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1976 December Council Proceedings 566 Special Session, November 15, 1976 the appointments. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Leo F. Frommelt City Clerk Approved .".......,.......' 19-. Adopted. ...,........ 19- ...."........."......... """""". """""""".. "....."........"........ Councilmen Attest: ....." ................ ..' City Clerk Regular Session, December 6, 1976 567 CITY COUNCIL OFFICIAL Regular Session, December 6,1976. Council Met at 7:30 P.M. (C.S.T.) Present - Mayor Lundh, Council. men Brady, Stackls, Tully, Wertz. berger. City Manager Gilbert D. Chav.nelle. Mayor Lundh read the call and stated that service thereof had been duly made and this is a REGULAR MEETING of the Council called for the purpose of acting upon such business as may properly come before the Meeting. Kerin Moldenhauer, Sandy Sander. son and C. Robert Justmann, members of the "Operation Sleigh" Committee submitted a report of their activities concerning the Christmas project for the U.s.S. Dubuque: 100 dozen Christ. mas Cookies, donated by James Sutter of Moes Bakery,; 2 boxes Betty Jane Candy donated by John Heinz; Assorted Christmas Candies donated by Cliff Walsh of the Walsh Stores, and 600 Christmas Cards by Sister Tress Klein of MI. SI. Francis Convent were sent to the crew and officers of the ship. Communication of Dubuque Ambas. sadors requesting an audience to pre. sent awards recently won in the Iowa Community Betterment Contest, pre. sented and read. Mike Keegan, Chair- man of Dubuque Ambassadors, ad- dressed the Council stating this is the third year in a row that the City of Dubuque Ambassadors have been recognized by the State of Iowa; City was awarded 2nd place; Received a check for $300.00, which was presented to the City. Councilman Stackis moved that the communication of Dubuque Ambas- sadors be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of November 11, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Planning & Zon- ing Commission submitting minutes of their meetings of November 17 and December 1, 1976, presented and read. Councilman Tully moved that the min. utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Housing Commis. sion submitting minutes of their meet- ing of November 16, 1976, presented and read. Councilman Tully 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 Dock Commission submitting minutes of their meetings of November 3rd and 10th, 1976, presented and read. Councilman Tully 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 Housing Rehabili- tation Commission submitting minutes of their meeting of November 9, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Airport Commission submitting minutes of their meeting of November 10, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of DMATS submit- ting minutes of their meeting ofOctober 28, 1976, presented and read. Council. man Tully moved that the minutes be received anti filed. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Citizens Advisory Commission submitting minutes of their meeting of November 23, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen 568 Regular Session, December 6, 1976 Brady, Stackis, Tully, Wertzberger. Nays- None. Communication of Five Flags Center Building Committee submitting min- utes of their meetings of November 18, 24, 30 and December 2, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Iowa .D.O.T. sub- mitting meeting dates along with legend of Great River Road and Federal Aid Highway Program manual, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Iowa D.E.Q. being in receipt of progress report and en- couraging the City to comply with provisions of the permit relative to Wastewater Treatment Facility, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of State of Iowa City Development Board advising that a rehearing will be held on annexation on December 6, 1976; also addendum to brief and agreement on annexation pe. tition submitted by the City Attorney, presented and read. Councilman Wertzberger moved that the commun' ication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Chamber of Com- merce, Budget Review Committee, re- submitting a copy of Chamber's recom' mendations for budget year 1977, pre- sented and read. Councilman Wertz- berger moved that the communication 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. Communication of Dock Commission (forward from meeting of November 15th) relative to the dispositinn of towboat "Sergeant Floyd" (City Man. ager's cost of mooring and operation cost), presented and read. Councilman Stackis moved to suo spend the rules to let anyone 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. Dock Commissioner Wayne Molden. hauer spoke to Council recommending that the City not proceed any further toward mooring of "Sergeant Floyd"; Too Expensive. Councilman Wertz- berger moved that the Dock Commis. sion not accept original proposal from U.S. Army Corps of Engineers but to go back to them witb a counter proposal. Seconded by Councilman Brady. Car- ried by tbe following vote: Yeas - Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Councilman Stackis moved tbat the communication of Dock Commission be 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 Iowa Mississippi River Parkway Commission encourag- ing the City to attempt to secure tbe Sergeant Floyd and establisb a perman- ent bome for it, presented and read. Councilman Stackis moved tbat 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. Communication of Dock Commissinn submitting copy of proposed lease with Katuin Bros. Inc" presented and read. Councilman Wertzberger moved that the communication and lease be referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dock Board requesting that the Commission and Attorney Bertsch be given an oppor- tunity to discuss leasing of Dove Harbor and old Burlington Freighthouse, pre. sented and read. Mayor Lundh moved that the communication be referred to the Dock Commission for continued Regular Session, December 6, 1976 569 negotiations. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. November 22, 1976 Honorable Mayor and Councilmen In considering the rezoning request of Mr. Don Staley for expansion of a C-2 Commercial District to include two lots lying west of the A. & P. Store in the 3400 block of Asbury Road and extend- ing southward to Dana Drive, the City of Dubuque Planning and Zoning Com- mission received the attached petition bearing the signatures of 99 area reo sidents objecting to Mr. Staley's reo quest. The Staley request was thereafter withdrawn. The petition submitted to the Com. mission by the area residents also proposed reclassification of the Asbury Road-Dana Drive property from C.2 Commercial District and R.5 Residen- tial to R-4 and R-3 Residential District classificatIons, respectively as shown on the attached map and described as follows: From C-2 to R.4 District classifica- tion: the westerly 40 feet of Lot 8 of Block 1 and the westerly 40 feet of Lot 8 of Block 2 in Westchester Subdivision; in the City of Dubuque, Iowa. From R-5 to R-3 District classifica. tIon: Lots 1 through 7 of Block 1 and Lots I through 7 of Block 2 all in Westchester Subdivision in the City of Dubuque, Iowa. The commission has determined that the current zoning classification applied to the subject properties is appropriate and consistent with long.standing land use policy for that vicinity and recom- mends the petition for reclassification be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzberger moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Planning & Zon. ing Commission advising of no action taken on the H.R.W. request for zoning reclassificatIon of 19 acres in Key Knolls Sub. unit! west side traffic problems are resolved, presented and read. Robert Bertsch, representing H.R.W. As- sociates, addressed the Council requesting a Public Hearing; Incumbent upon Council to comply with Ordinance Requirement. Councilman Wertzberger moved that the communication of Planning & Zoning be referred to the next Council Meeting on December 20, 1976. Seconded by Councilman Stackis. Carried by the following vote: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Finance Director submitting Annual Financial Report ending June 30, 1976. presented and read. Councilman Stackis moved that the communication and report be received and filed. Seconded by Coun. cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Fays-None. CommunicatIon of Recreation Direc- tor submitting financial and participa- tion report on the operation of the San Jose Center thru November, 1976, pre- sented and read. Councilman Wertz- berger moved that the communication and report be received and filed and recommendatIon of Recreation Director be accepted. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays-None. Communications of Iowa D.E.Q. sub- mittingwater main extension permit for Mettel-ByrneAddn., Blocks 14 & i5 and Water Main and Sanitary Sewer Exten- sion permits for Jaeger Heights Sub. division, presented and read. Council. man Stackis moved that the commun. ications be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None., December 3,1976 Honorable Mayor and City Council The Mettel Realty and Investment Company has requested the installatIon of two street lights along Short Street. The Electrical Inspector has inspected the area and it is recommended that the request be approved. I have attached Mr. Alber's letter reporting the situation. Gilbert D. Chavenelle City Manager Regular Session, December 6, 1976 571 570 Regular Session, December 6, 1976 Councilman Wertzberger. Carried by the followIng vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Councilman Stackis moved that the communication be received and fiied and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. November 16, 1976 Honorable Mayor and City Council On October 12, 1976, claim was filed against the City of Dubuque, Iowa by James R. Kemp, 2660 Queen Street, in the amount of $135.00 claiming damages tothe siding of his home In August, 1976 as the result of baseballs repeatedly striking said house while children were playing at the Queen and Burden Streets Playground and damaging the sidIng. This matter was referred to the ap- propriate City Agency who has inves- tigated the same and has reported to the City Attorney's by way of written report that said matter has been amicably dis- posed of. In view of the foregoing, it is the recommendation of the City Attor- ney that the claim of James R. Kemp be denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Tully moved that the communication be received and fiied and recommendation of denial be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Honorable Mayor and City Council On November t, 1976, Elroy J. Hinz, 1896 Finley Street, filed claim against the City of Dubuque in the estimated amounts of $80.64 and $S2.40 claiming damages to the left fender of his truck, resulting from a city owned truck, operated by a city employee, allegedly backing into his vehicle while it was parked on LaVista DrIve on October 1. 1976. Said matter was referred to the ap- propriate City Agency who made an investigation thereof and reported to the City Attorney's office on November 16, 1976 by written report advising that said matter had been amicably disposed of. fn view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. R.N. Russo City Attoroey November 23, 1976 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Health Department, Water Superinten- dent, as well as a list of claims paId, for the month of October, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and fiied. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. proof of publication, certified to by the publisher, of Receipts and Expendi- tures, also list of claims paid for the month of October, 1976, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. December 3, 1976 Honorable Mayor and City Council I have appointed Mr. Leonard Backes for a second term on the Plumbing Board extending to November 2, 1981. Also, I have appointed Mr. Thomas Geisler to fiil the unexpired term of Mr. Robert Mond on the Heating, ventilat- ing, Air-Conditioning and Refrigeration Board to March 16, 1978. I request that you affirm these appointments. Gilbert D. Chavenelle City Manager Councilman Stackls moved that the communication be received and filed and appointments approved- Seconded by Councilman Wertzberger- Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger- Nays - None- printed Council Proceedings for the month of July, t976, presented for Council approval. Councilman Stackis moved that the Council Proceedings be approved as printed. Seconded by Councilman Tully moved that the communication be received and fiied and recommendation of denial be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. November 12, 1976 Honorable Mayor and City Council On August 22,1976, Vèlma H. Wild of 752 University, filed claim against the City of Dubuque, Iowa claiming per- sonal injuries suffered by her on August 9, 1976 as the result of a fall at the intersection of University Avenue and Air Hili Street due to slipping on loose gravel in the street claiming damages in the amount of $45.65. This matter was referred to the City Attorney's office who has made an in- vestigation of this matter and has con- sulted with the claimant and finds that she is willing to settle her claim in the amount of $45.65 and it is therefore the recommendation of the City Attorney that said claim of Velma H. Wild in the amount of $45.65 be approved and that the City Auditor be instructed to draw warrant payable to VelmaH. Wild in the amount of $45.65 and transmit same to the City Attorney for delivery upon receipt of duly executed release. Original claim as filed is herewith returned. R. N. Russo City Attorney Councilman Tully moved that the communication be received and fiied and recommendation of settlement be approved and City Auditor directed tó issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. November 12, 1976 Honorable Mayor and City Council On or about November 13, 1974, City of Dubuque, Iowa was served with Original Notice with petition attached of action filed in the District Court in and for Dubuque County, Iowa being Law No- 40357, wherein Donald J. Men- adue was plaintiff and City of Dubuque, Iowa was named defendant and wherein plaintiff claimed damages against the City of Dubuque alleging that he suf- fered personal injuries on August 16, 1974 as the result of stepping into a hole in the street alleging that said defect caused his injuries and fall and as the result of said fall the plaintiff prayed for damages in the amount of $3000.00. The location of said alleged defect was in the curb and street abutting the premises of 2749 Musc"tine Street in the City of Dubuque, Iowa. The matter was ready for trial before court on the 12th day of November, 1976 and just immediately to said trial, the plaintiff made an offer of settlement in the amount of $550.00 and that defen- dant pay the court costs and costs of deposition. The costs of deposition are in the amount of $S7.60 and the court costs are in the amount of $18.75. As the result of plaintiff's injuries, the plaintiff suffered damages for medical expenses, X-ray and loss of income in the amount of $375.00 and it is the recommendation of the City Attorney's office that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Donald J. Menadue and transmit the same to the City At- torney for delivery upon receipt of deposition expense in the amount of $87.60 and court costs in the amount of $18.75. R. N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of Gloria Ann Fox, in the amount of $431.57 for car damage incurred as the result of being struck by a City Fire Truck on October 26, 1976, at 2644 Pinard Street, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Suit of Thomas V. Chap- man, in the amount of $2500" for per- sonal injuries received in a fall on a defective sidewalk on the westerly side of White Street to the rear of 1825 Cen- tral Ave" on September 9, 1975, pre- sented and read. Councilman Tully moved that the Notice of Suit be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 572 Regular Session, December 6, 1976 Notice of Claim of J. Robert Alvis III, small claims in the amount of $50" for car damage incurred by th~e entry gate of the Locust Street Parking Ramp, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for in- vesigation and report. Seconded by Councilman Wertzberger. 