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1977 April Council Proceedings Regular Session, April 4, i977 149-A that service thereof had heen duly made and this Meeting is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the Meeting. invocation was given by Rev. Robert R. Williams, Pastor of Immanuel United Church of Christ. Lee Thacker, Executive Director of United Fund, was introduced by Gent Wittenberg. CiTY OF DUBUQUE SPECiAL CiTY COUNCIL ELECTION MARCH 22, i977 Sloleol ]owo. D"b"ooe Co""lv. SS, Weihe ""dm],"ed membm ofthe Boo," of S"""]",,od]", 0' 0 Boord of c,",""e". do hereby wtltv thollhefollow,"g], 0 troe ,"d ""ectob,lrodofth,"ote, ,",II" eo<h ofthe D"b"ooe CIty ,,"dldote,]" tho SP«"] CIty C,"",U e]ed'," held '" Mor,h 22. 1977 "' 1I,led ,"d """meroted herel" be'ow bV pc«'"d god '" o«ordo",e with the re"ed'"e re,"m, lrom the pC«]",t e]ed]," ofll,'o". CITY COUNCIL OFFICIAL Regular Session, April 4,1977. Council Met at 7:30 P.M. (C.S.T.) Present - Mayor Stackls, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavonelle. Mayor .stackis read the call and stated Prec'"d 1 2 3 4 5 6 7 . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ab,,"lee D,"old E. De]'. 17 9 20 53 26 41 19 28 13 16 23 19 22 20 30 26 22 15 26 25 10 11 29 12 3 4 AltredM. Gole" Jr. 39 20 54 41 38 41 31 26 17 19 31 22 22 35 40 35 ~ 47 28 40 56 38 27 46 14 18 5 J"eph C. Lvlle Jr. . 0 7 15 10 0 4 / : 26 18 6 7 10 4 . 12 16 7 10 13 14 24 11 3 wov" A. Molde"","er 34 25 43 66 37 29 19 28 27 42 " 72 92 85 62 67 " " 93 60 34 42 56 .. 57 19 Ferd A. Ne,ler 10 9 6 12 6 6 5 . 11 9 17 19 . 12 5 10 . . 14 12 6 . 14 23 20 7 WolterA. Pregler 275 " 115 232 97 84 70 81 82 94 142 131 195 102 IOJ lOB 192 151 194 127 149 151 131 153 155 33 Tolol Fe"o", VolI", 383 127 245 419 214 201 148 177 157 190 298 282 346 261 251 250 365 282 384 289 247 252 290 315 2" 73 Toto" 539 830 254 1392 273 3411 6710 We '"rther "rtltv thol ot the Sp«"1 Cltv CO"""I eled]," held '" Mor,h 22. 1977. Wolter A. Fregler hov,"g recel"d Ihe lorge" ""mber 0' vote, '" eold CIty C,"",II Sp«]ol e]ed],". woo dec'ored eleded to '"ltll] Ihe "".e,,]red term ot Alv," E. L"",h. ABSENT Wilfred Bohl. Member D,"old C. Mevm. Cholrm," Llovd C. Hove,. Member AII"I,George J. Brow". Co""IV A"dltor Cgmm],,],"er ot Elecllo", I. George J. Browo. d"lv ele"ed ood gellog C'""tv A"dltor god Comml,,"oer of EI"lIo", 01 D"b,,", CO""tV. lowo do hereby ",tlfv Ihol the obove o"d with'" ,0",""", 0' 0"' l) po". ], ° tr",,"d cor"" ab,tro"0' Ihe "0"'" gfthe Sp"lol Cllv CO"",II ",,1100 held O" Mor,h 22. 1977. I" ",lIm,"v. whereof. wlto,,' mv hood o"d ,,01 olthe C,""IV 0' D"b"o",. ]owo th" 28th dov of Moreh.1977. George J. Brow". C'""tv A"dltor god Cgmml,,'o"er of Ele"'o", D"b"o", C,"otv. lowo ABSENTEE PRECINCT 77 Reo""I, 71 Voted 5 R""led INot voted) 1 Nol Rel","ed 77 2 Cholleoged INot voted) C,""dlm," T""V mooed thot the C'""'" be ""Ived god mode 0 moiler gf record. "co"ded bv C,""Umo" Werl,ber"r. Corrled bv the followl", vol" Ye,,-Movor 51gek". C,""Umeo Brodv. Pregler. T""v. Wer"ber"r. Noyo-No",. CIty Clerk Leo F. Frommelt ,wore '" ",wlv ,I,,"d Co"",Um," Woller A. Pregler. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of March 22, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert.berger. Nays - None. Communication of Playground & Recreation Commission submitting minutes of their meeting of March 14. 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. - - - i50 RegularSession,April4,i977 Nays - None. Communication of Dubuque Airport Commission submitting minutes of their meeting of March 23, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following "ote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Board of Dock Commissioners submitting minutes of their meeting of March 2, 1977, present- ed and read. Councilmall Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Housing Commis- sion submitting minutes of their meet- illg of March 15, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Planning & Zon- ing Commission submitting minutes of their meetings of March 16 and March 17, 1977, presellted and read. Council- mall Tully moved that the minutes be received and filed. Seconded by COUII- cilman Pregier. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Citizens Advisory Commission submitting minutes of their meeting of March 22, 1977, pre- sented and read. Councilman Tuliy moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None. Communication of Duhuque Me- tropolitan Area Transportation Study (DMATS) submitting minutes of their meeting of February 24, 1977, presented and read. Councilman Tuliy moved that the minutes be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. , Nays - None. I Communication of Administrative Assistant Koppes advising of the up- coming Youth in Government activities to take place on April 18, 19 and 20th, 1977, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by COUll- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuliy, Wertzberger. Nays - None. Communication of Robert Fox requesting to be heard to formally no- tify the Council of the existance of a Chapter of the German-American Na- tional Congress here in the City, pre- sented and read. Mayor Stackis moved to suspend the rules to let anyolle present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuliy, Wertzberger. Nays-None. Robert Fox spoke to the communica- tiOIi stating membership now totals 88; hoping for 200. Councilmall Wertz- berger moved that the communlcatioll be received and filed. Seconded hy Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Daniel Berger et ux indicating concern as to the City's responsibility for the freeze-up of a sewer line near their home at 1279 Thomas Place, presented and read. Councilman Tuliy moved that the com- munication be received and filed and referred to the Street Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuliy, Wertzberger. Nays-None. Communication of TV-FM Advisory Commission submitting two names for appointment to their Commission, pre- sented and read. Councilman Tully moved that the communication be referred to the Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Communication of Dubuque Mun- icipal Airport Manager in response to Councilman Tully's concern as to the illegal Part i35 operations, "Fly for Hire" aircraft operation, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Regular Session, April 4, i977 i5i Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuliy, Wertzberger. Nays - None. Communications of DOT advising of Catfish Creek Bridge Repair on U.S. 52 and on U.S. 20, also notification that they propose to let a bridge repair con- tract on Highway 386 in April over C.N.W. R.R. near north corporation line, presented and read. Councilman Tully moved that the communications be received and filed and referred to En- gineering Staff. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of City Manager submitting reports of the Finance Di- rector, Treasurer, Health Department, Water Superintendent, as well as list of claims paid, for the month of February, 1977, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of List of Receipts alld Expenditures, also list of claims paid for month of February, 1977, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: I Yeas - Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of public notice indicating acceptance by the Federal Government of the second year program of Housing & Community Development, presented and read. Councilman Tully moved that the proof of publication be receivedand filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None. Communication of Iowa D.E.Q. ad- vising of issuance of construction per- mit for construction of sanitary sewer extension to Robert Kehl, presented and read. Councilman Tully moved that the communication be received and filed. Sectnded by Councilman Wertzberger. Carried by the following "ote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communicatioll of Mark Hartung requesting a rebuttal with Councilman Tully on his views of Hempstead High School spirit which was stated at the Council Meeting of March 14th, pre- sented and read. Dan Merritt, a Hempstead student, addressed the Council relative to the communicatioll. Councilman Tuliy moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following "ote: Yeas - Mayor Stackis, Councilmen Zrady, Pregler, Tully, Wertzberger. Nays - None. Verbal Request of C. Robert Just- mann requesting to address the Council on Sculpture and residence program opportunities of the City was allowed. Mr. Justmann and Mr. Henkels ad- dressed the Council showing films of the Program. After discussion with Council and requesting $2,000 in matching funds, kind consideration was given by the Council but no indication of support was given for matching funds as sug- gested by petitioners. Communication of Citizens Advisory Commission requesting the immediate appointment of Donald Deich to the Community Development Commission, presented and read. Councilman Pregler moved that the communication be referred to Council. Secollded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Housing Rehabili- tation Commission requesting action on the appointment of four members to the Commission, presented and read. Councilman Pregler moved that the communication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 28, 1977 Honorable Mayor and Members of the City Council I have approved the foliowing sidewalk construction continuation bond; and desire to have your approval of same. Patrick T. Q'Dowd, United Fire & Casualty Co.. Bond No. 55-54096 from Aprili, 1977 to April I, 1978 also Sidewalk construction bond of Greg J. Hammel, Bolld dated March 29, 1977 U.S. Fidelity & Guaranty Co. Gilbert D. Chavenelle City Manager ~ -~- i52 RegularSession,April4, i977 Councilman Pregler moved that the communication be received and filing approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Mayor Stackis requesting a survey as to the continued need and effect of dlverters in the Wa- shington Street Neighborhood, to be done by the Citizens Advisory Commis- sion, presented and read. Eldon Powers of 1471 Washington St" addressed the Council as being in f""or of diverters. Councilman Pregler moved that the communication be referred to the appropriate agency and a report be given within a reasonable time. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 17, 1917 Honorable Mayor and City Council On February 21, 1917, Dallas Lange filed claim against the City of Dubuque claiming damages in the amount of $989.92 allegedly occurring on December 26, 1976, as the result of a ruptured water pipe under the street at said address. This matter was referred to the ap- propriate City agency who has made an investigation thereof and has made written report to the City Attorney's Office of no liability or responsibility on the part of the City of Dubuque. In view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Dallas Lange be denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and recommendation of denial be ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. / Notice of Claim of Carol Ruff, in the amount of $30,000" for personai injuries received in a fall on a defective sidewalk while jogging on March 7, 1977, at the intersection of 18th & Washington Streets. presented alld read. Council- ~~7:~~g~~e:~~e~0 t~:: ~~~y ~~I~~~t~: I for illvestigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, onpubiic hearing on the parking rates and parking meter dis- tricts, presented and read. No written objections were fiied at the time set for the hearing. Counciiman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following "ote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of City Manager requesting approval of parking rates for the Locust & Iowa Street Municipal Parking Garages, presented and read. Councilman Tully moved that the communication be tabled to the Coun- cil Meeting of May 2, i977. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None ORDINANCE NO. 14-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SUBSECTION (b) OF SECTION 25-220 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SUB. SECTION (b) OF SECTION 25-220 IN LIEU THEREOF TO ESTABLISH SPEED LIMITS GENERALLY IN THE CITY OF DUBUQUE, said Ordinance having been previously presented at the Council Meeting of March i2, 1977, presented for finai adoption. ORDINANCE NO. 14-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SUBSECTION (b) OF SECTION 25-220 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SUB- SECTION (b) OF SECTION 25-220 IN LIEU THEREOF TO ESTABLISH SPEEO LIMITS GENERALLY IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA, Section 1. That Subsection (b) of Sec. 25-220 of the Code of Ordinances, City of Dubuque, Iowa be and the same is her- eby repealed and a new Subsection (b) of Sec. 25-220 be enacted in lieu thereof as follows: "(b) The followillg shall be lawful Regular Session, April 4, i977 i53 speed except as otherwise provided in this Code or other ordinance of the City, and any speed in excess thereof shall be unlawful. (I) Twenty (20) miles per hour in any business district except as provided in SubsectiollS 5, 6, 7,8,9, IO and II of this division. (2) Twenty-five (25) miles per hour in any residence or school districts except as provided in Subsections 5, 6, 7, 8, 9, IO and 11 of this division. (3) Forty (40) miles per hour for any motor vehicle drawing allother vehicle III any district oron any street where the lawful speed is in excess of farty (40) miles per hour. (4) Forty-five (45) miles per hour in any suburban district except as provid- ed in Subsection 14 of this division. (5) Thirty-five (35) miles per hour on Locust Street between Southern Aven- ue alld Dodge Street. (6) Thirty.five (35) miles per hour on Dodge Street from Bluff Street to Devon Drive. (7) Thirty-five (35) miles per hour on West Thirty-Second Street from North Grandview Avellue to Johll F. Kenlledy Road. (8) Thirty-five (35) miles per hour on Pellnsylvania Avenue fram Vizaleea Street ta the westerly city limits. (9) Thirty-five (35) miles per haur on Johll F. Kennedy Road from Highway Number 20 ta Asbury Road. (IO) Thirty-five (35) miles per hour an North Gralldview Avellue from Ungs Street to West Thirty-Second Street. (11) Thirty-five (35) miles per hour on Carter Road from Kane Street to West Thirty-Second Street. (12) Fifty-five (55) miles per hour for southbound vehicles on Kerrigan Road from Southern Avenue to the City limits and for northbound vehicles all Ker- rigan Road from the city limits to Mt. Carmel Road. (13) Fifteen (15) miles per hour in Murphy, Eagle Point alld Flora Parks. (14) Thirty-five (35) miles per hour on Kerper Boulevard from Pine Street to Hawtharne Street." Passed, approved and adopted this 4th day of April 1977. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Couucilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald this 7th day of April 1977. Leo F. Frommelt City Clerk It4/7 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. AN ORDINANCE of the City of Dubuque, iowa providing for the repeal of Section 25-307 of the Code of Ordin- ances, City of Dubuque, Iowa and en- acting a new Section 25-307 in lieu thereof to provide time and fee schedule for specific parking lots In the City of Dubuque, said Ordinance having been previously presented and read at the Council Meeting of March 21, 1917, presented for final adoption. Council- man Wertzberger moved to table the Ordinance to the Council Meeting of May 2, 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 15-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 25-304 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-304 IN LIEU THER. EOF DESIGNATING THE VARIOUS MUNICIPALLY OWNED PARKING LOTS IN THE CITY OF DUBUQUE, said Ordinance having been previously presented and read at the Council Meeting of March 2i, 1977, presented for final adoption. ORDINANCE NO. 15-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 25-304 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-304 IN LIEU THER- EOF DESIGNATING THE VARIOUS MUNICIPALLY OWNED PARKING LOTS IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That Sec. 25-304 of the Code of Ordinances, City of Dubuque, Iowa be and the same is hereby repealed and that a new Sec. 25-304 be enacted ill lieu thereof, as follows: "Sec. 25-304. DESIGNA TED. The various mullicipally owlled pa,k- illg lots in the City shall be designated numerically as follows: Lot No. I. The lot situated between i54 Regular Session, April 4, i977 Nillth and Tenih Streets and Iowa Street and Central Avenue. Lot No.2. The lot situated at the northwest corner of Ninth and Bluff Streets ond running parallel to Ninth Street. Lot No.3. The lot situated at the lIorthwest corner of Fifth alld Bluff Streets. Lot No.4. The lot situated at the southwest corner of Fourth alld Iowa Streets. Lot No.5. The lot situated on the middle 1/5 of Out Lot 44B in the City of Dubuque. Lot No.6. The lot situated on the southwest corner of Eleventh alld Bluff Street. Lot No.7. The lot situated on the lIorthwest corner of Fourth and White Streets. Lot No.8. The lot situated on the southeast corner of Tenth and Bluff Streets. Lot No.9. The lot situated on Fifth Street alld the alley east of Locust Street and running parallel to the alley from Fifth to Sixth Street. Passed, approved and adopted this 4th day of Aprit, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of April 1977. Leo F. Frommelt City Clerk it 4/7 . Councilman Wertzberger moved final adoption of the Ordinance. Seconded hy Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Coullcilmen Brady, Pregler, Tully, Wertzberger. Nays - None. AN ORDINANCE of the City of Dubuque, Iowa, providing for the repeal of Section 25-327 of the Code of Ordin- ances, City of Dubuque, Iowa, and en- acting a new Section 25-327 in lieu thereof to provide fee schedule in the respective parking meter districts in the City of Dubuque, said Ordinance having been previously presellted and read at the Council Meeting of March 21, 1977, presented for final adoption. Council- man Wertzberger moved to table the Ordinance to the Council Meeting of May 2, 1977. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 16-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-326 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-326 IN LIEU THER- EOF TO PROVIDE FOR THE ESTAB- LISHMENT OF THREE PARKING METER DISTRICTS IN THE CITY OF DUBUQUE, said Ordinance having heen previously presented and read at the Council Meeting of March 21, 1917,presented for final adoption. ORDINANCE NO. 16-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 25-326 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 25-326 IN LIEU THER- EOF TO PROVIDE FOR THE ESTAB- LISHMENT OF THREE PARKING METER DISTRICTS IN THE CITY OF DUBUQUE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That Sec. 25-326 of the Code of Ordinallces, City of Dubuque. Iowa be and the same is hereby repealed alld that a new Sec. 25-326 be enacted in lieu thereof as follows: "Sec. 25-326. Districts. There are hereby established three (3) parkillg meter districts ill the City to be kllown as Parking Meter Districts A, B and C to be composed of streets and/or portions thereof as follows: PARKING METER DISTRICT A I. Bluff Street, West side betweell 7th and 9th Streets. 