.26 of the Code of Iowa, 1975, as amended, such notice shall be published in said newspaper at least once not less than four (4) nor more than twenty (20) days prior to the day of the election and shall show all public measures, including the bond proposition, to be voted upon at said election, the date of the election, the hours the polls will be open and the precincts and polling places for the election. Said notice shall be in sub- stantially the following form: NOTICE OF SPECIAL ELECTION ON CIVIC CENTER BOND PROPOSITION DUBUQUE,IOWA PUBLIC NOTICE is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on Tuesday, the 17th day of August, 1976, at which there will be submitted to the qualified voters of said City, to be by them voted upon, the proposition of issuing bonds of said City in an amount not exceeding $3,700,000 for the purpose of constructing and equipping a Civic Center and acquiring a site therefor in said City. At said election voting machines will be used for the submission of the afore- said proposition and ballots prepared 21st 21 therefor will have the proposition print- ed thereon in substantially tbe following form: (Form of Ballot) (Notice to Voters: For an affirma- tive vote on any question submit- ted upon this ballot, pull down the lever above the word "Yes". For a negative vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? The polls for said election will be open from seven o'clock A.M. until eight o'clock P.M. of said day. For said election the City will be divided into twenty-five election precincts, the boundaries of which shall be as delimited by Ordinance No. 28-72 of said City, and said precincts and the respective polling places therefor will be as follows: Prec. Code Polling Places 1st 1 Marshall School - 1450 Rhomberg Ave. Dubuque County Court- house - 720 Central Ave. Sacred Heart School - 2211 Queen Street Christensen's Greenhouse - 2635 Windsor Ave. Holy Ghost School- 2901 Central Ave. Fulton School - 2540 Central Ave. Audubon School - 535 Lincoln Fire Station - West 18th & Central Ave. Amalgamated Meat Cut- ters Union Bldg. - 1111 Bluff 10th 10 Mercy Hospital Nurses Home - 252 Peabody lith 11 Bryant School - 1280 Rush 12th 12 YMCA Dodge & Bootb Streets 13th 13 Washington Jr. High School - 51 No. Grandview 14th 14 Fire Station No.4 - University & Atlantic 15th 15 Lincoln School - 1101 West 5th Street 16th 16 Jackson School - 715 West Locust 2nd 3rd 4th 5th 6th 7th 8th 8 9th lith 11 17th 17 Dubuque Senior High School- 1800 Clark Dr. 18th 18 Irving School - 2520 Pennsylvania Ave. 19th 19 Kennedy School - 2135 Woodland Drive 20th 20 HempsteadHighSchool- 3715 Pennsylvania Ave. 21st 21 EisenhowerSchool-3170 Spring Valley Road 22nd 22 Wahlert High School - 2005 Kane Street 23rd 23 Wahlert High School - 2005 Kane Street 24th 24 No.5 Engine House - 689 So. Grandview 25th 25 SI. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road The polling place for the Absentee Ballot and Special Voters Precinct will be at the Dubuque County Courthouse in the City of Dubuque, Iowa. All qualified voters of said City are hereby notified to appear at said elec- tion, each to vote at tbe polling place for the election precinct in which such voter resides, or permitted by statute. This notice is given by order of the City Council of the City of Dubuque, Iowa, and the County Commissioner of Elections, pursuant to Chapters 47, 49, 376 and 384 ofthe Code of Iowa, 1975, as amended. DATED at Dubuque, Iowa, this ..... day of ......" 1976. 21st 21 County Commissioner of Elections Section 4. That voting machines shall be used for said election and the County Commissioner of Elections is authorized and directed... to cause ballots for vot- ing on said proposition to be prepared in such size as will permit the same to be inserted in the proper place in each voting machine in substantially the fol- lowing form: (Form of Ballot) (Notice to Voters: For an affirma- tive vote on any question submitted upon this ballot, pull down the lever above the word "Yes". For a nega- tive vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? The County Commissioner of Elec- tions is authorized and directed to have the ballots for absent voters prepared on yellow colored paper in substantially the following form, with his facsimile signature in tbe space provided therefor on the back of the ballot: (Face 01 Ballot) (Notice to Voters: For an affirma- tive vote on any question submitted upon this ballot make a cross (x) mark on check (v) in the square after the word "Yes". For a nega- tive vote make a similar mark in the square following the word "No".) SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3,700,000 for the purpose of constructing and equipping a Civic Center and ac- quiring a site therefor in said City? (Back 01 Ballot) Official Absent Voters Ballot for Bond Proposition Special Election, Dubuque, Iowa August 17, 1976. (Facsimile Signature) County Commissioner of Elections Absentee Ballot and Special Voters Precinct County Courthouse, Dubuque, Iowa Section 5. That for said election the precinct election officials in the respec- tive election precincts shall be appoint- ed by the County Commissioner of Elections as required by Sections 49.12 and 49.13 of the Code of Iowa, 1975, as amended. Section 6. That upon the closing of the polls for said election the precinct election officials therefor shall file reports of the results of the vote on said proposition with the County Commis- sioner of Elections in order that such results may be referred to the County Board of Supervisors at its meeting to be held on the next Monday after said election at the County Courthouse, Dubuque, Iowa, at 9:00 o'clock AM. for the purpose of canvassing and declaring the results of said election, as required and provided for by Section 50.24 of the Code of Iowa, 1975, as amended. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 8, That this resolution be in force and effect immediately upon its passage and approval. 376 Adjourned Special Sessjon, July 19, 1976 Passed and approved July 19, 1976. Alvin E. Lundb Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzbefger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 278-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Leonard "Jack" Crane, 2245 J.F.K. Rd. Eska Co" 2400 Kerper Blvd. John P. Mihalakis. 2095 Kerper Blvd. Merchants Hotel, 304 Main St. Milk House (Ed Tegeler). 2850 Burling- ton St. Helen Spielman, 2401 Windsor Ave. Robert Broughton, 205 Locust Street Passed. adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzbergrer Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis. Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Application of Transfer of Beer Per- mit by Dubuque Jaycees from 1023',1 Main Street to McAleece Field for July 29th to August 15th and September 11th & 12th, 1976, presented and read. Coun- cilman Tully moved that the transfer be approved. Seconded by Councilman Wertzberger. CaITied by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 279-76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED By The City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Earl Tegeler, d/b/a Milk House, 2850 Burlington St. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger EmilStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- men Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 280-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, tbe premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordi- nances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council oftbe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Earl Tegeler, d/b/a Milk House, 2850 Burlington St. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Adjourned Special Session, July 19, 1976 Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 281-76 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia Revelle, d/b/a Choral Club, 2776 Jackson Street Sally Josephine Roy, d/b/a Corner Tavern, 400 Central Avenue Roger R. Piekenbrock, d/b/a The Red- stone, 504 Bluff Street Parochetti Enterprises Inc., d/b/a Dave's Point After, 2600 Dodge Street CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Sun- day Sales), 701 Dodge Street Passed, adopted and approved this 19th day of July. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 282-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and tbey have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply wltb the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia Revelle, d/b/a Choral Club, 2776 Jackson Street Sally Josephine Roy, d/b/a Corner Tavern, 400 Central Avenue Roger R. Piekenbrock, d/b/a The Red- stone, 504 Bluff Street Parochetti Enterprises, d/b/a Dave's Point After, 2600 Dodge Street CLASS "B" (MOTEL-HOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Sunday Sales), 701 Dodge Street Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Councilman Stackis moved that the Mayor be authorized to communicate with the City Development Board transmitting annexation report and ex- pressing unanimous opinion of Council favoring November 2nd as election date on annexation. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. At 8:55 P.M. Councilman Wertzberger moved to go into Executive Session to consider appointments to Boards & Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Councii Reconvened in Regular Ses- sion at 9:07 P.M. 377 378 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 20, 1976 379 Mayor Lundh moved that the follow- ing appointments be affirmed and approved: Dr. Frank E. Ciccarelli to the Plumb- ing Board, term expiring 11-2-80; Charles Oberembt, Ray Kluck and Roy Sprengelmeyer to the Electrical Ex- amining Board, terms expiring 7-12-80; Paul Uhlrich, Mike Cahill and Walter Johnson to the Electrical Appeal Board, terms expiring 7-12-80. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Councilman Stack- is. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully,.Wertzberger. Nays-None. Absent - Councilman Brady. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Adjoumed Special Session, July 20, 1976. Council Met at 4:00 P.M. (C.D.T.) Present - Mayor Lundh, Council- men Brady, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Councilman Stack is at RollCall. Mayor Lundh read the call and stated tbat service thereof had been duly made and this Meeting is called for the pur- pose of ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THE MEETING. Councilman TulÌy moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. AI Gatena of 1806 Glendale Ct. stated to the Council- This is poor example of an open meeting; No la~ge manufac- turer would be interested in downtown congested area; Caradco should not have preferred treatment; Council ideas are not wrong, however mature; Tax- payer's money should not be used on a gamble; City government should not become involved in private enterprise; Suggesting to table the situation for a two year period. Councilman Stackis entered the Council Chambers at 4:07 P.M. George Stackis spoke to Council stating Caradco could sell as warehous- ing; Main objective now is to find jobs for 500 people; It is not a bail out. Allan Thoms addressed the Council saying 500 jobs are being considered for Approved ..... 