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1977 June Council Proceedings Special Session, June 1, 1977 249 CITY COUNCIL OFFICIAL Special Session, June 1, 1977. Council Met at 4:15 P.M. (C.D.T.) Present - Mayor Stackls, Council- men Brady, Pregler, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Councilman Tully. Mayor Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of Adoption of a Resolution to Request Financial Settlement of the Downtown Urban Renewal Project Iowa R-15, and acting upon such other business as may properly come before a Regular Meeting of the CounciL RESOLUTION NO. 166-77 Approving and ProvidIng for the Ex- ecution of the Fifth Amendatory Contract AmendIng Contract No. Iowa R-15 (LG) by and Between the City of Dubuque, Iowa and the United States of AmerIca. WHEREAS, under date of July 26, 1967, the City of Dubuque (herein called the "Local Public Agency") and the United States of America (herein called the "Government") entered into a Loan and Capital Grant Contract No. Iowa R-15 (LG) for the undertaking of the Downtown Urhan Renewal Project Iowa R-15: and WHEREAS, it is necessary to amend the said Contract by adding a new Sec- tion 15 to cover additional conditions pertaining to Affirmative Action Plan for Business Opportunity: compliance with Section 3 for employment of area residents, etc.: implementation of Sec- tion 102(a) of the Flood..... Disaster Protection Act of 1973: and confor- mance with pertinent requirements of the Environmental Protection Agency. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the pending proposed Fifth Amendatory Contract (herein called the "Amendatory Contract") amending that certain Contract No. Iowa R-I5 (LG). dated the 26th day of July, 1967, by and between the City of Dubuque, Iowa, and the United States of America is hereby in all respects approved. Secllon 2. That the Mayor is hereby authorized and directed to execute said amendatory Contract in two counter- parts on behalf of the Local Public Agency, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Pub- lic Agency on each such counterpart, and to forward such counterparts to the Department of Housiog and Urban Development, for execution on behalf of the Government, together with such other documents relative to the ap- proval and execution of such counter- parts as may be required by the Government. Passed, approved and adopted this 1st day of June, 1977. Emil Stackis Mayor 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 Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. RESOLUTION NO. 167-77 A Resolution to Request Financial Selilement of the DownTown Ur- ban Renewal Project, Iowa R-15. WHEREAS, the City of Duhuque, Iowa hereinafter called the "City") and the United States of America, act- ing by and through the Secretary of Housing and Urban Development (her- einafter called the "Government") en- tered into contract Iowa R-15 (LG), as amended, providing for the Downtown Urban Renewal Project, Iowa R-15, (hereinafter called the "Project"): and WHEREAS, under the Housing and Community Development Act of 1974, Community Development Block Grant Funds, together with grant funds made available for the Program which remain after provision for costs incurred and unliquidated, contingent, or disputed claims or obligations, may be used for the repayment to the financial sett- lement of the Project: and WHEREAS, the City has submitted a preliminary request for financial sett- lement to the Government, and the City has been directed to proceed with a formal application for financial sett- lement: and WHEREAS, the Project has been subjected to an audit and final projects costs are now determinable. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the Government is provements required by the Project on any of said properties acquired by the City or its assignees for purposes of redevelopment: c. Subject any proposed recon- veyance to those public disclosure requirements of Section 105(e) ofTitie I of the Housing Act of 1949, as amended, otherwise applicable to Local Public Agencies in the disposition of Urban Renewal Project land to redevelopers: and d. Prohibit discrimination upon the basis of race, color, religion, sex or national origin in the sale, lease, rental, occupany or other use of said properties or in any improvements erected or to be erected thereon. Section 9. That the City of Dubuque, Iowa hereby agrees to provide out of Community Development Grant Funds or other City funds payment for any costs or obligations incurred or to be incurred in connection with execution, close-out, audit, relocation, completion activities, property disposition, and fin- ancial settlement of the project with respect to any claims, liens, or disal- lowances including litigation which have or may be filed or determined against said Project. Section 10. That all office supplies, furniture and fixtures held by Project are transferred to the City of Dubuque's Community Development Program at no cost. Section 11. That the City Manager be and he is hereby authorized and direct- ed to execute on behalf of the City of Dubuque, Iowa, those documents necessary to effectuate the financial settlement of the Project. Passed, approved and adopted this 1st dayofJune, 1977. Emil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen 251 250 Special Session, June 1, 1977 hereby requested to approve the finan- cial settlement of the Project of which this Resolution is a part thereof. Section 2. That the Government is hereby requested to apply unearned grant funds under the Project to repay Project loans and to pay interest on said loans. Section 3. That it is hereby deter- mined that the Project is not subject to the provision of Section 105(1) of Title I of the Housing Act of 1949, as amended, by virtue of the fact that the character of the Project is predominately, nonre- sidential in character, either existing or proposed. Section 4. That it is hereby deter- mined that the Project is not subject to Section 105(h) of Title I of the Housing Act of 1949, as amended, by virtue of the fact that said section applies to projects for which a Survey and Plan- ning Contract was executed after December 24, 1969 and that the SUrvey and Planning Contract for the Project was executed prior to July 26, 1967, the date of the Project Loan and Grant Agreement. Section 5. That it is agreed that the Project's financial settlement is subject to the satisfaction of any audit excep- tions with respect thereto. Section 6. That the Project is hereby determined to be financially complete in accordance with the requirements for substantial completion as defined in Title 24 Code of Federal Regulations, Part 58 (24 CFR 58.3). Section 7. That the unsold properties for which ownership is held by the City, identified in Exhibit "A" bereof, consti- tute all remaining Project disposition property and that proceeds from the sale or lease of any such property after financial settlement and any miscellan- eous income received due to said sett- lement shall be treated ads Community Development Block Grant Program in- come and programmed for eligible ac- tivities in accordance with the rules and regulations of said Program and said activities shall be carried out in accor- dance with subpart J of Title 24 Code of Federal Regulations, Part 570 (Program Management). Section 8. That with respect to the properties in Exhibit "A: hereof, the City of Dubuque, Iowa covenants to: a. Conform the use of said properties in accordance with the Urban Renewal Plan: b. Within a reasonable time after Project financial settlement, begin im- Special Session, June 1, 1977 Brady, Pregler, Wertzberger. Nays-None. Absent - Councilman Tully. Leo F. Frommelt City Clerk Approved 1977 Adopted 1977 ................ ................. Councilmen ATTEST: City Clerk ................. 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 Pregler, Wertzberger. Nays - Councilman Brady. Absent - Councilman Tully. There being no further business, Councilman Brady moved to adjourn. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen 252 Regular Session, June 6, 1977 CITY COUNCIL OFFICIAL Regular Session, June 6, 1977. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the City Council called for the pur- pose of acting upon such business as may properly come before the Meeting. Invocation was given by Rev. Frank- iin Klohn, Paster of St. John's Episcopal Church. A Proclamation proclaiming July i2th to 20th as "Operation Friendship Week" was read, approved and signed by Mayor Stackis. Communication of Planning and Zoning Commission submitting min- utes of their meeting of May 12, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Playground and Recreation Commission submitting minutes of their meeting of May 9,1977, presented and read. Councilman Wertzbergermoved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Airport Commis- sion submitting minutes of their meet- ing of May 12 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzgerber. Nays-None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of May 12, 1977, pre- sented and read. Councilman Wertz- berger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Community Development Commission suhmitting minutes of their meeting of May 10, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Dubuque Transit Trustee Board submitting minutes of their meetings of April 29 and May 16, 1977. presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Coun- cilman Tully. 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 May 24,1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seconded by Councilman Tully. 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 meeting of May 18, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and filed. Seocnded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Elsie Link object- ing to the Washington Street diverters, more particularly at 18th and Washing- ton, because of the inability for trucks and vans having proper access to her building, presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Five Flags Execu- tive Committee advising of payment in amount of $3,064.36, for repairing air conditioning system at the Five Flags Theatre, presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by - Regular Session, June 6, 1977 253 the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque Historic Preservation Advisory Board indicating no objection to the issuance of demoli- tion permit of a garage of 1296 Prairie Street, presented and read. Councilman Tully moved that the communication be received and filed and Building Depart- ment be advised. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Raymond E. Har- ris submitting his resignation from the Civil Service Commission effective May 23, 1977, presented and read. Council- man Tully moved that the communica- tion be received and filed and resigna- tion accepted wtith regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Dubuque's Hous- ing Commission advising of the accep- tability of a Section 8 New Construction Project sponsored by HOMZ Partners of Madison, Wisc" and requesting encour- agement to bring the project to com- pletion, presented and read. Council- man Tully moved that the Project be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of HUD submitting an audit report for the Urban Renewal Program Iowa R-15 for the period from October 1, 1969 to December 31, 1976, authorizing the City to pay lump sum fee, presented and read. Councilman Tully moved that the communication and report be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of P and Z advising of reclassification review of Ed Winders property at 2114 White Street: C. P. pfohn property at E. 19th and Washing- ton Streets: HOMZ Partners of Madison property on west side of Sheridan Road north of Davis Avenue, 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. Communication of Peoples Natural Gas submitting their annual operating report for the year 1976, presented and read. Councilman Tully moved that the communication and report be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. May 17, 1977 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Water Superintendent, Health Department, as well as a list of claims paid, for the month of April, 1977. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of List of Receipts and Disbursements for the month of April, 1977, presented and read. Councilman Tully moved that the proof of pubiica- tion be received and filed. 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, of Public Notice that the prevailing rate for water service con- nections is noW raised to $5.00 per iineal foot, preSented and read. Councilman Tully moved that the proof of pubiica- tim\ be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stack is, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. May 31,1977 To the Honorable Mayor and Members of the City Council We have approved the following bonds and poiicies and desire to have your approval of same for filing purposes. BOND Teleprompter Corporation, in the ._".~. -~--,~,,~'" - -,,~-~~~~c_~~-- 254 Regular Session. June 6, 1977 amount of $50,000 Republic Insurance Co., Policy #MI 5515 No. 226 expiring 11-16-79. GENERAL LIABILITY Insurance Certificate of Robert J. Schulte, Policy No. Hcc5-025712 to 4-23-78. SIDEWALK CONSTRUCTION BOND Carl Blosch, United Fire and Casualty Co., No. 55-54451,$1,000 to 6-4-78. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - MayorStackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of Dubuque Com- munity Schools Transportation Unit, in the amount of $175., for paint being sprayed on a school bus by the City due to faulty equipment, at Volunteer Drive on May 11, 1977, presented and read. Councilman Tully moved that th,e No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Claim of James Bocek by Henry Voels, in the amount of $83.61, for car damage incurred as the result of driving into a chuck hole in the 3100 Block of W. 32nd St. on May 23, 1977, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Suit of Mary C. (Sally) Fol- som, in the amount of $9000" for per- sonal injuries received in a fall on the west side of 1600 Block of Central Ave. on December 3, 1976, on a defective sidewalk. presented and read. Council- man Tully moved that the Notice of Suit be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Original Notice and Petition before the Iowa Industrial Commissioner ad- vising of commencement of action by Steven R. Faust, a City employee, as the result of an accident during course of employment on DeCember 19, 1975, presented and read. Councilman Tully moved that the Notice and Petition be referred to the City Attorney for inves~ tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis Councilmen Brady, Pregler, Tully. Wertzberger. Nays - None. Proof of Publication, certil'ied to by the Publisher, of Notice of public hear- ing by amending Zoning Ordinance to classify recently annexed territory in Harwood Place and M. L. 237 and 238 into a C-3 Arterial Business Commercial District, presented and read. Nowritto" objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 34-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32.75, KNOWN AS THE ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE IOWA" WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, IN "HARWOOD PLACE" IN A C.3 ARTERIAL BUSI- NESS COMMERCIAL DISTRICT WHICH REAL ESTATE IS HEREIN- AFTER DESCRIBED, said Ordinance having been previously presented and read at the Council meeting of May 2, 1977, presented for final adoption. ORDINANCE NO. 34.77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI. . TV OF DUBUQUE. IOWA," WHICH ÂMË¡¡¡¡¡'¡¡¡IIT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY "NN~X"D TO THE CITY OF DUBUQUE, IOWA, IN "HARWOOD PLACE", IN A C-3 ARTERIAL BUSI. NESS COMMERCIAL DISTRICT, WHICH REAL ESTATE IS HEREIN- AFTER DESCRIBED WHEREAS, the real estate herein- after described was recently annexed to, and become part of the City of Regttlar Session, June 6, 1977 255 Dubuque, Iowa, by Resolution No. 53-77 of the City Councit, passed, approved, and adopted at its meeting of February 21, 1977, which onnexation was upon voluntory petition, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque Iowa, has approved and recommended that soid territory recently annexed and hereinafter described be zoned and classified as a "C-3 Arterial Business Commercial District. NOW THEREFORE BE. IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secllon 1. That Ordinance No. 32-75, known as the "Zoning Odrdinance and Zoning Map of the City of Dubuque, Iowa", be and the some is hereby amended by zoning and classifying recently onnexed territory, hereinafter described, as a "C-3 Arterial Business Commercial District", to wit Lot 2 of Lot I; and Lot 2 in "Harwood P/oce"; and Lot 2 of Lot 2 of Mineral Lot 237 and Lat 2 of Mineral Lot 238 all in 'Dubuque Township in the City of Dubuque, Iowa, consisting of 5J.! ocres more or less. Passed, opproved, and adopted this 6th day of June; 1977. Emil Stackis Moyor Thomas A. Tully Jr. Richard A. Wertzberger James E. Brody Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of June, 1977. Leo F. Frommelt City Clerk 116:9 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried hy 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 Public Hear- ing to amend Zoning Ordinance No. 32-75 by classifying recently annexed territory in Henschel's Black Forest as R-l Residential District, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filêd. Seconded by Coun- cilmanPregler. Carried by the following vote: , Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 35-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN' AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", WHICH AMENDMENTS SHALL ZONE AND CLASSIFY HEREINAFTER DE- SCRIBED TERRITORY,RECENTL Y ANNEXED TO THE CITY OF DU- BUQUE, IOWA IN "HENSCHEL'S BLACK FOREST", IN AN R'1 RESI- DENTIAL DISTRICT CLASSIFICATION' presented and read. Councilman Wertzberger moved that the 'reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Wertzberger moved that the rule reqoiring 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 Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis,Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ' ORDINANCE NO. 35-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING MAP OF THE CITY OF DUBUQUE, IOWA", WHICH AMENDMENTS SMALL ZONE AND CLASSIFY HEREINAFTER DE- SCRIBED TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA IN "HENSCHEL"S BLACK FOREST", IN AN R-1 RE- SIDENTIAL DISTRICT CLASSIFICATION WHEREAS, the real estate herein- after described was annexed to, ond became part of the City of Dubuque, Iowa, by City Council Resolutions No. 51-77, and No. 52-77, and only those properties hereinofter described, of Re- solution No. 50-n 011 passed, approved, and adopted by the City Council on February 21, 1977, which annexations were upon voluntary petition. NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Nays - None. Attorney Leo McCarthy, representing the subdivider, addressed the Council as being in favor of reclassifying. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of John Ratterman et al (137 signers) objecting to the rezoning of the property west of Wahlert Higil School along the North Side of Kane Street, presented and read. Tom Tobin of 2730 Hickory Hill spoke in objection to the petition, for rezon- ing. Councilman Wertzberger moved that the petition be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. 256 Regular Session, June 6, 1Ø77 Regular Session, June 6, 1977 257 Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance ond Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by zoning and classifying recently annexed territory. hereinafter described, in a "R-I ResidentialDistrict" classification, to wit: "Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1; Lot 2 of Lot 1 except the southerly 29.58 feet thereof; Lot 2 of Lot I of Lot 1 of Lot 1; Lot20fLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot I; Lot 2 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I; and to include Easement "B" Easement 'C', Easement 'D', and Easement 'G', all of which easements are for roadway purposes as shown upan the plat thereof. All herein de- scribed real estate and roadway ease- ments are part of "Henschel's Black Forest, in Table Mound Township, in the City of Dubuque, Iowa." Secllon 2. That said territories have became a part of the Thirteenth Voting Precinct of the City of Dubuque, Iowa. Passe~, approved and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Published officiolly in the Telegraph Herald Newspaper this 9th day of June, 1977. Leo F. Frommelt City Clerk 116:9 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance No. 32-75 to reclassify real estate in Eques- trian Heights from R-2 Residential to R-3 Residential District Classification, presented and read. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. May 16, 1977 Brady, Pregler, Wertzberger. Nays - None. Abstain - Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to classify recently annexed terri- tory known as the Manternach property on Peru Road as R-2 and R-4 Residential Districts, presented and read. No writ- ten 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 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. 36-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, KNOWN AS THE MANTERNACH PROPERTY ON PERU ROAD, IN RESIDENTIAL DISTRICT CLASSIFICATIONS, WHICH REAL ES- TATE IS HEREINAFTER DESCRIBED, said Ordinance having been previously presented and read at the Council Mooting of May 2, 1977, presented for final adoption. ORDINANCE NO. 36-77 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, KNOWN AS THE MANTERNACH PROPERTY ON PERU ROAD, IN RESIDENTIAL DISTRICT CLASSIFICATIONS, WHICH REAL ES- TATE IS HEREINAFTER DESCRIBED Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has taken offir.izl action to clarify the intent of a motion made at their meeting of January 19, 1977, on the petition of Gerald and Thomas Swift. The. Swift request asked for R-3 Residential District classifica- tion on property fronting on Kane Street in "Equestrian Heights" Subdivi- sion in the City of Dubuque, Iowa. At their meeting of May '12, 1977, the Commission amended their minutes of January 19, 1977, to acknowledge receipt of the Swift's revised petition which reduced the acreage requested from R-3 Residential District classifica- tion from 3.5 acres to approximately 2.5 acres. The shaded pattern on the at- tached maps depict the proposals: Map I portrays the original 3.5 acre request and Map 2 shows the revised 2.5 acre plan. The Planning and Zoning Com- mission also took official action to amend their minutes to reflect their intent to deny the Swift's revised 2.5 acre rezoning proposal. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development WHEREAS, the real estate herein- after described was recently annexed to, and became part of the City of Dubuque, 10wo, by Resolution No. 75-77 of the City Council, passed, approved, and adopted ot its meeting of March 10, 1977, which annexation was upon voluntary petition, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has approved and recommended that said territory recentiy annexed and hereinafter described, be zoned and Councilman Wertzberger moved that Council Do not approve rezoning. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen clossified in on "R-2 and R-4 Residential District" classification. NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Section 1; That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by zoning and classifying recently annexed tenitory, hereinafter described, as an "R-2 Residential Dis- trict", to wit: Lot 1-1-1 of the Northwest One Quarter of the Southwest One Quorter of Section 12, Township89North,Range 2 East, of the 5th Principal Meridian, except thot portion in the Southeast corner more particularly described as follows: Beginning at the Northwest Corner of Lot 2-1-1-1-1-1-1-1-1-4-1 of the Subdivision of Lot 1-1-1 and Mineral Lot 325 in Section 12, Township 89 North, Ronge 2 East of the 5th Principal Me- ridian in Dubuque County, Iowa; thence North 155.00 feet, more or less, along the East line of Lot 1-1-1 of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Prtncipal Meridian, to a point; thence South 88 West 86.00 feet, more or less to a point, thence North 87 West 150.00 feet, more or less, to a point; thence North 55 West 169.00 feet, more or less to a point; thence South 81 West60.00feet, more or less to a point; thence South 46 West 218.00 feet, more or less, to a point: thence South 42 East 106.00 feet, more or less to a point; thence South 31 East 140.00 feet, more or less. to a point; said point being the Northwest corner of Lot 2'1-1 of the Northwest One Quarter of the Southwest One Quorter of Section 12, Township 89 North, Range 2 East of 5th Principal Meridion; thence South 89 21 feet 176.00 feet to the Northeast corner of said Lot 2- I -1; thence South 26 56 feet East 168.20 feet to the Eastern- most corner of said Lot 2-1-1: thence North 21.33 feet East 160.00 feet to a corner on Lot 1-1-1 of the Northwest One Quarter of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian; thence South 25 32 feet East 191.70 feet to the Southeast corner of said Lot 1-1-1; thence North 168.48 feet to the point of beginning, containing 34.3 acres, more or less, all in the City of Dubuque, Iowa. Section 2. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by zoning and classifying 258 Herald Newspaperthis 10th day of June, 1977. Regular Session, June 6, 1977 Regular Session, June 6, 1977 259 recently annexed tenitory, hereinafter described, as an "R-4 Residential Dis- trict", to wit: Lot 2-1-1-1-1-1-1-1-1-4-1 of the Sub- division afLot 1-1-1, Lot 2-1-1 of Mineral Lot 324, and part of Lot 1-1-1 of the Northwest One Quarter of the South- west One Quarter of Section 12, Town- ship 89 North, Range 2 East of the 5th Principal Meridian, more particularly described as follows: Beginning at the Northwest Corner of Lot 2-1-1-1-1 -1-1-1-1-4-1 of the Subdivision of Lot 1-1-1 and Mineral Lot 324 in Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian, in Dubuque County, 10wa; thence North 155.00 feet, more or less, along the East line of Lot 1-1-1 of the Southwest One Quarter of Section 12, Township 89 North, Range 2 Eost of the 5th Princlpal Meridian, to a point; thence South 88 West 86.00 feet, more or less to a point; thence North 87 West 150.00 feet, more or less, to a point; thence North 55 West 169.00 feet, more or less to a point; thence South 80 West 60.00 feet, more or less, to a point; thence South 46 West 218.00 fee~ more or less, to a point; thence South 42 East 1O6.0IJ feet, more or less, to a point; thence South 31 East 140.00 feet, more or less to a point; said point being the Northwest corner of Lot 2-1-1 of the Northwest One Quarter of the South- west One Quarter of Section 12, Town- ship 89 North, Range 2 East of the 5th Principal Meridian; thence South 89 21 feet East 176.00 feet to the Northeost corner of said Lot 2-1-1 thence South 26 56 feet East 168.20 feet to the Eastern- most corner of said Lot 2-1-1; thence North 21 33 feet East 160.00 feet to a corner on Lot 1-1-1 of the Northwest One Quarter of the Southwest One Quarter of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian; thence South 25 32 feet East 191.70 feet to the Southeast corner of said Lot 1-1-1; thence North 168.48 feet to the point of beginning, containing 4.1 acres, more or less, all in the City of Dubuque, 10wa. Possed, approved, and adopted this 6th day of June, 1977. . Emil Stack is 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 Leo F. Frommelt City Clerk and hereafter known and described as: Lot 1-A of vacated alley in Block 18 of Dubuque Horbor 1mprovement Com- pany's Addition from Market Square to the 1. G.R.R. R.O.W. in the City of Dubuque,lowa located between Wall and Pine Streets extending westerly from Market Square and terminating at Cypress Street in the City of Dubuque, 10wa be and the same is hereby vacated subject to the follow- ing terms and conditions hereinafter set forth and subject to and together with easements for utilities; 1) that said alley be disposed of by sale to Dubuque Chips, 1nc. for the sum of $2,126.25 and that conveyance be made by Quit Claim Deed and said con- veyance shall be subject to the further condition that in the event the pur- chaser disposes by sale or otherwise, of said alley ta any person, firm or corpor- ation other than such than is furnishing chips to Celotex Corporation that within a period of five (5) years of date hereot City shall have the First right and option to repurchase said alley for the price paid by Dubuque Chips, 1nc. therefor. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 6th day of Juen, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Wolter A. Pregler Councilmen 1t6:10 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. Proof of Publication, certified to by the Publisher, of Notice of Vacation and Place of Hearing to dispose of interest in an alley between Wall and Pine Streets to Dubuque Chips Inc" presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 37-77 AN ORDINANCE VACATING THE AL- LEY BETWEEN WALL AND PINE STREETS EXTENDING WESTERLY FROM MARKET SQUARE AND TER- MINATING AT CYPRESS STREET IN THE CITY OF DUBUQUE, IOWA, AND AUTHORIZING DISPOSAL OF SAME, said Ordinance having been previously presented and read at the Council Meeting of May 16, 1977, presented for final adoption. ORDINANCE NO. 37-77 AN ORDINANCE VACATING THE AL- LEY BETWEEN WALL AND PINE STREETS EXTENDING WESTERLY FROM MARKET SQUARE AND TER- MINATING AT CYPRESS STREET IN THE CITY OF DUBUQUE, IOWA, AND AUTHORIZING DISPOSAL OF SAME WHEREAS, Dubuque Chips, 1nc. has petitioned the City Council of the City of Dubuque, 10wa for the vacation of the alley located between Wall and Pine Streets extending westerly from Market Square and terminating at Cypress Street in the City of Dubuque, 10wa be vacated and that same be sold to said petitioner: and WHEREAS City Council of the City of Dubuque, 10wa finds and determines that said alley should be vacated as it serves no further public purpose: NOW THEREFORE BE 1T OR- DA1NED BY THE City Council OF THE C1TYOF DUBUQUE,lOWA: Section 1. That the alley to be platted ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of June, 1977. Leo F. Frommelt City Clerk 1t6:10 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 168-77 WHEREAS, pursuant ta Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion published on May 19, 1977, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 1977 at 7:30 o'clock P.M. (CDT) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest ofthe City of Dubuque, Iowa in real estate, hereinafter described to Dubuque Chips, Inc.: and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all objectians, oral or written, to the proposal to dispose of interest of City of Dubuque Iowa in the hereinafter de- scribed real estate to Dubuque Chips, Inc. . NOW THEREFORE BE IT RE- SOLVED 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 canveyance of: Lot IA of vacated alley in Block 18 of Dubuque Harbor Improvement Com. pany's Addition from Market Square to the 1.C.R.R. R.O.W. in the City of Dubuque, fowa to Dubuque Chips, Inc. be and the same is hereby approved for the purchase price of $2,126.25, subject to the further condition that in the event the pur- chaser disposes, by sale or otherwise, of said alley to any person, firm or corpor- ation other than furnishing chips to Celotex Corporation that within a per- iod of five (5) years of date hereof, the City shall have the first right and option to re-purchase said alley for the price paid by the purchasers herein therefor: that conveyance shall be by Quit Claim Deed and the City of Dubuque, Iowa will reserve unto itself all easements for utilities and for ingress and egreess to repair and maintain the same. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed 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. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tionin the office of the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. BrâiÎy Waiter A. Pregler Councilmen 260 orized to execute said Lease for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6thdayofJune,1~77. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Regular Session, June 6, 1977 Regular Sessjon, June 6, 1977 261 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher of Notice of Public hearing on a proposed lease and agreement with Dubuque Chips Inc. for Market Square excepting the Easterly 20' running par- allel with Market Street, presented and read. No written olijections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger Nays - None. RESOLUTION NO. 169-77 WHEREAS, the City of Dubuque Iowa has been negotiating with Dubuque Chips, Inc. for the negotia- tions 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, notice of intent to enter into said lease for a period in excess of three years has been published in the Telegraph Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa fixing the 6th day of June, 1977 at 7:30 o'clock P.M. (CDT) in the City Council Chambers in the City Hall, Dubuque, Iowa as the time and place of hearing on said. published no- tice of intent to enter into lease: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the proposed written lease agreement by and between the City of Dubuque, Iowa and Dubuque Chips, Inc. a copy of which marked Exhibit "A" is hereto attached and by reference made a part hereof, be and the same is hereby approved: and that there have been no objections, oral or written, to the entering into said lease by the City of Dubuque, Iowa. Section 2. That the Mayor and the City Clerk be and they are hereby auth- Code of Ordinances of the City of Dubuque, Iowo is hereby repealed and declared null and void and of no effect. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully: Wertzberger. Nays-None. ORDINANCE NO. 38-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY PROVIDING FOR THE REPEAL OF SECTION 21-80 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND DECLAR- ING SAME TO BE NULL AND VOID, presented and read. Councilman Wertzberger mov.ed that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Stackis, 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: r Yeas- Miíyor Stackis, Councilmen Brady, Prelgler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 38-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY PROVIDING FOR THE REPEAL OF SECTION 21-80 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA AND DECLAR- ING SAME TO BE NULL AND VOID NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa: Secllon 1. That Section 21-80 of.the ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of June, 1977. 