2. Locust Street, West side between 5th and Bth Streets and both sides between 9th alld 10th Streets. 3. Main Street, both sides between 1st Street and 4th Street and East side between 9th alld 10th Streets and both sides between 10th and IIth Streets. 4. Iowa Street. both sides between IIth and 12th Streets alld the East side from 13th Street to Loras Blvd. 5. Sixth Street. both sides between Locust Street and Bluff Street. 6. Seventh Street, both sides between Locust Street and Bluff Street and both sides between Central Avenue alld Iowa Street. 7. Central Avenue, both sides between Regular Session, April 4, i977 i55 4th Street and 18th Street and the East side thereof between IBth and 19th Streets. B. Eighth A venue, South side betweell Locust and Bluff Streets and Northside from Central Avenue to alley, West, and the South side from White St. East fora distance of Sixty-six (66) feet. 9. Ninth Street, Northside between Iowa and Locust Streets, alld the South side between Locust and Bluff Streets. 10. Tenth Street, both sides between Iowa and Locust Streets. 11. Thirteenth Street, both sides between Central Avenue and Iowa Street. 12. First Street, both sides between Main Street and Locust Street. PARKING METER DISTRICT B 1. Bluff Street, East side between 5th and 6th Streets and both sides between 6th and 7th Streets and both sides between 10th and lIth Streets. 2. Locust Street, zoth sides between 1st and 2nd Streets and both sides betweell 3rd and 4th Streets and the west side between 4th alld 5th Streets and both sides between 10th alld 12th Streets. 3. Main Street, West side from West 1st Street south for a distallce of21O feet and the East side south for a distance of 360 feet and both sides between 4th alld 5th Streets and both sides between lIth and 13th Streets. 4. Iowa Street, both sides between 3rd alld 4th Streets and both sides between 10th and lIth Streets and both sides between 12th Street and 13th Street alld the west side between 13th alld Loras Boulevard. 5. Second Street, both sides between Main and Locust Streets. 6. Third Street, both sides between Main and Locust Streets alld North side between Iowa alld Main Streets. 7. Fourth Street, both sides, between White Street and Central Avenue and south side between Celltrat A venue and Iowa Street and both sides between Iowa Street and Locust Street. 8. Fifth Street, South side between Central A venue and Locust Street. 9. Eighth Street, North side between Bluff Street and Ulliversity Avenue and South side from Bluff Street west for a distance of approximately 300 feet. 10. Tenth Street, North side between Central Avenue and Iowa Street. I II. Eleventh Street, both sides between Central ;'Ivenue and Bluff Street. 12. Twelfth Street. North side between Central Avenue and I{)wa Street and South siee between Iowa alld Main Streets. 13. Thirteellth Street, both sides between Iowa Street and Main Street. 14. Sixteenth Street, both sides olle- half block East and West of Central Avenue. 15. Seventeellth Street, South side one-half block East and West of Central Avenue. 16. Eighteenth Street, South side one-half block East of Central Avenue. PARKING METER DISTRICT C I. Bluff Street, both sides between 4th alld 5th Streets and both sides between lIth and 12th Streets. 2. Locust Street, both sides between 12th Street and Loras Boulevard. 3. Main Street, both sides between 13th Street and Loras Blvd. 4. Iowa Street. both sides between 2nd and 3rd Streets. 5. Central Avellue. both sides between 3rd and 4th Streets. 6. White Street, West side between lIth and 13th Streets and the West side betwee!l East 14th and East 15th Streets. 7. Second Street, both sides between Iowa and Main Streets. B. Third Street, South side betweell Iowa alld Main Street. 9. Fourth Street, both sides between Locust and Bluff Streets. 10. Fifth Street. both sides between Central Avenue alld White Street and both sides between Locust and Bluff Streets. II. Sixth Street, both sides between Central A venue and White Street. 12. Seventh Street, both sides between Central Avenue and White Street. 13. Eighth Street, both sides betweell Central Avenue and White Street and the South side from a point 300 feet westerly of Bluff Street to University Avenue. 14. Ninth Street, both sides between Celltral A venue and White Street. 15. Tenth Street, both sides betweell Central A venue alld White Street. 16. Eleventh Street, both sides between Central Avenue and White Street. 17. Twelfth Street, both sides between Main alld Bluff Streets. lB. Thirteenth Street, both sides between Central Avenue and White Street and both sides betweell Main and Locust Streets. 19. West Fifteenth Street, both sides one-half block West ofCe!ltral Avellue. 20. East Fifteenth Street, North side one-half block east of Celltral Avenue and the South side from Central A venue to White Street." Passed, approved and adopted this .- ~---- - i56 Regular Session, April 4, i977 4th day of April, 1977. EmilStackls Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of April 1977. Leo F. Frommelt City Clerk It4/7 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider disposal of Lot lA of Dubuque Harbor Co.'s Addition to Mulgrew Oil Co., 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 Pregler moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO, 17-77 AN ORDINANCE VACATING A POR- TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF DODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been pre"iously presented and read at the Council Meeting of March 2i, 1977,presentedfor final adoption. ORDINANCE NO. 17-77 AN ORDINANCE VACATING A POR- TION OF WATER STREET RUNNING FROM THE SOUTH PROPERTY LINE OF OODGE STREET TO THE SOUTH PROPERTY LINE OF LOT 2 OF LOT 17 OF DUBUQUE HARBOR CO.'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA WHEREAS, Mulgrew Oil Co., 85 Ter- minalStreet, as owner of Lot 2 of Lot 15, Lot2 of Lot 16, Lot I of Lot 17, Lot 2 of Lot 17, Lot 18, Lot 1 of Lot 16A, and vacated Charter Street all in Dubuque Harbor Co.'s Addition, has petitioned the City Council for the vacation of Water Street from the south property line of Dodge Street to the south property line of Lot 2 of Lot 17 of Dubuque Harbor Co.'s Addition, all above real estate situated in the City of Dubuque, Iowa; and WHEREAS, Shive-Hattery & As- sociates has prepared and submitted to the City Council said plats showillg the said street, together with Lot 16, Lot 2 of Lot 15, Lot 1 of Lot 16A, Lot 1 of Lot 17, Lot 2 of Lot 17, Lot 18 and vacated portion of Charter Street, all in Dubuque Harbor Co.'s Addition and assigned a number thereto and which shall hereafter be known and described as Lot 1A of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa; alld WHEREAS, the City Council of Dubuque, Iowa has determined that this street Is no longer requIred for public use and the vacation of said street known as Lot 1A of Dubuque Harbor Co.'s Additloll in the City of Dubuque, Iowa should be approved. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That saId real estate de- scribed as Lot 1A of Dubuque Harbor Co.'s Addition in Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby authorized and directed to cause Notice of intent to dispose of said real estate described as Lot 1A of Dubuque Harbor Co.'s Addition runnIng from the south property line of Dodge Street to the south property line of Lot 17 of Dubuque Harbor Co.'s Additioll to Mulgrew Oil Co. Section 3. That the collveyance of said Lot 1A of Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa be and Ihe same is hereby approved upon payment of $1.00, alld upon payment of cost of publication and filing cost. Passed, adopted alld approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Regular Session, April 4, i977 i57 Herald Newspaper this 7th day of April 1977. Leo F. Frommelt City Clerk It4/7 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 93-77 WHEREAS, pursuant to Resolution and published nolico of tlmo and place of hearing, published in the Tole- graph-Herald, a newspaper of goneral circulation published on March 28, 1977, In the City 01 Dubuque,lowa, the City Council of tho City 01 Dubuquo, Iowa met on the 4th day of April, 1977 at 7:30 o'clock P.M. (CST) in the City Council Chambers, City Hall, Dubuque, Iowa to consldor tho propo- sal to dispose of Intereot of tho Clly of Dubuquo, Iowa In real estate, heroln- atler described to MULGREW OIL CO.; and WHEREAS, City Council of tho City 01 Dubuque, Iowa over-ruled any and all objoctions, oral or writton 10 tho proposal to dispose ollnterost of City of Dubuque, Iowa in the herolnatter described real estate to MULGREW OIL CO.: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of inter- est of City of Dubuque, Iowa in and to, and the conveyance of: Lot IA of Dubuque Harbor Co.'s Addi- tion in the City of Duhuque, Iowa to MULGREW OIL CO. be and the same is hereby approved for the purchase price of $1.00 plus costs of publication, platting and recording fees and that no ahstract of title will be furnished, conveyance shall be by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities and for in- gress and egress to repair and maintain the same. Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said deed of conveyance and the City Clerk be and he is hereby authorized and directed to deliver said deed of conveyance to the grantee upon payment of purchase price in full. Soction 3. That the City Clerk he and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote, Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 30, 1977 Honorable Mayor and City Council At your work session of January 25, 1977, the matter of a proposed Historical Preservation Ordinance was referred to the Planning and Zoning Commission for their report and recommendation. The staff and members of the Preser- vation Advisory Board met to consider possible amendments to the ordinance in response to concerns that were voiced at the City Council's work ses- sion. The ordinance and suggested revi- sions were considered by the Planning Commission at their special meeting of February 28. The Planning and Zoning Commis- sion has unanimously endorsed the proposed Historic Preservation Ordin- ance submitted to you under separate cover by the Preservation Advisory Board. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None. March 30, i977 Honorable Mayor and City Council On behalf of the Ad Hoc Preservation Advisory Board, I am pleased to submit a revised Historical Preservation Ordin- ance for Dubuque. A number of amendments have been i58 ReguiarSession,April4,i977 incorporated into the attached final draft ordinance. You should note that routine repairs and maintenance of structures in historical preservation districts have been exempted from the scope of the ordinance, which now ap- plies only to exterior alterations that would otherwise be subject to issuance of a building permit. The finai draft also incorporates a number of procedural safeguards aimed at insuring a more enforceable approach to historical preservation. We believe that you share our view that the natural setting and architec- tural character of Dubuque have provided us an urban environment un- ique to the state of Iowa and one de- serving of the stewardship that the proposed ordinance would provide. We look forward to discussing the proposed Historicai Preservation Or- dinance with you and will urge your favorable consideration of it. C. George Biasi Chairman Ad Hoc Preservation Advisory Board George Biasi addressed the Council relative to the communication. Mayor Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 18-77 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMIS- SION FOR THE CITY OF DUBUQUE. IOWA, AND PROVIDING FOR THE ES- TABLISHMENT OF HISTORIC PRE- SERVATION DISTRICTS, AND DEFIN- ING POWERS AND DUTIES IN AS. SOCIATION THEREWITH, presented and read. Councilman Tully I moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Pregler. Councilman Tully moved that the ruie requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Tully, Wertzherger. Nays - Councilman Pregler. ORDINANCE NO. 18-77 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMIS- SION FOR THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE ES- TABLISHMENT OF HISTORIC PRE- SERVATION DISTRICTS, AND DEFIN- ING POWERS AND DUTIES IN AS- SOCIATION THEREWITH NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA Section 1. Purpose and Intent The purpose of this ordinance is to: a. Promote the educational, cultural, economic and general welfare of the public through the protection, enhall- cement and perpetuation of districts of historic and cultural siglilficance. b. Safeguard the City's historic, aesthetic, and cultural heritage by pre- serving districts of historical, architec- tural, and cultural sigllificallce. c. Stabilize alld improve property values. d. Foster civic pride in the legacy of beauty and achievements of the past. e. Protect and enhance the City's attractions to tourists alld visitors and the support and stimulus to business thereby provided. f Strengthen the ecollOmy of the City, alld g. Promote the use of districts of his- toric and cultural sigllificance as sites for the education, pleasure, and welfare of the people of the City. Section 2. Definitions a. Cortitlcate of Approprlatoness. A document evidencing approval by the Historic Preservation Commission of a proposal to make a material change of use or appearance which must be ob- tained before a Reguiated Permit may be issued. b. Commission. The Dubuque His- toric Preservation Commission, as es- tablished by this Ordinance. c. Historic District. An area contain- ing a sig!'ificant proportion of buildings, structures, or other improvements which, considered as a whole, I. represent one or more distinctive styles or periods of architecture, or methods of construction, or both: or 2. are associated with persons or events that have made significant contribu- tions to the course of local, state or national history; or 3. possesses a coherent and distinctive visual character or integrity based upon similarity of scaie, design, color, setting, workmanship, materials, or combination thereof, which is deemed RegularSession,April4,i977 i59 to add significantly to the value and attractiveness of properties within such area. d. Moterial Change of Appearance. Any change, alteration or modification of the external appearance of a building, improvement, or property within an historic district specifically limited to: I. changes in the exterior size, con- figuration, fenestration, or other structural features of the property; or 2. demolition or removal of all or any part of an historic or archictecturally significant structure; or 3. any excavation on property or the deposit of any waste, fill, or other material on property; or 4. any alteration in the size, location, or appearance of any sign on the property. This definition shall pertain only to material changes of appearance which are visible from the public way, and for which a permit is required for com- pliance with applicable local codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the external appearance of property. e. Regulated Permit. A permit issued by the Building Commissioner, City Engineer, or other official of the City of Dubuque according to provisions of the Building Code, Demolition Code, or other ordinance or regulation, and which permit is regulated by this ordin- ance when: I. the issuance of such permit would occasion a material change in ap- pearance, herein defined, on a struc- ture or site: and 2. the site of such permit is located within an historic district established pursuant to this ordinance. Section 3. Dubuque Historic Preser- vation Commission a. The Commission shall illitially con- sist of seven (7) members who shall be residents of the City of Dubuque. b. Members of the commission shall be appointed by the Mayor with the advice and consent of the Council. The members shall be appointed as follows: one from a list of persons nominated by the Dubuque Board of Reaitors; one from a list of persons lIominoted by the Dubuque County Historicol Society; and five ot-large members each of whom shail possess professional qualifications evidencing expertise in architecture, law, construction, or building rehabilitation, city planning, or collservation in general. In the event that names are not submitted by the appropriate organization within 60 days of the receipt of the request, the Mayor may proceed to fill these positions ill the same manner as members at-large: as historical districts may hereafter be created, ane member shall be appointed from each district. c. The original appointment of the members of the Commission shall be, three for one year, two for two years, and two for three years, from March I followillg the year of such appointment or until their successor is named to serve out the unexpired portion of their term of oppointment or ulltil their successor is appointed to serve for the term of three years. Members appointed from designated Historical Districts shail serve three-year terms. d. Vacancies occurrillg in the Com- mission, other thall expiration of term of office, shall be only for the unexpired portion of the member replaced. e. Members may serve for more than one term and each member shall serve until the appoilltment of a successor. f. Vacancies shall be filled by the Mayor accordillg to the original selec- tion as aforesaid. g. Members shall serve without compellsation. h. A simple mo;ority of the Commis- sion shall constitute 0 quorum for the transoction of busilless. Soction 4. Rules of the Commission a. The Historic Preservation Commis- sion shall elect from its membership a chairman and vice-chairman whose terms of office shall be fixed by the Commission. The Chairmall shall pre- side over the Commissioll and shall have the right to vote. The Vice-Chairman shall, in cases of absellce or disability of the Chairman, perform the duties of the Chairman. b. The City Manager shall designate a person to serve as Secretary to the Commission. The Secretary shall keep a record of all resolutions, proceedings, and actions of the Historic Preservatioll Commission. c. The Commission shall adopt rules or bylaws for the trallsaction of its business which shall provide for the time~nd place of holdillg regular meet- ings. They shall provide for the calling of special meetings by the Chairman or by at least three members of the Commis- sion. All regular or special meetings of the Commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before it reaches its decisian. i60 Regular Session, April 4, i977 d. The Commission shall keep a record, which sholl be open to the pubiic view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majori- ty of those members present shall con- stitute approval of plans before it for review, or for the adoption of any re- solution, motion or other action of the Commission. The Commission shall