1976 Adopted...... . 1976 .................... Councilmen Attest: ... City Clerk employment; Consider.Community Development Funds in that particular area; Areas in tbe Community are thin at the present time; Peosta area is not a local tax base; Flexibility could be put into the tax base. Bob Dorothy stated the purchase of Caradco Buildings is not as a bail out for Caradco; Requesting to look at it strict- ly as a business proposition; Will need 400 acres within the next 15 years; 9\\ acres is land in the bank. Mrs. Sacco representing the League of Women Voters, questioned Where will money come from; Is Council being pressed in a short period of time? She had received a lot of calls opposed to purchase of Caradco; People should be fully aware of situation; Suggesting to buy some rime after referendum on Civic Center and annexation; Possible have a survey thru Advisory Commission. Councilman Brady moved to make an offer to Caradco at the present price per acre as on Industrial Island. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Wertzberger. Nays - Councilmen Stackis, Tully. At 5:18 P.M. Councilman Tully moved to go into Executive Session for dis- cussing price and enter into negotia- tions. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays Councilman Brady. Councilman Brady did not attend Ex- ecutive Session. Council reconvened in Regular Ses- sion at 5:35 P.M. Mayor Lundh made the following statement: "City Council has offered Mr. Day of Caradco the price suggested 380 Adjourned Special Session, July 20, 1976 Regular Sessjon, August 2, 1976 381 CITY COUNCIL Approved Adopted. Councilmen Attest: ..... City Clerk 1976 OFFICIAL Regular Session, August 2, 1976. Council Met At 7:30 P.M. (C.D.T.) Present - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. Clly Manager Gilbert D. Chavenelle. ' Mayor Lundh read the call and stated thatservice thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose of act- ing upon such business as may properly come before the Meeting. Tim Stockman spoke to the Council on pollution. A Proclamation proclaiming Monday, August 9, 1976 as "Jose Cardenal Day" in Dubuque, Iowa was approved and signed by the Mayor. Communication of Community Development Commission submitting minutes of their meeting of July 13, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays-None. Communication of Dubuque Airport Commission submitting minutes of their meeting of July 8, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis. Tully, Wertzberger. Nays - None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of July 21,1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Transit Trustee Board submitting minutes of their meetings of July 8tn and July 16, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady. Stackis, Tully, Wertzberger. Nays-None. Communication of Housing Commis- at the table. At this time further discus- sions for purchase of Caradco is finished". Councilman Tully moved to cease negotiations with Caradco for property about to be vacated. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Stackis. There being no further business, Councilman Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carried by the foilowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk 1976 sion submitting minutes of their meet- ing of July 20, 1976. presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of Juiy 27, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of State Historical Department of Iowa informing the City that Washington Park has been recom- mended by the State Nominations Review Committee for inclusion in the National Register of Historic Places, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the foi- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays-None. Notices of Expiration of Right of Redemption and for Taking Tax Deed for the following properties "Lots 14 and 15 in Kings Grove Addition in the City of Dubuque, Iowa; Lot 2 of the Subdivision of Lot 1 of Block 13 of Steger Heights in the City of Dubuque, Iowa; North 34 feet of the Westerly 100 feet of Lot 7 of the Subdivision of City Lots 438,439 and part of 676 in the City of Dubuque, Iowa; Lot 2 of the Subdivision of Lot "B" in Cooper's Subdivision of Out Lot 727 in the City ofDubuque.10wa; and Lot 99 in Belmont Addition in the City of Dubuque. Iowa", presented and read. Councilman Tully moved that the No- tices be referred to the City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays-None. Juiy 29, 1976 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 Code of Iowa, of the 1975 Code of Iowa the Civil Service Com- mission conducted BUS OPERATOR examinations on July 28.1976. The following named applicants have