116:10 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote. . Yeas ~ Mayor Stackls, Councilmen Brady,Pregler, Tully, Wertzberger. Nays - None. AN ORDINANCE providing that the Code of Ordinances be amended by adding a new clrapter to be numbered l2'h creating a Civic Center Commis- sion for the City of Dubuque, Iowa, establishing the number of members thereof and prescribing the powers and responsibilities thereof, presented and read. Mayor.Stackis moved that Ordin- ance be tabled to the next Council Meeting. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully. Nays Councilmen Wertzberger. Petition of Xavier Hospital requesting renovationofSheridan Road, Peru Road to Central Avenue, (including the Viaduct), and 32nd Street west to John F. Kennedy Road, to help relieve traffic problems in the area, presented and read. Councilman Wertzberger moved that the petition be referred to the City Manager and Staff and they be directed to give Xavier Hospital a priority status. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Thomas E. Graham requesting permission to rent the build- ing at 8th and Town Clock Plaza, pre- sented and read. Councilman Wertz- berger moved that the petition be received and filed and referred to City Manager and Staff for investigation and report and directed to report back at Brady, next Council Meeting. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Richard C. Henschel requesting the installation of street lights on Richards Road and intersec- tion of Richards Road and proposed Cedar Cross Road, presented and read. Councilman Tully moved that the peti- tion be referred to City Manager and Electrical fnspector and further moved that City Manager's recommendation of approval be approved. Seconded by Councilman Wertzber~er. Carried by the following votó: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of James F.. Link et al (51 signers) objecting to the rezoning of lots approx. 465 feet east of J.F.K. Road and have 125' frontage on W. 32nd St., from R-I to OR-I Residential District Clas- sification, presented and read. Council- man tully moved that the petition be tabled to the next Council Meeting. Seconded by Councilman Wertzbetger. . Carried by the following vote: Yeas ~ Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of LTD Construction Co. requesting a refund of $210. on two building permits which were never used, presented and read. Councilman Tully moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Dennis E. Hackbarth requesting a.refund of $32.00 on garage building permit which was never used, presented and read. Councilman Tully moved that the refund be apprOved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Evening Optimist Club of Dubuque requesting a refund, in the amount of $225., on the unexpired por- tion of Class "B" Beer Permit No. B2248-77 discontinued business on May 30, 1977, presented and read. Council- man Tully moved that the refund be 262 Regular Session, June 6, 1977 approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas ~ Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Councilman Pregler requesting drafting of an Ordinance requiring all city employees to live within the City limits, presented and read. Councilman Wertzberger moved that the petition be received and filed and referred to the City Solicitor and Council and City Manager instructed to set up a work session. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-NOne. Communication of Personnel Direc- tor submitting a list of recommenda- tions and requesting the Council to investigate problems that may arise if a residency policy is a adopted, presented and read. Councilman Wertzberger moved that the communi~ation be referred to the City Solicitor. Seconded by Councilman Tully. Carried by the following vote: Yeas- Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Giese Sheet Metal Co. Inc., requesting a refund of $6.50 due to can- cellation of air conditioning permit, presented and read. Councilman TuUy moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the foUowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Resolution of Pendency and hearing upon plans for construction of Cooper Place Steps, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and fiied. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Necessity for Improvement) RESOLUTION NO. 154-77 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City ofDubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the con- struction of the Cooper Place Steps. 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 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 specifications which have been prepared therefore 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 Revenue Sharing Fund. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 16th day of May, 1977 RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as prnPosed, by the City Council this 6th day of June, 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 final adop- tion of .the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECI- FICATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 170-77 WHEREAS, proposed plans and specifications and form of contract for the construction of the Cooper Place Steps have been approved by the City Council of the City of Dubuque and 263 Regular Session, June 6, 1977 public notice given as provided by Chapter 384 the Code of Iowa, 1975 pertaining to public contracts 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 6th day of June, 1977: and WHEREAS, the City Council met in regular session this 6th day of June, 1977, at}: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 an.d 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 been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretOfore approved are herebyadotped. BE'IF FURTHER RESOLVED that this tesolution 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 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen No. 154-77 which was duly passed by this Council for the construction of the Cooper Place Steps. 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 adotpted and now on fiie 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 Revenue Sharing 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 6th day of June, i977. 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. A RESOLUTION authorizing the City Manager to cause the structure of311 S. Locust Street to be dismantled and removed, declared to be dangerous to life, healtb, and nuisance, presented and read. Councilman Pregler moved that the resolution be set for a public hearing before the Board of Health on June 20, 1977 at 7:00 P.M. in the Council Chamber and City Clerk to publish no- tice. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Bady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 172-77 Authorizing submission of a Request for Release of Funds for certain Community Development Block Grant Projects 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. (Ordering Construcllon) RESOLUTION NO. 171-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on May 264 Regular Session, June 6, 1977 10, 1977, and cOlnpleted an Environ- mental Assessment of the following identified proposal (project) with Com- munity Development Block Grant funds: and Removal of Architectural Barriers For An Adult Day Care Center WHEREAS, pursuant to Resolution No. 151-77 adopted May 16, [977, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was published May 18, 1977, in the Dubuque Telegraph He- rald, a newspaper of general circulation. and provided for a public comment period until 12:00 Noon, Friday, June 3, 1977: and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was sent by regular mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appro- priate to receive such a Public Notice: and WHEREAS, any and all objectives, if any, to such proposals have been duly considered: and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified project: now therefore BE IT RESOLVED BY THE City Council of the City of Dubuque, iowa: Secllon 1. That the Environmental Review Record for the proposal (project) shall continue to remain on file in the Office of the City Clerk, which said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment on June 16, 1977, a request for release of funds to undertake the said Project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to aSSume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environ- mental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environ- mental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute a Cer- tification pertaining to the environ- mental review procedures. Secllon 6. That the City Clerk be and he is hereby authorized and airected to publish a Public Notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City ofDubuque intends to file a request on June 16, 1977 for Release of Funds for Certification of the following identified project to be undertaken with funds made available under Title I of the Housing and Community Development Act of1974. Removal of Architectural Barriers For An Adult Day Care Center The City of Dubuque has made an Environmental Review Record for the project, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Central Streets, Dubuque, Iowa, where--said records may be ex- amined and copied between the housrs of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM,on the 30 day of June, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Emil Stackis. The mailing address for both the applicant and the Chief Ex- ecutive Officer is City Hall, 13th and Central Streets, Dubuque, Iowa. The City of Dubuque wi\1 undertake the project described above with block grant funds from the U.S. Department Regular Session, June 6, 1977 265 of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Emil Stackis. in his official capacity as Mayor, consent to accept the jurisiðc- tion of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action: and that these responsibilities have been satis- fied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the block grant funds and HUD wi\1 have satisfied its respon- sibilities under the National Environ- mental Policy Act of 1969. HUD wi\1 accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following basis: (a) That the certifica- tion was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD: or (b) that applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process. Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and may be addressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha. Nebraska 68106. Objections to the release of funds on basis other than those stated above wi\1 not be considered by HUD. No objection received afterthe30th day of June, 1977, will be considered by HUD. 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. 173-77 Recognition of a Neighborhood Or- ganization for Membership on the Community Development Commission WHEREAS, there has been estab- lished within the City of Dubuque a Community Development Commission to assure that a fair representation of the residents of the City of Dubuque participate in the continuous process of planning, programming and evaluating the Community Development Block Grant Program: and WHEREAS, the Community Development Commission provides for representation from neighborhood or- ganizations in numbers based upon their relationship to area in which Community Development Block Grant activities are to be undertaken: and, WHEREAS, the West End Neighbor- hood Association has petitioned the City Council for recognition and par- ticipation on the Community Develop- ment Commission, and has satisfactori- ly demonstrated its ability to represent the residents of their neighborhood. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That based upon the recommendation of the Community Development Commission at the regular meeting of May 10. 1977, the following neighborhood organization is entitled to one (I) representative for membership on the Community Development Commission. West End Neighborhood Association, bounded on the north by Asbury Road, on the south by Stoneman Road, on the east by John F. Kennedy Road and on the west by Radford Road. Passed, adopted and approved this 6th day of June, 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. 174-77 WHEREAS, the City of Dubuque, Iowa has purchased certain two parcels of real estate from Timothy K. Breitbach and Mary Vincentia Breitbach, as a park project under the Community Develop- ment program: and WHEREAS a Warranty Deed dated the 31st day of May, 1977 has been delivered to City of Dubuque, Iowa and that said delivery should be accepted: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Warranty Deed, dated May 31, 1977, wherein Timothy K. Breitbach and Mary Vincentia Breit- bach as grantors convey to the City of Dubuque, Iowa. 266 Regular Session, June 6, 1977 Lot 10 and Lot 6 in Mary Ann McDaniel's Subdivision of City of Du- buque, Iowa be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 16th day of May, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler 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. Proof of Publication, certified to by the Publisher of Notice of Pendency and Resolution of Necessity on plans, specs., etc. for the construction of addi- tion of 300 Parking Spaces and related facilities at 7th and Iowa Sts., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Necessity for Improvement) RESOLUTION NO. 158-77 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the Addition of 300 Parking Spaces and Related Facilities at the Iowa Street Parking Ramp, 7th and Iowa Street, Dubuque Iowa. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECI- FICATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 175.77 WHEREAS, proposed plans and specifications and form of contract for the Addition of 300 Parking Spaces and Related Facilities at the Iowa Street Parking Ramp 7th and Iowa, Dubuque, Iowa have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 the Code of Iowa, 1975 pertaining to public contracts, 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 6th day of June, 1977: and WHEREAS, the City Council met in regular session this 6th day of June, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or Regular Session, Jttne 6, 1977 267 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 havo been duly weighted and considered: now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved 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- maneJlt record in connection with said improvement. Passed, adopted and approved this 6th day of June, 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. 176-77 A Resolution changing the bid dale for Proposals for Construction of an Addition to the Iowa Street Parking Ramp WHEREAS, the City Clerk, in Re" solution No. 159-77 was directed to ad- vertise for proposals for construction of an addition to the Iowa Street Parking Ramp: and WHEREAS, such notice has been preliminarily published stating that bids for an addition to the Iowa Street Parking Ramp will be received until 10:00 a.m., C.D.S.T., on the 27th day of June, 1977: and WHEREAS, it appears advantageous for the City to delay the bidding date until 10:00 a.m., C.D.S.T., on the 29th day of June, 1977. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. The public notice for No- tice to Bidders be amended to state that sealed proposals will be received by the City of Dubuque at the office ofthe City Clerk, City Hall, Dubuque, Iowa until 10:00 a.m" C.D.S.T., on the 29th day of June, 1977 for construction of an addi- tion to the Iowa Street Parking Ramp. Section 2. That the City Clerk be directed to advertise for proposals in accordance with the requirements of the Code of Iowa, 1975, or as amended. Section 3. That the architect for the project be directed to notify by certified mail the change in the bidding date, all contractors that have secured plans and specifications. Passed, approved and adopted this 6th day of June, 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. Çarried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. May 17, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed two final plats, both in "Timber Ridge" Ad- dition in the City of Dubuque, Iowa, and are depicted on the attached maps. The first plat divides Lot A of Block 5 into Lots I and 2 ofLot A of Block 5: and the second plat divides Lot 2 of the subdivi- sion of Lot A of Block 5 into Lot I and Lot 2 of Block 7. The subject properties lie on either side of westerly extension of June Drive. The Planning and Zoning Commis- sion has found both final plats to be in conformance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque, Iowa. The Com- mission recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development 268 Regular Session, June 6, 1977 Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by tbe following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 177-77 RESOLUTION Approving Plat of the Subdivision 01 Lot A, Block 5 in Timber Ridge Addition In the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa is platted as: Lot I of Subdivision of Lot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa, and Lot 2 of Subdivision ofLot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa, and WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon: and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of June, AD., 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 178-77' Resolution Approving Plat of Block 7 in Timber Ridge Addition In the City of Dubuque, Iowa, WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of Lot A, Block 5 in Timber Ridge Addition in the City of Dubuque, Iowa is plated as: Block 7 in Timber Ridge Addition in the City of Dubuque, Iowa. and WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon: and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, IoWa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 179-77 Resolution approving the Plat of Block 7 In Timber Ridge Addition In the City 01 Dubuque, Iowa. WHEREAS, there has been filed with tbe City Clerk a plat of the Subdivision to be known as Block 7 in Timber Ridge Addition in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel, husband and wife and WHEREAS, upon said plat appear streets to be known as June Drive, together with certain public utility ea- sements which the Owners by said plat have dedicated to the public forever: and WHEREAS, said plat has been ex- amined by tbe 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 -,....".......,-"..__.~~~.- --,.. -.. Regular Session, June 6, 1977 269 and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed: NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the dedications of June Drive together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted: Section 2. That the plat of Block 7 in Timber Ridge Addition in the City of Dubuque, Iowa, be and the same is bereby 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 June Drive with bi- tuminous 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- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa: i. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, husband and wife, as owner: j. To construct said improvements, except sidewalks and street lighting prior to June 6, 1978 and to construct the sidewalks and street lighting prior to June, 1979 and further provided that said Richard C. Henschel and Mildred L. Henschel, husband and wife, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Richard C. Henschel and Mildred L. Henschel, 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 call this 6th day of June, AD" 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 179-77 We, the undersigned Richard C. Henschel and Mildred L. Henschel hav- ing read the terms and conditions of the foregoing Resolution No. 179-77 and being familiar with the conditions ther- eof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 6th day of June, 1977. Richard C. HenschelMildred L. Henschel TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 179-77 has been furnished by the owners. Dated at Dubuque, Iowa, this 18th day of July, 1977 Gilbert D. Chavenelle City Manager 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. May 10, 1977 Honorable Mayor and Councilmen :I!ill : Ifln; lilll 270 Regular Session, June 6, 1977 The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 5 of Block I: Lots I through 12 of Block 2: Lots I through 3 of Block 3: and Block 4, all in "Equestrian Heights" Subdivision in the City of Dubuque, Iowa. Tbe property abuts the northeast boundaries of property on Hickory Hill on tbe east side of Carter Road, and extends south toward Kane Street. The Planning and Zoning Commis- sion has found the plats to be in confor- mance with the Subdivision Regula- tions and Zoning Ordinance of the City of Dubuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger 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. 180-77 Resolullon approving the Plat of Equestrian Heights Subdivision No.1 In tho City of Dubuque, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Equestrian Heights Subdivision No.1 in the City of Dubuque, Iowa, by: Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, Owners, subject to easements of record and according to the recorded plats thereof of part of Lot 2 of Lot 2 of St. Mary's Place in the City of Dubuque, Dubuque County, Iowa: and WHEREAS, upon said plat appear streets to be known as Arabian Trail, Clydesdale Court, Palomino Circle together with certain public utility ea- sements 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 thereof: and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances realting thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Section 1. That the dedications of Arabian Trail, Clydesdale Court, and Palomino Circle, together with 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 Equestrian Heights Subdivision No.1 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 Arabian Trail, Clydesdale Court, and Palomino Circle with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Dubuque stan- dard 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 construct all improvements in compliance with any and all applicable City of Dubuque Specifications and as approved by the City Engineer: g. To maintain the foregoing im- provements for a period of Four (4) years from the date of their acceptance by the City of Dubuque, Iowa: h. To provide the foregoing con- struction and maintenance at the sole expense of the Developer and Sub- divider, Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A Swift, his wife, as Owners: i. To construct said improvements, except sidewalks, prior to June 6, 1978, and to construct the sidewalks prior to June 6, 1979. j. To install in accordance with City Specifications, boulevard street lighting within 30 days after the completion of the adjacent curb and gutter within any particular section of the proposed Sub- division: and further provided that said Regular Session, Jttne 6, 1977 271 Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A Swift, his wife, as Owners of said Sub- division, secure the perforroance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A Swift, his wife, as Owners of said Subdivision 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 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 un- animous recorded roll call this 6th day of June, AD., 1977 Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 180-77 We, the undersigned Gerald P. Swift, owner Diane M. Swift, his wife and Thomas P. Swift, owner, Carole A. Swift his wife having read the terms and conditions of the foregoing Resolution No. 180-77 and being familiar with the conditions of thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 9th day of June. 1977 Gerald P. Swift Owner Diane M. Swift Wife and Thomas P. Swift Owner Carole A. Swift Wife To: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 180-77 has been furnished by the Owners. Dated at Dubuque, Iowa this 1st day of July, 1977. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 3, 1977 Honorable Mayor and City Council Attached is a resolution amending our Fiscal Year 1977 budget. This amendment is necessary to re- flect employee expense covered by the Comprehensive Employment Training Act. State Code stipulates that proposed amendments must be published and a public hearing held. Therefore, you are requested to set a date for a public hearing and adopt a resolution authorizing the City Clerk to publish proposed amendments and date of public hearing. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the folloWing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 181-77 A Resolution Directing the City Clerk to Publish Proposed Amendments to the Fiscal Year 1977 Budget and Date of PublIc Hearing WHEREAS, amendments are proposed to the FY '77 Budget: and WHEREAS, Section 384.16. Code of Iowa stipulates that public hearing must be held on budget amendments. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa: That they hereby direct the City Clerk to publish proposed amendments to the FY '77 Budget and date of public hearing. Passed, adopted and approved this 6th day of June, 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 resolution and public hearing be set for June 20, 1977 at 7:30 o'clock P.M. in the Council Chambers. Seconded by Coun- 272 Regular Session, June 6, 1977 cilman Wertzberger. Carried by the foi- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of City Manager ad- vising that Tri-State Paving was the low bidder for construction of Main Street lights from 1st to 4th Street (forwarded from meeting of May 16, 1977), present- ed and read. Jim Duggan of Light Company gave verbal report on available light fixtures. Councilman Wertzberger moved that I the communication and entire project be tabled to the next Meeting. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 182-77 Authorizing the Execution of a Con- tract for Audit Services lor the 1 st and 2nd Year Community Development Block Grant Funds under Grant Agreements B-75-MC-19-0004 and B-76 -MC-19-0004 with the Department of Housing and Urban Development WHEREAS, under Title I of the Housing and Community Development Act of 1974 the City of Dubuque is required to procure an audit by an in- dependent Public Accountant of tbe accounts and records pertaining to Grant Agreements B-75-MC-19-0004 and B-76-MC-19-0004 and WHEREAS, proposals were solicited to provide such services in accordance with generally accepted auditing stan- dards and the auditing and reporting requirements of the Department of Housing and Urban Development: 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 enter into a Contract for Audit Services for the 1st and 2nd year Com- munity Development Block Grant Funds, with O'Connor, Brooks and Co. at a cost estimated not to exceed $550.00. Passed, approved and adopted this 6th day of June, 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. May27,1977 Honorable Mayor and City Council At this time last year, we were invited to submit an application for a $10,000 Planning Grant through the Section 701 Comprehensive Planning Assistance Program of HUD. We have been unable to undertake the staff work proposed in our initial grant program and have received approval to reallocate the grant funds to a different work program. We have preliminary authorization to pursue an environmental assessment element for the urban area land-use plan and propose to undertake such work with consultant assistance. John M. Roberts and William Gundman, faculty members of the Landscape Architecture Department at Iowa State University, have offered to serve as consultants on this project. We have prepared a proposed contract and have attached those parts of it describing the scope of services we would like to accomplish. The consultant expense will be fully paid from the 701 Grant. the I> project cost that is required as local match will be made in the form of staff assistance to the project. We seek your approval of the at- tached Resolution authorizing the City Manager to enter into the amended 701 Grant Contract for consultant assistance. . Daniel Dittemore Director Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 183-77 Resolution Authorizing the City Man- ager to Enter Into a Contract for Consultant Assistance in the Sec- tion 701 Comprehensive Planning Assistance Program WHEREAS, the City of Dubuque, Iowa, is ~ sub-grantee in receipt of a Regular Session, June 6, 1977 273 $10,000 grant in the Section 701 Com- prehensive Planning Assistance Pro- gram administered by the Department of Housing and Urban Development: and WHEREAS, a form of contract and grant sub-contract have been prepared to enable the City of Dubuque to ad- minister a $10,000 Comprehensive Planning Assistance Grant in support of certain eligible work items: and WHEREAS, said grant sub-contract has identified the Design Collaborative of Ames, Iowa, as consultant to under- take certain studies and investigations in preparation of an environmental as- sessment element of the Dubuque Area Comprehensive Plan, NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Manager is hereby authorized to enter into such contracts or sub-contracts as shall provide for the receipt of federal finan- cial assistance in the amount of $10,000 through the Section 701 Comprehensive Planning Assistance Program, specifically for purposes of undertaking a consultant-aided. study of a environ- mental assessment element for a Dubuque Area Comprehensive Plan. Section 2. That said sub-contract is hereby authorized to be executed between the City of Dubuque, Iowa, and the Design Collaborative of Ames, Iowa, for purposes specified herein. Passed, adopted and approved this 6th day of June, 1977. EmilStackis 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. Communication of Councilmen Pre- gler and Tully submitting a resolution on the subject of Housing Code Enfor- cement, presented and read. Council- man Wertzberger moved that the com- munication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of League of Women Voters in support of Councilmen Pre- gler and Tully's stand on enforcement of existing housing code, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 184-77 WHEREAS it is the goal of the Dubuque City Council that adequate and sanitary housing be made available to all Dubuquers in accordance with the provisions of the Dubuque Housing Code, and WHEREAS some dwelling units in the city of Dubuque obviously do not meet minimum acceptable standards as set down in the Dubuque Housing Code, and WHEREAS, the City of Dubuque has adequate power and authority to en- force the housing code of the city of Dubuque, and WHEREAS the Department of Hous- ing and Urban Development has made available monies to assist low income families in the city of Dubuque to ac- quire adequate housing, NOW THEREFORE BE IT RE- SOLVED that the City Council of the City of Dubuque 1. Has determined that vigorous and strict enforcement of the housing code of Dubuque, Iowa is a top policy prior- ity: 2. Directs that staff take immediate steps to ensure that all dwellings within the city of Dubuque conform to the housing code with particular emphasis given to a. All dwellings occupied by recipients of housing subsidies b. All single and multiple-family rental unit occupied by low-income and elderly persons 3. Directs the City Solicitor to cooperate to the fullest extent in the vigorous implementation and prosec- ution of this program. 4. Directs the City Manager and the Housing Commission to develop a pro- gram for the temporary housing of per- sons displaced by code compliance activities 5. Directs the City Manager and the Housing Commission to develop and execute a publicity and public informa- tion campaign outlining the program 6. Directs the City Manager to dev- 274 Regular Session, June 6, 1977 elop a plan and an ordinance concerning pre-sale inspection of existing used housing units for review by the City Council in not more than 90 days 7. Directs the City Manager and Housing Commission to submit month- iy reports to the City Council in writing concerning the progress of this program. 8. Directs the City Manager to take into account the high priority given housing code enforcement in planning for present and future budgets. Passed, adopted and approved this 6th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully. Nays Wertzberger. Councilmen Brady, June I, 1977 Honorable Mayor and Members of the City Council Please find attached a Resolution and Attachment for your approval of proposed changes in the Housing Rehabilitation Program guidelines. These changes have been proposed to enable the Rehab Program to approve grants for applicants whose income is no more than half of the average income in Dubuque, The current maximum in- come is much less than the proposed maximum. The effect of this change will be to allow more people to be eligible for Conditional Repair Grants. This change is necessary because people excluded from qualifying for a grant under the current maximum still have incomes which are too low for them to obtain the necessary repair money through a loan, since they can't afford to repay the loan. Many of the people affected by this change are on pensions, and cannot take on the financial obligation of a loan. These changes will allow the Rehab Program to approve many more ap- plications, serve the City more effec- tively, and yet remain financially sound. Therefore, on behalf of the Rehabilita- tion Commission, I request your ap- proval of this resolution. DUBUQUE HOUSING REHABILITATION COMMISSION Bruce L. Cowhig Secretary Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 185-77 A Resolution Amending Resolution No. 87-77 so as to change Income Requirements and Grant Limits for Concentrated Rehabilitation Grants WHEREAS, Resolution No. 87-77 has established guidelines for the adminis- tration of the Community Development Housing Rehabilitation Program: and WHEREAS, initial experience with these guidelines indicates the need for changes to make certain requirements more realistic and better able to address the needs of potential clients of the Rehab Program: and, WHEREAS, the Rehabilitation Com- mission has reviewed these proposed changes and recommends that they be approved, NOW, THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the guideline changes listed on Attachment "A" be and hereby are approved as listed. Passed, adopted, and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Jamès E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ATTACHMENT "A" CHANGES TO CONDITIONAL REPAIR GRANT GUIDELINES Paragraph 3.1 and 4.1: Change 25% to 50% so that the sentence reads: If the verified income of the applicant's hou- sehold is 50% of the Dubuque average income, or less, that applicant should be considered for a Conditional Repair Grant. Paragraph 4.2: Add the following: On appeal to the Rehabilitation Commis- sion by the Rehabilitation Supervisor, -- Regular Session, June 6, 1977 275 the Conditional Repair Grant may be more than $5,000 if approved by the Commission. Paragraph 6.1: Change 25% to 50% so that the sentence reads: An applicant whose income is more than 50% of the average income in Dubuque, and who has been turned down for loans by three lending institutions, in eligible for a direct loan from the Rehab Program. Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June I, 1977 Honorable Mayor and Members of City Council The enclosed resolution provides for a matching grant from the North East Iowa Area Crime Commission to permit the attendance of Captain John Mauss of the Police Department to attend a Criminal Code Revision Conference. The local share of the grant is $11.04 and is computed as follows: Federal State Local $216.00 12.96 11.04 $240.00 Gent M. Wittenberg Assistant City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. MATCHING RESOLUTiON NO. 186-77 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed bere- tofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Amount of Funds Being Provided Title of Prolect Law Enforcement Training $11.04 Passed tbis 6th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waiter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 1, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of property owned by the Manternach Development Company which lies west of Peru Road south of Terrace Heights Mobile Home Park in the City of Dubuque, Iowa. The final plat is depicted on the at- tached map and is described as Lot I, Lot 2, and Lot 3 of the subdivision of Lot I of Lot 1 of Lot I of the Northwest \4 of the Southwest \4 of Section 12, T89N, R2E of the 5th P.M. The Planning and Zoning Commis- sion has found the final plat to be in conformance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa, 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. 187-77 Resolution approving the Plat of the Subdivision of Lot 1-1-1 of the NW'I. 01 the SW'I. of Section 12, Township 89 North, Range 2 East of the 5th P.M., In the City 01 Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot 1 of Lot I of Lot I of the North- west Quarter of the Southwest Quarter of Section 12, Township 89 North. Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, by Myrtle Rogers, Thomas J. Manternach, and Cecilia M. Manternach: and ~WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereof: and 276 Regular Session, June 6, 1977 WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Secllon 1. That the plat of the Sub- division of Lot I of Lot I of Lot I of the Northwest '4 of the Southwest % of Section 12, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Duhuque, 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. Passed, adopted and approved by un- animous recorded roll call this 6th day of June, AD., 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 187-77 We, the undersigned Myrtle Rogers, Thomas J. Manternach and Cecilia M. Manternach having read the terms and conditions of the foregoing Resolution No. 187-77 and being familiar with the conditions thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 8th day of June, AD., 1977 Myrtle Rogers Thomas J. Manternach Cecilia M. Manternach Councilman Pregler moved adoption of this Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June 1, 1977 To the Honorable Mayor and City Council I am asking your approval on the tentative three year street construction program. This program must be submitted to the state by June 10, 1977 in order to received our share of the State Gasoline Tax Refunds. This program may be changed at an- ytime at your discretion. The cost of these programs is within our proposed budgets for the future. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. RESOLUTION NO. 188-77 Resolution approving a Tentative Three Year Street Construction Program and Submitting same to the Iowa Department of Transportation WHEREAS, the office of the City Engineer has prepared, in accordance with instructions from the City Man- ager, a Tentative Street Construction Program for the years 1977, 1978 and 1979: and WHEREAS, said construction pro- gram shall be filed with the Iowa Department of Transportation by June 10, 1977 for the purpose of allocating Road Use Taxes to Municipalities: and WHEREAS, this Council has reviewed the Tentative Street Con- struction Program of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Du~uque, Iowa, that the Tenta- tive Three Year Street Construction Program for the years 1977, 1978 and 1979 as prepared by the City Engineer, he and the same is hereby approved and the City Manager is hereby directed to forward the required documents to the Iowa Department of Transportation. Passed, adopted and approved this 6th day of June, 1977 Emil Stackis Mayor Thomas A TullyJr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Regular Session, June 6, 1977 277 June I, 1977 The the Honorable Mayor and City Council As a prerequisite to receiving Federal Aid to Urban Systems funds for the signalization of the 20th Street from Central to Elm it is necessary that of- ficial notice be publish that the City is requesting approval from the Federal Highway Administration on the "Loca- tion and Design" of the proposed work. The attached resolution authorizes the City Clerk to publish such notice of the City's intent and a brief description of the scope of work. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 189-77 WHEREAS, the City of Dubuque has applied to the Iowa Department of Transportation for funding on the sig- nalization of 20th Street fròm Central to Elm: and WHEREAS, the Iowa Department of Transportation has reviewed the ap- plication and is requesting Federal Highway Administration approval of the "Location and Design": and WHEREAS, it is required by the Federal Highway Administration that Public Notice be given that the Iowa Department of Transportation is apply- ing for approval of the Location and Design Study. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the City Clerk shall publish said notice as shown on the attached "Exhibit A". Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk "EXHIBIT A" Official Notice of "Location and De- sign" Approval Request in RE: Sig- nalization of 20th Street from Central to Elm, Federal Aid to Urban Systems Project Number M-292l (1)-81-31. TO WHOM IT MAY CONCERN: Notice is hereby given to all interest- ed persons that the Iowa Department of Transportation is requesting "Location and Deisgn" approval from the Federal Highway Administration on the above described project as follows: LOCATION AND DESCRIPTION: The proposed project includes the replacement of the existing traffic ac- tuated controllers at Central, White and Jackson with new fixed time con- trollers. The intersection of 20th and Elm will be signalized and all four inter- sections will be interconnected to a master controller located at Central Avenue. Drawings and specifications are available for public viewing at the office of the City Engineer, City Hall, Dubuque, Iowa. Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. May 17,1977 To the Honorable Mayor and City Council 1 hereby submit the Alta Vista Street Curb and Gutter Replacement Project from Kirkwood Street to Vernon Street. Submitted June 6, 1977 Michael A Koch City Engineer Mayor Mayor Stackis 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. 190-77 Approving the preliminary plans, specs., form of contract etc., for the construction of the Alta Vista Street Curb and Gutter Replacement Project from Kirkwood Street to Vernon Street, in the estimated amount of $14,386.79, presented and read. Mayor Stackis 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. 191-77 WHEREAS, proposed plans, specifications, form of contract, plat and C-"-""'-'~-,'CM-~,'~~, . -"- 278 Regular Session, June 6, 1977 schedule have been duly prepared and approved by the City Council ofthe City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improvement, and the size and kine of curb and gutter. 3. An estimate of the cost of the proposed improvement, for the Alta Vista Street curb and gutter re- placement project from Kirkwood Street to Vernon Street. BE IT THEREFORE RESOLVED that the City Council on Its own motion or upon petition of property owners, deems It advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of fund 03-1022-2403. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of June, 1977. from Kirkwood Street to Vernon Street and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 20th day of June, 1977, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objec- tion to the proposed plans' and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the first of which shall not be less than ten days prior to the day fixed for its consideration and unless property owner at the time of final consideration of said resolution have on file with the Clerk objections, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Approved Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Council Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None. (Ordering Construction) RESOLUTION NO. 193-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a resolution of necessity No. 191-77 which was duly passed by this Council, for the Alta Vista Street curb and gutter replacement project from Kirkwood Street to Vernon 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 ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved approval of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Fixing date of hearing) RESOLUTION NO. 192-77 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 191-77 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the Alta Vista Street curb and gutter replacement project Regular Session, June 6, 1977 279 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- provements be paid from Fund 03-1022-2403 after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED THAT THE City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be conpleted on or before 30 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 6th day of June, 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 Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 194-77 WHEREAS, it is proposed to install concrete curb and gutter with asphalt paving on Windsor Avenue from Davis Avenue to the northerly property line of Stone Hill Community Subdivision No. I: and WHEREAS, the City desiresthewidth of Windsor Avenue to be 36 feet from face to face of curb: and WHEREAS, it bas been the City's policy to pay the extra cost of widening a street beyond the normal residential width of 30 feet: and WHEREAS, the City's portion shall be approximately $15,000 based upon unit prices, however, in no case shall the amount be greater than $15,000. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Secllon 1. That the improvement of Windsor Avenue from Davis Avenue to a point 2232 feet northerly which is the northerly property line of Stone Hill Community Subdivision No. I be fin- anced by City funds for the cost of extra width and depth of paving in an amount not to exceed $15,000. Section 2. Upon billing, filed with the City Engineer's office, the City will reimburse the subdivider the said amount for the expense of the paving of Windsor Avenue. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO.195.77 WHEREAS, it is proposed that Cedar Cross Road will be improved with 14" of basestone, double sealcoat, curb and gutter, which improvement on said roadway shall commence at the south property line of Lot 3 of Hansel's Addi- tion and terminate at the south property line of Lot 1-1-1 Cedar Ridge Farm south of Cedar Cross Road in Dubuque Township, Dubuque County, Iowa and which improvements are proposed to be made by Doctor Julian Nemmers the Developer: and WHEREAS, it has been agreed by and between Dubuque County, Iowa and City of Dubuque, Iowa that the cost of the stone and sealcoat be borne and paid for by Dubuque County and the City of Dubuque, Iowa: and WHEREAS, the City's portion shall be half the cost of the improvement, but not to exceed $18,769. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the improvement of Cedar Cross Road with a 14 inch stone base and double sealcoat is hereby ap- proved, and that the payment of the City's share of such improvement, in an amount not to exceed $18,769 shall be made to Dubuque, County, Iowa upon billing filed with the City Engineer's Office. 280 YeaS - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO.197-77 Approval of preliminary estimate, plans, specs., form of contract, etc., for the construction of 1977 Asphalt Paving Project No.1, in the amount of $230,992.28, presented and read. Mayor Stackis moved adoption of the resolu- tion. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Necessity for Improvement) RESOLUTION NO.198-77 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among otber things the following: 1. The assessment limits, if any. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by tbe council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBOQUE 1977 ASPHALT PAVING PROJECT NO.1 1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Davis Avenue from the W.P.L. of Lot 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2-3-Balance 3 of St. Francis Subdivision. 4. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 5. Lowell Street from the E.PL of Foye Street to the W.P.L. of N. Main. 6. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 7. Roosevelt Road from the N.P.L. of Lot 6 ofPeils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307 A. 8. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 9. Wilbur Street from the E.PL of Regular Session, June 6, 1977 Regular Session, June 6, 1977 281 Section 2. The expenditure of funds for the improvement of Cedar Cross Road is deemed in the public interest. Passed, adopted and approved this 6th day of June, 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 Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. May 26, 1977 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to 8, inclusive, showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1977 Asphalt Paving Project No.1. Submitted June 6, 1977. Michael A. Koch, P.E. City Engineer 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. RESOLUTION NO.196-77 BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa Section 1. That the attached sheets No. I to 8, inclusive, are hereby deter- mined to be the schedule of proposed assessments for the City of Dubuque 1977 Asphalt Paving Project No. I, and the valuations set out therein are hereby approved. Adopted this 6th day of June, 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 Pregler. Carried by the following vote: Spruce Street to the E.P.L. of Grove Terrace. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con. structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Fund. Street Bonds shall be issued and sold in anticipation of deferred payments of assessments when a con- tract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of June, 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 approval of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Fixing date of hearing) RESOLUTION NO. 199-77 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolu- tion No. 198-77 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE 1977 ASPHALT PAVING PROJECT NO.1 1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom. 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street. 3. Davis Avenue from the W.P.L. of Lot 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2-3 Balance 3 of St. Francis Subdivision. 4. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View". 5, Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main. 6. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 7. Roosevelt Road from the N.P.L. of Lot6 ofPeils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307 A. 8. UniversityAvenuefromtheE.P.L.of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition. 