submit a report of its activities to the Council and may make such recom- melldations to the Coullcil as it deems I lIecessary to carry out the principles of this ordinance. Soctlon 5. Powers 01 the Commission a. The Commission may conduct studies for the identification and desig- nation of Historic Districts meeting the definitions established by this ordin- allce. The Commission may proceed at its own initiative or upon a petition from any person, group, or association. b. The Commission may make a report and recommendatioll for the de- sigllation of an historic district, and may conduct a pubiic hearillg thereOli. Such report and recommendation shall be filed with the Planlling and Zoning Commission, and shall include a proposed ordinance establishing such district and describing the boundary thereof c. Within 60 days of the receipt of the report, recommendation and proposed ordinance, the Plallnillg and Zoning Commission shall report to the City Council with respect to the relation of such designation to the general development plan, zoning ordinance, proposed public improvements, and any plans for the renewal of the area in- volved. Upon submission of the report of the Planning and Zolling Commission, or upon the expiration of the 60 day period, the matter shall be transmitted to the City Council. d. Upon receiving the recommenda- tion of the Historic Preservation Com- mission and the report of the Planning Commission, the City Council shall con- duct a public hearing on the ordinance estabiishlng the proposed Historical Preservation District. The Council may approve or disapprove the ordinance or may refer the historic district designa- tion to the Commission for modification. e. After approval of the Historical Preservation District designation by the Council, no material change in appear- allce of a structure or site within a designated district shall be made or permitted to be made by the owner or occupant thereof until a regulated per- mit shall have been obtained for such change as provided by the ordinance. f After approval of a designation by the Coullcil, It shall be the duty of the Historic Preservation Commission to review all plans for any and all material challges in appearance of a structure or site within any district and it shall have the power to pass upon such plans before a regulated permit for such can be granted, provided that the Commis- sion shall pass only on such features of a change as are visible from the public way. The Commission shall issue a cer- tificate of appropriateness if it approves plans submitted to It for review. The Commission shall approve only if it finds either: 1. The proposed work in creating, changing, destroyillg, or affecting the exterior architectural features of the improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historical, or architectural siglliflcance and value of either the property itself or of the neighboring improvements in such district. 111 considering architectural and cultur- al values, the Commission shall de- termine whether the proposed challge is consistent with the historic value and the spirit of the architectural style of the district; or 2. that the denial of a Certificate of Appropriateness would prevellt the owller of the improvement within an historic district from earning a rea- sollable retum or enjoying a bell- eficial occupance or other interest in his property. The Building Commis- sioMr, City Engineer, or other local authorities shall not issue a regulated permit until such Certificate of Ap- propriateness has beell issued by the Commission. g. Demolition of structures erected within historic districts alld deemed by the Commission to be of a particular architectural or historical significance shall be prohibited unless, upon ap- piication, the Commission finds that the prohibition of demolition prevents the owner of the property from earning any reasonable return on the property. In the evenl that the structure is foulld to be of unique value, the Commission, may, notwithstanding the showing of an absence of a reasonable retum, deny permission to demolish, provided. how- ever. that a denial of permissioll to demolish shall prohibit demolition for no more than four months from the date of application for a permit to demolish, unless at the expiratioll of four months, adjustments have been made which Regular session, April 4, i977 i6i allow for such a retum. During this time the Commission shall eneeavor to for- mulate, with the owner, an economical- ly feasible plan for the preservation of such structure. h. Other Powers in addi- tion to those duties and powers specified above, the Commission may, with Council approval 1. Accept unconditiollal gifts alld dona- tiolls of real alld personal property, including money, for the purpose of historic preservatioll. 2. Acquire by purchase, bequest, or donation, fee and iesser interests in historic properties, including proper- ties adjacent to or associated with historic properties. 3. Preserve, restore, maintain and oper- ate historic properties under the ow- nership or control of the Commission. 4. Lease, sell, and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a mallner that will preserve the property. 5. Contract, with the approval of the governing body, with the state or the federai government or other organizations. 6. Cooperate with the federal, state, alld locai governments in the pursuallce of the objectives of historic preservation. 7. Participate in the conduct of land-use, urban renewal, and other plallnillg undertaken by the governing body. 8. Recommend ordinances or ttherwise provide information for the purposes of historic preservation to the gopeming body. 9. Promote and conduct an educational I alld interpretive program on historic properties withill its jurisdiction. 10. Ellter, only in performance os its official duties and only at reasonable times, upon private lallds for examin- ation or survey of the lands. However, the Commission shall not enter a private building or structure without the express consent of the owner or occupant. Section 6. Procedure for the Revlow 01 Plans a. Appiication for a regulated permit shall be made to the Building Commis- sioner. In the event that the application Is made by way of an appiication for a building permit, the application will state that the work is to be done within all historical district, The Commission may require submission of such draw- ings, sketches, photographs, or other exhibits as it deems reasonably neces- sary for consideration of the appiication. b. Upon the fiiillg of such application. the Building Commissioner shall im- mediately notify tM Historic Preserva- tion CommissiOli of the receipt of such application and shall transmit it ttgether with accompanying plans and other information to the Commissioll, unless it pertains solely to the interior of the structure. c. The Historic Preservation Commis- sion shall meet within fourteen days after notification by the Building Com- missioner of the filing, unless otherwise mutually agreed upon by the appiicallt and Commission, and shall review the plans according to the duties and powers specified herein. In reviewing the plans, the Commission may confer with the applicant or his authorized represelilative. d. The Commissioll shall approve or disapprove such pia liS, and if approved, shall issue a Certificate of Appropriate- lIess which is to be signed by the Chair- mall, attached to the appiication for the regulated permit and immediately transmitted to the Buildillg Commissioner. e. If the Commissioll disapproves of such plalls, it shall state its reasons for doing so and shall trallsmit a record of such action and reasons therefore ill writing to the Building Commissioner and to the appiicallt. The Commission may propose appropriate revisions of the appiicant's plalls if it disapproved of the plans submitted. The applicant, if he so desires, may'make modifications to his plans and shàl{ have the right to re-submit his appiica1io" at ony time. f No regulated permit shall be issued authorizillg a material ,hange in use or appearance of a structure of "lite within all historic district until a Certificate of Appropriateness has beell filed with the Building Commissioner. In the eve;'tthe Commission disapproves of a proposed plan, its notice of disapproval shall bè, binding upon the Building Commis- ' sioner and no permit shall be issued in such a case. The faiiure of the Commis- sion to act within forty-five days from the date of an application filed with it, unless an extension is agreed upon mu- tually by the applicant and the Com- mission, shall be deemed to constitute approval. In the event. however, that the Commission shall make a fillding that the circumstances of a particular appiication require further time for ad- ditional study and information than can be obtained within the aforesaid period offorty-five days, then in said event the Commission shall have a period of up to lIinety days within which to act upon such an appiication. g. After the Certificate of Appro- i62 Regular Session, April 4, i977 Reguiar Session, April 4, i977 i63 Herald Newspaper this 11th day of April 1977. Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that a public hearing be held on the Ordinance on May 2, i977, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. priateness has been issued and the regulated permit granted to the ap- plicant, the Building Commissioner shall from time to time inspect the construc- tion, alteration, or repair approved by such Certificate and shail take such action as is necessary to ellforce com- pliance with the approved pians. h. Nothing in this ordinance shail be construed to prevent ordinary mainten. ance or repair of any structure within an historic district where such main- tenance or repair does not involve a material change of appearance, as her- ein defined. Section 7. Appeols Appeals from the decisiolls or actions of the Historic Preservation Commission may be tokell to a court of appropriate ¡urisdiction in Dubuque County, Iowa. Section 8. Violations and Penalties For every violation of allY provision of this ordinance the owner, gelleral agent, tenant, occupant or contractor of a structure or site invalved shall be guilty of a misdemeonor punishable by a fine not exceeding 30 days. Each week or portion thereof of a continued breach shail constitute a separate, odditional violation. In additian, the Council shail have such other remedies as are provid- ed by law to enforce the provisiolls of this ordinance, including but not limited to, in¡unctive relief. Section 9. Separability Should ony section or provision of this ordinance be decided by a court of this state to be unconstitutional or invalid, such decision shall not affect the validi- ty of the ordinance as a whole ar any part thereof other thall the part so decided to be ullcollstitutlonal or invalid. lt4/II Leo F. Frommelt City Clerk Councilman Tully moved final adop- tion of the Ordinance as Amended. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Pregler. March i8, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on an amendment to Ordinance No. 32-75 to enact a new Section 1-103, Application of District Regulations, which was omitted from the City of Dubuque's Zoning Ordinance which you adopted in September, 1975. The omission was noted recently in the matter of applying zoning classification to newly annexed properties which is now provided for in Section i-1O3.5 of this amendment. A copy of the provi- sions are attached for your information. The Planning and Zoning Commis- sion has approved the proposal for in- clusion of Section 1-103, Application of District Regulations, in Ordinance No. 32-75 and recommends your favorable consideration. CiTY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development March i8, 1977 Honorabie Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Powers Land Development Company to reclas- sifya .58 acre tract in "Powers Place" and shown as parcel 4 on the attached map from R-2 Residential District to R-3 Residential District classification. The property has frontage on the south side of the 3200 block of Asbury Road just east of Its intersection with John F. Kennedy Road In the City of Dubuque, iowa. In hearing the matter, the Planning and Zoning Commission determined that application of the R-3 District clas- sification to this property is acceptable and that the parcel could reasonably serve as a buffer zone between single family development and an existing commercial establishment. There was no one present at the public hearing to speak in opposition to the proposal. The Commission recommends your favora- ble consideration CITY PLANNiNG AND ZONING COMMiSSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Mayor Stackis moved that the com- munication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. AN ORDINANCE amending and changing Ordinance No. 32-75 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, by enact- ing a new Section i-1O3, "Application of District Regulations", of Article i. to provide for the uniform application of regulations to each class or kind of structure or land within each district, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Section 10. Short Title This ordinance shall be known and may be cited as "The Historic Preserva- tion Ordinance of the City of Dubuque, Iowa." Section 11. Effoctlve Date This ordinallce shall take effect im- mediately upon passage adnd publica- tion as required by law. Passed, adopted and approved this 4th dny of April 1977. EmiiStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph 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 .58 acres in Powers Place from R-2 Residential District Classification to R-3 Residential District Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that a public hearing be held on the Ordinance on May 2,1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None ORDINANCE NO. 19.77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MAYOR OF THE CITY OF DUBUQUE, IOWA, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 19-77 AN ORDINANCE FIXING AND ESTAB. LISHING THE SALARY FOR THE MAYOR OF THE CITY OF DUBUQUE, IOWA Leo F. Frommelt City Clerk i64 Regular Session, April 4, i977 Regular Session, April 4, i977 i65 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Soction 1. That the salary for the Mayor of the City of Dubuque, Iowa be and the same is hereby fixed and estab- lished in the amount of $3500. per an- num, commencing 011 the 1st day of Jalluary, 1980; will amelld illereases based upon cost of living index effective the first day of January of each suc- ceedillg year. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF. Frommelt City Clerh Published officially in the Telegraph Herald Newspaper this 8th day of April 1977. Leo F. Frommelt City Clerk 114/8 Councilman Pregler moved final adoption of the Ordinance as Amended. Seconded by Councilman Tully. Carried by the following vote; Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 20-77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to he received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the vol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 20-77 AN ORDINANCE FIXING AND ESTAB- LISHING THE SALARY FOR THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL DF THE CITY OF DUBUQUE, IOWA: Section 1. That the salary for each of the members of the City Council o{the City of Dubuque, Iowa be and the same is hereby fixed and established in the amount of $3000. commencing on the 1st day of January, 1980 for those members eligible thereto under Iowa Law; will amend increases based upon cost of living index effective the first day of January of each succeeding year. Passed, approved alld adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Communication of Citizens Advisory Commission requesting consideration of two issues before adopting the Park Ordinance; one as being oposed to the closing times and the other that the Park Superintendent being able to delegate authority to close the parks prior to the stated closing time, pre- sented and read. Mayor Stackis moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Communication of Louis Oswald et al requesting to address the Council on the proposed park ordinance on the impor- tance of parks to the youth of the City for night time recreation, presented and read. Louis Oswald addressed the Council, stating closing time is too early. Park Board Member Fred Apel spoke to the Council relative to the closing of the parks at an earlier time. Don Deich spoke to the communication. Mayor Stackis moved that the com- munication of Louis Oswald et al be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. An Ordinance providing to prohibit the use of intoxicating liquor in the City Parks; governing use of bicycles, mo- torcycles etc., in City Parks; providing for open season and hours in City Parks. presented and read. Councilman Wertzberger moved that the Ordinance be referred back to the Park Board to consider extended time for closing of parks. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of D.A.V. Chapter 6 request- ing permission to conduct a Forget- Me-Not Drive on August 5th and 6th, presented and read. Councilman Tully moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Dua,," Rosensweig of 245 Killg Street requesting vacation of a portion of alley between King and Broadway Street, also possible purchase of same, presented and read. Council- man Tully moved that the petition be referred to the City Manager for inves- ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of April 1977. 114/8 Councilman Pregler moved final adoption of the Ordinance as Amended. Seconded by Councilman Tully. Car- ried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Human Rights Commission submitting a draft of amendments to the Human Rights Or- dinance in an effort to keep it consistent with the State Code of Iowa, along with City Attorney's draft, presented and read. Councilman Pregler moved that the communication and draft of Human Rights Ordinance be referred to the City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Park Board Sub- mitting their resolution suggesting that the Council adopt proposed amend- ments to the Park Board Ordinance, presented and read. Mayor Stackis moved that the resolution be referred back to the Park Board.. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. tigatitn and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Dubuque Craft League requesting use of Washington Street Park to conduct an invitational art and craft show this summer, presented and read. Councilman Tully moved that the petition be referred to the City Man- agerand Park Board. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Loras College requesting to conduct a fireworks display on April 30, 1977, in conjunction with the Dion- ysia Weekend, presented and read. Councilman Wertzberger moved that request be approved subject to final approval of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Petition of Ralph L. Kirchen et ai, requesting repair of Mayfair Court, pre- sented and read. Councilman Wertz- berger moved that the petition be received and filed (Street repaired). Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Michael F. Pusateri requesting refund of $25. on unexpired portion of Cigarette License No. 899, discontinued business on March 26, 1977 presented and read. Councilman Tully moved that the refund be granted and City Auditor be directed to issue proper warrant. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Gerald J. Ihm praying for relief from a Health Department order turning him down for the construction of a septic system located in the 1200 block of Kelly Lane, presented and read. Councilman Tully moved that the peti- tion be received and filed; Seconded by Councilman Wertzberger. Carried by the following vote: Yeas -Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. i66 RegularSession,April4,i977 March i8, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot I and Lot 2 of block 6 of "Timber Ridge" Addition lying on either side of a southerly extension of Ri- chard's Road in the City of Dubuque, Iowa. The Commission has approved the final plat subject to the condition that Lot 2 of Block 6 of "Timber Ridge" will become a part of the abutting lot to the north. The Planning and Zoning Com- mission recommends your favorable consideration. CiTY PLANNiNG AND ZONING COMMiSSION Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 94-77 Resolution approving the Plat 01 Lots 1 and 2, each in Block 6 In Timber Ridge Addition In the City of Dubuque, Iowa WHEREAS, there has boon lIIod with the City Clerk a plat of tho Subdivision to be known as Block 6 In Timber Ridge Addition In tho City of Dubuque, Iowa, by Richard C. Honschel and Mildred L. Henschel, husband and wile; and WHEREAS, upon said plat appear streeto to be known as Richard's Road, togother with certain public utility oa- semonts which the Owners by said plat havo dedicated to the public forovor; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsod theroon; ond WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinancos rolating thereto, ex- cept that street grades have not been established, tho streots brought to grado, or paving, sowor or water Installod; NOW THEREFORE, BE IT RE- SOLVED by tho City Council of the City 01 Dubuque, Iowa, Section 1. That the dedications of Richard's Road, together with the ea- sements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 6 in Timber Ridge Addition 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 attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Richard's Road with bituminous concrete, or with concrete paving with integral curb, all in accor- dance 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 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 boulevard 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; 1. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, husband and wife, as owner; j. To construct said improvements, except sidewalks and street lighting prior to March, 1979, and to construct the sidewalks and street lighting prior to March, i98i. and further provided that said Ri- chard C. Henschel and Mildred L. Henschel, husbãnd and wife, as owners of said Subdivision, secure the perfor- mance of the foregoing conditions by providing security in such form and with such sureties as may be acceptahle to the City Manager. Section 3. That in the event Richard C. Henschel and Mildred L. Henschel, Regular Session, April 4, i977 i67 husband and wife, 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 dedica- tion and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll callthis this 4th day of April, AD., 1977. EmiiStackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 94-77 We, the undersigned Richard C. Henschel and Mildred L. Henschel hav- ing read the terms and conditions of the foregoing Resolution No. 94-77 and be- ing familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 14th day of April, i977. s(Miidred L. Henschel Richard C. Henschel TO: LEO F. FROMMELT CiTY CLERK This is to certify that the security provided by the foregoing RESOLU- TION NO. 94-77 has been furnished by the owners. Dated at Dubuque, Iowa, this 14th day of April, 1977. Gilbert D. Chavenelle City Manager March 30, 1977 Honorable Mayor and City Council At your meeting of March 10, 1977, we presented a resolution ordering the abandonment of the North Fork Catfish Creek Project. We also advised that the principal property owner involved in that project had given late notice of his willingness to reopen negotiations, and the resolution was then tabled. We must now advise that the prin- cipal property owner no longer wishes to be considered a willing seller, and that further negotiations are not possi- ble. Therefore, we have re-submitted the resolution ordering abandonment of the project, and recommend that it be adopted. Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Coullcilmen Pregler, Tully, Wertzberger. Nays - Councilman Brady. RESOLUTION NO. 95-77 A Resolution RepealIng Resolution No. 169-76, and Instructing that plans lor a North Fork Catfish Creek Watershed Project be abandoned WHEREAS, the City of Dubuque, Iowa and the Soil Conservation Service, USDA, have joined in a watershed work plan for the North Fork Catfish Creek Project, adopted according to the City Council Resolution No. 169-76, and WHEREAS, investigations and nego- tiations instructed by said resolution have now progressed in a determination of financial infeasibility has been made; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That the Soil Conservation Service, USDA be and here is requested to abandoned efforts according to the aforementioned watershed work plan, and that notice be given to the Soil Conservation Service of a determina- tion of project infeasibility due to fin- ancial considerations. Section 2. That notice be given to the Soil Conservation Service. USDA, of the appreciation of the City Council of the City of Dubuque, Iowa for efforts of that agency on behalf of the City of Dubuque, and of disappointment and regrets of the City Council that the financial feasibility of the project could not be obtained. Section 3. That the Soil Conservation Service, USDA be requested to continue its efforts with city staff toward resolv- ing drainage problems in the watershed of the North Fork Catfish Creek in hopes that alternative mean of protec- tion and impro"ement may still be obtained. Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger Walter A Pregler Councilmen i68 Regular Session, April 4, i977 Regular Session, April 4, 1977 i69 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays - Councilman Brady Proof of Publication, certified to by the Puhlisher, of Notice oftaking bid for construction of Wastewater Treatment Facilities for the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. March 30, 1977 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m. on March 29, 1977 for Phase 11 Contract i of the Wastewater Treatment Facili- ties, Terminal Street Force Main. The lowest bid was submitted by the Johnson Brothers Corporation of Litch- field, Minnesota. Their bid of $1,230,158 was 11.5% under the Engineer's Estimate. I would recommend that the contract be awarded to the Johnson Brothers Corporation subject to the concurrence of the Environmental Protection Agency and the Iowa Department of Environmental Quality. Gilbert D. Chavenelle City Maoager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Awarding Contract) RESOLUTION NO. 96.77 WHEREAS, sealed proposals have been submitted by contractors for the Terminal Street Force Main Wastewater Treatment Facilities Phase 11 Contract I pursuant to Resolution No. 38-77 and notice to bidders published in a newspaper published in said City on February 14, i977 and March 10, 1977: and WHEREAS, said sealed proposals were opened and read on March 29, i977, and it has been determined that the bid of Johnson Brothers Corpora- tion of Litchfield, Minnesota in the amount of $i,230,158 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifica- tions: now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Johnson Brothers Corporation, subject to the concurrence of the Environmental Pro- , tection Agency and Iowa Department of Environmental Quality and the man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed toretum the bid deposits of the unsuccessful bidders. Passed and adopted this 4th day of April, 1977. Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 97.77 WHEREAS, the City of Duhuque, Iowa shall be constructing a force main from the Terminal Street Lift Station to the Wastewater Treatment Plant, and WHEREAS, portions of the proposed project are located on parcels of propertyowned by the IIlinois Centeral Gulf Railroad, and WHEREAS, it is necessary to obtain the permission of the IIlinois Central for said installation on their properties. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Mayor be and he is hereby authorized and direct- ed to execute the attached agreement dated March 17, i977 relative to the construction and maintenance of the Terminal Street Force Main, and the City Clerk be and he is hereby directed to file the document with the IIlinois Central Gulf Railroad. Passed, adopted and approved this 4th day of April, i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Emil Stackls Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March 23,1977 To the Honorable Mayor and City Council The enclosed agreements provide the City of Dubuque the right to construct the Terminal Street Force Main upon properties owned by the IIlinois Central and the Chicago, Milwaukee, St. Paul and Pacific Railroads. The attached resolutions authorize the Mayor to execute the agreements on behalf of the City Council, and directs the City Clerk to file the document with the respective companies. Gilbert D. Chavenelle City Manager ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas -, Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 98.77 WHEREAS, the City of Dubuque, Iowa, shall be constructing a force main from the Terminal Street wlift Station to the Wastewater Treatment Plant, and WHEREAS, portions of the proposed project are located on parcels of property owned by the Chicago, Mil- waukee, St. Paul and Pacific Railroad, and WHEREAS, it is necessary to obtain the permission of the Chicago, Milwau- kee, St. Paul and Pacific for said instal- lation on their properties. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Mayor he and he is herehy authorized and direct- ed to execute the attached agreement dated March 17, 1977 relative to the construction and maintenance of the Terminal Street Force Main, and that Mayor Stackis moved that the com- munication be received and filed, Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen the City Clerk be and he is hereby dir- ected to file the document with the Chicago, Milwaukee, St. Paul and Pacific Railroad. Passed, approved, and adopted this 4thdayofApril,1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. March i5, 1977 To the Honorable Mayor and City Council Enclosed are the preliminary plans, specifications and estimate for Central Avenue Street Lighting from 9th Street to 12th Street. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 99.77 Approval of preliminary plans, es- timate, specs., etc. for construction of Central Avenue Street Lighting from 9th Street to 12th Street, In the estimat- ed amount of $30,176.45, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Necessity for Improvement) RESOLUTION NO. 100.77 WHEREAS, proposed plans. specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque. Iowa, and are now on file in the office of the City Clerk showing among other things the following. (I) The Plan of such improvement (2) An estimate of the cost of the improvement for the construction of Central Avenue Street Lighting from notice of the time and place of such hearing to be published in some new- spaper published in the City of Dubuque which shall not be less than four (4) days nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the construc- tion of the aforementioned improvement. Passed, adopted and approved this 4th day of April, 1977 EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen i70 Regular Session, April 4, i977 9th Street to 12th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the publÎc welfare to make the herein mentioned Improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the revenue Sharing Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of April, i977. Approved and piaced tn file for final action. APPROVED: Emil Stackis Mayor Thomas A. Tully Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Fixing Dato 01 Hearing) RESOLUTION NO. 101-77 WHEREAS, the City Council of the City of Dubuque, iowa has given its preliminary approval on the proposed plans, specifications, and form. of con- tract and placed same on file in the office of the City Clerk for public in- spection for the Central Avenue Street Lighting from 9th Street to 12th Street. BE IT THEREFORE RESOLVED that on the 18th day of April, 1977, a public hearing wiil be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvements may appear and make objection to the por- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City clerk be and he is hereby directed to cause a ATTEST: Leo F. Frommelt City Clerk Councilman Tuily moved adoption of the resolution. Seconded by Council- man Pregler" Carried by the foilowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. March i5, 1977 To the Hollorable Mayor and City Council I hereby submit the plans and specifications for the Interconnection of 14th Street and the Intersection of 16th and Elm Streets to the C.B.D. System Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 102-77 Approval of plans, preliminary es- timate, specs., etc. for interconnection of i4th Street and the intersection of 16th and Elm Streets to the C.B.D. Sys- tem, in the estimated cost of $22,260.05, presented and read. Councilman Tully moved adoption of the resolution. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Necessity lor Improvement) RESOLUTION NO. 103-77 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City ofDuhuque and ReguiarSession,April4,i977 17i are now on file ill the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the inter- connection of 14th Street and the inter- section of 16th and Elm Streets to the C.RD. System. BE iT THEREFORE RESOLVED that the City Council on its own motionor upon petition of property owners, deems it advisable and necessary for the public welfare to make the hereinmen- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on fiie with the City Clerk objections to the proposed im- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and spedcifications which have been prepared tterefore by the City Engineer which have been approved by the City Council and are now on fiie with the City Clerk. That the cost and expense of making said improvement will be paid from the Road Use Tax Funds. The above resolution was introeuced, :;;¡~~~:~it~n~I::kd;~~sd4r;~~~do~~;;:~ i 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved approval of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays - None. (Fixing Date 01 Hoarlng) RESOLUTION NO. 104-77 WHEREAS, the City Council of the City of Dubuque, Iowa has givell its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the interconnection of 14th Street and the intersection of 16th and Elm Streets to the C.RD. System. BE IT THEREFORE RESOLVED that on the 18th day of April, 1977. a puhlic hearing wiil be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk he and he is hereby directed to cause a notice of the time and piace of such hearing to be published in some new- spaper published in the City of Dubuque which shall be lIotless than four (4) days nor more than twenty (20) days prior to the day fixed for its consideration, and said Cierk is further illstructed to ad- vertise for proposals for the construc- tioll of the aforementioned improvement. Passed. adopted alld approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilmall Tully moved adoption of the resolution. Seconded hy Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of City Manager and Engineer submitting plans and specs. for the Main Street Lighting From First Street to Fourth Street; A RESOLU- TION appro"ing the Preliminary Estimate, specs., form of contract for construction of the Main Street Light- ing from First Street to Fourth Street, at the estimated cost of $8,896.17; A RE- SOLUTION approving the Necessity for Improvement for construction of the Main Street lighting from First Street to Fourth Street: A RESOLUTION Fixing date of hearing on resolution of neces- sity and directing Clerk to puhlish no- tice to contractors for construction of Main Street lighting from First Street to Fourth Street, presented and read. Councilman Brady moved to table the communication and resolutions for one month. wseconded by Mayor Stackis. MOTION ON THE VOTE WAS AS FOLLOWS: Yeas - Mayor Stackis, Councilman Brady. Nays - Councilmen Pregler, Tully, in Regular Session, April 4, i977 Wertzberger. MOTION FAiLED. Councilman Brady moved to table the communication and resolutions to Council Meeting of April i8, 1977. seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Tully. Nays - Councilmen Pregler, Wertzberger. Communication of Do~k Commission submitting proposed lease and agrèement with the Dubuque Barge and Fleeting Company, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmell Brady, Pregler, Tully. Nays - None. Abstain - Councilman Wertzherger. Communication of Dock Board sub- mitting their Resolution approving lease with the Dubuque Barge and Fleeting Company, presented and read. Councilman Tully moved that the lease be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Abstain - Councilman Wertzberger. Councilmen Pregler, RESOLUTION NO. 105-77 WHEREAS, thoro Is p",sontod to tho City Council 01 1110 Cily 01 Dubuquo, Iowa, a proposed lorm of Leaso by and through Its Board of Dock Commis- sioners, as Lessor, and Dubuque Barge and Fleeting Service Company, an Iowa corporation, leasing real es- tate described in copy of said Loase hereto attached, marked Exhibit "A"; and WHEREAS, said lease, provides for an annual baso rental of $3,500.00 for a period of livo yoars commonclng April 1, 1977 and renewable at the end of said five year torm for four (4) addi. tional five (5) year terms at the end of each five year term not to exceed end. ing in the year 2002, A.D; and WHEREAS, the Board of Dock Com- misslonors of the City of Dubuque, Iowa has approved said proposed Lease. NOW THEREFORE BE ITRESOLVEO by tho City Council of the City 01 Dubuque,lowa: Section 1. That the proposed Lease by and between the City of Dubuque, Iowa by and through its Board of Dock Commissioners as Lessor and the Dubuque Barge and Fleeting Service Company, as Lessee, a copy of which Regular Session, April 4, i977 Lease, marked Exhibit "A" is hereto at- tached, should be set down for public hearing in the manner provided by law. Soctlon 2. That the City Clerk be and he is hereby directed to publish notice of time and place of hearing on said Lease in a manner provided by law. Passed, approved and adopted this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Councilmen Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas - Mayor Stackis, Councilmell Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 107-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT St. Patrick's Church, Inc., (Also Sunday Sales), 1425 Iowa Street Dubuque Jaycees, (Also Sunday Sales), iO23v, Main Street CLASS "c" BEER PERMIT Richard E. Palmer. 