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 to consider amending the Zoning Ordinance to create an OR-1"a" Of- fice-Residential District, presented and read. No written objections were filed and no oral objectors were present in :~: ~~:r7~~. ~~~~~i~~~~t~:a~::;: ~e~:~~ I 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. ORDINANCE NO. 60-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE,IOWA" TO ENACT A NEW SECTION 4.109.7 OF ARTICLE IV THEREOF, CREATING AN OFFICE- RESIDENTIAL DISTRICT OR-1 "a" PRESCRIBING, THEREIN, A GENERAL STATEMENT OF INTENT, PRINCIPAL PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, AND A SCHEDULE OF DISTRICT REGULA. TIONS FOR SAID DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of November 1, 1976, presented for final adoption. ORDINANCE NO. 60-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA" TO ENACT A NEW SECTION 4.109.7 OF ARTICLE IV THEREOF, CREATING AN OFFICE. RESIDENTIAL DISTRICT OR.1"a", PRESCRIBING, THEREIN, A GENERAL STATEMENT OF INTENT, PRINCIPAL PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, AND A SCHEDULE OF DISRICT REGULA- TIONS FOR SAID DISTRICT. 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, Iowa" be and the same is hereby amended by enacting a new Section 4-109.7 of Article IV thereof, creating an OR-l"a" Office-Residential District as follows: "Article IV District Regulations Section 4-109.7 OR-I "a" Office-Re- sidential District Regulations 4-109.7.1 General Statement of intent The OR-l"a" Office-Residential Dis- trict is established to permit mixed professional office and residential uses for lower-intensity development areas, principally in those areas where new development is occurring and where the regulations of this district are compatible with develop- ment patterns currently established. 4-109.7.2 Principal Permitted Uses The principal permitted uses in the OR-I "a" Office-Residential District shall be the same as those prescribed in Section 4-109.2 Principal Permitted Uses for the OR-1 Office-Residential District. 4-109.7.3 Accessory Uses Accessory uses in buildings permitted in the OR-1"a" Office-Residential District sholl be the same as those set forth in Section 4-109.3 Accessory Uses for the OR-1 Office-Residential District. 4-109.7.4 Conditional Uses The Conditional Uses permItted in the OR-I"a" Office-Residential District shall be the same as the CondItional Uses prescribed in Section 4-109.4 for the OR-l Office-Residential District. 4-109.7.5 Prohibited Uses Uses prohibited within the OR-l"a'" Office-Residential District shall be the same os Prohibited Uses set forth in Section 4-109.5 for the OR-1 Of- fice-Residential District. 4-109.7.6 Schedule of District Regula- tions Adopted The Schedule of District Regulations for the OR-l"a" Office-Residential Dis- trict shall be the same as the Schedule of District Regulations set forth in Section 4-109.6 for the OR-l office Residential District. except that the maximum allowable height of struc- tures shall be thirty-five (35) feet, and that the moximum lot coverage (as a percentoge of totollot area) sholl be thirty-five (35) percent. Section 2. Thot the foregoing Ordin- ance has heretofore been approved by -~- - --,-,~ Regular Session, December 6, 1976 573 the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 6th doy of December. 1976~ Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this lOth day of December, 1976. Leo F. Frommelt City Clerk 1t12/1O Councilman Stackis moved finai adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackls, Tully, Wertzberger. Nays-None- Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32-75 so as to reclassify certain proper- ties from OR-1 Office Residential Dis- trict Classification and R-5 Residential District Classification to OR-l"a" Office Residential DIstrict Classification, pre- sented and read. No written objections were received prior to the hearing. Attorney Bertsch, representing Mr. Heitzmann, addrèssed the Council stat- ing that rezoning of North side of As- bury Road from R.5 to OR-1 District Classification met with over 90% of property owners and received good acceptance. Dr. Chun felt it was unfair to proper- ties already built to change OR-1 Clas- sification to OR-I"a" Classification along J.F.K. Road; Seeking for more time for discussion with Planning & Zoning and Council. RV. Hansel of the West End Business Men's Association was not against Heitzmann's proposal; OR-I"a" Clas- sification is in order; property owners on J.FK Road object 10 classification without being heard. Warren Butt concurred with Heitz- mann's request; but requested Council to table request of OR-I"a" Ordinance. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 61-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN. ANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY CERTAIN HEREIN. AFTER DESCRIBED PROPERTIES FROM R-5 RESIDENTIAL DISTRICT CLASSIFICATION TO OR-1"a" OF- FICE-RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of November 1, 1976, presented for final adoption. ORDINANCE NO. 61.76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32.75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY QF DUBUQUE, IOWA", SO AS TO RECLASSIFY CERTAIN HEREIN- AFTER DESCRIBED PROPERTIES FROM R.5 RESIDENTIAL DISTRICT CLASSIFICATION TO OR.1"a" OF- FICE.RESIDENTIAL CLASSIFICATION 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, Iowa", be and the same is hereby amended by changing from "R-5 Re- sidential District" classification to "OR-I'a' Office-Residential District" classification the following described real estate: Lot I ofLot3and Lot 1 of Lot 4 all in John P. Metlel's Subdivision No.2 in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the City Planning and Zoning Commis- sion of the City of Dubuque, Iowa. Passed, approved and adopted this 6th doy of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Published officiolly in the Telegraph Herald Newspaper this 10th day of December, 1976. Leo F. Frommelt City Clerk 1t12/l0 Mayor LuQdh moved to delete all properties in Section 1. Seconded by 576 Regular Session, December 6, 1976 I D"ld & Oocothy Kupf",chmWt 7 D,.ld&DowthyKupf".chmWt 8 M"cu,J.&p,t,;",a.M,y" 2.10 J,m.. S. & B"b", L S,hw"'" 12 Thom"E.&Ro"'ynM.CouooUy 2-2-1-1-1-1.' Tham"E.&Ro"lynM.CoouaUy 1-2-1-1-1-1-' no",ld F. & Suuon", M. D,mp"Y 2-1-1.1-1-1-' FlaydO. & Dawthy Randl, 1-1-1-1-1-1-' FlaydD.&DawthyRundl, 2-I-t-I-' L,wyJ.&Myrtl,J.F,yen 2-1-1-' H"b,rt & Jonl" Ap",,1 1.2-' Wdll,mJ.&J",nuE.on, 2-2-' WIIII,mJ.&JaunnE.'", 1-1-2 Rub,rtL&EdlthIMau 1.5 Robert L & Edith Bartan 2-5 M,dan' P. Halm.. 2-8 ArnaldA. & EthlynR.N,uwohu" 1-1-1-6 V,rnJa"ph&Ro"m"yLSIman I J,m..a. & Eh"beth J.Blceh 2 J,m..G.&Sh"onE.F"de,m,n 3 C"hah,Ch"lti" of to, Acehdl"'" of Dubuqu' 2 C"ul..M.&Non,yAR,lIIy 3 US,hl'" 4 Bu"uuS.J,.&F,h",F.P,yn' 6 Rulph K. & Th'lm'R Bwak, 5 GmyW.&K",uM.N,wt 4 R"u,mV.&N,"nIMuU,pudl 3 V""ntA.&M"g"YM.S'hu,'" 2 Gro'g,L. & Do,othyM,no",1d I-I Wm.J.&A<len,M.Ho"'" 2-1 Wm.J.&"",n,M.H.."" 1-1.2 Wm.J.&M,n,M.Ho"'" 2-1.2 Wm.J.&M,I'u,M.Ho."rt 2-3 O,wln&G""E.Tlgg" 2-2 O,wln&G""E.T~g" 1-2 O,wlu & G""E.TIgg.. 2-' EII"b"hJ.O..,bom 1-4 EII"bethJ.D..,bam 2-5 GuyR.&EII,.H,menw,y 1-5 Guy R. & Ell,. H,menw'y 2.8 H,wIdE.WIIII'm.&EI~.H,n"'m'n 1-6 H,wIdE.WIIII,m,&EII,.Hon,,'m,n 2-7 H,wIIlE.WllIi,m.&EI"-H",,'mon 1-1-7 H,wlll E. Jullg, 2-1-7 H,wld E. Judg, 2-6 H"alll E. Judg, 1-8 AuooH.KI,k 2 P,uIJ.&EI",bethM.FIt"'mma" N."'-3 JahuF.&O",'E.Stwhm,y" E-pt.-S-72'-3 RodooyE.&M"YKBeh' W-130'-S-72'.3 JobnF.&O""E.SI,ohm,y" E-pt.-"A" ROOooyE.&M"YK.B,h' W-llO'."A" RodooyE.&M"YK.Beh, 2-W-llo'-"a" RodooyE.&M"YK.B,h, 1-41 M"tin A B,k,y E-pt.-"B" M"tinAB,k,y 1-31 M"tinAB,k,y 1-38 M,"ln A Bak,y 1-39 - Gregg W. & L..h. J. LWdI' I.W.llO'-"a" G""W.&L..h.J.Llddl' 40 G"ggW. & Leoh. J. LWdl, 2-41 M"" & K"h'Yn P. Wo,d'hoff 2-37 M",,&K'th,ynP.Wocd'hoff 2-38 M""& K,th'Yn p.Wocd,hoff 2-39 JabnW.&AnnS.Shl,ld. 42 JahnW.&AnnS.Shl,ld, N-IO.-..,.,U,y,butting42 JahnW.&AnnS.ShI,'d. 43 JahnW. & Ann S. Shl,,;d. N-IO'-m. ""y ,butting 43 JahnW.&AnnS.ShI,ld. 2-44 JohnW. & Ann S. Shl,ld. N-IO'-m.,",y'bu"lng2-" JahnW.&AnnS.Shl,'d. 2-14' JohuW. & Ann S. ShI,ld. N-IO'-.,'.,U,y,,;,uttlng2-1.44 LeaA. & Ruth Ad,m. t-I." , L"A.&RuthAd,m' N-IO'-.". ,n,y ,buttIng 1-1-44; L"A.&RuthAd,m' 1-45 / LeoA. & Ruth Ad,m. N-ID'-.".,n,y,buttlngl-45' Thorn" G. & G",ldloo Goodmon 2-45 Thorn" G.& G",ldloo Gaadmon N.IO'-.". ,U'y ,buttlng245 Tham"G. & G",ldln,Goodmon 46 Tham"G.&G",'dlooGoodmon N-IO'-.".,U,y,buttlng46 Thom"G.&G",ldlooGoodmon 47 Thom"G.& G",'dln,Goodmon N-IO'-m.'U,y ,butting 47 Daugl"L&M"YK.S'hll'kmon I Dougl..L&M"yKS,hlltkmon S'h-.".,n,y ,buttIng I Ro",ld T. & Ba,b... K. K"nedy 2 P,uIE. & V.glnl'M.To",,' 2.2 Wm.J.&Mlld"dE.Amdt 2-1-1-2 Jo"phR&M""ollooM.S,bI,~'u 1-1-1-' J,m"R.&M"guo'¡"AGllloo" 2-2-1.2 B",kmon', Sub. BtO,kmon'. Sub. B"'kmon', M. BtO,kmon'. Sub. Mlne,,' Lo142 Mlne,,1 Lot" Mlne,,1 Lo142 Mlne,,1 Lo142 Mlne,,1 Lo142 Mloo,,1 Lo142 Mlne,,1 Lot " M'oo,,1 Lo142 Mlne,,1 Lo142 M'ne,,1 Lo142 MI"",'Lo142 Mlne,,1 Lot " Mlne,,1 Lo142 G"""doPI,,, G""udoPI", G""udoPI", W",hIllSub. W,"hIllSub. W..thIllSub. A.H.O"hPI", AH.OothPI", A.H.O"hPI." A.H.O"hPI." A.H. O"h PI", Engli'h Laoo Sub. Eugli,h Lono Sob. E"gll.h Lono Sub. Engll,h Lm Sub. Engll'hLmSub. E"gli'h '-'mo Sub. E"gli.h L,oo Sub. E"gll'h L,ne Sub. Eugll.h Lon, Sub. E"gli.h L,u, Sob. E"gll,h Lon, Sub. Engll.h L,oo Sob. Engll,h L,ne Sub. Engll.h LaneSub. Engll.h Loo, Sub. E"gll,h L,oo Sub. Engll,h Laoo Sob. E"gli.h Laoo Sub. Mloo,,'L"," Mlne"IL", 34 Mloo,,1 Lot 34 Mloo,,'Lot34 Ro"hlllAddltlou Ra"hlll Addition Ro"hlllAddlUau Ro"blll Additlo" Ro"hlll Addilioo Ro"hlll Addltl", Ro"hlll AddiUo" Ro"hill Addit'"' aa"hlll AdditIon Ra"hlll AddlU", Ra"hlll AdditIon aa"hlll Addition Ra"hlll Addltlo" aa"hlll AdditIon Ro"hlll Addition Ro"hlll Addition Ra"hlllAddlUon Ro"hlll Addltlo" Ra"hlllAddlUon Ra"hlll Addltlo" Ro,elllII Addition Roo,hillAddltlon Ro"hlll Additlo" Ro"hlllAddlUau Ro"hlll Additlo" aa"hlll Additlo" R""blIiAdititlo" Ro"hlll AddlUoo Ro"hillAdititlo" Ro"hlll Aditltlou Ro"hIllAddltio" Ro"hill AddiU", G"ntPI", G"ntPI." G""tPI,,, Su"d" PI"o Su""oPI,,, Su"I"PI", So"'"PI,,o 544.07 147.89 44.77 17.37 t45.65 48'.17 484.17 483.40 482.63 481.86 46'.lt 80.29 1.038.68 473.10 128.00 63.68 17.02 34.10 11.28 '.83 8.83 52.05 02.n6 32.79 72.3n 23.61 85.47 13.24 1.2OS.05 32.70 440.00 24.05 '1.l2 5.74 360.45 63.26 343.00 63.26 343.00 63.26 343.00 63.26 201." 149.84 50.37 389.34 2.954.27 734.84 581.97 63.89 83." 6.45 3.50 29.84 83.44 275.75 95.98 53.45 2.04 50.16 6.80 267.41 101.16 55.21 22.77 2.17 30.55 2.67 4.27 ." 5.11 .49 49.88 4.69 61.37 5.61 54.51 5.18 134.58 12.75 520.11 49.39 891195 89.95 801.32 2.59 19.07 16.43 21.44 Regular Session, December 6, 1976 v.", Ch,'¡.. lIt & Lal. Lo",'oo I PI'ITot I-t-I Ho"daM.&Ra"J.Gon,,'.. 2-1-1 J'm..C.&ntonoC.S.., 1-1-1-1 How"d L &Cntb,,'oo a.L..", 1-2-1 K"notbJ. & Booo'oM. Mo"u 2-2-t CIty ofOubuquo. IA CltyofDubuquo.IA JahnA&Hol"J.Hutoh"aft John A & Hol"J. Hutoh"aft E,'¡ P. & Won'" A" nowoli E"IP. &Wond,A"" nowoli E,'¡ P. & Wood, Au" now,1i I E-8'-2 7 1-8 2-8 9 10 2.025 'u. yd. 670.25 to", 462.010"' 1.400g"', 3 no. of 3 no. of 2.375.35"" 348.4 tin. II. 282.74,q.ft. 216.89 "I. ft. 32 tin. ft. 499.43.q.ft. 610"' E..,.",", (u",I..,Ifi,d) A.c.bi"d",ou", A.C..u"""OU'" P,lmo,," Moohol"."I" °' low" Moohol, dug ond "." *" ",hllI"d tOli,d "ane h", COO"," tU,b-"mo., ond "pi", 4" """'" ,dow,lk 6","""ot"ldow,lk A'ph,it"wlng SId,w,lk °' dd.ow,y "ma.,1 AC. hood patchIng Tot,1 C","tU,U", c..t CltySh", ""'"'hI,Sh,,o 10% E"gl"",I"g Exp"" 5%ln""'tl52d,y. Su"l" PI", Sund"p"" Smith South"n A.,.PI", Smltb Sooth,," A.,. PI." Smith South,," A.,. PI." Ro"hlll Addltl"' Ro"hlll Addition Ro"hlll Additl", Ro"hlll Addltl"' Ro"hlii Addltl"' Ro"hlii Addltl", Ro"hlll Additl", 351.90 222.89 32.02 324.65 145.09 193.71 280.03 103.00 2O.m9O 6.727.50 It.'65.'' 6.352.50 602.00 150.00 300.00 8.670.03 2.09OAO 3ll.01 260.03 32.00 09.89 150.00 @ 2.30 @ 13.75 @ 13.75 @ .43 @ 50.00 @IOO.OO @ 3.65 @ 6.00 @ l.lD @ 1.20 @ 1.00 @ .20 @ 25.00 37.711.30 11.413.15 26.298.15 2.620.82 189.93 ToloIA."."bloC..t Allofwhl,hl.""",dl"pwpo"lo"to,p"','hmfl"oonf""d. Passed, adopted and approved this 6th day of December, 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 Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Council to authorize issuance of Bonds in the amount of $29,117.90 to pay for cost of English Lane, 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 Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. 211.ll7.0D RESOLUTION NO. 413.76 Resolution providing lor the Issuance 01 Street Improvement Bontls lor the Purpose 01 Provltllng lor the Payment 01 the Asseased Cost 01: City 01 Dubuque 1976 Asphalt Paving Project No.2: English Lane from theS.P.L. olMt. Loretlatothe W.P.L. 01 Sullivan Street WHEREAS, the contract heretofore entered into by the City of Dubuque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the comple- tion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $29,117.90 dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and WHEREAS, public notice. as provid- ed by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the payment of 577 26.27 42.31 516.40 377." 578 Regular Session, December 6, 1976 the assessed cost of 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 SulIivan Street there shall be issued street im- provement bonds in the amount of $20,000.00 Dollars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of April 1, 1977; and shall be num- bered consecutively; and they shall be numbered, divided into series. and be in such denomInations and for such ma- turity dates as are shown in the follow- ing table: S.rle. Bond Denom. No. No- Ine..on Maturity 1 1- 2 $1,000.00 Dec. 1. 1977 2 3- 4 $1.000.00 Dec. 1.1978 3 5-. $1.000.00 Dec. I, 1979 4 7- 8 $1,000.00 Dec. I. 1980 5 9-10 $1,000.00 Dec. 1.1981 . 11-12 $1.000.00 Dec. 1.1982 7 13-14 $1.000.00 Dec. 1, 1983 8 i5-1. $1,000.00 Dec. I, 1984 9 17-18 $1.000.00 Dec. 1. 1985 10 19-20 $1.000.00 Dec. 1.198. 3. Said bonds shall bear interest at the rate of five percent per annum, payahle annually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special as- sessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No. . . Series No. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum ~~e~~~n t~~~~~n:at~o~~a~~v:~:r~~~~r;:; I annum, payable annually, on the pre- sentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 ofthe 1975 Code ofIowa, as amended. and the Resolution of said City duly passed on the 6th day of December, 1976, being Resolution No. 413-76. This Bond is one of a series of 20 bonds, all for $1,000.00 numbered from I through 20 all of like tenor and date, and issued for the purpose of providing for the deferred payment of the assess- ments levied 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, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along saId improvements and is made by law a lien on all of said property. It is payable only out of the Special A"essment Fund 1307 created by the collection of saId special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by Its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 6th day of December, 1976. ..........,....... Mayor City Clerk (Form of Coupon) On the "",," day of ",,"'" the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of "".'" Dollars, in the office of the City Treasurer in the City of Dubuque, being ,,""" months' interest due that date on its ,,",," Bond No. . dated Mayor (Seal) City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law. the proceeds of said sale to be placed in a special fund - II ll'lllllllilli Regular Session, December 6, 1976 579 to be known as Special Assessment Fund 1307 and paid out by him to pay the cost of said contract. 8. That the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and.counter- signed with the facsimile signature of the City Clerk. 9. That as fast as funds allow, these bonds shall be called and retired in the same order an numbered. 10. Notice of election to call these bond shall be given by regular United States Mail addressed tothe last known address of the purchaser. Passed, adopted and approved this 6th day of December, 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 Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. November 29, 1976 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1976 Asphalt Paving Project No. I has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the accep- tance of the above named project. 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 Brady, Stackis, Tully, Wertzberger. Nays-None. FINAL ESTIMATE Resolution No. 414.76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No. I 1. Ashton Place from N.P.L. ofDecor- ah SI. to S-P.L. Delaware Street. 2. Central Ave. from south curb line of 4th St. to north curb line of 3rd. 3. Davis Ave. from W.P.L. of Windsor Ave. to E.P_L. of Sheridan Rd. 4. Dodge St. from E.P.L. of Bluff SI. to Julien Dubuque Bridge. 5. Eagle Point Park-roadway. 6. Intersection widening at J.F.K" Highway 20 and University Ave. 7- Samuel Street from north curb line of Southern Ave- to south curb line of Tressa Street. 8. Tower Drive from west street line of Rockdale Road (sta. 0+09) to W.P.L. of Lot 2-1-1-1-2 of M.L. 483 (sta. 9+80.29) 9. Windsor Ave. from N.P.L. of Davis Ave. to S.P.L. of alley south of Strauss Street- has been completed and the City En- gineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, imspection, and preparing the assesment 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 $166,517.65. That $23,966.28 of the cost thereof shall be assessable upon private proper- ty and $142,551.37 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and npproved this 6th day of December, 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 Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 415.76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No- 1 1. Ashton Place from N.P.L. of Decor- ah St. to S.P.L. Delaware Street. 2. Central Ave. from south curb line of 4th SI. to north curb line of 3rd. 3. Davis Ave. from W.P.L. of Windsor Ave. to E.P.L. of Sheridan Rd. 4. Dodge St. from E.P.L. of Bluff SI. to Julien Dubuque Bridge. 5. Eagle Point Park-roadway. 11'lllil II ._..~--~._-_.. 580 Regular Session, December 6, 1976 6. Intersection widening at J.F.K_, Highway 20 and University Ave. 7. Samuel Street from north curb line of Southern Ave. to south curb line of Tressa Street. 8. Tower Drive from west street line of Rockdale Road (sta. 0+09) to W.P_L. of Lot 2-1-1-1-2 of M.L. 483 (sta. 9+80.29) 9. Windsor Ave. from N.P.L. of Davis Ave. to S.P.L. of alley south of Strauss Street. has been completed and the City Man- ager 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 Ctity of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and Is hereby dir- ected to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. . 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 sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his con. tract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of December, 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 Wertzberger- Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger- Nays-None. RESOLUTION NO. 416-76 Resolution adopting and approving the Execution 01 a First Amend- ment to the Grant Agreement lor ProJect No. 6-19-0028-02, Irom the Administrator 01 the Federal Avia- tion Administration, relating to Federal Aitl in the Development 01 the Dubuque Municipal Airport. BE IT RESOLVED by the City Coun. cil of the City of Dubuque, Iowa: Section 1. That the City of Dubuque, Iowa, shall, for the purpose of making certain changes in the Grant Agreement for Project No. 6.19-0028.02 which was accepted by the City of Dubuque, Iowa, on Sept. 27, 1976, enter into a First Amendment to the said Grant Agreement with the Administra- tor of the Federal Aviation Administra- tion, and that such First Amendment to Grant Agreement shall be as set forth herein below under Section 3. Section 2. That the Airport Commis- sion of the City of Dubuque, Iowa, act- ing through its officer or officers desig- nated by it to so act, is hereby author. ized and directed to execute the said First Amendment to Grant Agreement on behalf of the City of Dubuque, Iowa. Section 3. That the First Amendment to Grant Agreement referred to herein- ahove shall be as follows: (Attachment) Councilman Tully 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. 417-76 Resolution authorizing the accep- tanca 01 a Grant Oller Irom the United Statea relating to the Preparation 01 a Master Plan Study. BE IT RESOLVED by the Governing Body of the City of Dubuque, Iowa: Section 1. That the City of Dubuque, Iowa, shall accept the Grant Offer from the administrator of the Federal Avia. tion Administration, dated November 16, 1976, for the purpose of obtaining Federal aid for the preparation of an Airport Master Plan for the Dubuque Municipal Airport, and that such Grant Offer shall be as set forth hereinbelow; Section 2- That the City of Dubuque, Iowa, does hereby ratify and adopt all statements, representations, warran- ties, covenants and agreements con- tained in the Application for Federal Assistance which is incorporated by reference in the said Grant Offer; Regular Session, December 6, 1976 581 Section 3. That the Mayor is hereby authorized and directed to execute said Grant Offer agreement in quintuplicate on behalf of the City of Dubuque, Iowa, and the City Cierk is hereby authorized and directed to impress thereon the official seal of the City of Dubuque, Iowa, and to attest said execution; Section 4. That the Grant Offer referred to hereinabove shall be as follows: (Attachment - See Record) Adopted this 6th day of December, 1976, for the City of Dubuque, Iowa. Alvin E. Lundh Mayor Councilman Tully 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. November 19, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot 1 and Lot 2 of "Marilyn Place" in the City of Dubuque, Iowa. The subject property lies east of Ma- ryville Drive in the 2300 block of Kauf- mannAvenue. The Commission has found the final plat to be in conformance with the Sub- division Ordinance of the City of Dubuque and recommends your favor- able consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City 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. RESOLUTION NO- 416.76 Resolution Approving Plat 01 Lot 1 and Lot 2 01 "Marilyn Place" on Kauf- mann Avenue In the City 01 Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 9 of "Holz Subdivision" in the City of Dubuque, Iowa and of Lot 2 of Lot 1 of Mineral Lot 369 in the City of Dubuque, Iowa is platted as: Lot I and Lot 2 of "Marilyn Place" on Kaufmann Avenue in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk he and they are authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of December, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol. lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. December3,1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the preliminary and final plats of Lots 1 through 19 of "Jaeger Heights" Sub- division lying north of Tower Drive and west of Rockdale Road in the City of Dubuque, Iowa. The Comimission has found the final plat to be in conformance with the ap- proved preliminary plat and the Sub- division Ordinance of the City of Dubuque, Iowa and recommend your favorable consideration. CITY OF DUBUQUE PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully 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. 582 Regular Session, December 6, 1976 RESOLUTION NO. 419-76 Resolution approving the Plat 01 "Jaeger Heights" In the City 01 Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Jaeger Heights" in the City of Dubuque, Iowa, by Louis J. Jaeger and Rita M. Jaeger, and WHEREAS, upon said plat appear streets to be known as Brian Drive and Jaeger Drive, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Brian Drive and Jaeger Drive together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of "Jaeger Heights" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto at- tached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Brian Drive and Jaeger Drive with bituminous concrete. or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where dir- ected by the City Engineer and the City Manager; f. To install bouievard street lighting in accordance with plans submitted with the plat; g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; h. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider Louis J. Jaeger and Rita M. Jaeger as owner; j. To construct said improvements, except sidewalks and street lighting prior to Dec. I, 1978 and to construct the sidewalks and street lighting prior to December 1, 1980. and further provided that said Louis J. Jaeger and Rita M. Jaeger, as owner of saId Sub- division, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Louis J- Jaeger and Rita M. Jaeger, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 6th day of December, A.D" 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 419-76 We, the undersigned Louis J. Jaeger and Rita M. Jaeger having read the terms and conditions of the foregoing Resolution No. 419-76 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 13th day of December, 1976. Louis J. Jaeger Rita M. Jaeger Regular Session, December 6, 1976 583 TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 419-76 has been furnished by the owners. Dated at Dubuque, Iowa, thia 13th day of December, 1976. Gilbert D. Chaveneile City Manager Councilman Tully 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. December 3, 1976 Honorable Mayor and City Council In our FY '77 budget, we scheduled the addition of two officers in the Police Department to be funded principally by the Iowa Crime Commission. We have been working with the N.E. Iowa Area Crime Commission on the project and approval has been completed to the point of submitting formalized documents. Under the program two officers would be employed. The annual cost would be $32,709.12. The Iowa Crime Commission would fund $25.622.32 and the city would fund $7,086.80 ov.r a 12 month period. In order to proceed with the applica- tion, the city is asked to approve a matching resolution and related douc- ments. We would therefore request your adoption of the matching resolution and authorize the Mayor to sign the as- sociated documents. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Scconded by Councilman Wertzberger- Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Matching Resolution No. 420-76 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed here. tofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: TI" .'P'.locl To"',,1 Enf."'m..' Sp'doli", (2) Am~nl.f Fund. Being P,.,ld" $7.086.80 Passed this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully 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 Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackls, Tully, Wertzberger. Nays-None. Communication of Community Development Commission requesting concurrence in the proposed program of lighting on lower Main Street in the amount of $54,776., by using $19,800 of current funds and the transfer from the 1977 allocation for Housing Rehabilita- tion Program in the amount of $34,976, presented and read. Paul Rossiter ad- dressed the Council stating Businesses in the area would like to see period lighting; Requesting to postpone deci- sion for a period of one month to allow property owners an opportunity to decide if they want to pay for differen- tial in the type of lighting. Councilman Wertzberger moved that the communication be received and filed and approved and transfer of funds authorized. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Community Development Commission submitting budget recommendation for the fiscal year 1978 Community Development Block Grant Program in the amount of $883,000" presented and read. Council- man Tully moved that the communica- tion 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. 421-76 Authorizing Publication 01 Notice 01 Public Hearings lor the use 01 Community Development Block Grant Funds WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974 584 Regular Session, December 6, 1976 Regular Session, December 6, 1976 585 to certain Community Development Block Grant funds; and WHEREAS, the regulations govern- ing the submission of an application for such funds requires that citizens be provided with adequate information concerning the Community Develop- ment Block Grant Program and an adequate opportunity to participate in the development of the application and in the development of any revisions, changes or amendments; and WHEREAS, it is deemed to be in the best interests of the Community Development Block Grant program to ~~~e~~r~~~~i~~~~\~I~a~~~~:Zr~~~d I meetings, city wide meetings, meetings with public and private agencies, City Manager's budget meeting and the var- ious meetings conducted by the Com- munity Development Commission; 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 notice of hearings in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F- Frommelt City Clerk EXHIBIT "A" PUBLIC HEARINGS Pursuant to Title I of the Housing and Community Development Act of 1974, the City Council of the City of Dubuque will hold two public hearings for the purpose of obtaining the views of re- sidents of the city on community development and housing needs. A summary of eligible activities that may be undertaken with CommunIty Development Block Grant funds, a summary of activities proposed to be undertaken for the year beginning July 1, 1977 and the Citizens Participation Pian are on file and available at the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa, between the hours of 8:00 AM and :;:00 PM except Saturdays and holidays, Additional information concerning the Community Development Block Grant program may be obtained from John R. Grau of the Department of Community Development (319-588-0017). The public hearIngs will be held in City Council Chambers, City Hall, 13th and Central Avenue, Dubuque, Iowa, at 7:30 PM both on December 20,1976 and January 17, 1977. Any person or organ- ization desiring to be heard will be given an opportunity to express their views on community development and housing needs. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Leo F. Frommelt City Clerk ATTEST: Leo F- Frommelt City Clerk Councilman Stackis moved adoption of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 424.76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Earl John Tegeler, 2311 Windsor Ave. Councilman Tully moved adoption of the resoiution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 422-76 BE IT RESOLVED by the CIty Coun. cil of the City of Dubuque, Iowa, that the following having complied with the provisions of iaw relating to the sale of CIgarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. James Richard Mcintyre, 500 Rhomberg Ave. Passed, adopted and approved this 6th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Counciimen Passed, adopted and approved this 6th day of December, 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 th.e resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 423-76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO- 425-76 WHEREAS, applications for Liquol'\ 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 foliowing applications be approved and licenses NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permit, issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Earl John Tegeler, 2311 Windsor Ave. issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc., (Also Sunday Sales), 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donald F. Bradley, 1091 Main Street James Richard McIntyre, 500 Rhom- berg Ave. Julia Neli Clark, 1322 Central Ave. Benevolent and Protective Order of Elks 297, 2699 John F- Kennedy Road Lorraine Gordon, 2327 Central Ave. Bert Hillary, 1413 Rockdale Road Eugene L. Kopp, 951 Main Street Steven T. Schnee, 1902 Central Ave. Passed, adopted and approved this 6th day of December, 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 Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Resolution No. 426-76 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 the City Ordinances reievant 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 "B" (HOTEL.MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc., (Also Sunday Sales), 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donald F. Bradley, 1091 Main Street James Richard Mcintyre, 500 Rhom- berg Ave. 586 Regular Session, December 6, 1976 Julia Nell Clark, 1322 Central Ave. Benevolent and Protective Order of Elks 297, 2699 John F. Kennedy Road Lorraine Gordon, 2327 Central Ave. Bert Hillary, 1413 Rockdale Road Eugene L. Kopp, 951 Main Street Steven T. Schnee, 1902 Central Ave- Passed, adopted and approved this 6th day of December, 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 Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Councilman Tully moved that City Planner Dittemore be instructed to prepare a new Ordinance on deleted Section 1 of previous Ordinance cover- ing properties on J.F.K. Road. Seconded by Councilman Wertzberger- Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger- Nays - None. At H:15 P.M. Mayor Lundh moved to go into Executive Session to discuss matters relating to people on the Coun- cil. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Council Reconvened in Regular Ses- sion at 11:30 P_M. Mayor Lundh ten. dered his resignation from the City Council effective January 5, 1977 or earlier back to December 31, 1976 - Reason being he is not able to afford to continue in service. There being no further business Councilman Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None- Leo F. Frommelt City Clerk Approved "".""" """. 1977. Adopted"" . ....... 1977. """".."."",,- """.._"..""". """""... Councilmen Attest: """... City Clerk Special Session, December 8, 1976 CITY COUNCIL OFFICIAL Special Session, December 8, 1976 Council Met at 4:30 P.M. (C.S.T.) Present - Mayor Lundh, Council. men Brady, Stackia, Tully, Wertz. berger. CIty Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose to CONSIDER ADOPTION OF A RESOLUTION FIXING A DATE FOR A SPECIAL ELECTiON TO BE HELD ON PROPOSAL TO ANNEX CERTAIN TERRITORY TO THE CITY OF DUBUQUE and acting upon such other business as may properly come before a Regular Meeting of the Council. Petition of Judicial Review by Robert H. Budde to oppose annexation and file their petition being concerned with various actions of the City Development Board in connection with annextion, presented and read. Counciiman Tully moved that the petition be received and filed and City Attorney directed to in- tervene on behalf of the City. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None- Application to stay execution or en- forcement of Agency Action to oppose annexation by Robert H. Budde & Committee to oppose annexation, pre- sented and read. Councilman Tully moved that the application be received and filed and City Attorney directed to intervene on behalf of the City Second. ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays - None. Communication of City Development Board submitting a letter and affidavit directing the Dubuque County Com- missioner of Elections to hold a special election and directing that a question be put on the election ballot regarding the City's annexation proposal, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 427-76 WHEREAS, the City of Dubuque, Iowa has heretofore petitioned the Iowa Development Board for the annexation of certain territory to the City of Dubuque, Iowa; and WHEREAS, the Iowa Development Board, pursuant to and in accordance with statute held a public hearing as the Iowa Development Committee and, thereafter, rendered its decision ap- proving the petition of the City of Dubuque, Iowa to annex the certain territory to the City of Dubuque, Iowa, and did order an election be held at which the qualified voters of the City of Dubuque, Iowa and the qualified voters of the territory to be annexed would vote; and WHEREAS, City of Dubuque, Iowa does hereby request the Commissioner of Elections of Dubuque County, Iowa to hold a special election on Tuesday, December 28, 1976 for the purpose of permitting the electrorate of the City of Dubuque, Iòwa and the electorate in the territory to be annexed to pass on the proposition of annexing certain terri- tory to the City of Dubuque, Iowa, the perimeter of which territory proposed to be annexed is legally descrIbed in Ex- hibit "A" hereo attached and by refer- ence included herein as though fully set out herein. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1- That Tuesday, December 28. 1976 be and the same is hereby fixed as the date for the special election to be held on the proposal to annex certain territory to the City of Dubuque, Iowa and the City Council of the City of Dubuque, Iowa does hereby direct the Commissioner of Elections to hold such election on said date. Section 2. That the City of Dubuque, Iowa does hereby undertake and agree to pay the costs of said special election. Passed, approved and adopted this 8th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Beginning at the point of beginning being the intersection of the current corporate limits of the City of Dubuque. Iowa and the centerline of the Chicago, Milwaukee, St. Paul and Pacific Rail- road right-of-way, this point of begin- 587 588 Special Session, December 8, 1976 ning being concurrent with the inter- section of said railroad right-of-way centerline and the northerly boundary of the Northeast quarter of Section 7 T89N R2E of the 5th P.M.; thence northwesterly approximately 9,000 feet along said railroad right-of-way center- line to the point of intersection of said centerline with an easterly extension of the northeasterly property line of Lot 2 of Lot I of Lot 1 of Lot 2 of T.M. Sul- livan's Subdivision, in the Southwest quarter of the Southwest quarter of Section 36 T90N R2E of the 5th P.M" thence southwesterly approximately 160 feet along said property line and extension and northwesterly approx- imately 200 feet continuing along said property line to the point of intersection of said property line with the northwes- terly property line of said Lot 2 of Lot I of Lot I of Lot 2 of .M. Sullivan's Sub- division; thence southwesterly approx- imately 800 feet along said property line and the northwesterly property line of Lot 2 of Lot 2 of Lot 2 of said T.M. Sullivan's Subdivision to the intersec- tion of said property line with the southerly boundary of the Southwest quarter of the Southwest quarter of said Section 36; thence easterly approxima- tely 120 feet along said boundary to the Joint of intersection of said boundary with the westerly boundary of Section I T89N R2E of the 5th P.M., thence southerly approximately 2,320 feet along said boundary of said Section I to the point of intersection of said boun- dary with the easterly right-of-way line of Peru Road; thence southeasterly ap- proximately 2,240 feet along said right- of-way line to the point of intersection of said right-of-way line with an easterly extension of the northerly property line of Lot 2 of Lot 1 of Lot 5 of the South- west quarter of said Section I; thence westerly approximately 825 feet along said easterly extension and said north- erly property line to the point of inter- section of said property line with the westerly boundary of said Section 1; thence southerly approximately 575 feet along said boundary to the intersection of said boundary with the southerly boundary of said Section 1; thence con- tinuing southerly approximately 2,686 feet along the westerly boundary of the Northwest quarter of Section 12 T89N R2E of the 5th P.M" the southerly 2.275 feet of said boundary being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of intersection of said boundary with the northerly boundary of the Northeast quarer of the Southeast quarter of Section 11 T89N R2E of the 5th P_M.; thence westerly approximately 975 feet along said boundary to the point of intersection of said boundary with the northeasterly property line of Lot 2 of Lot 2 of the Southeast quarter of the Northeast quarter of said Section 11; thence northwesterly approximately 295 feet along said property line to the point of intersection of said property line with the northwesterly property line of said Lot 2 of Lot 2 of the south- east quarter of the Northeast quarter of said Section 11; thence southwesterly approximately 180 feet along said property line and along the northwes- terlyproperty line of Lot 1 of Lot 2 of the Southeast quarter of the Northeast quarter of said Section 11 to the point of intersection of said property line with the northeasterly property line of Lot 2 of Lot 1 of Lot 1 of Northome Place in the Southwest quarter of the Northeast quarter of said Section 11; thence northwesterly approximately 485 feet along said property line to the point of intersection of said property line with the northwesterly property line of said Lot2 of Lot 1 of Loti of Northome Place in Southwest quarter of Northeast quarter of said Section 11; thence southwesterly approximately 1,130 feet along said property line and an exten- sion of said property line to the point of intersection of said extension with the westerly right-of-way line of U.S. High- way 52; thence southeasterly approx- imately 1,540 feet along said right-of- way line to the intersection of said right-of-way line with the northerly boundary of the Southwest quarter of the Southeast quarter of said Section 11; thence westerly approximately 400 feet along said boundary to the point of intersection of said boundary with the northerly property line of Lot 2 of Lot I of Lot 1 of Lot I of Lot I of Lot 2 of the Southwest quarter of the Southeast quarter of said Section II; thence southwesterly approximately 694 feet along said property line and the north- erly property line of Lot 2 of Lot 1 of Hawkeye Heights Subdivision in the Southwest quarter of the Southeast quarter of said Section 11 to the inter- section of said property line with the westerly boundary of said Southwest quarter of the Southeast quarter of said Section 11; thence northerly approx- imately 266 feet along said boundary to the point of intersection of said boun- dary with the northerly boundary of the Southeast quarter of the Southwest quarter of said Section 11; thence wes- terly approximately 2,703 feet along said boundary and the northerly boundary of the Southwest quarter of the South- Special Session, December 8, 1976 589 west quarter of said Section 11 to the point of intersection of said boundary with the easterly boundary of the Northeast quarter of the Southeast quarter of Section 10 T89N R2E of the 5th P.M.; thence northerly approxima- tely 1,320 feet along said boundary, the southerly approximately 1,018 feet of said 1,320 feet being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of inter- section of said boundary with the northerly boundary of the Southeast quarter of said Section 10; thence wes- terly approximately 2,640 feet along said boundary to the intersection of said boundary with the northerly property line of Lot 6 of Block 4 of Sherwood Park Subdivision in said Section 10; thence continuing westerly approximately 58 feet along said property line to the point of intersection of said property line with the northeasterly property line of Lot 4 of Block 4 in said Sherwood Park Sub- division; thence northwesterly approx- imately 141 feet along said property line and the northeasterly property line of Lot 3 of Block 4 of said Sherwood Park Subdivision to the point of intersection of said property line with the northeasterly property line of Lot 2 of Block 4 said Sherwood Park Subdivision; thence northwesterly approximately 77 feet along said property line to the point of intersection of said property line with the easterly property line of Lot 1 of Block 4 of said Sherwood Park Subdivi- sion; thence northerly approximately 285 feet along said property line and the easterly property lines of Lot 6 and Lot 5 of Block 2 of said Sherwood Park Sub- division to the point of intersection of said property line with the northerly property line of said Lot 5 of Block 2; thence westerly approximately 199 feet along said property line and northerly property line of Lot 4 of Block 2 of said Sherwood Park Subdivision to the point of intersection of said property line with the easterly property line of Lot 9 of Block 2 of said Sherwood Park Subdivi- sion; thence northerly approximately 290 feet along said property line and an extension of said property line to the point of intersection of said extension with the northerly right-of-way line of North John F. Kennedy Road; thence westerly and southerly approximately 8,500 feet along said right-of-way line to the point of