2600 Dodge Street Grandview Drug Inc., 486 N. Grandview Ave. Dubuque Jaycees, (Also Sullday Sales), iO23v, Main Street CLASS "c" BEER PERMIT Richard E. Palmer, 2600 Dodge Street Grandview Drug Inc. 486 North Gralldview Passed, adopted and approved this 4th day of April. 1977. wemil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Fromment City Cierk Councilman Tully moved adoption of the resolution and that the public hear- ing be held on April 18, i977, at 7:30 o'clock P.M. in the Council Chambers in City Hall. Seconded by Councilman Brady. Carried by following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays - None. Abstain - Councilman Wertzberger. Communication of Dock Commission submitting approvai of plans as pre- sented by Interstate Power Co. for ex- pansion of the Whittier Street line crossing municipal property, presented and read. Councilman Pregler moved that the communication be referred to the City Manager for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 109-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approvai alld 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 Sessioll, 64th General Assembly. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSES Dubuque Yacht Basin. lnc.. (Also Sun- day Sales), 1630 East 16th Street Ronald J. Fens, 1121 University Avenue Mary Kathryn Ford, 1027 Rhomberg Avenue Dixie Jungblut. 1399 Jackson Street Passed, adopted alld approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoptioll of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackls, Councilmen Brady. Pregler, Tully. Wertzberger. Nays-None. RESOLUTION NO. 108-77 WHEREAS, applications for Beer Permits were filed hy the within named applicants and they have received the approval of this Council; and WHEREAS. the premises to be oc- cupied by such applicants were inspect- ed alld found to comply with the Ordin- allces of this City and they have filed proper boods; 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 "B" BEER PERMIT St. Patrick's Church [IIC., (Also Sunday Sales), 1425 Iowa Street ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. RESOLUTION NO. 106-77 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. Dubuque Yacht Basin, Inc., 1630 E. 16th Street Passed, adopted and approved this 4th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk i73 i74 Regular Session, April 4, i977 RESOLUTION NO. 110-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have',;,ceived the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE. IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Yacht Basin, Inc., (Also Sun- day Sales), 1630 E. 16th St. Ronald J. Fens, 1121 University Ave. Mary Kathryll Ford, 1027 Rhomberg Me. Dixie Jungblut 1399 Jackson Street Passed, adopted and approved this 4th day of April, i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the resolutioll. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Nolie. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved 1977 Adopted............... .. 1977 ATTEST: Councilmen City Clerk Special Session, Aprili4, i977 i75 CITY COUNCIL OFFICIAL Special Session, April 14,1977 Council met at 4:15 P.M. (C.S.T.) Present - Mayor Stackls, Council. men Brady, Pregler, Tully. City Man- ager Gilbert D. Chavenello. Absent - Councilman Wertzberger. Mayor Stackis read the call and stated that service thereof had been duly made and this meeting Is called for the pur- pose of acting upon such business as may properly come before the meeting. At 4:40 P.M. Councilman Pregler moved to go into an executive session to con. sider fact finders report on Police labor negotiations. Seconded by Councilmall Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays - None. Absent - Councilman Wertzberger. Council reconvened in regular session at 4:53 P.M. Councilman Pregler moved that the fact finders report be rejected and the staff go to arbitration on Police negotiations. Seconded by Councilman Tully. Carried by the following vote: TU~~as - Councilmen Brady. Pregler. I Nays - Mayor Stackis. -"""",co. Absent - Councilman Wertzberger. There being no further business Councilman Pregler moved to adjourn. Secollded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Absent - Councilman Wertzberger. There being no further business Councilman Pregler moved to adjourn. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully. Nays-None. Absent - Councilman Wertzberger. Approved 1977 Adopted i977 ATTEST: Councilmen City Clerk 176 Special Session, Aprili8, i977 Special Session, Aprili8, i977 i77 CITY COUNCIL OFFICIAL Special Session, April 18,1977. Council met at 7:30 P.M. (C.$.T.) Present - Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenollo Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting Is called for the pur- pose of Considering Resolutions 01 Nocessity on Various Street Lighting Projects and acting upon such other business as may properly come before a regular meeting of the Council. Proclamations proclaiming week of April 24 to 30th as "Arts ill Dubuque Week"; Week of May I to 7th as "Re- spect for Law Week" and month of May as "Performillg Arts Month", were read and approved and signed by Mayor Stackis. Communication of Planning and Zoning Commission submitting min- utes of their meeting of April 6, 1977, presented andiread. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communicatioll of Dubuque Cable TV Commission submitting minutes of their meeting of March I, 1977, present- ed and read. Councilman Tully moved that the minutes be received and foled. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Board of Dock Commissioners submitting minutes of their meetings of March 23, 30 and April 6, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Secollded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of March 21. 1977, pre- sellted and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Five Flags Center Building Committee submitting min- utes of their meetings of March 31 and April 7, 1917, presented and read. Coun- cilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzherger. Carried by the fol- lowing "ote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - Nolie. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of March 10, 1917, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Assistant Zoning Admillistrator Firzlaff advising of is- suance of three conditional use permits at 3485 Windsor, 2900 Jackson, 1875 University., presented and read. COUII- cilman Wertzberger moved that the communication be received and filed. Secollded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Insurance Department of Iowa submitting cer- tificate of authority to Merchants Mu- tual Bonding Co. to do business in the State to May, 1978, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the followillg vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays - None. filed. Seconded hy Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmell Brady, Pregler, Tully. Wertzberger. Nays-None. April 13, 1917 Honorahle Mayor and Members of the City Council We have approved the following bonds and policies for filing purposes and desire to have your approval of same. SIDEWALK CONSTRUCTION BONDS Schwers Construction Co., Bolld No.lA 242528 Merchants Mutual Bonding Co. to 4-24-78. $1000. Carl Joseph Blackbum Aetna Casualty and Surety Company to 3-11-78 $1000. Conlon Construction Company, Bond No. 5-716723. Northwestern National Insurance Company of Milwaukee, $1000. to 3-30-78. GENERAL LIABILITY POLICIES F.N. Smith Collstruction Co., Bitumin- ous Casualty No. GA 808758 to 4-i-78. Fondell and Sons ¡lie., U.S. Fidelity and Guaranty No. 3900-280051 to 12-1-77 Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received alld filed and filing he approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-None. Communication of Iowa D.E.Q. sub- mitting an inspection report of the Wastewater Treatment facility con- ducted by D.E.Q. regional staff, pre- sented and read. Councilman Wertz- berger mooed that the communication be referred to the Wastewater Treat- ment Supt. Seconded by Councilman Tully. Carried by the following "ote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays - None. Communication of Iowa D.E.Q. ad- vising of a change in the material stan- dard required for public water supply I projects using polyvinyl chloride (PVC) pressure pipe, presented and read. Councilman Wertzberger moved that the communication be referred to the Engineerillg Departmellt, Water Department, Building Department and Plumhing Departmellt. Seconded by Coullcilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-None. April 12, 1917 Hollorable Mayor and City Council I am returning to you the petition of Mr. alld Mrs. Daniel Berger about the freezing of the sewer line connecting to their residence at 1279 Thomas Place. The petition was referred to the staff for report. I submit the attached letter report from Mr. Murray and recommend that no action be taken 011 the petition. I have sent a letter to the petitioners stating the staff positiOli and that it is being reported to the Council. Gilbert D. Chavenelle City Manager Councilman Wertzherger moved that the communication he received and April 7, 1977 Honorable Mayor and City Council The question regarding illegal Part 135 operations at the Dubuque Mun- icipal Airport has been referred to the City Attorney for consideration. It is my understanding from my knowledge of the operations at the Air- port that anyone ill violation of the Part i35 operations at the Dubuque Mun. icipal Airport is in such violation with- out the consent of knowledge of any of the Airport personnel, the Airport Man- ager or the Airport Commission. Con- sequelltly, it is very difficult to secure proof of such illegal activity. - The foregoing being the fact, i see no legal liability on the part of the City and or its Airport Commission arising out of or in any way connected with such illegal activity. As the best stop-gap measure, it Is suggested that the Airport Commission adopt a standard provision in their leases providing that the lessee agrees that under no circumstances will he it engage in illegal Part 135 operations; and in the event that such is done. the same shall be summary grounds for cancellation of the lease and for any and all damages inuring to the City as a result of the termination of the lease. Any other attempted remedy would tacitly acknowledge and recognize that such acti"ity is going on, when in truth and in fact no proof has heen furnished or established concerning the same. It is IIOt sufficient for some person to report any alleged violation of Part 135 operations to the City Council, but it must be more than that, that is to rise to the level of proof of such a quantum as would be a basis for the appropriate action as would be availahle to cause such practices to be discontillued. R.N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and referred to the Airport Commission. Seconded by Coullcilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. April 12, 1917 Honorable Mayor and City Council OnJanuary31. 1977, Lucille G. Hellkel filed claim against the City of Dubuque. Iowa for personal injuries allegedly suf- fered on January 26. 1917, as a result of heing struck by a park bench blown against her while waiting for a bus 011 i78 Special Session, Aprili8,i977 Special Session, Aprili8, i977 West 9th Street adjacent to the bank parking lot. This matter was referred to the City Attorney's Office who has made an in- vestigation of said matter and conferree with the claimant and has learned she suffered abrasions, bruises and three broken ribs because of said incident and has incurred doctor and medical ex' penses and has made an offer of sett- lement in the amount of $65.00. In view of the foregoing. it is the recommendation of the City Attorney's Office that said offer of settlement be accepted and that the City Finance Of- fice be instructed to issue a warrant payable to Lucille G. Henkel in the amount of $65.00 and transmit same to the City Attorney's Office for delivery upon receipt of appropriate releases. Original claim is returned herewith. R.. Russo City Attorney Councilman Pregler 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 Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. April 14, 1977 Honorable Mayor and City Council You will recall that in approximately July of 1976 Thermo King Sales and Service of Dubuque, Inc. made an offer to purchase certain property ill the in- dustrial island from the City of Dubuque, Iowa, and that the Mayor's Industrial Committee recommended the said sale. The Council ordered the sale of the property upon the recommendation of the Mayor's industrial Committee and referred the matter to the City Attorney for the preparation of proper proceed- ings, and that thereafter the proceed- ings were completed. On the 7th day of January, 1977, the City Attorney ad- pised the City Council that the prospec- tive purchaser had requested an exten- sion of time to complete the transaction in view of the fact that there was a refinancing adjustment being underta- ken by the company. The extension of time was requested to the end of March, i977, and of this date the City Attorney's Office has heard nothing further from said prospect. It is the recommendation of the City Attorney's Office that this parcel of real i79 estate be put on the market for sale to any available buyer. R.N. Russo City Attorney Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Park Board Member, Thomas Schrup, Richard Kiefer of 2150 Shiras Ave" Guy Westermeier of Schiller St., Louis Os- wald ofU ofD" and Police Chief O'Brien addressed the Council relative to the communication. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that the communicatioh be referred to the Council. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 111-77 WHEREAS, the Park Board of the City of Dubuque, Iowa has caused the City Attorney to make certain amend- ments to its Park Board Ordinance: and WHEREAS, the proposed amend- ments, as suggested by the Park Board, have been submitted and examined by the Park Board and are found to be in accordance with the desires and intent of the Park Board. NOW THEREFORE BE IT RE- SOLVED by the Park Board of the City of Dubuque, Iowa: Soction 1. That the City Council of the City of Dubuque, Iowa adopt the proposed amendments to the Park Board Ordinance a copy of which amendments are hereto attached, at the earliest possible time. Section 2. That the Park Board of the City of Dubuque, iowa deems it in the best public interest that such amend- ments be adopted. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ORDINANCE NO. 21-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 27.37 OF THE CODE OF ORDIN- ANCES CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-37 IN LIEU THER- EOF TO PROHIBIT THE USE OF INTOXICATING LIQUOR IN CITY PARKS, PROVIDING FOR THE REPEAL OF SECTION 27-55 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27.55 IN LIEU THEREOF GOVERNING USE OF BICYCLES, MOTORCYCLES, ETC. IN CITY PARKS; PROVIDING FOR THE REPEAL OF SECTION 27-62 OF THE CODE OF ORDINANCES, CI- TY OF DUBUQUE, IOWA AND EN- ACTING A NEW SECTION 27.62 IN LIEU THEREOF TO PROVIDE FOR OPEN SEASON AND HOURS IN CITY PARKS, said Ordinance having heen previously presented at the Council Meeting of April 4, 1977, presented and read. Councilman Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Duhuque Park Board submitting closing time policy for Eagle Point, Flora, Murphy, F.D.R. and Marshall Parks and requesting adoption of the Ordinance, presented and read. Councilman Pregler moved to su- spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: ORDINANCE NO. 21-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE REPEAL OF SECTION 27.37 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-37 IN LIEU THEREOF TO PROHIBIT THE USE OF INTOXICATING LIQUOR IN CITY PARKS; PROVIDING FOR THE REPEAL OF SECTION 27-55 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,IOWA AND ENACTING A NEW SECTION 27.55 IN LIEU THEREOF GOVERNING USE OF BICYCLES, MOTORCYCLES, ETC. IN CITY PARKS: PROVIDING FOR THE REPEAL OF SECTION 27.62 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA AND ENACTING A NEW SECTION 27-62 IN LIEU THER- EOF TO PROVIDE FOR OPEN SEA- SON AND HOURS IN CITY PARKS NOW THEREFORE BE IT OR- DAiNED by the City Council of the City of Dubuque, iowa: Section 1. That Sec. 27-37 01 tho Codo of Ordinances of the City of Dubuquo, Iowa bo and the same Is hereby repealod and a new Sec. 27-37 be enacted In lieu thereof as follows: "Sec. 27-37. Intoxicating Beverages. (a) The consumption or use of intox- icating liquor, wine or beer in any public park in a promiscuous mallner by any person is hereby prohibited. (b) The consumption or use of intox- icating liquor, wine or beer by any per- son on roadways, parkillg lots, in cars, within any city park is hereby prohibit- ed. No beer in contaillers commonly referred to as Keg Beer shall be brought illto any park or parkway by any person. (c) The consumption or use of intox- icating liquor, wine or beer Is prohibited in the following named parks to-wit: Cleveland Park, Madison Park, Jackson Park, Washington Park, Caledonia Park, Jefferson Park, Flat Iron Park, Grant Park Oakwood Park, Play Lot 17th and Elm, All/son Hellderson Park, Maus Collservation Park, University Park". Section 2. That 27-55 of the Code of Ordinances of the City of Dubuque, Iowa be and the same Is hereby repealed and a new Sec. 27-55 be en- acted in lieu thereof as follows: "Sec 27-55. Use of Bicycles, Motor- cycles, etc. (a) Bicycles, motorcycles, motor scooters go-carts, cars trucks and other motor driven devices shall only be used or operated on parkways or such other - i80 Special Session, Aprili8; i977 Special Session, Aprili8, i977 i8i places as are set aside for that purpose except vehicles engoged in park main- tenallce and security. (b) It shall be unlawful for the opera- tor of any car, truck, motorcycle or any other type vehicle to stop, stand or park upon any roadway or in any parking rr;~S07t:::'f;c manner as to obstruct the I (c) It shall be unlawful for any person or persons to play games, catch, throw- ing of frisbees or other objects, gather- ing in groups on any roadway or park- ing areas as to obstruct the flow of traffic. (d) It shall be unlawful to park allY car, truck, motor cycle or other type of vehicle along any roadway or area in any park that is posted prohibitillg such parking." Sec. 27-62. Open Soa.on and Hours. (a) The open season or hours for the respective parks alld park. facilities shall be established by the park board. (b) Eagie Point and Flora Park shall be closed to the public during the hours from 1J;(){) o'clock P.M. to 7;(){) o'clock A.M. during the regular park season. Louis Murphy Park shall be closed to the public during the hours from 10;30 o'clock P.M. to 7;(){) o'clock durillg the regular park seaSOIl, and Franklin D. I Roosevelt Park and Marshall Park shall be closed to the public from sunset to 7;00 o'clock A.M. durillg the regular park season. (c) During the period of time other than the regular open park season, no person shall enter or remain in allY park or parkway above named. On those occasions when weather permits, the above named parks will be open for moving vehicular traffic on weekdays between the hours of 8;(){) o'clock a.m. and 3:(){) o'clock p.m. and on weekellds from 12;(){) 00011 to 5;(){) o'clock p.m. (d) The Park Board, Superintendent of Parks or their authorized represen- tatives, have the authority to close any or all parks or roadways under their jurisdictloll before normal closing hours at times it is deemed necessary in the best interest and safety of the public, if such authority is exercised the reason for such closing shall be so reported in the millutes of next meetillg of the Park Board". Passed, approved and adopted this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST; Leo F. Frommelt City Clerk published officially in the Telegraph Herald Newspaper this 21st day of April 1977. THE AIDING OR ABETTING OF UNFAIR OR DISCRIMINATORY PRACTICE; BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION 21-67 GOVERNING UNFAIR CREDIT PRACTICES; BY REPEALING SECTION 21-77 OF SAID CODE AND ENACTING A NEW SECTION 21-77 IN LIEU THEREOF PROVID- ING FOR COMPLAINTHEARING; BY REPEALING SECTION 21-79 OF SAID CODE AND ENACTING A NEW SECTION 21.79 IN LIEU THEREOF FIXING TIME LIMITA- TION FOR FILING COMPLAINT AND BY REPEALING SECTION 21.84 OF SAID CODE AND EN- ACTING A NEW SECTION 21-84 IN LIEU THEREOF PROVIDING FOR PROVISIONAL REMEDIES, presented and read. Councilman Pr gler moved that the reading just had be considered the first reading of the Or- dinance. Seconded hy Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by CouncIlman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 22.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CÓDE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 21-1 OF SAID CODE AND ENACTING A NEW SECTION 21-1 IN LIEU THEREOF TO PROVIDE FOR DEFINITIONS; BY REPEALING SUBSECTION (a) OF SECTION 21-23 OF SAID CODE AND EN. ACTING A NEW SUBSECTION (a) OF SECTION 21-23 IN LIEU THEREOF TO PROVIDE FOR MEETINGS; BY REPEALING SUB- SECTION 5 OF SECTION 21-27 OF SAID CODE AND ENACTING A NEW SUBSECTION 5 OF SEC- TION 21.27 IN LIEU THEREOF TO PROVIDE FOR AMPLIFICATION OF POWERS OF HUMAN RIGHTS COMMISSION; BY REPEALING SUBSECTION 7 OF SECTION 21-27 OF SAID CODE AND EN- Leo F. Frommelt City Clerk lt4;21 Couacihnan Wertzberger moved final adoption of the Ordinance As Amended. Seconded by CouncIlman Tully. Carried by the following vote: Yeas - Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 22-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 21-1 OF SAID CODE AND ENACTING A NEW SECTION 21-1 IN LIEU THEREOF. TO PROVIDE FOR DEFINITIONS:; BY REPEALING SUBSECTION (0) OF SECTION 21.23 OF SAID CODE AND EN- ACTING ANEW SUBSECTION (0) OF SECTION 21-23 IN LIEU THEREOF TO PROVIDE FOR MEETINGS; BY REPEALING SUB- SECTION 5 OF SECTION 21-27 OF SAID CODE AND ENACTING A NEW SUBSECTION 5 OF SEC- TION 21-27 IN LIEU THEREOF TO PROVIDE FOR AMPLIFICATION OF POWERS OF HUMAN RIGHTS COMMISSION; BY REPEALING SUBSECTION 7 OF SECTION 21-27 OF SAID CODE AND EN. ACTING A NEW SUBSECTION 7 OF SECTION 21.27 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER- SONS; BY REPEALING SUBSEC. TlONS 2 AND 3 OF SECTION 21-64 OF SAID CODE AND EN- ACTING NEW SUBSECTION 2 AND 3 OF SECTION 21-64 IN LIEU THEREOF TO AMPLIFY THE CA. TEGORY OF PROTECTED PER- SONS; BY AMENDING SECTION 21.65 OF SAID CODE BY ADDING A SECTION TO BE NUMBERED 4 TO SECTION 21-65 TO PROVIDE FOR ADDITIONAL EXECEPTIONS TO THE UNFAIR OR DISCRIMIN- ATORY PRACTICES RELATING TO HOUSING; BY AMENDING SAID CODE OF ORDINANCES OF CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION TO BE NUMBERED 21-66 PROHIBITING ACTING A NEW SUBSECTION 7 OF SECTION 21-27 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER- SONS; BY REPEALING SUBSEC- TIONS 2 and AND 3 OF SECTION 21-64 OF SAID CODE AND EN- ACTING NEW SUBSECTIONS 2 AND 3 OF SECTION 21.64 IN LIEU THEREOF TO AMPLIFY THE CA- TEGORY OF PROTECTED PER. SONS; BY AMENDING SECTION 21-65 OF SAID CODE BY ADDING A SECTION TO BE NUMBERED 4 TO SECTION 21.65 TO PROVIDE FOR ADDITIONAL EXECPTIONS TO THE UNFAIR OR DISCRIMIN. ATORY PRACTICES RELATING TO HOUSING; BY AMENDING SAID CODE OF ORDINANCES OF CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION TO BE NUMBERED 21-66 PROBHIBIT- ING THE AIDING OR ABETTING OF UNFAIR OR DISCRIMINA- TORY PRACTICE: BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION 21-67 GOVERNING UNFAIR CREDIT PRACTICES: BY REPEALING SECTION 21-77 OF SAID CODE AND ENACTING A NEW SECTION 21-77 IN LIEU THEREOF PROVIDING FOR com- plaint hoaring; BY REPEALING SECTION 21-79 OF SAID CODE AND ENACTING A NEW SECTION 21-79 IN LIEU THEREFOF FIXING TIME LIMITATION FOR FILING COMPLAINT AND BY REPEALING SECTION 21-84 OF SAID CODE AND ENACTING A NEW SECTION 21-84 IN LIEU THEREOF PROVID- ING FOR PROVISIONAL REMEDIES. Now Therefore be it Ordailled by the City Council of the City of Dubuque, Iowa; Section 1. That the Code of Ordin- allces of the City of Dubuque, Iowa be amended by repealing Section 21-1 of said Code and enacting a lIew Section 21-1 in lieu thereof as follows; "Sec. 21-1. Definitions. When used in this chapter. unless the context otherwise requires; Commission means the Dubuque Humall Rights Commission created by article 11 of this chapter. Commissioner means 0 member of the commissioll created by article 11 of this chapter. Court means the district court ill and for the judicial district of the State of i82 Section 2. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Subsection (a) of Sectioll 21 -23 of soid Code ond enacting a new Subsection (a) of Section 21-23 ill lieu thereof as follows: Sec. 21-23. Moetings. (s) The commission shall hold meet- ings on a bi-mollthly basis, during each calendar month, at a time and place to be determined by its rules. Soctlon 3. That the Code of Ordin- ances of the City of Dubuque, Iowa be amellded by repealillg Subsection 5 of Section 21-27. of said Code and enacting a new Subsectioll 5 of Sectioll 21-27 in lieu thereof as follows: "Sec. 21-27. Powors and dutlos. (5) To issue such publication and reports ofillvestigations and research as in the ;udgmellt of the commission shall tend to promote good will among the various protected groups under this or- dinance which shall tend to minmize or eliminate discrimination in public ac- commodations, employment, appren- ticeship and on-the-job training pro- grams, vocational schools, housing or credIt because of age, race, creed, color, sex, national origill, religion, ancestry, disabIlIty or marital status." Soctlon 4. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Subsection 7 of Section 21-27 of said Code and ellacting a new Subsection 7 of Section 21-27 in lieu thereof as follows: Sec. 21-27. Powers and duties. (7) To make recommendatIons to the CIty Council for such further legislation collcerning dIscrimInation because of race, creed, color, sex, lIational origin, religion, age, disability, marital status or ancestry as it may deem necessary alld desirable. " Section 5. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Subsection 2 and Subsection 3 of Sectioll 21-64 of said Code and enacting a new Subsection 2 and Subsectioll3 of Section 21-64 in lieu thereof as follows: Sec. 21-64. Prohibited practices. (2) To discriminate against any per- son because of his race, ,olor, creed, sex, religion, national origin, or disability ill the terms, conditions or privileges of the sale, rental, lease assignment or sub- lease of any real property or housillg accommodation or any part, port",n or illterest therein. (3) To directly or indirectly advertise, or in any other manner indicate or pub- licize that the purchase, rental, lease, assignment or sublease of any real property or housillg accommodation or i83 Special Session, Aprili8, i977 Iowa in which the alleged unfair or discriminatory practice occurred or any judge of such court if the court is not in session at that time. DisabilIty means the physical or mental condition of a person which constitutes a substantial handicap. In reference to employment, under this chapter, disabilIty, also means the phy- sical or mental conditioll of a person whcih constitutes a substantial han- dicap, but is unrelated to such person's ability to engage in a particular occupation. Employee means any person em- ployed by an employer. Employer means the state or any political subdivision, board, ,ommis- sion, department, institution or school dIstrict thereo~ and every other person employillg employees within the state. Employment agency mealls any per- son undertaking to procure employees or opportullities to work for any other person or any person holdIng hlmsélf or itself to be equipped to do so. Labor organization means any or- ganization which exists for the purpose In whole or in part of collective bar- gaining, of dealing with employers con- cerning grievances, terms or conditiolls of employment, or of other mutual aid or protection ill conllection with employment. Person means one or more in- dividuals, partllerships, associations, corporations, legal representatives, trustees, receivers and the state and all political subdivisions and agencies thereof Public accommodation means each and every place, establishment, or facility of whatever kind, nature, or ciass that caters or offers services, facilities, or goods to the general public for a fee or charge, provided that any place, establishment, or facilIty that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommoda- tion if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona tide private club or other place, establIshment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for a fee or charge or gratuitously, it shall be deemed a public accommodation during such period. Unfair practice or discriminatory practice means those practices specified I as unfair or discrimillatory in article III of this Chapter. Special Session, Aprili8, i977 any part, portion or interest therein, by persons of any particular race, color, creed, sex, religion, national origill, or disability is unwelcome, objectiollable, not acceptable or not solicited." Section 6. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by adding a Subsection to be numbered 4 to Section 21-65 of said Code as follows: "Sec. 21.65. Exemptions from division. (4) a. Restrictions based on sex 011 the relltal or leasing of housing accommo- datiolls by non-prafit corporation. b. The rental or leasing of a housing accommodation withill which residents of both sexes must share a common bathroom facility 011 the same floor of the building." Section 7. That the Code of Ordin- allces of the City of Dubuque, Iowa be amellded by adding a Sectioll to be numbered Sectioll21-66 of said Code as follows: Sec. 21-66 Aiding or abeüing. It shall be unfair or discrimillatory practicefor:(1 )Anypersontointentiollal- ly aid, abet, compelorcoerceanother per- SOli to engage in allY of thepractices declared unfair or discriminatory by this ordinance. (2) Any person to discriminate against another person in any of the rights protected agaillst discrimination on the basis of race, creed, color, sex, national origin, religion, age, disability or marital status by this ordinance because such person has lawfully op- posed any practice forbidden under this ordinance, obeys the provisions of this ordinance, or has filed a complaillt, testified or assisted in any proceeding under this ordinallce." Section 8. That the Code of Ordill- allces of the City of Dubuque, Iowa be amended by adding a Section to be numbered Sectioll 21-67 thereto as follows: "Sec. 21-67 Unfair Credit Practices. (1) A creditor shall not refuse to enter into a colISumer credit trallsaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to collsumers of similar economic back- grounds and current situation because of age, color, creed, lIatiolialorigin, race, religion, marital status, sex, or physicai disability. (2) A person authorized or licensed to do business in this state pursuant to chapter five hulldred twenty-four (524), five hundred thirty-three (533), five hundred thirty-four (534), five hundred thirty six (536), or five hundred thirty- six A (536A), of the State Code of Iowa shall not refuse to loall or extend credit or impose terms or collditions more onerous than those regularly extellded to persons of similar economic back- grounds because of age, color, creed, lIational origin, race, religioll, marital status, sex, or physical disability. (3) Refusal by a creditor to offer credit, life or health and accident insur- ance based upon the age or physical disability of the collsumer shall not violate the provisions of this sectiOIl provided such denial is based solely upon bOlla fide underwriting considera- tions not prohibited by the State Code of Iowa or United States Code. The provi- sions of this section shall not be COII- strued by negative implication or other- wise to narrow or restrict any other provisiolls of this chapter." Section 9. That the Code of Ordill- ances of the City of Dubuque. Iowa be amended by repealing Section 21-77 of said Code and enacting a new Sectioll 21-77 in lieu thereof as follows: "Sec. 21-77. Complaint; persons who may make chargo; execution; filing. Any person claiming to be aggrieved by a discriminatory or ullfair practice within this city may. by himself, make, sign and file with the commission a verified, written complaint in triplicate which shall state the name and address of the person, employer, employment agency or labor organization alleged to have committed the discrimillatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other informa- tion as may be required by the commis- sion. The commission, a commissioner or the city attorney may in like manner make. sign and file such complaint." Section 10. That the Code of Ordill- allces of the City of Dubuque, Iowa be amellded by repealing Section 21-79 of said Code and enacting a new Section 21-79 in lieu thereof as follows: "Sec. 21-79. Tlmo limitation for filing Complaint. A verified complaint filed under this chapter shall be so filed within one hundred and twenty (120) days after the alleged discrimillatory or unfair prac- tice occurred." Soctlon 11. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by repealing Section 21 -84 of said Code and enactillg a new Section 21-84 in lieu thereof as follows: "Sec. 21-84. Provisional Remedies. If any time after the filing of a com- i84 Special Session, Aprili8, i977 plaint, it shall appear to the commission that there is reason to believe that the party charged has violated this ordin- ance and there is reasoll to believe that the person charged is about to commit acts which would make impossible his compliance with an order of the com- mission to alleviate the grievance, or it appears that a complainant may suffer Irrepamble injury as a result of alleged violation, the commissioll may direct its attorney to seek a tempomry injullction restraining the party charged from do- ing these acts pending completion of the proceedillgs under this ordinance. A temporary Injunction may only be is- suedex parte, if the complaint filed with the commission alleges discrimination in housing. In all other cases a tempor- ary injunctioll may be issued only after the respondent has beell notified and afforded the opportunity to be heard." Passed, approved and adopted this 18th day of April, 1977. EmilStockis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bmdy Walter A. Pregler Councilmen Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded hy Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 23.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-269 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, AND DECLAR- ING SAME TO BE NULL AND VOID AND OF NO EFFECT NOW THEREFORE BE IT ORDAINED by tho City Council 01 the City 01 Dubuque, Iowa: Section 1. That Sectioll 25-269 of the Code of Ordinances of the City of Dubuque, Iowa is hereby repealed and declared null alld void alld of no effect. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bmdy Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 2211d day of April, 1977. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegmph Hemld Newspaper this 21st day of April, 1977. Leo F. Frommelt City Clerk 114:22 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk 114:21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the foliowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertz- berger. Nays - None. ORDINANCE NO. 24-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-270 OF THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT., presented and read. Councilman Brady moved that the reading just had he considered the first reading of the Or- dinance. Seconded by Councilman - Wertzberger. Carried by the following vote: ORDINANCE NO. 23-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-269 OF THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VIOD AND OF NO EFFECT, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: . Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Special Session, Aprili8, i977 i85 Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the foliowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 24-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-270 OF THE CODE OF ORDINANCE, CITY OF DUBUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT NOW THEREFORE BE IT ORDAINED by the City Council 01 the City 01 Dubuque, Iowa: Section 1. That Section 25-270 of the Code of Ordinances of the City of Dubuque, Iowa is hereby repealed and declared null alld void and of no effect. Passed, approved and adopted this 18th day of April, 1977. EmiiStackis Mayor Thomos A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegmph Herald Newspaper this 21st day of April, 1977. Leo F. Frommelt City Clerk 114/21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 25-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-272 OF THE CODE OF ORDIN- ANCES, CITY OF DUBUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded hy Councilman Wertzberger. Carried by the foliowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-None. ORDINANCE NO. 25-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE REPEAL OF SECTION 25-272 OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, AND DECLAR. ING SAME TO BE NULL AND VOID AND OF NO EFFECT. NOW THEREFORE BE IT ORDAINED by the City Council 01 the City 01 Dubuquo, Iowa: Section 1. That Sectioll 25-272 of the Code of Ordinances of the City of Dubuque, Iowa is hereby repealed and declared null and void and of no effect. Passed, approved and adopted this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bmdy Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegmph Hemld Newspaper this 21st day of April, 1977. Leo F. Frommelt City Clerk 114/21 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the foIlowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Steven Wainwright requesting permission to conduct a Hunger Walk sponsored by Church World Service on April 24, i977, pre- sented and read. Councilman Tully moved that the request be approved subject to final approval of the City Manager. Seconded by Councilman 186 Special Session, Aprili8, i977 Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Delos A. Dorweiler (2nd request) requesting enforcement of the noise ordinance and protection from visual pollution, presented and read. Police Chief O'Brien addressed the Council relative to the petition stating Police Department has made periodic noise level investigations; No violations found on J. F. K. Road. Councilman Wertzberger moved that the petition of Delos A. Dorweiler be received and filed and referred to Council. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Charles D. Spahn request- ing annexation of Lot 2 of Lot i of Lot I Beverly Pines, Section 2 Table Mound Township, presented and read. Council- man Pregler moved that the application be referred to the City Manager and Engineering Department. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Frank Hardie Advertising requesting refund of$IO. fora permit fee paid in advance, said permit was can- celled, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of John J. Heiderscheit requesting a refund of $56.25 on the unexpired portion of Class "C" Beer Permit No. C-i252-77, discontinued bu- siness on March 26,1977, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of John H. Heiderscheit requesting a refund of $25. on the unex- pired portion of Cigarette License No. 935, discontinued business on March 26, 1977, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carriea by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Tully moved that the City Attorney be instructed to draw up an Ordinance to consider disallowing refunds on partially used permits. Seconded by Councilman Pregler. Car- ried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays - None. Proof of Publication certified to by the Puhlisher, of Notice of Hearing on a proposed lease between the Dock Com- mission and Dubuque Barge and Fleet- ing Service Company, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Conti-Carriers and Terminals Inc. requesting not to approve the proposed lease and agreement with the Dubuque Barge and Fleeting Service Co., presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Dock Commissioll members Molden- hauer, Conzett and Woodward were present and addressed the council as being in full support of the proposed lease with Newt; in their judgement the lease solved a lot of problems: Best lease from income standpoint. Attorney Bertsch representing Con- ti-Carriers stated that they were under the impression they were to be given first opportunity in the leasing of west side of Dove Harbor; They had no op- portunity to discuss Dove Harbor property prior to proposed tenant. Some discussion was held as to keeping a portion of Dove Harbor free for general City use, such a energy supply. Mr. Burbach stated that there is no area on Dove Harbor that could function as an energy supply. The question Was raised if Dock Commission could purchase property for $25,000.. why did City pay $35,OOO.? Attorney Clemens representing Newt stated that Conti-Carriers did have time to .negotiate. Newt in no way is planning to vacate that spot; Can see no Special Session, Aprili8, 1977 economic loss to the City Expressed a willingness to work out a solution with Collti-Carriers. RESOLUTION NO. 112-77 WHEREAS, the Board of Dock Com- missioners of the City o!Dubuque, Iowa have been negotiating with Dubuque Barge and Fleeting Service Company for negotiation of a lease; and WHEREAS, the parties have agreed to the terms and conditions of said written lease; and WHEREAS, a true copy of said writ- ten lease marked Exhibit "A", Is hereto attached and by reference made a part hereof; and WHEREAS, the terms and conditions of said proposed lease should he ap- proved by the City Council of the City of Dubuque, Iowa; and WHEREAS, notice of intent to enter into said lease for a period in excess of three (3) years has been published in the Telegraph-Herald, a newspaper of gen- eral circulation published In the City of Dubuque, Iowa fixing the 18th day of April, 1977 at 7:30 P.M. in the City Council Cham hers in the City Hall, Dubuque, Iowa as the time and place of hearing on said published notice of in- tent to enter into lease: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dnbuque, Iowa: Section 1. That the poroposed writ- ten lease agreement by and between the Board of Dock Commissioners of the City of Dubuque, Iowa and Dubuque Barge and Fleeting Service Company, copy which marked Exhibit "A" is her- eto attached and by reference made a part hereof, be and the same is herehy approved; and that there have been no oral or written objections to the enter- ing into said lease by the Board of Dock Commissioners. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolu- tion to the Board of Dock Commis- sioners of the City of Dubuque, Iowa. Passed, approved and adopted this i8th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Tully, Wertzberger. Nays - Councilman Pregler. Application of Louis J. and Rita M. Jaegerrequesting annexation of Lot I of Lot 2 and Lot 2 of Lot 2 of Schrup Subdivision in Section I Table Mound Township, containing approx. 0.90 acres, presented and read. Mayor Stackis moved that the application be approved. Secollded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 113-77 WHEREAS, the owners of an area approximately 0.90 acres in size lying immediately adjacent to the city limits of the City of Dubuque, Iowa voluntari- ly petition the City Council for annexa- tion of their property to the City of Dubuque, iowa; and WHEREAS, the inhabitants of said territory will he enabled to secure the benefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorized the extension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, make it imperative that said ter- ritory be made a part of the City of Dubuque, iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council o!the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Lot I of Lot 2 of Schrup Subdivision and Lot 2 of Lot 2 of Schrup Subdivision; both in Section I, in Tahle Mound Township, Dubuque County, Iowa. Section 2. The territory herehy an- lIexed shall become and be part of the Twenty-fourth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this i87 i88 Special Session, Aprili8, i977 i8th day of April, i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the foIlowing vote: vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, TuIly, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construc- tion of Central Avenue Street Lighting from 9th to i2th Street, 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. Concilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the foIlowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, TuIly, Wertzberger. Nays - None. (Nocesslty lor Improvement) RESOLUTION NO. 100-77 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, iowa, and are now on file in the office of the City Clerk showing among other things the following: (I) The Plan of such improvement (2) An estimate of the cost of the improvement for the construction of Central Avenue Street Lighting from 9th Street to 12th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, objections to the amount of the cost of the improvement, they shaIl be deemed to have waived all objections thereto. Said improvement shaIl be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Revenue Sharing Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of April, 1977. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finaIly passed and adopted, as proposed, by the City Council this 18th day of April, i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Resolution. Seconded by Councilman TuIly. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Decision of Council upon obJoctions to plans, specitlcatlons, form of contract and cost oflmprovoments RESOLUTION NO. 114-77 WHEREAS, proposed plans and specifications and form of contract for the construction of: Central Avenue Street Lighting from 9th Street to i2th Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Sec- tion 384 Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 18th day of April, i977; and WHEREAS, the City Council met in special session this i8th day of April, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City HaIl for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or " cost of improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objections which have heen made and Special Session, Aprili8, i977 i89 filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same herehy overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decisioll of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made matter of per- manent record in connection with said improvement. Passed, adopted and approved this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman TuIly. Carried by the foIlowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, TuIly, Wertzberger. Nays-None. (Ordering Construction) RESOLUTION NO. 115-77 BE iT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a Resolution of Necessity No. 100-77 which was duly passed by this Council for the construction of Central Avenue Street Lighting from 9th Street to 12th Street. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE iT FURTHER RESOLVED that the cost and expense of said im- provement be paid from the Revenue Sharing Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shaIl be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. TuIly Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman TuIly. Carried by the foIlowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, TuIly, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of the interconnection of 14th Street and the intersection of i6th and Elm Street to the C.B.D. System, pre- sented 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 Pregler moved that the proof of pub- lication be received and filed. Seconded by Councilman TuIly. Carried by the foIlowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, TuIly, Wertzberger. Nays-None. (Necosslty for Improvement) RESOLUTION NO. 103-77 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the foIlowlng: 1. As estimate of the cost of the proposed improvement for the inter- connection of i4th Street and the inter- section of 16th and Elm Streets to the C.B.D. System. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the hereinmen- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the proposed im- provement, they shall be deemed to have waived all objections thereto. Said improvement shaIl be construct- ed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by i90 Special Session, Aprili8, i977 the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Road Use Tax Funds. The above resoltuion was introduced. approved, and ordered placed on file with the City Cierk this 4th day of April, i977 Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 18th day of April, i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Doclslon of Council upon objections to plans, specifications, form of contract and cost of Improvements RESOLUTION NO. 116-77 WHEREAS, proposed plans and specifications and form of contract for the interconnection of 14th Street and the Intersection of i6th and Elm Streets to the C.B.D. System have been approved by the City Council o!the City of Duhuque and public notice given as provided by Section 384 the Code of Iowa, i975 pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this i8th day of April, i977; and WHEREAS, the City Council met in special session this 18th day of April, i977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE iT RESOLVED the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of con- tract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed, Adopted and Approved this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregier Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. (Ordering Construction) RESOLUTION NO. 117-77 BE iT RESOLVED by the City Coun- cil of the City o!Dubuque that pursuant to a Resolution of Necessity No. 103-77 which was duly passed by this Council for the interconnection of 14th Street and the intersection of 16th and Elm Streets to the C.B.D. System. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the, office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed. adopted and approved this 18th day of April, 1977. - Special Session, Aprili8,i977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Community Development Director Dittemore sub- mitting a report of various departments along with property owners and busin- essmen for the development of the proposed Lower Main Street Lighting Project, presented and read. Council- man Pregler moved that the commun- ication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis. Communication of Paul Rossiter as a member of the 4th Street Neighbor- hood Ass'n. being in favor Urban Renewal Style lighting for Lower Main Street, presented and read. Council- man Pregler moved that the commun- icatioll be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis. Communication of Julien Walk, by Robert T. McCoy, being in favor of Urban Renewal Style lighting for Lower Main Street, presented and read. Coun- cilman Pregler moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Councilmen Brady. Pregler, Tully, Wertzberger. Nays - Mayor Stackis. March 15,i977 To the Honorable Mayor and City Council i hereby submit the plans and specifications for the Main Street Lighting from First Street to Fourth Street. The project is to be paid for out of Community Development Funds. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis. RESOLUTION NO. 118-77 Preliminary Estimate and approval of plans, specs., and all other documents for Construction of Main Street Light- ing from First Street to Fourth Street, in estimated amount of $48,896.17, pre- sented and read. Councilman Pregler moved adoption of the resolution. Seconded hy Councilman Tully. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis. (Necessity for Improvemont) RESOLUTION NO. 119-77 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, iowa, and are now on file in the office of the City Clerk showing among other things the following: (I) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Main Street Lighting from First Street to Fourth Street. BE iT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Community Development Block Grant Fund. The ahove resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of April, 1977. ----- _._-~~ i91 i92 Special Session, Aprili8, i977 Special Session, Aprili8, i977 i93 Approved and placed on file for final action. Approved: Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis (Fixing Dato 01 Hearing) RESOLUTION NO. 120-77 WHEREAS, the City Council of the City of Dubuque, iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the construction of the Main Street Lighting from First Street to Fourth Street. BE IT THEREFORE RESOLVED that on the 2nd day of May i977, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some new- spaper published in the City o!Dubuque which shall not be not less than four (4) nor more than twenty (20) days prior to the day fixed for its consideration, and saId Clerk is further instructed to ad- vertise for porposals for the construc- tion of the aforementioned improvement. Passed, adopted and approved this i8th day of April, i977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt DtyClerk Legal Doscrlptlon Lot 6 of Mary Ann McDaniels Subdivi- sion of part of Lots 824 and 823 A.M. McDaniels Suhdivision in the City of Dubuque, Iowa. Lot 10 of Mary Ann McDaniels Subdivi- sion of part of Lots 824 and 823 A.M. McDaniels Subdivision in the City of Dubuque, Iowa. Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - MayorStackis. gram which Includes among other things the acquisition of certain real property for the development of Avon Park; and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, an independent appraisal and staff review of said appraisal of the real property hereinafter described has been prepared on behalf of the City of Dubuque; and WHEREAS, the appraisal has been reviewed by the Department of Housing and Urban Development and the State April 14, i977 Honorablé Mayor and Councilmen SUBJECT: Avon Park The City Council had authorized an application for supplementary federal assistance for the Avon Park project from the Land and Water Conservation fund. We have recently been informed by the Iowa Conservation Commission that this application has not been ap- proved. However, the Commission has also informed us that we may modify our proposal and resubmit it for funding in the next quarterly review cycle. This review will occur in June of this year. It is our intention to resubmit the applica- tion for a reduced supplementary grant, in hopes of receiving additional assis- tance on construction items. We propose that property acquisition costs be fully absorbed within the Communi- ty Development Block Grant. We now wish to proceed with' property acquisition for the project. Preliminary steps have already been completed, including approval of a fair market value appraisal report. We have attached a Resolution authorizing ac- quisition of the two parcels at a price not less than appraised value. The Re- solution also delegates acquisition authority to the City Manager. We request your authorization to proceed with the project and ask your approval of the attached Resolution. Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed. Seconded hy Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Owner Timothy K. Breitbach Timothy K. Breitbach Section 2. That it is hereby found and determined that the appraisal and ap- praisal review for each of the parcels to be acquired has been prepared in a competent manner as required by the policies and regulations of the Depart- ment of Housing and Urban Development. Section 3. That the just compensa- tion to be paid for each parcel of real property is not less than its fair market value as established by the appraisal. Passed, approved and adopted this i8th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 121-77 Authorizing tho Acquloltlon of Cortaln real Properly for tho Development 01 Avon Park WHEREAS, the City of Dubuque pursuant to Grant Agreement No. B-75-MC-i9-0004 has heen authorized by the Department of Housing and Ur- ban Development to carry out a Com- munity Development Block Grant Pro- April 7, i977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lot I and Lot 2 of Lot i of Lot I of Lot i of Mineral Lot 339 in the City of Dubuque, Iowa. The plat also Conservation Commission. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be and he is hereby authorized and direct- ed to execute agreements of purchase and to do any and all things necessary and requisite including the affixing of the city seal to certain instruments to acquire the fee simple interest in the following described parcels of real property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Price $18,500.00 $ 2,292.00 dedIcates Easement "A" for public roadway and utilities. The property lies south of Kane Street and north of Kaufmann Avenue on the southerly extension of Mesa Drive. The Commission has found the final plat to be in conformance with the Suh- division Regulations and Zoning Ordin- ance of the City of Dubuque. The Plan- ning and Zoning Commission has ap- proved the final plat and recommends your favorable consideration. CITY PLANNiNG AND ZONiNG COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 122-77 Resolution Approving Plot 01 the Sub- division of Lot 1 of Lot 1 01 Lot 1 01 Minerai Lot 339 In tho City of Dubuquo, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot i of Lot i of Lot i of Mineral Lot 339 in the City of Dubuque, iowa is platted as: Lot I of the Subdivision of Lot I of Lot I of Lot I of Mineral Lot 339, including Easement "A", thereon,dedicated to the public for roadway and utility purposes: and Lot 2 of the Subdivision of Lot I of Lot i of Lot i of Mineral 339; all in the Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 123-77 A Rosolutlon Approving tho Plat 01 Lot 1 and Lol2 01 Lot 1 01 Lot 1 of Lot 1 01 Lot 1 01 Lot 2 01 Lot 1 01 Lot 1 01 Highland Farm In the City 01 Dubuque, lowo WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Iowa, a plat in which Lot i of Lot i of Lot I of Lot i ofLot 2 of Lot i of Lot I Highland Farm in the City of Dubuque, Iowa, is platted as: Lot I andLot2ofLot i of Lot i of Lot I of Lot i of Lot 2 ofLot i of Lot i of Highland Farm in the City of Dubuque, Iowa. WHEREAS, said plat has been ex- amined hy the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- aimed by the City Council and they find that same conforms to the statutes and ordinances relating there' to: NOW THEREFORE BE iT RE- SOLVED hythe City Council of the City of Dubuque, iowa: Soction 1. That the above descrihed plat be and the same is hereby approved and the Mayor and City Clerk are her- eby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, adopted, and approved this i8th day of April, i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen i94 Special Session, Aprili8, i977 Special Session, Aprili8, i977 195 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 18th day of April, A.D., i977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. April 7, i977 Honorable Mayor and Councilmen The City Planning and Zoning Com- mission has reviewed the final plat of Lot I and Lot 2 of the Sub of Lot i of Lot i of Lot I ofLot I ofLot 2 of Lot i of "Highland Farm" in the City of Dubuque, iowa. The property is located on the south side of West Thirty-Second Street north of "Arbor Oaks" Subdivision. The Commission has found the final plat, described above, to be In confor- mance with the Subdivision Regula- tions and Zoning Ordinance of the City of Duhuque, iowa. The Planning and Zoning Commission has approved the final plat and recommends your favora- ble consideration. CITY PLANNiNG AND ZONiNG COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. 2, creating Lot i and Lot 2 of John P. Mettel Subdivision No.2 in the City of Dubuque, Iowa. The property is located on the north side of the 3400 block of Asbury Road. The Commission has found the plat to be in conformance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa. The Planning and Zoning Commission has voted to approve the final plat and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSiON Daniel Dittemore Director of Community Development ATTEST: Leo F. Frommelt City Clerk " Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 124-77 A Resolution approving the Plat 01 Lot 1 01 Lot 1 01 Lot 3and Lot 2 01 Lot 1 01 Lot 301 John P. Metlol Subdivision No. 21n the City 01 Dubuque,lowa WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Iowa, a plat in which Lot i of Lot 3 of John P. Mettel Subdivision No.2, in the City of Dubuque, iowa; is platted as: Lot i of Lot i of Lot 3 and Lot 2 of Lot I of Lot 3 of John P. Mettel Subdivision in the City of Dubuque, Iowa. WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon, and WHEREAS, said plat has been ex- amined by the City Council and they find that 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. That the above described plat be and the same is hereby approved and the Mayor and City Clerk are her- eby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, adopted, and approved this 18th day of April, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Apri17,1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of the subdivision of Lot i of Lot 3 of John P. Mettel Subdivision No. ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. April 8, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has examined the final plat of Lot 20 and 21 of "Jaeger Heights" which also provides for the dedication of Brian Drive as a public street. The owners has filed a petition re- questing annexation of the property to the City of Dubuque. The site is located west of Rockdale Road and north to Tower Drive. The Commission has approved the final plat subject to the condition that Lot20 of "Jaeger Heights" will become a part of the abutting lot to the west. The Planning and Zoning Commission recommends your favorable consideration. CITY PLANNING AND ZONiNG COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 125-77 Rosolutlon approving tho Plat 01 Lot 20 and 21 oach 01 "Jaegor Helghts"ln the City 01 Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of Subdivision to be known as Lot 20 and 21 each of "Jaeger Heights"; in the City of Dubuque, Iowa, by Louis J. Jaeger and Rita M. Jaeger, Husband and wife: and WHEREAS, upon said plat appear the extension of a street to be known as Brian Drive, together with certain pub- lic 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 i96 Special Session, Aprili8, i977 Special Session, Aprili8, i977 i97 and ordinances relating thereto, except that street grades have not been estah- lished, the street brought to grade, or paving, sewer or water installed; WHEREAS, the owners have agreed that Lot 20 is not big enough for a building lot but will be attached to and sold with Lot I of Lot 19 of "Jaeger Heights" in the City of Dubuque, Iowa. WHEREAS, the said plat is but an extension of "Jaeger Heights" a sub- division which has already been duly approved by the City of Dubuque and filed of record; and WHEREAS, the owners in platting the first 19 Lots of "Jaeger Heights" submitted plans to the City of Dubuque, which included the construction of the improvements hereafter deliniated and also have filed the required bonds to secure the construction and mainten- ance of the said required improvements provided herein and that therefore no additional security should be required. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, iowa: Section 1. That the dedication of Brian Drive together with the ea- sements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Lot 20 and 2i of "Jaeger Heights" in the City of Dubuque, Iowa, be and the same is herehy approved and the Mayor and the 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 attached agreeing: a. To reduce the street, Brian Drive, to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with integral curb, all in accor- dance 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 boulevard 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- provementsfor a period fo four (4) years from the date of their acceptance by the City of Duhuque, 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 December i, i978 and to con- struct the sidewalks and street lighting prior to December I, 1980. Soctlon 3. That in the event Louis J. Jaeger and Rita M. Jaeger, shall fail to execute the acceptance provided for in Section 2 hereof within 45 days after the date of this Resolution, the provi- sions 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 i8th day of April, A.D., i977. WHEREAS, under date of April 7, 1977, the Third Year Community Development Block Grant Application was accepted hy the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (b) of the Community Development Block Grant Program requires that reasonable effort shall be made to inform citizens in- volved in or affected by the local Com- munity Development Program that the Third Year Application has been sub- mitted and is available to interested parties upon request; and WHEREAS, Section 570.906 (c) requires that there be public notice of the availability of the Third Year Com- munity Development Block Grant Ap- plication for inspection by the public; now therefore: BE IT RESOLVED by the City Coun- cil of the City of Dubuque, iowa: Section 1. Be it resolved that the City Clerk be and he is hereby authorized and directed to puhlish in the Dubuque Telegraph Herald, a newspaper of gen- eral circulation within the City, public notice in the form of Exhibit A attached hereto and made a part hereof. Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tuily Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City of Dubuque submitted an Ap- plication for Third Year Community Development Block Grant Funds. The Application was accepted for processing on April 7, 1977 by the Federal Government. Pursuant to Section 570.300 (b) to the Community Development Block Grant Program, a copy of the Application is on file in the office of the City Clerk, City Hall, Duhuque, Iowa, The Application is available for inspection by all interested parties, Monday through Friday between the hours of 8:00 A.M. to 5:00 P.M., Saturdays, Sundays and holidays excluded. ACCEPTANCE OF RESOLUTION NO. 125.77 We, the undersigned Louis J. Jaeger and Rita. M. Jaeger having read the terms and conditions of the foregoing ResolutionNo.i25-77 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 26th dayofApril,i977. Louis J. Jaeger Rita M. Jaeger Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 126-77 Authorizing Publication of Notice 01 Availability lor Public Inspoctlon Cor- taln Community Dovolopment Block Grant Documents Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 127-77 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, he granted a permit to sell Cigar- ettes and Cigarette Papers within said city. Jeannine A. Kersch, 1555 Central Ave. Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis, Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 126-77 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Leonard Oil Company, i307 Dodge Street Thomas M. Astgen, 1101 Rhomherg Avenue Carl A. Van Dueiman, 590 Clarke Drive Passed, adopted and approved this 18th day of April, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption i98 Speci&l Session, Aprili8, i977 of the resolution. Seconded by Mayor Stackls. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 129-77 WHEREAS, applications for Beer Permits were filed by the within named appplicalits 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 Leonard Oil Company, 1307 Dodge Street Thomas M. Astgen, IlOI Rhomberg Ave. Carl A. Vall Duelman, 590 Clarke Drive Passed, adopted and approved this 18th day of April. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Coullcilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 130-77 WHEREAS, applications for LIquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses Issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Generai Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kayla Smith and Karen Ohllesorge, 2186 Central Ave. Jeannine A. Kersch, 1555 Central Ave. Joyce L. Moeller, (Also Sunday Sales), 1604 Central Ave. Speci&! Session, Aprili8, i977 i99 Marco's, iIlC., 2022 Central Ave. Knights of Columbus Council 510, (Also Sunday Sales), 781 Locust St. Lona's, inc. (Also Sunday Sales), 620 East i6th St. Dollald F. Bradley, (Sunday Sales only), 1091 Main St. Passed, adopted and approved this 18th day of April, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the followillg vote: Yeas - Mayor Stackis, Councilhen Brady. Pregler, Tully, Wertzberger. Nays-None. There being 110 further business, Councilman Tully moved to adjourn. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays None. Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Coullcil- man Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 131-77 WHEREAS, applications for LIquor Licenses were filed by the within named applicants and they have received the approval ofthisCouncll; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa that the MÌìnager be authorized to cause to be issued to the following named applicants a LIquor LIcense. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Kayla Smith and Karen Ohnesorge, 2i86 Central A"e. Jeannine A. Kersch, 1555 Central Ave. Joyce L. Moeller, (Also Sunday Sales), 1604 Central Ave. Marco's, inc" 2022 Central Ave. Knights of Columbus Council 510, (Also Sunday Sales), 781 Locust Street Lona's, Inc., (Also Sunday Sales), 620 East 16th St. Donald F. Bradley, (Also Sales Only), 1091 Main St. Passed, adopted and approved this 18th day of Apri I, 1977 EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Approved 1977 Adopted 1977 Councilmen ATTEST: City Clerk Special Session, April 27,i977 20i Special Session, April 27, i977 200 County may sustain as a result of the willful or negligent acts or omissions of said deputies while so on duty; NOW THEREFORE IT IS MU- TUALLLYagreedasfollows: 1. That Sheriff, at the instance and request of City, shall continue to depu- tize persons selected by City to serve as peace officers for the purpose of per- forming peacekeeping duties at City's parks, the Dubuque Municipal Airport, and other specified facilities owned by City, or which may hereafter be owned by City. 2. That City hereby agrees to, at all times hereafter, hold harmless and in- demnify Sheriff and County of Dubuque, iowa for all loss, damages or liability which Sheriff and County may sustain as a result of any and all willfull or negligent acts or omissions of said deputies while said deputies are serving as peace officers in the course of their employment at City's parks, the Dubuque Municipal Airport, and other facilities owned by City, or which may hereafter be owned by City. 3. That the deputies so serving as specified in Paragraphs 2 and 3 hereof shall at all times, during the Course of such employment, operate under the immediate supervision and control of City. Dated at Dubuque. Iowa, the day and year set forth above. CITY OF DUBUQUE, IOWA, BY: Gilbert D. Chavenelle John R. Murphy Dubuque County, iowa Sherriff Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Nays-None. Absellt - Councilmen Tully. Wertzberger. There being no further business, Councilman Pregler moved to adjourn. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Nays - None. Absent. Wertzberger. he has no control over said persons so deputized at the request of the City of Dubuque, that he and Duhuque County, Iowa shouid be indemnified and held harmless; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the request of the Sheriff of Dubuque County, Iowa, John F. Murphy, for idemnification for him- self and for Dubuque County, Iowa and to be held harmless from any and all damages, loss or liability arising out of any willful or negligent acts or omis- sions of said deputies so on duty for and by the City of Dubuque, Iowa should be approved. Section 2. wthat the Agreement, a copy of which is hereto attached, by and between the City of Dubuque, Iowa and the Sheriff of Dubuque County, iowa and Dubuque County, Iowa relating to indemnification and holding harmless be and the same is herehy approved.) Section 3. That the City Manager be and he is hereby authorized and direct- ed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved alld adopted this 27th day of April, 1977. \ EmilStackis Mayor James E. Brady Walter A. Pregler Councilmen CITY COUNCIL OFFICIAL Special Session, Apr1l27,1977. Council metat4:15 P.M. (D.S.T.) Present - Mayor Stackls, Council- men Brady, Pregler. City Manager Gil- bert D. Chavenelle. Absent - Councilmen Tully, Wertzberger. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is callee for the pur- pose of Adopting a Resolution Author- Izing the Manager to enter Into an Agroemont with Dubuque County Sheriff Relative to Deputized Persons at the Airport and Parks and acting upon such other business as may properly come before a Regular Meeting of the Council. Councilmen Tully. Councilmen Tully. Leo F. Frommelt City Clerk Approved 1977 Adopted 1977 April 25, 1977 Mr. Gilbert D. Chavenelle City Manager i am tendering proposed form of re- solution together with proposed form of Agreement of idemnity to hold the Sheriff and Dubuque County, Iowa harmless from any claims arising out of the deputization of persons for City Parks and Airport facilities. I would recommend that at the meet- ing of the City Council to be held on Wednesday at its briefing session that same he designated as a special meeting In order to adopt the enclosed Resolu- tion and the Agreement executed as it is my understanding that the expiration dateisApril30,I977. R.N. Russo City Attorney ATTEST: Leo F. Frommelt City Clerk Councilmen ATTEST: City Clerk AGREEMENT This agreement, made and entered into this 28th day of April, i977, by and between the City of Dubuque, Iowa, hereinafter called "City", and John R. Murphy, Dubuque County, iowa Sher- iff, hereinafter called "Sheriff'; WITNESSETH: WHEREAS, Sheriff has from time to time in the past deputized persons, and shall in the future, for the purpose of serving as peace officers to perform peacekeeping duties at City's parks, the Dubuque Municipal Airport, and other facilities owned by City; and WHERAEAS, said deputies operate under the immediate supervision and control of City while performing said duties at said City facilities; and WHEREAS, it is to the mutual benefit of both parties hereto that the aforesaid arrangement between City and Sheriff continue, and further that Sheriff and Dubuque County, Iowa be held harm- less and indemnified by City for all loss, damages, or liahility which Sheriff and Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Nays-None. Absent - Councilmen Tully. Wertzberger. RESOLUTION NO. 132-77 WHEREAS, the City of Dubuque, Iowa, from time to time, is in need to have persons deputized by the Sheriff of Dubuque, County, Iowa; and WHEREAS, said persons so deputized are under the control and administra- tion of the City of Dubuque as pertains to City Parks, City Airport facilities and any other facilities owned by the City of Dubuque, Iowa: and WHEREAS, the Sheriff of Dubuque County, Iowa has requested that since Tully. Councilmen ---- - -