intersection of said right- of-way line with the northwesterly property line of Lot 1 of Helen E. and Mary H. Stewarts Subdivision in Sec- tion 16 T89N R2E of the 5th P.M., said property line being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence south- westerly approximately 1,297 feet along said property line to the point of inter- section of said property line with the northeasterly property line of said Lot I of Helen E. and Mary H. Stewarts Sub- division, said property line lying within the Southeast quarter of the Northwest quarter of said Section 16 and being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence northwesterly approximately 663 feet along said property line to the point of intersection of said property line with the northwesterly property line of said Lot 1, said property line lying within the Southwest quarter of the Northwest quarter and the Southeast quarter of the Northwest quarter of said Section 16 and being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence southwester- ly approximately 1,510 feet along said property line to the point of intersection of said property line with the northerly boundary of the Northwest quarter of the Southwest quarter of said Section 16; thence westerly approximately 955 feet along said boundary, said boundary being concurrent with the current cor- porate limits of the City of Dubuque, Iowa, to the intersection of said boun- dary with the westerly boundary of the Northwest quarter of the Southwest quarter of said Section 16; thence southerly approximately 1,320 feet along said boundary, said boundary being concurrent with the current cor- porate limits of the City of Dubuque, Iowa, to the point of intersection of said boundary with the northerly boundary of the Southeast quarter of the South- east quarter of Section 17 T89N R2E of the 5th P.M_; thence westerly approx- imately 1,320 feet along said boundary to the point of intersection of said boundary with the westerly boundary of the Southeast quarter of the Southeast quarter of said Section 17; thence southerly approximately 1,290 feet along said boundary to the point of intersection of said boundary with the northerly right-of-way line of Asbury Road; thence westerly approximately 250 feet along said right-of-way line to the point of intersection of said right- of-way line with the northerly boundary of the. Northwest quarter of the North- east quarter of Section 20 T89N R2E of tþe 5th P.M.; thence southerly approx- imately 64 feet along a line perpen- dicular to the centerline of said Asbury Road to the point of intersection of said line with the southerly right-of-way line of said Asbury Road; thence westerly 1111, ¡Iii I III! 590 Special Session, December 8, 1976 Special Session, December 8, 1976 591 and the Southeast quarter of the Southeast quarter of Section 28; thencE southeasterly approximately 920 feet along said property line to the point of intersection of said property line with the westerly property line of Lot 1 of Mineral Lot290 in the Southeast quarter of the Southeast quarter of said Section 28; thence southwesterly approximately 1,337 feet along said property line and the westerly property line of Lot 5 of Hansel's Addition in the Northwest quarter of the Northeast quarter and in the Northeast quarter of the Northeast quarter of Section 33 T89N R2E of the 5th P.M_, to the point of intersection of said property line with the southerly property line of said Lot 5 Hansel's Addition; thence easterly approximate- ly 1.407 feet along said property line to the in- tersection of said property line with the westerly boundary of the Northwest quarter of the Northwest quarter of Section 34 T89N R2E of the 5th P.M.; thence southerly approximately 380 feet along said boundary to the point of intersection of said boundary with the northwesterly property line of Lot i of Lot I ofLot2 of Lot 1 of Loti ofLot 1 of Lot 2 of Mineral Lot 220 in the North- west quarter of the Northwest quarter of said Section 34; thence southwesterly approximately 70 feet along said property line to the point of intersection of said property line with the southwes- terly property line of said Lot I of Lot 1 of Lot 2 of Lot I of Lot 1 ofLot I ofLot2 of Mineral Lot 220; thence southeasterly approximately 760 feet along said property line and the southwesterly property lines of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot I and Lot 2 of Lot 1 of Lot i of Lot I of Lot 1 and Lot 2 of Lot 1 of Lot I of Lot 1 allof Cedar Ridge Acres and Lot 1 of Lot 2 of Lot 2 of Mineral Lot 220, all in said Section 34 to the point of intersection of said property line with the northwesterly property line ofLot2 of Lot 3 of Mineral Lot 217 in the Southwest quarter of the North- west quarter of said Section 34; thence southwesterly approximately 846 feet along said property line and the north- westerly property line of Lot 1 of Lot 1 of Lot 1 of Cedar Ridge Farm in the Southwest quarter of the Northwest quarter of said Section 34 to the point of intersection of said property line with the northeasterly property line of said Lot 1 of Lot 1 of Lot 1 of Cedar Ridge Farm; thence northwesterly approx- imately 442 feet along said property line to the point of intersection of said property line with the southwesterly property line of said Lot; thence south- Southwest quarter of the Southwest quarter of said Section 28; thence eas- terly approximately 1,320 feet along said boundary to the point of Intersection of said boundary with the easterly boun. dary of the Southwest quarter of the Southwest quarter of said Section 28; thence northerly approximately 640 feet along said boundary to the intersection of said boundary with the southerly property line of Lot I of Lot I of Lot 1 of Mineral Lot 287 in the Southeast quarter of the Southwest quarter of said Section 28; thence southeasterly approximately 1.329 feet along said property line to the point of intersection of said property line with the easterly property line of said Lot; thence northerly approxima- tely 520 feet along said property line to the point of intersection of said property line with the northerly property line of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Mineral Lot 289 in the Southwest quarter of the South- east quarter of said Section 28; thence southeasterly approximately 650 feet along said property line to the point of intersection of said property line with the easterly property line of Lot 2 of Lot I ofLot 2 of Lot I ofLot I of Lot 1 of Mineral Lot 289 in the Southwest quarter of the Southeast quarter of said Section 28; thence northeasterly ap- proximately 120 feet along said property line to the point of intersection of said property line with the southwesterly property line of Lot 2 of Lot I of Lot I of Lot 1 of Lot 2 of Lot I of Lot 1 of Mineral Lot 289 in the Southwest quarter of the Southeast quarter of said Section 28; thence southeasterly approximately 330 feet along said property line and the southwesterly property line of Lot 2 of Lot 1 of Mineral Lot 289 in the South- west quarter of the Southeast quarter of said Section 28 to the point of intersec- tion of saId property line with the southeasterly property line of Lot 2 of Lot 1 of Mineral Lot 189 in the Sou!h- west quarter of the Southeast quarter of said Section 28; thence northeasterly approximately 175 feet along said property line to the point of intersection of said property line with the southerly right-of-way line of Old U.S. Highway 20 (Crescent Ridge Road); thence souther- ly approximately 340 feet along a northerly extension of the westerly property line of Lot 2 of Lot 2 of Miner~l Lot 290 in the Southwest quarter of the Southeast quarter of said Section 28 and along said property line to the point of intersection of said property line with the southerly property line of Lot I of Lot 2 of Mineral Lot 290 in the South- west quarter of the Southeast quarter approximately 175 feet along said right-of-way line to the point of inter- section of said right-of-way line with the westerly property line of Lot 1 of the Northwest quarter of the North- east quarter said Section 20; thence southerly approximately 790 feet I along said property line and the wester- ly property line of Lot 2 of Kloser Place in the Northwest quarter of the North- east quarter of said Section 20 to the poInt of intersection of said property line with the southerly property line of said Lot 2 of Kloser Place; thence eas- terly approximately 400 feet along said property line to the intersection of said property line with the westerly boun- dary of the Northeast quarter of the Northeast quarter of said Section 20; thence southerly approximately 440 feet along said boundary to the intersection of said boundary with the northerly boundary of the Southwest quarter of the Northeast quarter of said Section 20; thence westerly approximately 1,370 feet aiong said boundary and an exten- sion of said boundary to the point of intersection of said extension with the westerly right-of-way line of Radford Road; thence southerly approximately 1.320 feet along said right-of-way line to the point of intersection of said right- of-way line with the northerly boundary of the Northeast quarter of the South- west quarter of said Section 20; thence westerly approximately 1,320 feet along said boundary to the point of intersec- tion of said boundary with the westerly boundary of the Northeast quarter of the Southwest quarter of said Section 20; thence southerly approximately 2,640 feet along said boundary and the westerly boundary of the Southeast quarter of the Southwest quarter of said Section 20 to the point of intersection of said boundary with the southerly right-of-way line of Middle Road (Pennsylvania Avenue); thence wester- ly approximately 1,320 feet along said right-of-way line to the intersection of said right-of-way line with the westerly boundary of Section 29 T89N R2E of the 5th P.M.; thence southerly approxima- tely 5.120 feet along said boundary to the point of intersection of said boun- dary with the southerly right-of-way line of the Illinois Central Railroad right-of-way; thence easterly approx- imately 5,700 feet along said tight-of- way line to the point of intersection of said right-of-way line with the westerly boundary of Section 28 T89N R2E of the 5th P.M.; thence southerly approxima- tely 2,050 feet along said boundary to the point of intersection of said boun- dary with the southerly boundary of the erly approximately 534 feet to the point of intersection of said property line with the southerly boundary of the South- west quarter of the Northwest quarter of said Section 34; thence easterly ap- proximately 2,555 feet along said boun- dary and the southerly boundary of the Southeast quarter of the Northwest quarter of said Section 34 to the point of intersection of said boundary with the westerly boundary of the Northwest quarter of the Southeast quarter of said Section 34; thence southerly approx- imately 1,338 feet along said boundary to the point of intersection of said boundary with the southerly boundary of the Northwest quarter of the South- east quarter of said Section 34; thence easterly approximately 998 feet along said boundary to the point of intersec- tion of said boundary with the north- westerly right-of-way line of North Cascade Road; thence southeasterly approximately 64 feet along a line per- pendicular to the center line of said road to the point of intersection of said line with the southeasterly right-of-way line of said road; thence northeasterly ap. proximately 240 feet along said right- of-way line to the point of intersection of said right-of-way line with the wes- terly boundary of the Southeast quarter of the Southeast quarter of said Section 34; thence southerly approximately 1,245 feet along said boundary to the point of intersection of said boundary with the southerly boundary of the Southeast quarter of the Southeast quarter of said Section 34; thence eas- terly approximately 320 feet along said boundary to the point of intersection of said boundary with the westerly boun- dary of the Northwest quarter of the Northwest quarter of Section 2 T88N R2E of the 5th P.M" thence southerly approximately 1,520 feet to the inter- section of said boundary with the cen- terline of the flow of the South Fork of the Catfish Creek; thence southeasterly approximately 4,160 feet along said centerline of flow to the point of inter- section of said centerline of flow with the westerly boundary of the Southwest quarter of the Northeast quarter of said Section 2; thence southerly approxima- tely 3,760 feet along said boundary and the westerly boundary of the Southeast quarter of said Section 2 to the point of intersection of said boundary with the southerly boundary of the Southeast quarter of said Section 2; thence easter- ly approximately 2,640 feet along said boundary to the point of intersection of said boundary with the westerly boun- dary of the Northwest quarter of the Northwest quarter of Section 12 T88N . 592 Special Session, December 8, 1976 R2E of the 5th P.M., thence southerly approximately 480 feet along said boundary, said 480 feet being concur- rent with the current corporate limits of the City of Dubuque, Iowa, to the inter- section of said boundary with the southerly property line of Lot 2 of the Subdivision of Lot I of Lot I of Lot I of LotI Loti of Loti of Lot 1 ofAnnieWaller's Subdivision 2; thence easterly approx- imately 1,360 feet along said property line and an easterly extension of said property line, said property line and extension being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of inter- section of said corporate limits with the easterly boundary of said corporate limits; thence northeasterly approxima- tely 2,400 feet along the current corpor- ate limits of the City of Dubuque, Iowa, to the point of intersection of said cor- porate limits with the southerly proper- tylineofLot2ofLot I of Lot I of Lot 1 of Lot I of Lot I of Mineral Lot 482 in the Northeast quarter of the Southwest quarter of Section 1 T88N R2E of the 5th P.M.; thence easterly approximately 334 feet along said property line to the point of intersection of said property line with the easterly property line of said Lot 2 of Loti of Lot 1 of Loti ofLot I of Lot I of Mineral Lot 482; thence northerly ap- proximately 148 feet along said property line to the point of intersection of said property line with the southerly right- of-way line of Old U.S. Highway 52; thence northwesterly approximately 135 feet along said right-of-way line to the point of intersection of said right- of-way line with a southerly extension of the easterly property line of Lot 2 of Lot I of Lot I of Key Gate Center in the Northeast quarter of the Southwest quarter of said Section 1; thence north- easterly approximately 450 feet along said property line and extension and a northerly extension of said property line to the point of intersection of said ex- tension with the northerly right-of-way line of Old Bellevue Road; thence northwesterly approximately 665 feet along said right-of-way line to the point of intersection of said right-of-way line with the southerly boundary of the Southeast quarter of the Northwest quarter of said Section i, this point of intersection being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence easterly ap- proximately 1,520 feet along said boun- dary and the southerly boundary of the Southwest quarter of the Northeast quarter of said Section 1 to the point of intersection of said boundary with the westerly right-of-way line of U.s. High- ways 61 and 151; thence northeasterly approximately 2,120 feet along said right-of-way line to the point of inter- section of said right-of-way line with the southerly right-of-way line of the Illin- ois Central Railroad right-of-way; thenceeasterlyapproximately4,960feet along said right-of-way line to the point of intersection of said right-of-way line with the westerly property line of Lot 3 of the Subdivision of Government Lot I, in the Northeast quarter of the North- east quarter of Section 6 T88N R3E of the 5th P.M., said property line being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence southerly approximately 240 feet along said property line to the point of intersection of said property line with the southerly property line of said Lot 3 of the Subdivision of Government Lot 1, said property line being concurrent with the current corporate limits of the City of Dubuque, Iowa; thence easterly ap- proximately 1,420 feet along said property line to the intersection of said property line with the easterly property line of said Lot 3 of the Subdivision of Government Lot I, said property line being concurrent with the current cor- porate limits of the City of Dubuque. Iowa; thence northwesterly approxima- tely 1,450 feet along said property line to point of intersection of said property line with the northerly boundary of the Northeast quarter of the Northeast quarter of said Section 6; thence easter- ly approximately 1,600 feet along said boundary, said 1,600 feet along said boundary being concurrent with the current corporate limits of the City of Dubuque, Iowa, to the point of inter- section of said boundary with the eas- terly boundary of said corporate limits; thence northerly approximately 29,500 feet along said corporate limits to the intersection of said corporate limits with the northerly boundary of said corporate limits; thence westerly ap- proximately 700 feet along said north- erly boundary of said corporate limits to the point of intersection of said corpor. ate limits with the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way, this point of intersection being the point of begin- ning as described herein. Councilman Tully 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. Special Session, December 8, 1976 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 Brady, Stackis. Tully. Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved Adopted"" " ".""""" Councilmen Attest: ... City Clerk ". 1977 1977 593 594 Special Session, December 20, 1976 Special Session, December 20, 1976 CITY COUNCIL OFFICIAL Special Session, December 20, 976- Council met at 7:30 P.M. (C.$.T.) Present - Mayor Lundh, Council- men Brady, Stackls, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the calI and stated that service thereof had been duly made and this meeting is calIed for the PUR. POSE OF CONDUCTING A PUBLIC HEARING ON $CHEDULE OF AS- SE$$MENT$ AND AUTHORIZING THE IS$UANCE OF STREET IM- PROVEMENT BOND$ TO PAY FOR AS$E$$ED CO$T OF CON$TRUCT- ING CITY OF DUBUQUE 1976 A$. PHALT PAVING PROJECT NO.1 and acting upon such other business as may properly come before a Regular Meeting of the Council. Award for Historical Preservation and Restoration in the City and County of Dubuque, Iowa By Dubuque County Historical Society for FIVE FLAGS THEATRE in the City of Dubuque, Iowa, (Dated) November 10, 1976, (Signed) Jane Malone, President, was presented. Communication of Housing Rehabili. tation Commission submitting minutes of their meeting of November 30, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy. Wertzberger. Nays-None. Communication of Playground & Recreation Commission submitting minutes of their meetings ofDecember 2 and 13, 1976, presented and read. Coun- cilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy. Wertzberger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of November 4, 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the folIowing vote: Yeas - Mayor Limdb, Councilmen Brady. Stackis, TulIy. Wertzberger. Nays-None. Communication of Dubuque Five Flags Center Building Committee sub- mitting minutes of their meeting of December 9, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Communication of Dock Commission submitting minutes of their meeting of November 24, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Communication of Dubuque Airport Commission submitting minutes of their meeting of December 9, 1976, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of December 15, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman TulIy. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Peoples Natural Gas advising of a rate increase after the January 19, 1977 billing 1.623~ in.town residential and 1.620~ for rural res- idents, per hundred cubic feet, pre- sented and read. Councilman Stackis moved that the communication 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 A. B. Chidley sub- mitting his resignation from the Hous- ing Rehab. Commission, effective im- mediately, presented and read. Council- man TulIy moved that the communica- tion be referred to Council and resigna- tion accepted with regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully. Wertzberger. Nays-None. Communication of Mrs. Lyle H. Pe- terson submitting various reasons for non-ridership on City Bus Lines, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed and referred to the Transit Board. Seconded by Council- man TulIy. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of City Development Board submitting petition for judicial Review-Re: Annexation Petition of the City, presented and read. 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. Communication of Director of Recreation submitting agreement with Loras College for use of San Jose Center, as amended and requesting ap- proval, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed and agreement approved. Seconded by Councilman TulIy. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Communication of Carol J. Reding, resident of a trailer home court, in- dicating discrimination between home owners in the City and owners of mobile home units due to allowance of homes- tead property tax credit for city proper- ty owners, presented and read. Council- man Stackis moved that the commun- ication be received and filed. Seconded by Councilman Wertzberger. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy. Wertzberger. Nays-None. December 6, 1976 City Council I, the undersigned, herewith beg to advise that due to the exigencies of my business, I find it necessary to resign from my office as City Councilman of the City of Dubuque, Iowa effective the 31st day of December, 1976. It is with deep regret that I find it necessary to take this step and I wish to take this occasion to publicly thank each and every person, both from the City family and from the City at large, for all the kindnesses and assistance rendered to me during my term as Councilman and as Mayor. Dated at Dubuque, Iowa. this 6th day ofDecember, 1976. Alvin E. Lundh Councilman Stackis moved that the communication be received and filed and resignation accepted with regret. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Communication of William McEII- hiney submitting his resignation as a member of the Dock Board, presented and read. Councilman Stackis moved that the communication be received and filed and referred to Council and resig- nation accepted with regret. Seconded by Councilman Wertzberger. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Communication of Ken Palm requesting further consideration in the purchase of city-owned real estate on north side of Kaufman AvC1ue, pre- sented and read. Councilman TulIy moved that the communication be received and filed and City Manager directed to report back at the Council Meeting of January 17, 1977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays - None- Communication and Public Notice from Corps of Engineers advising of City's application for consideration for construction permit in conjunction with Wastewater Treatment Program to construct 3320' of 42" pipe from Ter- minal Street to Sewage Plant with no appreciable effect on the fioodway, pre- sented and read. Councilman Stackis moved that the communication and Notice be received and filed. Seconded by Councilman Wertzberger. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully. Wertzberger. Nays-None. December 16,1976 To the Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Treasurer. Water Superintendent, Health Department, as weII as a list of claims paid, for the month of November, 1976. Gilbert D. ChavenelIe City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the folIowing vote: Yeas - Mayor Lundh, Councilmen 595 596 Special Session, December 20, 1976 Special Session, December 20, 1976 Brady, Stackis, Tully, Wertzberger. Nays - None. The City Manager addressed th@ Council giving a progress report on Collective Bargaining. Mr. Murray stat- ed they are negotiating with 5 separate unions; Time is limited on negotiating; Request of 1% increase means $80,000. Mayor Lundh moved to proceed with hIring of special consultant for labor negotiations. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas - Mayor Lundh, Councilman Wertzberger. Nays - Councilmen Brady, Stackis, Tully. MOTION FAILED. Communication of Building Commis- sioner notifying Council that Fischer & Co. has applied for a permit to demolish building at 1258 Main Street, presented and read. Councilman Stackis moved that the communication be received and filed and demolition approved. Second- ed by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Historical Preser. vation Commission submitting a report on "Finding of Condition" of the build- ing at 1258 Main Street, owners of building have requested permission to demolish, presented and read. Council- man Stackis moved that the commun- ication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger- Nays-None. Councilman Brady further moved that the communication be referred to the City Solicitor to draw up an Ordin- ance requiring building inspection at the time of changing hands, also that local Realtors be advised. Seconded by Councilman Tully. Carried by the fol- lowing note: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of notice of Public meet- ing. published November 26th and 28th, as to giving citizens an opportunity to express their views on community development and housing needs, pre- sented and read. No written objections were filed and no oral objectors were present at the meeting. Mayor Lundh moved that the proof of publication be received and filed. 597 Seconded by Councilman Stackis. Car- ried 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- ings, published on December 12th 1976 and January 9, 1977 presented and read. Mayor Lundh moved that the proof of publication be considered advisory at this time and further referred to a Council meeting for final action after date scheduled for second hearing by Depàrtment of Community Develop- ment which is set for January 17,1977. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. which could not be accomplished under the limitations of the provisions for non-conforming uses. The Commission has found that the lOCO request required the expansion of an existing C-3 zone in order to avoid a "spot zoning" situation. The extent of the expansion for reclassification is shown as the shaded area on the at- tached map. A petition of neighborhood residents, hearing 33 signatures. object- ing to commercial zoning on the subject properties, is also attached. The Commission has determined that the proposed commercial classification would be detrimental to the adjoining residential areas and has recommended that the request be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner December 17, 1976 To the Honorable Mayor anc City Council The Dubuque Packing Company has requested additional street lighting on the south side of 16th Street east of Sycamore Street. The City Electrical Department has reviewed the request and are recom- mending the installation of one addi- tional 175 watt mercury vapor fixture on an existing wood pole, located mid- way between the existing street light at 16th and Sycamore and the street light 375 feet east. Your approval of this recommenda- tion is requested. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Nays - None. Abstain - Councilman Wertzberger. December 16, 1976 Councilman Stackis moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. December 16, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has received the petition of Gerald and Thomas Swift requesting reclassification of a 3.5 acre parcel in Equestrian Heights from R-2 Residential District to R-3 Residential District to permit construction of mul- ti-unit structures on the site. The property is located on the north side of Kane Street west of Wahlert High School, as shown on the attached map. The petitioners have met the applica- tion and fee requirements of the City of Dubuque Zoning Ordinance 32-75. The Commission has scheduled a public hearing on the petition for Jan- uary \9, 1977 and will report their find- ings to you following that meeting. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Iowa Oil Company for C-3 Arterial Business Commercial classification on their property at 1481 Dodge Street which is presently classified in an OR-1 Office- Residential District. The lOCO service station is presently operating at that address as a legal non-conforming use- The lOCO request was prompted by the Company's desire to build a new self. service gas station on the property Councilman Tully moved that the communication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays ~ None. December 3, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the proposal of H.R.W. As- sociates to reclassify a 19.1 acre parcel in "Key Knolls" Subdivision from a C-3 Arterial Business District to a C-6 Planned Commercial District, to permit development of a shopping center on the site, as shown on the attached map. In considering the H.R.W. reclas- sification request the Commission received a petition, hereto attached, bearing 712 signatures of area residents stating their objection to the request, and voicing their concerns for increased traffic on John F. Kennedy Road and the surrounding residential area. The Commission has determined that they could take no action on the H.R.W. request until the west side traffic problems are resolved. The Planning and Zoning Commission voted 4-2 to table the reclassification request to July 1977, pending completion of a final plan and commitment of funds for the im. provement of Kennedy Road and urges your body to give the Kennedy Road improvement project top priority in current planniQg. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully 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: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. I' Attorney Robert Bertsch spoke to Council on behalf of H.R.w. Associates. stating the necessity to have a public hearing; Has to have a C-6 Classification and then will be able to develop the complex. Councilman Brady moved that the communication of Planning & Zoning be received and filed and a Work Ses- sion be set with Council, Planning & Zoning, West Side Developers and all interested property owners in the area for January 12, 1977 at 7:00 P.M. in the Council Chambers. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. 598 Special Session, December 20, 1976 Special Session, December 20, 1976 Communication of Attorney John Cody Jr. requesting permission to ad- dress the Council as a representative of concerned citizens on the west end relative to proposed shopping center as planned by H.R.W. Associates, present- ed and read. John Cody addressed the Council as being in favor of agreement and would be willing to attend a Work Session; Would provide any information desired; Has no desire to stop development of property. Councilman Tully moved that the communication of Attorney Cody be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the following-vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Planning & Zon. ing Commission submitting an Ordin- ance providing for the inclusion of several properties on J.F.K. Road in the recently created OR-1 "an Office Re- sidential District Classification and AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to reclassify certain properties all lying on John F. Kennedy Road from OR-I Of- fice-Residential District Classification to OR-I"a" Office Residential District Classification, presented and read. Councilman Tully moved that the Communication and Ordinance be referred to the Council Meeting of Jan- uary 17, 1977. Seconded by Councilman Wertzberger- Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays-None. Communication of Planning & Zon- ing Commission submitting an amend- ment to the Zoning Ordinance setting forth provisions for definition and regulation of adult entertainment es- tablishments and AN ORDINANCE amending and changing Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to enact a new Section 5-108 of Article V thereof, to set forth provisions therein providing for regulation, requir- ements and the definition of Adult En- tertainment Establishments, presented and read. Councilman Wertzberger moved that the Communication and Ordinance be referred to the City Solicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. 599 Nays - None. Notice of Claim of Donald D. Dolan in an undetermined amount, for per: sonal injuries received in a fall on an icy sidewalk at 2520 Pennsylvania Ave. on December I, 1976, presented and read. Councilman Tully moved that the No- tice be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of Sheri O'Brien, in the amount of $1018.37, for personal injuries incurred in an accident due to inoperable traffic light at 14th & Main Street Cd cotober 17, 1976, presented and read. Councilman Tully moved that the Notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of Karl Miller Sr. in the approx. amount of $300, for car damage incurred as the result of driving into a catch basin at 1895 Grace Street on December 12, 1976, presented and read. Councilman Tully moved that the Notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Mildred A. Witherall Ex- ecutor of Estate of Cyril N. Meitl deceased, requesting a refund of $633.75 on unexpired portion of Beer-Liquor License No. C3403, presented and read. Councilman Stackis moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 428.76 WHEREAS, City Council of City of Dubuque. Iowa passed, adopted and approved Ordinance No. 32-46 vacating and ordering that portion of the alley and conveying same to Mr. Joseph Wild, which portion of the alley was platted and described as Lot 32A, Littleton and Sawyers Addition all in the City of Dubuque, Iowa; and WHEREAS, said Ordinance vacating said alley was adopted by the City Council on September 3,1946, approved and published on September 5, 1946, but no deed was ever made conveying said property to Mr. Joseph Wild or delivered. NOW THEREFORE BE IT RE- SOLVED by the City Council oftheCity of Dubuque, Iowa: Section 1. That the portion of the alley legally described and known as Lot 32A, of Littleton and Sawyers Addition in the City of Dubuque, Iowa be ordered conveyed to Mr. Joseph Wild and that said conveyance be approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said deed for and on behalf of the City of Dubuque. Iowa. Section 2. That the City Clerk be and he is hereby directed and ordered to deliver said deed to Mr. Joseph Wild. Passed, approved and adopted this 20th day of December, 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. Honorable Mayor and Members of the City Council Since 1972 the City of Dubuque Health Department has made applica- tion and received the authority to in- spect Grade A milk and Grade A milk products from the Iowa State Depart- ment of Agriculture. The last such agreement was approved by the City Council as Resolution No. 270-72 on the 21st. day of August, 1972. The Department of Agriculture has again asked that municipalities renew this agreement to inspect local Grade A milk producers and processors for a period of two years. This agreement to be effective from January 1, 1977 through January 1. 1979. Gilbert D. Chavenelle City Manager Brady. Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 429-76 WHEREAS, City of Dubuque has made application to the Iowa Secretary of Agriculture for authority to conduct milk Inspections. NOWTHEREFORE BE IT RE- SOLVED by the City Council ofthe City of Dubuque, Iowa: Section 1. That the Application and Agreement for Authority to Conduct Inspections, a copy of which is hereto attached, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said application and agreement. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays-None. December 2, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 20 of McClain Subdivision which lies on the south side of West Thirty Second Street just west of its intersection with Carter Road. in the City of Dubuque, Iowa. The Commission has found the final plat to be in conformance with the ap- proved preliminary plat and the Sub- division Ordinance of the City of Dubuque, Iowa and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Wertzberger moved that I Councilman Tully moved that the the communication be received and communication be received and filed. filed. Seconded by Councilman Tully. Seconded by Councilman Wertzberger. Carried by the following vote: Carried by the following vote: Yeas - Mayor Lundh, Councilmen Yeas - Mayor Lundh, Councilmen 600 Special Session, December 20, 1976 Special Session, December 20, 1976 Brady, Stackis, Tully, Wertzberger. Nays ~ None. RESOLUTION NO. 430-76 Resolution Approving the Plat of McClain Subdivision in the CI~ of Dubuque, Iowa WHEREAS, there has been filed wIth the City Clerk a plat of the Subdivision to be known as McClain Subdivision in the City of Dubuque, Iowa, by Earl W. McClain and Phyllis McClain, husband and wife; in the City of Dubuque, Iowa; and WHEREAS, upon said plat appear streets to be known as Killarney Court and Kerry Court, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto. except that street grades have not been estab- lished, the streets brought to grade. or paving, sewer or water installed; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Killarney Court and Kerry Court, together with the new easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of McClain Subdivision in the City of Dubuque, Iowa, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provid- ed the owners of said property herein named, execute their written accep- tance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specification; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals In accordance with plans submitted with the plat; 601 d. To install storm sewers and catch basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where dir- ected by the City Engineer and the City Manager; f. To construct all improvements in compliance with any and all applicable City of Dubuque Specifications and as approved by the City Engineer- g. To maintain the foregoing im- provements fora period of four (4) years from date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Earl W. McClain and Phyllis McClain, husband and wife; i. To construct said improvements, except sidewalks, prior to December I. 1978, and to construct the sidewalks prior to December 1, 1980; j. To install in accordance with City Specification, boulevard street lighting within thirty (30) days after the com- pletion of the adjacent curb and gutter within any particular section of the proposed subdivision; and further provided that said Earl W. McClain and Phyllis McClain. husband and wife, as owners of said Subdivision, secu;e the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Earl W- McClain and Phyllis McClain husband and wife, shall fail to execute the ac- ceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall not be effective. and Phyllis McClain having read the terms and conditions of the foregoing Resolution No. 430-76 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 21st day of December, 1976. s/Earl W. McClain S/Phyllis McClain TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 430-76 has been furnished by the owners. Dated at Dubuque. Iowa, this 18th day of January 1977. Gilbert D. Chavenelle City Manager Councilman Tully 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. Proof of Publication, certified to by the Publisher, of Notice of Levy to pay for Cost of constructing City of Dubuque 1976 Asphalt Paving Project No.1, 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 Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Statement of City Clerk certifying that notices of levy were mailed by certified mail to property owners of record subject to assessment to pay for construction of City of Dubuque As- phalt Paving Project No.1. presented and read. Councilman Tully moved that the statement be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lund.h, Councilmen Brady. Stackis. Tully, Wertzberger. Nays - None. Passed, adopted and approved by un- animous recorded roll call this 20th day of December, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO- 430.76 We, the undersigned Earl W. McClain Communication of Thomas Leibold indicating some confusion as to the method of assessment as it relates to the latest plat of Tower Hills Mobile Home Park and Tower Hills, presented and read. Councilman Tully 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. 431.76 Schedule of Assessments Resolved by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1976 Asphalt Paving Project No.1 on the following named streets: 1. Ashton Place from N.P.L. of Decor- ah SI. to S.P.L. Delaware Street, 2. Central Ave. from south curb line of 4th SI. to north curb line of 3rd, 3. Davis Ave. from W.P.L. of Windsor Ave. to E.P.L. of Sheridan Rd, 4. Dodge St. from E.P.L. of Bluff SI. to Julien Dubuque Bridge, 5. Eagle Point Park-roadway. 6. Intersection widening at J.F.K., Highway 20 and University Ave, 7. Samuel Street from north curb line of Southern Ave. to south curb line of Tressa Street. 8. Tower Drive from west street line of Rockdale Road (sta. 9 + 09) to W.P.L. of Lot 2-1-1-1-2 of M.L. 483 (sta. 9 + 80.29), 9. Windsor Ave. from N.P.L. of Davis Ave. to S.P.L. of alley south of Strauss Street, by Tri-State Paving Div. of Dubuque Stone Products Co., con- tractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, stituated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: CITY OF DUBUQUE 1976 ASPHALT PAVING PROJECT NO.1 A,...ublo City Prole" Sh", Sh"" TDIa' Co~'ru,ti.o co., $27.4<12.02 Eo,iooe"o, Ex""o" 3.570.06 5%[0"""- 52d,>, 198.34 '114.587.20 "42.M'.22 20.700.03 24.270.0' 0 198.34 ------------ '135.287.23 '166.517.65 Tot'¡C." '31.30,42 Coo",y A"'~m'n' p,;d by Ci- 'y -7.264.14 + 7.264.14 ------------ To,"' Co., Adj"""" $23.966.28 '142.551.37 '166,517.65 Ashton Place from the N.P.L. of Decor- ah SI. to the S.P.L. of Delaware 603 Special Session, December 20, 1976 Special Session, December 20, 1976 I 602 @$ 7.50 @ $695.00 @ $500.00 @ $500.00 @$I4.00 @$16.00 @$75.00 @ $ 40.00 @$I75.00 @ $150.00 @$IO.OO 859.88 2.085.00 1.000.00 1.000.00 5.894.00 1.760.00 150.00 440.00 2.143.75 150.00 400.00 $58.922.50 35.792.68 II4.65to", 3 no. of 2 no. of 2 no. of 42I11n.ft. IIOlin.ft. 200.0' Illin.ft. l2.25,u.yd. Ino.of 4911n.ft. 6" d"",lo",<o""tion C"chb69indoubl"y,,104 Cotchb69in,ingl"y"IOI"C" Cntchb69in,ingl,'Y"101 "A" Mod. 15"RCCP2.000n"O"dng 18" RCCP2.000n "0" dog Monhol,b", Mnnhol,,"=ol1. hgl. in lin. ft. a,info"'" 'OnclO'" h,ndwn11 Snnitn", monhol, In, 8"V.T.P. ASMT. 492.69 492.69 492.69 492.69 492.69 492.69 492.69 492.69 492.69 492.69 4.926.90 $1.374.75 1,312.50 883.50 6l1.SS 00.30 3.300.70 2.183.40 468.28 303.80 303.44 52.51 LOCATION Woodlnwn PMk Addition Woodlnwn 'Mk Addition Woodl,wn PMk Addition Woodlnwn PMk Addition Woodlown PMk Addilion Woodlnwn PMk Addition Woodlnwn PMk Addition WoodlnwnPMkAddition Woodlnwn PMk Addition Wondl,wn PMk Addilion OWNER JOT OoMldR.&B'rthnK,i", 293 069idJ. B,idl" & Ba,b",A. Vy,",b<", 294 G"go'yM.&n,bo"hJ.S,hwlrt, 295 CL&EI,i,M,N,m" 296 M,I,in & Eii,. GOU50hnlk 297 Ro",rtJ.&Mn",E.""rlg 306 L'o"'~ 307 O,ni,IF.&Bobb,J",Am69 308 Jom"a.&NOMRi"Nigg 309 Oon&^,dnthM.Ki",hbnnm 310 Tolol Con","ntion Co" CitySh", @ $ 2.35 ~ @$ 1.75- @ $13.75- @ $13.75- @ $ 0.43- @ $ 3.65- @ $ 4.50- @$4.SO- @ $ 1.65- @ $ 1.10- @ $ 0.20 ~ 585 'u. yd. 750 '0. yd. 62.8 Ion 44.5ton 2lOgn1. 004.3Ion 485.2 lin. ft. 1O1.8lin.ft. 184'0.yd. 27.85 '0. fl. 262.53 '0. ft. E"",tion (und",lfi,d) Conc. ,mmenl IOmo,,1 A.C.bind",ou", A.C.'ucf""ouc" 'dm, '0,1 0' In,k '0" %","b"",O<ol1,d "on, b", Combinotion 'u,bond guU" Iy" "A" ComblMt1on 'ucb ,nd gul'" type "B" Sodding 4",OnclO" ,",w,lk Sid,w,lk"O,i,"wnYlOm"nl $23.129.62 3.006.85 167.95 """,bl, Shn" 13% En,ln",in, Ex,'n" 5% Int'lO"-52 day, $26.303.52 ToInI""",bl, Amounl the cost thereof and has determined that $23,966.28 Dollars of the cost ther- eof shall be assessed against the property subject to assessment ther- efor; and WHEREAS public notice, as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of. the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the payment of the assessed cost of: City of Dubuque 1976 Asphalt Paving Project No. I there may be issued street improvement bonds in the amount of $23,966.28 Dol- lars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Street Improvement bonds; and shall bear the date of April 1, 1977; and shall be num- bered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such ma- turity dates as are shown in the follow- ing table: Series Bond No. No. I 1- 3 2 4- 6 3 7- 9 4 10-12 5 13-14 6 15-16 -¡ 17-18 8 19-20 9 21-22 10 23 10 24 Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen $10.864.86 6.532.46 ToInI Con",",lion Co" CilySh", 4.332.40 563.21 31.39 A""'nbl'Sh", 13% Engio"'¡o, E'pen" 5% In",,"-52 da" ToInI A"",nbl, Amoenl $ 4.926.90 Tower Drive - from the west street line of Rockdale Road to the W.P.L. of Lot 2-1-1-1-2 of Mineral Lot 483 OWNER LOT Nichol" W. W,"" All S"ph,n E. Joe," 2.1 Lou"'- & Rit, M. Joeg" 9 Loo"'-&RiloM.Joe", 10 Loul'J. & Riln M. Joe," 11 Loui'J.&RlInM.Joe", 9 Loui'J.&Ril,M.Joe," 7 Leni'URilnM.Joe," 6 loui, J. & ail, M. Joeg" 5 AlOoldJ.&VI,innLB,u" 2-1-1-2 Tow~"illln'~lmen" 1-1-1-2 Loui'J. &ailnM. Joe," 2-1-2 Lou,J.&RilnM.Joeg" 2-2.2 No"y1.M'rty 1-2.2 Ru,,1 Ind'p,nd,nl S,hool Oi,ldet of Tnbl,MoundTowoohi, 2-1-1-1-2 JohnF. & G,yl,M."on,o,k 1-2-1-1-2 JohnF.&Gnyl'M.""co,k 1.2-2-2 JohnF.&Gnyl'M.""",k 2-1-2-2 V""",Mill, 2.2-1-1-2 M"kA,&VioletL,wl, 2.1-1-2-2 Tow" Inv~lm'nt Inc. I 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. Proof of Publication, certified to by the Publisher, of Notice of Hearing to authorize issuance of Street Im- provement Bonds to cover assessed cost of City of Dubuque 1976 Asphalt Paving Project No.1, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman 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. LOCATION ASMT. NI,k w,"" PI", 0.00 Tow" ",Igh" 1.011.35 Tow,,",i,h" 1.512.15 Tow" "'igh" 255.94 Tow" ",igh" '1.58 Tow,,",I,h" 33.23 Tow" ",i,h" 21.93 Tow,,",i,h" 21.93 Tow" ",i,h" 78.19 Tow" "'igh" 879.55 Tow,,",igh" 009.36 Tow" "'i,h" 009.36 T~,,"et,h" 969.36 Tow" "'igh" 969.36 Min",' LOl 493 11.253.81 Min",1 Lol "3 0.00 Min",ILot493 0.00 Min",ILo1463 0.00 Min"nILot463 0.00 Mi""nl Lol 493 0.00 Tow" In""m'n" Sub. No. I 12.28 $19.OJ9.38 Nick W,"" PI", 3.43D.58 Mln",1 Lol 493 1.754.82 Mi"",1 Lol "3 1.940.25 Min",' L", 493 44.74 Min",1 L", "3 73.25 Min",1 Lol "3 20.50 $26.3D3.52 @ $13.75 $5.330.96 @ $13.75 4.612.44 @ $ 0.43 473.00 @ $ 3.65 9.164.60 @ $ 50.00 200.00 @ $ 4.50 8.011.80 @ $ 4.60 417." @ L"mp 1.700.00 @ $ 1.65 4.344.12 @ $ 1.10 2.697.35 @ $ 1.20 316.80 @ $ 0.29 12.00 @ $ 11.00 220.00 @ $100.00 200.00 @ $ 1.00 19.00 @ $ 2.35 4.982.00 @ $ 25.00 167.50 I I I' . County Lo"-A",,,m,n" pe" by City ornubu,", Ni,hol"W.W,"" All JobnF.&Goyl,M.",n,o,k 1.2-1-1-2 Job" F. & Gnyl,M. "nn'ock 1.2-2-2 Job" F. &G,yl,M, "nnco,k 2.1-2-2 V,m,UnMlIl, 2.2-1-1-2 M"kA,&VioletL,ww 2-1-1-2.' Denoon. Instlon $1,000.00 $1.000.00 $1,000.00 $1,000.00 $1,000.00 $1.000.00 $1,000.00 $1,000.00 $1,000.00 $1.000.00 $ 966.28 Maturity Dec. 1.1977 Dec. 1,1978 Dec. 1.1979 Dec. 1.1980 Dec. 1.1981 Dec. I, t982 Dec. I. 1983 Dec. 1.1984 Dec. 1.1985 Dee.I,1986 Dec. I. 1986 RESOLUTION NO. 432-76 Resolution providing for the Issuance of Street Improvement Bonds for the Purpose of Providing for the Payment 01 the Asseased Cost of: City of Dubuque 1976 Aaphalt Paving Project No.1. WHEREAS the contract heretofore entered into by the City of Dubuque, Iowa, for the street improvements her- einafter described has been completed and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained All ofwhi,h i""""d in pmp"rtion 10 ,ped,1 b,n,"" confeIT". A.C. hind~ cou", A.C.,uri",'ou,", Prim,co,1 0' In,k '0,1 %"",b. ,"11""0"' b", Mn"bol~-"i" "low" Comhionlio" cucb & go""'y" "A" Comblonlion ,u,b' gu",,'ype "B" Cydon""" Sodding 4" con"," ""w,lk S"'on""" ,",w,lk Sid,w,lk or d,i"woy "mo,,1 6"con"",dd",lnb Mnnhol, ,ing "dco'" Con"," 0' ",pb,ll,"win, ."",lio" (u"d..,I",d) A.C. b,,' pe"blng 387.71000 335.451000 1,100,,1. 2.510.85 loon 4 '". of 1.780.4 hn. ft. IOJ.8h".ft. Lump 2.632.' ",. yd. 2.452.1"0. ft. 264 ". ft. 64.5 ". ft. 29 ",. yd. 2no.of 19 hn. fl. 2.129 co. yd 7.51000 3. Said bonds shall bear interest at a rate not to exceed seven per cent (7% per annum, payable annually in accor- dance with coupons thereto attached: 604 Special Session, December 20, 1976 Special Session, December 20, 1976 605 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special as- sessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No."". Series No. . CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of one thousand dollars with interest thereon at the rate of .""". per cent per annum, payable .""". annually, on the presentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are pa~able at the office of the City Trea- surer in the City of Dubuque. in the state of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 of the 1975 Code oflowa, as amended, and the Resolution of said City duly passed on the 20th day of December. 1976, being Resolution No. 432-76. This Bond is one of a series of 24 bonds, 23 for$I,OOO.OO numbered from I through 23, and one for $966.28 num- bered 24 all of like tenor and date, and issued for the purpose of: financing the deferred portion of the assessed cost of the City of Dubuque 1976 Asphalt Pav- ing Project No. I. as described in said Resolution. in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1308 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed. in regular and due form, as required by law and said Resolution, and for the assessement, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged IN TES- TIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 20th day of December, 1976. December 15, 1976 To the Honorable Mayor and City Council The Replacement of City Hall Electric Service and Associated Equipment has been substantially completed in accor- dance with plans and specifications by Paulson Electric Company of Dubuque, Iowa. (Seal) Mayor City Clerk (Form 01 Coupon) On the """ day of """"", the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of "."". Dollars, in the office of the City Treasurer in the City of Dubuque, being """. months' interest due that date on its "."". Bond No. . dated Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Treasurer be and he is hereby instructed to register said bonds in a book kept for that purpose. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law. the proceeds of said sale to be placed in a special fund to be known as Fund 1308 and paid out by him to pay the cost of said contract. 8. That the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and counter- signed with the facsimile signature of the City Clerk. 9. That as fast as funds allow. begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. 10.. Notice of election to call these bonds shall be given by regular U.S. Mail addressed to the last known ad- , dress of the purchaser- Passed, adopted and approved this 20th day of December. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Flna' Estimate RESOLUTION NO. 433.76 WHEREAS, the contract for the re- placement of City Hall Electric Service and Associated Equipment has been completed and the City Electrical In- spector has submitted his final estimate showing 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 $5,900.00. That none of the cost thereof shall be assessable upon private property and $5,900.00 shall be paid from the Revenue Sharing Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following 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 Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady. Stackis, Tully. Wertzberger. Nays-None. (A Reaolution Accepting Improvement) RESOLUTION NO- 434.76 WHEREAS, the contract for the re- placement of City Hall Electric Service and Associated Equipment has been completed and the City Manager has examined the work and filed his cer- tificate 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 Revenue Sharing Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of December. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. December 16, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots 1 through 5 of "Nesler Heights on 'Grandview" in the City of Dubuque, Iowa. The subject property lies east of Julien Dubuque Drive and south of Grandview Avenue. The Commission has found that the final plat conforms to the approved preliminary plat for this area and meets the minimum requirements of the Sub- division Regulations of the City of Dubuque, Iowa, and recommends your favorabie consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner 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. 606 Special Session, December 20, 1976 Special Session, December 20, 1976 607 RESOLUTION NO. 435-76 Resolution approving Plat of Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, each of "Nesler Heights on Grandvlew" in the City of Dubuque,lowa WHEREAS there has been filed with the City Clerk a plat in which Lots 9 and 10. each in Linhein Subdivision of Min- eral Lot No. 19, Township 89 North, Range 2 & 3 East of 5th Principal Me- ridian, in the City of Dubuque, Iowa, and of Lot 1 of Lot I of Lot I of Mineral Lot 2, and of East 25 feet of Lot 2 of Lot I of Lot I of Mineral Lot 2, and of Lot I of Lot I of Lot I of Lot 1 of Mineral Lot i3,and of Lot 2 of Lot I of Lot I of Lot 1 of Lot I of Lot 2 of Mineral Lot 14, and of Lot 2 of Lot 2 of Lot 2 of Lot 1 ofLot2 of Mineral Lot 14, and of Min- eral Lot 15, each in the City of Dubuque, Iowa, Lot 4 is to be used as an access to the foregoing de.cribed ~ew Lots and also as an easement for all public utili- ties is platted as: ,Lot 1, Lot 2, Lot3.Lot4 and Lot5,each of "Nesler Heights on Grandview" in the City of Dubuque, Iowa and WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 20th day of December, AD" 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. Councilman Tully moved that the communication be received and filed.¡ ATTEST: Seconded by Mayor Lundh. Carried by Leo F. Frommelt the following vote: City Clerk December 16, 1976 To the Honorable Mayor and City Council The construction of the Highway 20 and Wacker Drive left turn lane, has been substantially completed in accor- dance with plans and specifications by the Flynn Company Inc. of Dubuque, Iowa. 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 in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor ThomasA Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 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 Brady, Stackis, Tully, Wertzberger. Nays-None. Final Estimate RESOLUTION NO. 436-76 WHEREAS, the contract for the con- struction of Highway 20 and Wacker Drive left turn lane has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment 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 $13,759.89. That none of the cost thereof shall be assessable upon private property and $13,759.89 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed,adopted and approved this 20th day of December, 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 Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. December 17, 1976 Honorable Mayor and City Council On behalf of the Rehabilitation Com- mission. I am pleased to submit our proposed guidelines for the Interim As- sistance Rehabilitation Loan and Grant Program. The Commission has prepared these guidelines through a series of commit- tee meetings over the last three months. We believe that the program. as consti- tuted therein, will be an effective re- sponse to an important housing need, and will comply with all applicable state and federal regulations. We look forward to the opportunity to present the guidelines to you, asking for your favorable consideration of them. 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 Brady. Stackis. Tully, Wertzberger. Nays - None. (A Resolution Accepting Improvement) RESOLUTION NO. 437.76 WHEREAS. the contract for the con- struction of Highway 20 and Wacker Drive left turn lane has been completed 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, DUBUQUE REHABILITATION COMMISSION Bruce Cowhig, Rehabilitation Supervisor - - --- Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 438.76 A Resolution approving Guidelines for the Interim Aaslstance Rehabilita- tion Loan and Grant Program and Providing for Rules for the Administration of said Program NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Guidelines for the Interim Assistance Rehabilitation Loan and Grant Program, hereto attached and marked Exhibit "A" be, and the same, are hereby approved as rules for the administration of said program. Section 2. That the Rehabilitation Commission of the City of Dubuque has heretofore approved such Guidelines. Passed, approved and adopted this 20th day of December, 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 Mayor Lundh,. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 439.76 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 Cigar- ettes and Cigarette Papers within said City. Robert W. Grobstick, 1450 Loras Blvd. Norene J. Millman, 601 Rhomberg Ave. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Coundilmen 608 Special Session, December 20, 1976 Special Session, December 20, 1976 609 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. 440.76 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 following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT William J. Baum (Also Sunday Sales), 2995 Central Ave. Clarke College, 1550 Clarke Drive. CLASS "C" BEER PERMIT Osco Drug Store, 705 Main SI. Passed, adopted and approved this 20th day of December, 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 Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 441.76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council ofthe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "Boo BEER PERMIT William J. Baum, (Also Sunday Sales), 2995 Central Ave- Clarke College. 1550 Clarke Drive CLASS "COO BEER PERMIT Osco Drug Store, 705 Main SI. Passed, adopted and approved this 20th day of December, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen spected and found to comply with the State Law and all the City Ordinances relevant thereto and they have flied proper bonds; NOW THEREFORE BE IT RESOLVED by the City Council of Dubuque, Iowa that the Manager be authorized to cause to be Issued to the following name<! applicants a Liquor Llcenae. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Norene J. Millman, 601 Rhomberg Ave. Mary J. Vreeland, (also Sunday Sales), 1298 Main SI. Super Market, Corp., 1101 Central Ave. 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. 442-76 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. Passed, adopted and approved this 20th day of December, 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 adoplÌon of the resolution- Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Mayor Lundh moved that Council- men's pay be raised to $3600 per year, and 150% times that amount for Mayor beginning at earliest legal date. Seconded by Councilman Stackis. Car. ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Wertzberger. Nays - Councilman Tully. At 10:00 P_M. Councilman Tully moved to go into Executive Session. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. MAYOR LUNDH DID NOT ATTEND EXECUTIVE SESSION. Council Reconvened in Regular Ses. sion at 10:40 P.M. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Norene J. Millman, 601 Rhomberg Ave- Mary J. Vreeland, (Also Sunday Sales). i298 Main SI. Super Market, Corp" 1101 Central Ave. Passed, adopted and approved this 20th day of December, 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 Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 443-76 WHEREAS, applications lor Liquor Licenses were flied by the wIthin named applicants and they have receive<! the approval 01 this Council; and WHEREAS, the premiaes to be oc- cupied by such applicants were In- Mayor Pro Tem Stackis announced that Walter Pregler had been selected to fill the unexpired term of Alvin E. Lundh on the City Council. Councilman Tully moved ratification of the appointment. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas - Councilmen Brady, Stackis, Tully. Nays - None. Abstain Mayor Lundh, Councilman Wertzberger. Councilman Brady moved the reap- pointments of Koa Gatrel and James Schwers to the Board of Appeal (Build. ing Code) for a two year term expiring 12-31-78. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved ". 1977 Adopted. .... 1977 Councilmen Attest" " City Clerk