9. Wilbur Street from the E.P.L. of Spruce Street to the E.PL of Grove Terrace. WHEREAS, the proposed Resolution of Necessity for said improvement has been intruducted and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 5th day of July, 1977, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contact and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby dir- ected to cause a notice of the time and place of such hearing to be published twice in some newspaper published in the city of Dubuque, the first of which shall be not less than 10 days prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, 11111 282 Regular Session, June 6, 1977 Regular Session, June 6, 1977 283 they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Asbury Springs Subdivison No.2 in the City of Dubuque, Iowa, by Paul W. Powers and David J. Powers, Partners of Powers Land Company, an Iowa General Partnership, of Dubuque, Dubuque County, Iowa, and Maureen K. Powers, Wife ofDavidJ. Powers: and WHEREAS, the owners, with consent of all public utility companies further vacate the existing easements within the area of Lots 7 and 8 in Block 1 of Asbury Springs Subdivision No.2 in the City of Dubuque, Iowa: and WHEREAS, said plat and vacation of existing easements has been examined by the City Planning & Zoning Com- mission and had its approval endorsed thereon, and WHEREAS, said plat and vacation of existing easements has been examined by tbe City Council and they find that the same conforms to statutes and or- dinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the vacation of said existing easements and the dedication of the new easements for public utilities as the same appear upon said plat, be and the same are hereby accepted. Section, 2. That the plat of Lots I, 2, and 3 of the Subdivision of Lots 7 and 8 in Block I of Asbury Springs Subdivi- sion No.2 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. Passed, adopted and approved by un- animous record roll call this 6th day of June, A.D., 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen received and filed. Seconded by Coun- cilman Wertzberger. Cariried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 201-77 WHEREAS, there has been submitted a plat of the Subdivision of Lot 1 of Lot I of Mineral Lot 106 in the City of Dubuque, Iowa: and of the Subdivision of Lot 3, Block 2, Railroad Addition to Dubuque in the City of Dubuque, Iowa: and of the Subdivision of Lot I of Lot 4, Block 2, Railroad Addition to Dubuque, in the City of Dubuque, Iowa: and of Subdivision of Lot 1 of Lot 304, East Dubuque No.2, in the City of Dubuque, Iowa: and of the Subdivision of Lot 2 of Lot 305, East Dubuque No.2, in the City of Dubuque, Iowa: and of the Subdivi- sion of Lot "B" of Lot 1 of Lot 305, East Dubuque No.2, in the City of Dubuque No.2, in the City of Dubuque, Iowa: and of the Subdivision of Lot I of Vacated Maple Street north of 18th Street in the City of Dubuque, Iowa: and prepared by Carl F. Bartels, licensed professional civil engineer and bearing date of June 4, 1975: and WHEREAS, said plat has been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa: and WHEREAS, said subdivision plat conforms to the statutory requirements of the State of Iowa and the Ordinances of the City of Dubuque, Iowa and same should be approved. ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. May 16, 1977 Honorable Mayor and Councilmen Z~~~g C~~mo~i~~~:hu:s ~~~~::e~ ~~~ final plat of the subdivision of Lots 7 and 8 of Block I of Asbury Springs Subdivi- sion No.2, to become Lots 1,2 and 3 of that subdivision. The property lies at the northeast corner of the intersection of Hillcrest Road and Judson Dirve in the City of Dubuque, Iowa. The Commission has determined that the final plat is in conformance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackls moved that the com- munication 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. 200-77 Reoolulion Approving the Plat of Lots 1, 2, and 3 of the Subdivioion of Lots 7 ànd 8 in Block 1 of Asbury Springs Subdivision No. 21n the City of Dubuque, Iowa Glen Abernathy Dick Albert Beecher Co., Inc. Beecher Co., Inc. William H. Billikas Birch Oil Co., Inc. Canfield Hotel, Inc. E. R. Carpenter Co. Corbett, Earl Cremer Grocery Co. ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Re.olution. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of City Manager submitting State Audit report for fiscal year from July I, 1975 to June 30, 1976. presented and read. Mayor Stackis moved that the communication be Dubuque Packing Co. J. D. Street & Co., Inc. The Eska Company AdelIa A. Ferring Ronald J. Fens General Cinema Corp. of Iowa Grandview Drug, Inc. Robert W. Grobstick Holiday Oil Dist., inc. Holiday Oil Dist., Inc. Holiday Oil Dist., Inc. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Lots 1,2 and 30f the SubdiviSion of Lots 7 and 8 in Block 1 of Holiday Oil Dist., Inc. Holiday Oil Dist., Inc. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the above mentioned subdivision plat of the above described property be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized to execute said plat for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of June, 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 Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays ~ None. Abstain - Councilman Wertzberger. RESOLUTION NO. 202-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. 900 Dodge St. 90 So. Locust St. 1691 Asbury Rd. 2399 White St. 926 Main St. Jones & Locust Sts. 36 W. 4th St. 9th & Jackson Sts. 408 W. Locust St. 731 Rhomberg Ave. 701 E. 16th St. 55 J.F.K. Rd. 2400 Kerper Blvd. 385E.13thSt. 1121 University Ave. 555 J.F.K. Rd. 486 N. Grandview Ave. 1450 Loras Blvd. 605 Dodge St. 980 Dodge St. 400 Rhomberg Ave. 1685 J.F.K. Road 14th & Central Ave. 284 Regular Session, June 6, 1977 Imperial Lanes, Inc. Robert J. Kehl Joseph Kiefee James J. & Robert D. Klauer Beverly Ann Larsen Leonard Oil Company Sandra Leppeet 3505 Stoneman Rd. 62 Locust St. 2301 University Ave. 1646 Asbury Rd. 1701 Central Ave. 1387 Dodge St. 1103 Iowa St. Eagle Discount Center '" 109 Eagle Discount Supermarket "' 130 Eagle Discount Supermarket "' 144 May's Drug Stme "' 204 Merchants Hotel Herman Meyer Kermit Meyer Shirley Mihalakis Miracle Car Wash, Inc. Norene J. Millman 200 S. Locust St. 1800 Elm St. 3033 Asbury Rd. 3049 Asbury Rd. 304 Main St. 3355 Pennsylvania Ave. 336 Main St. 574 E. 16th St. 255 Locust St. 601 Rhomberg Ave. Nash Finch Company Eugene A. Otting Palmer Drug Co. Thelma Paradiso David Parochetti Pride Seevice. Inc. Pride Service, Inc. Richard J. Ring Riverside Bowl Steven T. Schnee-James D. Murphy Earl Schumacher W.S. Sheppley & Company Earl Tegeler Earl Tegelec Eael Tegeler 190 J.F.K. Rd. 1689 Elm St. 2600 Dodge St. 3050 Asbury Rd. 2600 Dodge St. 280 Locust St. 2175 Çentral Ave. 115 W. 11th St. 1860 Hawthome St. 1902 Central Ave. 2204 Central Ave. One Dubuque Plaza 2850 Buelington St. 620 So. Grandview Ave. 2311 Windsoe Ave. Ray Tschiggfde Walgreen Co. Alice B. Weber Osco Drug Inc. Charles E. Petitgout, Jr. Mathias A. Schneller Transcalle, Inc. Chades F. Adams American Snack, Inc. Dave Beidler 1190 DodgeSt. 555 J.F.K. Rd. 1187 Iowa St. 703 Main St. 2930 Central Ave. 2372 Central Ave. 2260 J.F.K. Rd. 20th & Jackson Sts. 255 J.F.K. Rd. tl22 DodgeSt. Big G. Steak House, Inc. Burger King "' 1100 William F. Dunne Faieway Ford Sales, Inc. Fleckenstein, Ray William Hancock Bert Hillaey Holiday Inn Motel Lows College Albert E. Mohe Plaza 20 1350 J.F.K. Rd. Jones & Locust Sts. 3600 Dodge St. 3275 Central Ave. 2205 Carter Rd. 1413 Rockdale Road 1111 Dodge St. 1550 Alta Vista St. 1281 Dodge St. Chades Nestehy Pondeeosa Steak House Scars-Roebuck Co. Sieloin Stockade. Inc. Gmy Stewmt Suttee 3200 Cenlcal Ave. 2035 J.F.K. Rd. 300 So. Locust St. 1695 .J.F.K. Rd. 9th & Central Ave. 32nd & Jackson St. 3305 Asbury Rd. 1046 Central Ave. Regular Session, Jttlle 6, 1977 285 Vincent W. Mescher William O'Neill Kopples Market, Inc. George K. Arvanitis John F. Glynn Sandra J. Kress Michael J. Lucas, Jr. Allen C. Tressel Ted J. & Georgia A. Heinz Passed, adopted and approved this 6th day of June; 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 Peegler. Carried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 203-77 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 Alice B. Weber, 1187 Iowa Street CLASS "C" BEER PERMIT Beecher Co., Inc" 1691 Asbmy Rd. Beecher Co" lnc" 2399 White St. Passed, adopted and appmved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully JL Richmd Weetzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stack is moved adoption of resolution. Seconded by Councilman Pregler. Cacried by the following vote: Yeas - Mayor Stackis. Councilmen Brady, Peeglee, Tully, Wertzbeeger. Nays - None. RESOLUTION NO. 204-77 WHEREAS, applications foe Bee" 1233 Rhomberg AVe. 55 Locust St. 1098 University Ave. 1958 Central Ave. 760E.16thSt. 1400 Central Ave. 1064 University Ave. 2528 Central Ave. 1278 Central Ave. Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. that the Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Alice B. Weber, 1187 Iowa St. CLASS "C" BEER PERMIT Beechee Co" Inc" 1691 Asbury Rd. Beecher Co.. lnc" 2399 White St. Passed, adopted and approved this 6th day of June. 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzbeegee James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stack is moved adoption of the eesolution. Secondcd by Councilman Pregler. Carded by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays-None. RESOLUTION NO. 205-77 WHEREAS, applications for Liquor Licenses have been submitted to this Council foe approval and the same NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa, that the follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131. Acts of the First Regular Session. 64th Gen- eeal A"cmbly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Post No.6, The Ameeican Legion, 1306 Delhi St. 286 Regular Session, June 6, 1977 Special Session, June 15, 1977 287 Norene J. Millman, (Sunday Sales Only), 601 Rhomberg Ave. J RC, Inc" 431 Rhomberg Ave. Resolution. Seconded by Councilman Pregler. Carried by the followlng vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Councilman Brady on the Legion Only. Communication of Health Officer requesting hearing in the case of Frederick Tippe appealing orders to abate housing violations at 1330 Locust Street, presented and read. Councilman Pregler moved that the communication bereceived and filed and public hearing be held before the Board of Health on June 20, 1977 at 7:00 P.M. ln the Council Chambers in City Hall and City Clerk directed to publish notice. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Richard Henschel addressed the Council requesting sewer money for Valentine Drive. Fred Tippe spoke to Council relative to Housing Code Enforcement. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Leo F, Frommelt City Clerk OFFICIAL Special Session June 15, 1977 Council Met at 4:15 P.M. (C.D.T.) Present - Councilmen Brady, Pre- gler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Mayor Stackls Mayor Pro Tern Brady read the call and stated that service thereof had been duly made and this meeting is called for the purpose of considering resolutions approving applications for preliminary Loan for Low-Rent Public Housing and Authorizing submission of application for the Low-Rent Housing program and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Community Development Director submitting re- solutions approving application and authorizing submission of application for a low-rent housing program pre- sented 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 Pro Tern Brady, Councilmen Pregler, Tully, Wertzberger. Nays - None. Absent - Mayor Stackis. Resolution Approving application for preliminary loan for low-rent housing: Resolution Authorizing and directing submission of application for a low-rent housing program: Resolution of cooperation for 48 units of low rent housing to be developed within the cor- porate limits, presented and read. Councilman Wertzberger moved that the resolutions be tabled until the meeting of June 17, 1977 at 5 P.M. Seconded by Counciiman Pregler. Car- ried by the following vote: Yeas - Mayor Pro Tem Brady, Councilmen Pregler, Tully, Wertzberger. Nays - None. Absent -'- Mayor Stackis. CITY COUNCIL Passed, adopted and approved this 6th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, TUlly, Wertzberger. Nays - Councilman Brady on the Legion Only. RESOLUTION NO. 206-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Post No.6, The American Legion, 1306 Delhi St. Norene J. Millman, (Sunday Sales Only), 601 Rhomberg Ave. J RC Inc., 431 Rhomberg Ave. Approved 1977 Adopted 1977 ..................... Passed, adopted and approved this 6th dayof June, 1977. Emil Stackis Mayor Richard Wettzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Councilmen ATTEST: ORDINANCE NO. 39-77 An Ordinance of the City of Dubuque Iowa providing that the Code of Ordin- ances of the City of Dubuque Iowa, be amended by adding a new section to he numbered Section 2-9 providing that the City Council of the City of Dubuque, Iowa, shall be and act as the Board of Health of the City of Dubuque, Iowa, was presented and read. City Clerk Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Brady, Councilmen Pregler, Tully, Wertzberger. Nays-None. Absent - Mayor Stackis. 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 Pro Tern Brady, Councilmen Pregler, Tully, Wertzberger. Nays-None. Absent - Mayor Stackis. ORDINANCE NO. 39-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY ADDING ASECTlON TO BE NUMBERED SECTION 2-9 PROVIDING THAT THE CITY COUN- CILOFTHE CITY OF DUBUQUE, IOWA SHALL BE AND ACT AS THE BOARD OF HEALTH OF THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT ORDAINED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordin- ances of the City of Dubuque, Iowa be amended by adding a section to be numbered Section 2-9 to provide that; "Sec. 2-9. That the City Council of the City of Dubuque, Iowa be and is hereby estab- lished as the Board of Health in ond for the City of Dubuque, Iowa." Passed, approved and adopted this 15th day of June, 1977. James E. Brady Mayor Pro Tem Walter A. Pregler Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of June, 1977. Leo F. Frommelt City Clerk It6/20 Councilman Pregler moved final adoption of the Ordinance. Seconded by 288 Special Session, June 15, 1977 Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Brady, Councilmen Pregler, Tully, Wertzberger. Nays ~ None. Absent - Mayor Stackis. There being no further business, Councilman Pregler moved to adjourn to 5:00 o'clock P.M. on June 17, 1977. Seconded by Councilman Tully. Carried by tbe following vote: Yeas - Mayor Pro Tern Brady. Councilmen Pregler, Tully, Wertzberger. Nays-None. Absent - Mayor Stackis. Leo F. Frommelt City Clerk Approved Adopted i977 1977 Councilmen ATTEST: City Clerk Special Session, June 17, 1977 289 CITY COUNCIL OFFICIAL Special Session, June 17, 1977. Council Met at 5:00 P.M. (C.D.T.) Present - Councilmen Brady, Pre- gler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Mayor Stackis. Mayor Pro Tern Brady read the call and stated that this meeting is an ad- journed session of the Special Session of June 15, 1977, for the purpose of con- sidering resolutions approving applica- tions for Preliminary Lot for Low-Rent Public Housing and Authorizing sub- mission of application for the Low-Rent Housing program and acting upon such other business as may properly come before a regular meeting of the Council. Mr. Daniel Dittemore City Planner and Director of Community Develop- ment addressed the Council by stressing the need for the program. At the present time there are t9000 households in the City, of that amount 5000 are eligible by virtue of income for Government assis- tance. 2300 also have one or more deficiencies either structurally or over- crowded or paying more than 25% of income for rent. There are 288 large families, 155 owners and 133 renters, and approximately half live in substan- dard housing. Mr. Karl Kohnen addressed the Council by stating that Dubuque has an extremely low fair market rental rate. The problem may not be answered until October. Three or four bedroom units are not readily available. The going rental rate is $212 per month for three bedroom units which includes al- lowance for utilities. Councilman Wertzberger moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councihpan Tully. Carried by the following vote: Yeas - Mayor Pro Tern Brady, Councilmen Pregler. Tully, Wertzberger. Nays-None. Absent - Mayor Stackis. Mr. Erv. Koethe. a half owner of a 52 unit complex on Rhomberg Ave. ad- dressed the Council be stating that his complex was built in 1950. The present rental is froni $175 to $194 per unit. Dubuque has adequate housing. The City seems to be proposing to be indir- ect competition with the private sector. He raised the question why two be- droom units. What we need is four be- droom units. Just remember Govern- ment housing pays no taxes. Doris Hengtgen of the Housing Com- mission stated that we do not have two. three, or four bedroom units available. In her opinion forth eight units would be good. Mr. Wm. Watters also of the Housing Commission stated that the prohlem is with the large families. They have low income and are in need of three or four bedroom homes. . Mrs. Willa Basten employed by Oper- ation New View, stated that housing for larger families is vitally needed. Some discussion was had relative to reducing the number of requested units from 48 to say twenty four or thirty. It was finally decided not to go that route at the present time but rather stick to the original request of 48 units. Mayor Pro Tern Brady requested a motion from the Council relative to the adoption of the various resolutions pre- sented. The Council failed to respond that the matter of application for preliminary loan for low-rent public housing, at this particular time. was considered mute. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Pro Tern Brady, Councilmen Pregler, Tully, Wertzberger. Nays - None. Absent - Mayor Stackis Leo F. Frommelt City Clerk Approved Adopted 1977 1977 Councilmen ATTEST: City Clerk 290 Board of Health Meeting, June 20, 1977 CITY COUNCIL BOARD OF HEALTH OFFICIAL Board of Health Meeting June 20, 1977. Board Met at 7:00 P.M. (C.D.T.) Present - Chairman Emil Stackls Messrs. James E. Brady, Walter A. Pregler, Thomas A. Tully Jr., Richard Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Hearing to Benjamin and Tamara Tucker relative to condition of their building at 311 Locust St., known as Lot 4 of Lot 239 in Union Addn., presented and read. Messr. Tully moved that the proof of publication be received and filed. Seconded by Messr. Wertzberger. Car- ried by the following vote: Yeas - Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 207-77 WHEREAS, the City Manager has reported to the City Council that the buildings and premises located on Lot 4 of Lot 239 in Union Addition, in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Benjamin Tucker, Merchant Hotel, 304 Main Street, Dubuque, Iowa and Tamara Tucker, 451 West 5th Street, Apartment 5, Dubuque, Iowa, 52001 as owners of said property that the condition com- plained of be corrected and that said owner has failed to correct the condi- tions within the time provided by the notice: and, WHEREAS on June 6, 1977, the City Council set said report down for hearing at 7:00 o'clock P.M. Daylight Savings Time in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing: and, WHEREAS it appears by return of service now on file in the records of the City Council that notice of said hearing was given by serving by Registered Mail on June 8, 1977, and by publication in the Telegraph Herald newspaper on June9, 1977,and, WHEREAS pursuant to said notice on order of the City Council a public hear- ing was held at 7:00 o'clock P.M. Daylight Savings Time on June 20,1977, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be hear and witnesses concerning the condition of the proper- ty and hazard was heard: and, WHEREAS, the Council has duly considered the testimony of the wit- nesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the structures known as 311 South Locust, Lot 4 of Lot 239 in Union Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and proþer- ty and a nuisance: Section 2. That the City Manager be and he is hereby authorized and direct- ed to cause the structure known as 311 South Locust Street, Lot 4 of Lot 239 in Union Addition in the City of Dubuque, Dubuque County, Iowa. to be disman- tled and removed. Section 3. That upon completion of said work, the City Manager shall cer- tify the cost thereof to the City Clerk. Section 4. That upon receipt of said certifiCate of cost from the City Man- ager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque County, Iowa, and it shall be collected with and in the same man- ner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Members of Board of Health ATTEST: Leo F. Frommelt City Clerk Messr. Wertzberger moved adoption of the Resolution. Seconded by Messr. Pregler. Carried by the following vote: Yeas - Chairman Stackis. Messrs. Brady, Pregler, Tully, Wertzberger. Nays ~ None. Communication of Richard Feyen, Health Officer, relative to condition of the building located at 1330 Locust Street, presented and read. Messr. Wertzberger moved to su- spend the rules to let anyone present Board of Health Meeting, June 20, 1977 291 address the Council if they so desire. Seconded by Messr. Pregler. Carried by the following vote: Yeas - Chairman Stackis, Messrs Brady, Pregler, Tully, Wertzberger. Nays-None. Richard Feyen addressed the Council stating Proper Notices have been given. Richard Tippe, property owner, pre- sented an appeal. After discussion, Messr. Pregler moved that if corrections are not made within the purview of the Building Commissioner, Mr. Tippe should be cited. Seconded by Messr. Tully. Carried by the following vote: Yeas - Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays-None. June 14, 1977 Honorable Mayor and City Council Since you are constituted as the City of Dubuque Board of Health, you ap- point the Health Director. It is.suggest- ed that at your Boàrd of Health meeting on June 20 that you appoint a Health Director, the appointment being effec- tive July 1. i suggest that Mr. Art Roth he appointed to the position. Gilbert D. Chavenelle City Manager Messr. Tully moved that the com- munication be received and filed and appointment approved effective July I, 1977. Seconded by Messr. Wertzberger. Carried by. the following vote: Yeas -" Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays-None. There being no further business for the Board of Health, Messr. Pregler moved that the Board of Health be ad- journed. Seconded by Messr. Wertz- berger. Carried by the following vote: Yeas - Chairman Stackis, Messrs. Brady, Pregler, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved Adopted ATTEST: City Clerk 1977 1977 Board of Health Members 292 Special Session, Jttne 20, 1977 CITY COUNCIL OFFICIAL Special Session, June 20, 1977 Council met at 7:30 P.M. (C.D.T.) Present - Mayor Stackis, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. 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 Adoption 01 a Re- solution to Fix a Date for the Inltiallon of Proceedings for the Issuance of $850,000. Parking Facilities Revenue Bonds, 1977 Series and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Board of Dock Commissioners submitting minutes of their meetings of May 24, 1977 and June 2,1977, presented and read. Councilman Pregler moved that the minutes 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. Communication of the Housing Commission submitting minutes of their meetings of May 17, 1977 and June 9,1977, presented and read. Councilman Pregler moved that the minutes 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. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of May 31, 1977, pre- sented and read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Planning and Zoning Commission submitting min- utes of their meetings of May 26 and June 1, 1977, presented and read. Coun- cilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stack is, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-None. Communication of Airport Commis- sion submitting minutes of their meet- ing of May 25, 1977, presented and.read. Councilman Pregler moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Five Flags Center Building Committee submitting min- utes of their meeting of June 9, 1977, presented and read. Councilman Pregler 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 Iowa D.E.Q. issu- ing water main and sanitary sewer con- struction permits for Asbury Springs Sub. No.4, presented and read. Coun- cilman Tully moved that the commun- ication be received and filed. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of League of Women Voters submitting names of citizens for possible appointment to the Library Board, presented and read. Councilman Tully moved that the communication be referred to Cauncil. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Leland P. Stocker offering his services to fill possible vacancy on the Library Board, preseut- ed 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, Wertzberger. Nays-None. Communication of Robert D. Klauer advising of complaints received by him from residents on Lawndale St. reiative to breaking up of the street as the result of moving of heavy equipment, pre- sented and read. Councilman Tully, moved that the communication be referred to the City Manager and En- gineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Special Session, June 20, 1977 Communication of Mrs. Darlene Gavin of 687 Alpine St. indicating con- cern and the lack of enforcement of the dog ordinance and mainly in the pro- tection of people, presented and read. Councilman Tully moved that the com- munication be withdrawn as requested. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays-None. June 15, 1977 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the 1977 Code of Iowa, the Civil Service Commission con. ducted Promollonal examintlons on May 26, 1977 lor members on the Police Department for Captains, Ser- geants and Detectives. The following members of the Police Department have passed the written examinations with an average of 70% or better. CAPTAINS. Schneider, Eric Hynes, James Oswald, Cyril Gibson, William Sjobakken, Gerald Kisting, Mark Hirsch, Gerald Lindauer, Edwin Sand, Michael Koch, Merle SERGEANTS. Stevens, John 88% Gravatt, William 87% Swanton, Charles 86% Feller, Paul 85% Brown, Harold 84% Weis, David 83% Callahan, Thomas 82% Stanislawski, John 82% Flannery, Robert 81% Kennedy, Leo 81% Schneider, Eric 81 % (tie between Kennedy and Schneider) DETECTIVES. Gravatt, William Brown, Harold Swanton, Charles Callahan, Thomas Kennedy, Leo Stanislawski, John Weis, David Flannery, Bob Galle, John Rogers, Gerald All promotions within the Police Department should be made Irom the above lists. Addillonal personnel Is available, as a second list, In the various classifica- tions providing the above lists are exhausted. Carolyn Farrell, BVM John E. Hess Civic Service Commission ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to before me this 15th day of June, 1977. Z. D. Hantelmann Notary Public Councilman Tully moved that the communication be received and filed and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. 88% 86% 85% 84% 84% 81% 77% 76% 74% 72% June 16, 1977 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission eonduct- ed Promotional examinations on April 14. 1977 for members of the Fire Department. The following members of the Fire Department have passed the written examinations with an average of seven- ty per cent or better. 83% 81% 80% 79% 79% 79% 79% 78% 77% 77% EQUIPMENT OPERATOR. Ehlinger, David L. Voss, Roger A. Link, Kenneth J. Tigges, Richard S. Peter, Gerald A. Roepsch, Richard Theis, Terrance L. Fitschen, Michael LIEUTENANTS. Coleman, Edward A. 921\% Stephan, Raymond 921\% Schuster, David W. 92% Link, Kenneth J. 881\% Lampers, John M. 86% Theis, Terrance L. 85Y,% Stone, Robert C. 84% Voss, Roger A. 84% Purcell, Wm. R. 83% Theis, RichardJ. 8ly,% (An additional list 01 Five Is available) LIEUTENANT INSPECTORS. Theis, Richard J. 86Y,% Neuhaus, Gerald W. 81",% AMBULANCE DRIVER ATTENDANTS. Kreiman, Richard L. 87% Hutchcroft, James A. 80% 86% 84% 831\% 82% 801\% 781\% 78y,% 721\% 293 294 Special Session, Jttne 20, 1977 CAPTAINS. Andresen, Paul V. Deckert, John Miller, Wm, T. Link, Lyle R. Potter, Frank B. Udelhofen, Gerald L. Kann, Ronald Andresen, James P. McCoy, John B. FIRE MARSHAL Jochum, Wayne TRAINING OFFICERS. Winter, Carl J. Link, Lyle R. Cherrier, William E. Miller, Wm. T. Miller, James C. Andresen, James P. Udelhofen, Gerald, L. DIVISION CHIEFS. Ruden, Richard W. Cherrier, William E. Winter, CarlJ. Miller, James C. 88%% 87%% 87%% 86% 83% 81%% 80%% 80% 74%% 87% 85% 84% 83%% 83%% 78% 77%% 95Y,% 89% 89% 83%% All firemen, that qualified as to years of service in any job classification, were given an opportunity to take more than one test. Also the seniority system has been inaugurated by giving % (one- third) of a point for each full year, after five years. starting with sixth full year of service, as of date of examination to be added to the score after having achieved the minimal passing score on the ex- amination: Maximum of five points al- lowed in this manner. Carolyn Farrell BVM Chairperson John E. Hess Civil Commissioner Service ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 16 day of June, 1977. Z. D. Hantelmann Notary Public Councilman Tully moved that the communication be received and filed and be made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Brendan T. Quann, as a representative of Roman Szymanski, making inquiry into the possible purchase of Lot 51 Rosedale Addn., presented and read. Councilman Tully moved that the communication be 81% referred to the City Manager for inves- tigation and report. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Dubuque County Auditor advising of acceptance of a bid of $300. for the purchase of Ny, of Lot 122 in East Dubuque Addn. as submitted by Frank Hardie and requesting ap- proval, presented and read. Councilman Tully moved that the communication be received and filed and bid be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas ~ Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays - None. Communication of Leo Ungs, Admin- istrator of the County Institutional Ac- counts, submitting names of Louise Bieberman, Ann Bodish, Helen M. Bradley, Blanche Donovan, Rosella Eisenbraun, Elsie E. Lange, Bernard Mihm, Evelyn Masurek, Gertrude Ogaard, Leona Ricken and Josephine Roth petitioning for suspension of taxes - -2nd half of 1976 and 1st half of 1977, presented and read. Councilman Tully moved that the suspensions be ap- proved and City Clerk authorized to sign. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays ~ None. Communication of James H. Richard submitting his resignation from the Board of Zoning Adjustment effective immediately, presented and read. Councilman Tully moved that the re- signation be accepted with regret. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas ~ Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 6,1977 Honorable Mayor and City Council In order to comply with our Revenue Bond Ordinances, I request your ap- proval to engage the Certified Public Accounting Firm of O'Connor Brooks and Company to audit the transactions of the Water Utility, and of the Parking and Sewage Facilities Funds, for the fiscal period beginning July I, 1976 through June 30,1977. I further request that the Auditor of State be asked to audit all other finan- cial funds of the City for the July I, 1976 through June 30, 1977 fiscal period. Special Session, June 20,1977 295 A resolution relative to the above request will be submitted to yoU after July I, 1977. G. D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and request be approved. 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 Publisber, of Public Notices of Community Development Block Grant Program, published May 18, 1977, Rehab Loans and Grants Interim assistance, Building modifications at St. Johns Episcopal Church, presented and read. Councilman Tully moved that the proofs 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. Proof of Publication, certified to by the Publisher, of official Notice of Loca- tion and Design approval, request sig- nalization of 20th from Central to Elm Federal Aid to Urban Systems, present- ed and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-None. June 14, 1977 To the Honorable Mayor and Members of the City Council We have approved the following bonds and policy for filing purposes and wish to have your approval of same. Sidewalk Construcllon Bonds William Lugrain, Midwestern Casualty and Surety Co., $1000 to July 1, 1978 Tri-State Paving Co., dba Div. of Dubuque Stone Products $1,000 to 7/29/78 General LIability Policy Ken Schromen, Bituminous Casualty Corporation to July I, 1978 No. GA8I3733 Gilbert D. Cbavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 14, 1977 Honorable Mayor and City Council We have consulted with Mr. Thomas Graham in connection with his proposal to rent the 8th Street pavilion as out- lined in the attached letter. It is our recommendation that this proposal be accepted and that we be authorized to proceed with this matter. Mr. Graham has agreed to install whatever equipment necessary to comply with the restaurant and other licensing codes. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and recommendation approved. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June 14, 1977 Honorable Mayor and City Council During the fiscal year 1978 budget workshops the City Council directed that the city fleet be reduced by fifteen vehicles and that a savings of $45,000 in budget requirements be realized. The budget adjustments which have been made in order to carry out this directive as well as the travel policies necessary for implementation have been summar- ized in the attachments. It is intended that these adjustments and travel policies become effective July 1, 1977. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of Director of Com- munity Development submitting final report of Landscape Architecture Department of Iowa State University and recommending acceptance, pre- sented and read. Councilman Tully moved that the communication be received and filed and report accepted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas ~ Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. a police car at the intersection of 9th and Central Ave. on March 12, 1977, pre- sented and read. Councilman Pregler moved that the Notice of Suit be referred to the City Solicitor for inves- tigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Notice of personal injury claim of Loretta Howard of 8236 Summerdale of Chicago, 111., in an unspecified amount, for injuries received in a fall from a curb on Main Street on March 23, 1977, pre- sented and read. Councilman Pregler moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of ContiCarriers and Terminals Inc. claiming damages by reason of approval and execution of a lease and agreement with Dubuque Barge and Fleeting Service Company as being a violation of rights, presented and read. Councilman Pregler moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. 296 Special Session, June 20, 1977 Special Session, June 20, 1977 297 June 10, 1977 Honorable Mayor and City Council On the 31st day of December, 1975, Dolores Schueller commenced an action in District Court in and for Dubuque County, Iowa claiming damages in the amount of $11,174.32 for injuries al- legedly received on July I, 1975 claiming a defective condition on the sidewalk on the southwest corner of 21st and White Streets in the City of Dubuque, Iowa. Said action was referred to the City Attorney for defense and that the ap- propriate defenses have been asserted thereto and that thereafter, the plaintiff made an offer of settlement in the amount of $906.66. That the said plaintiff suffered alleged loss of wages in the amount of $680.00 and incurred hospital and medical ex- penses as well as incurring home care expenses. The negotiations to conclude sett- lement of this matter have been delayed tbrough no fault of the City Attorney's office but rather through the fact tbat Blue Cross and Blue Shield had asserted subrogation claim against the City which was filed on November 25, 1975.11 is the recommendation of the City At- torney that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to the claimant, Dolores Schueller, and transmit the same to the City Attorney for delivery upon receipt of duly ex- ecuted releases and dismissal with prejudice of said cause. R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and recommendation of settlement ap- proved. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays ~ None. Notice of Suit of Dolores D. Henkels, in the amount of $25,000., for personal injuries received in a fall on a defective sidewalk near 965 Main St. on May 27, 1976, presented and read. Councilman Pregler moved that the Notice of Suit be referred to the City Solicitor for inves- tigation and report. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Notice of Suit of Thomas C. Hilkin, In the amount of $1500., for car damage incurred as the result of being struck by taken, be dispensed Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 40-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED 12% CREATING A CIVIC CENTER COMMISSION FOR THE CI- TY OF DUBUQUE, IOWA, ESTABLISH- ING THE NUMBER OF MEMBERS THEREOF AND PRESCRIBING THE POWERS AND RESPONSIBILITIES THEREOF WHEREAS, it is deemed to be in the hest interest of the City of Dubuque, Iowa to create a Civic Center Commis- sion and to prescribe its powers and responsibilities for the purpose of advis- ing the City Council and to oversee all motters pertoining to the Five Flags Civic Center including the restored theater. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE City of Dubuque, Iowa; Section 1. That the Code of Ordin- onces of the City of Dubuque, Iowa be and the same is hereby amended by enacting a new Chapter to be numbered Wi, as follows; "CHAPTER 12% CIVIC CENTER COMMISSION ARTICLE 1. GENERAL Sec. 12%-1. Created. There is hereby created a Civic Center Commission to have such powers and responsibilities as hereinafter provided. ARTICLE II. MEMBERSHIP Sec. 12%-2. Composition. (a) The commission shall be com- prised of a membership of five persons, who shall be appointed by the Dubuque City Council for terms of two years. Two of the initiol oppointments sholl be for a term of one year, three of such initial appointments shall be for a term of two years. (b) Upon completion of their term of office, members of the commission shall continue to serve in their full capacity until a successor has been duly appointed. (c) Membership on the commission shall be limited to persons who are residents of the City of Dubuque. Sec. 12%-3. Vacancies ORDINANCE NO. 40-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED 12% CREATING A CIVIC CENTER COMMISSION FOR THE CI- TY OF DUBUQUE, IOWA, ESTABLISH- ING THE NUMBER OF MEMBERS THEREOF AND PRESCRIBING THE NUMBER OF MEMBERS THEREOF AND PRESCRIBING THE POWERS AND RESPONSIBILITIES THEREOF, (FORWARD FROM MEETING OF JUNE 6, 1977), PRESENTED AND READ. Councilman Wertzberger moved that the reading just had be considered tbe first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, 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 A vocancy caused by death, resigna- tion or otherwise on the commission shall be promptly filled by the Dubuque City Council for the unexpired term of office. Sec. 12%-4. Attendance. (a) Members of the commission shall attend at least two-thirds of oil reguiar- ly scheduled ond held meetings within any twelve month period. If any member does not attend such prescribed number of meetings, it sholl constitute grounds for the commission to recom- mend to the Dubuque City Council that said member be replaced. (b) The attendance of all commission members shall be entered upon the minutes of all meetings by the secretary. SEC. 12%-5 Compensation. All members of the commission shall serve without compensotion except for reimbursement of necessary expenses. ARTICLE Ill. OFFICERS Sec I2!i-6. Organization. (a). The officers of the commission shall be a chairperson, 0 vice-chairper- son, and a secretary. All officers shall be members of the commission. (b) At the initial meeting of the com. mission and at the first meeting of each catendor year thereafter, the commis- sion shall elect the above identified officers to serve one year terms of office. All officers shall be eligible to serve successive terms of office. Sec. 12%-7. Duties. (a) The chairperson shall preside at all meetings of the commission and shall perform all duties incident to the office of chairperson. (b) The vice-chairperson shall perform the duties of the chairperson in the absence or incapacity of the chairper- son. In the event of such absence or incapacity, the vicechairperson shall perform such duties as are imposed upon the chairperson until such time os the commission designates a new chairperson. (c) In the event of the absence of the chairperson or vice-chairperson at any meeting of the commission, the then present members of the commission shall select a temporary chairman for that meeting. (d) The secretory shall record votes, keep a record of all proceedings of the commission and perform such other duties incident to the office of secretary. (e) In the event of the absence of the secretary at any meeting of the com- mission the chairperson shall appoint one of the then present commission members to serve as secretary pro-temp for that meeting. 298 Special Session, June 20, 1977 Special Session, June 20, 1977 299 ARTICLE IV. MEETINGS Sec. 12%.7. Organizational. All adminstrative , personnel, oc- counting, budgetary and procurement policies of the City of Dubuque shall govern the commission in all of its operations. Sec. 12%.14. Programs, Projects and Services. Ordinonce and subject to the approval of the Dubuque City Council in matters of policy. Sec. 12%-19. Specific. The commission shall hold an organ- izational meeting on a date selected by the Mayor of the City of Dubuque. Sec. 12%-B. Regular and Special. (a) Provide the Dubuque City Council as necessary with recommendations thot further the general and specific purposes of the commission. (b) Development of effective leader- ship for efficient planning, control and administration of policies and programs to realize optimum use of the Civic Center. (c) Foster the development of finan- cial and other resources to support the shOlt and long term needs of the Civic Center facility and its programs. (d) Development of Programs provide a variety of year-round intellectual, cultural, enjoyable and attractive lei- sure time activities which contribute to the physical and mentat well-being of residents and visitors. (e) Development of programs which contribute to the economic base of the community by encouraging business (¡se of the Civic Center focility. ARTICLE VIII. RESPONSIBILITIES Sec. 12%-20. General (a) Development of an administrative plan and operating policies in order that all responsibilities are clearly as- signed, scheduled and carried out under the direction of the director to assure the maximum effectiveness in the use of all facilities and resources. (b) Development of schedules of fees and charges for special building servlcea, equipment, special building features, rental rates, admissions, and concessions. (c) Development of informational and promotional programs to secure the full support and participation of the community. (d) Development of accurate, timely and understandable financial data and measurements of effectiveness neces- sary to assure sound polley formula- tion for operation and management. (e) Development of the annual oper- ating budget and an on-going capital Improvements budget. (f) Development of a maintenance program to provide a safe, secure, sanitary, clean and attracllve facility. (g) Serve as a personnel advisory committee to the City Manager in the selection of a director. (h) Participate with the Dubuque Area Chamber of Commerce, the hotel and restaurant Industry and other in- terest gourps to promote and develop (a) The commission shall meet not less thon monthly after 4:00 o'clock p.m. on a regular day. In the event such day falls on a holidoy, the meeting shall be held the next working day. (b) Special meetings may be coIled by the chairperson or at the request of three members of the commission. Sec. 12%-9. Open and Closed. All meetings shall be open to the public and all closed sessions at such meetings shall be held in conformance with the provisions of applicable sta- tutes of the State of Iowa. Sec. 12%-10. Notices and Agendas. All programs, projects and services to be developed by the commission must conform to the policies of the City of Dubuque and to applicable locol, state and federal lows, rules and regulations. Sec. 12%-15. Internal Rules and Regulations. The Commission may odopt such further rules and regulations to govern its organization and procedures as it may deem necessary and which are not in conflict with this document or other resolutions and or decisisons of the City of Dubuque. Such rules and regulations upon their adoption shall immediately be provided the Dubuque City Council. Sec. 12%-16. Annual Report. (a) The commission shall give advance public notice of the time and place of each meeting. (b) In the event of special meetings, each commission member shall be provided either written or personal no- tice as far in odvance as practical. In the event a commission member is not so notified, the reason for lack of such notice shall be entered on the minutes of that meeting. (c) All commission members shall be provided with a printed agenda not less than three working days prior to all regularly scheduled meetings, and to the extent practical, prior to all special meetings. Section 12%-11. Quorum and Voting. The commission within ninety (90) days after the close of the City's fiscal yeor shall file a detailed annual report of its activities with the Dubuque City Council Sec. 12%-17. Donations and Gilts The commission may solicit and oth- erwise accept donations and gifts of money, personal property and personat services. All such monies and personal property as received shall become the property of the City of Dubuque for the generat use for the support of the civic center and its programs unless such items have been designated by the don- ars for specific purposes. ARTICLE VII PURPOSES Sec. 12%-1B. General (a) Three members of the commission shall be present otany regular or special meeting for purposes of a quorum to conduct business and to exercise such powers as delegated to the commission by the Duhuque City Council. (bi The voting on all questions coming before the commission shall be by voice vote. The ayes and nayes of all votes shall be entered upon the minutes by the secretory. (c) Proxies to vote sholl not be permitted. Sec. 12%-12. Minutes. (a) The commission is charged with development of the optimum utilization of the civic center facility by the widest possible range of users and uses to re- spond to community needs and demands at the least possible cost to the City of Dubuque. (b) It is intended that a director shall have general supervision of the execu- tion of the affairs of the Commission, and as 0 full time employee the director is charged with the overall man- agement, administration and operation of the Civic Center and its programs. (c) It is intended that the commission shall have that authority and respon- sibility essential to assure that its gen- eral purpose if fulfilled subject to this The commission shalt file with the DUbuque City Council a copy of the minutes of eoch regular and special meeting of the commission within ten working days after each such meeting. ARTICLE V. POLICIES Sec. 12%-13 Administrative and Other. the convention and tourism business for the Dubuque area. (i) Execution of contracts and agreements for the use, operation and maintenance of the Civic Center facili- ty: contracts and agreements for the use of the facility may be signed by the City Manager except that all contracts for usage of the facility involving a term of longer than five (5) days shall be subject to execution by the Mayor with the approval of the City Council. Passed, approved and adopted this 20th day of June, 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 24th day of June, I977. Leo F. Frommelt City Clerk .116/24 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Juen 8.1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the attached communication of Mr. Thomas Rawson, 2310 Knob Hill Drive, Dubuque, Iowa, wherein he stated his opposition to a proposed street, shown as Lot 15 of Block 2 in "Birch Acres" on the attached map. Mr. Rawson contends that the location of the street directly across Fremont Avenue from his re- sidence will diminish the value of the property, and asks that the street access to the "Birch Acres" property be re- located to intersect Fremont on an alignment with Knob HilI Drive. In considering this matter the Com- mission heard from the developer, Ed Tschiggfrie, who explained that the topography of the area had been the primary factor in the development plan for the "Birch Acres" property. The Planning and Zoning Commis- sion has voted to re-affirm their action of April 26, 1977, at which time they approved the final plat of Lots 1 through -~- - 300 Special Session, June 20, 1977 7 of Block 2 of "Birch Acres" which dedicated Lot 15 of Block 2 as a public street, and recommends your concurrence. to speak in opposition to the proposal. The Planning and Zoning Commis- sion has voted to approve the R-2 Re- sidential District classification on the above described property and recom- mends 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. 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 Lot 13 and Lot 14 of Block I: and a portion of Lot 2 of 1 of I and a portion of Lot 2 of Lot 15 Birch Acres from R-3 to R-2 Residential Classification, presented and read. Co- uncilman Pregler moved that the read- ing just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- iowing 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 Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that a public hearing be held on the Ordinance on July 18, 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 Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. James Schwers of Northwest Development Company stated he had no objections to Fremont access coming out on Lot 15. Tom Rawson of 2310 Knob Hill stated he talked to Planning and Zoning in December, 1976 and was told no streets would be entering into his property. Lot 15 became a public access in April: Concerned for safety of his children: Also should be a concern for the citizens living there: Would have no problem with alignment of access street with Knob Hill. Councilman Pregler moved that the communication of Planning and Zoning be referred back to the Planning and Zoning Commission. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Nays Wertzherger. Councilmen Tully, June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing to consider R-2 Residential District classification on Lots 1 through 7 of Block 2: Lot 15 and portions of Lot 1 of Lot 15 and Lot 1 of Lot 1 all in "Birch Acres" Subdivision. The property, which is presently classified as R-3 Re- sidential District, lies on the east side of Fremont Avenue north of its inter- section with Kelly Lane in the City of Dubuque, Iowa, as shown on the at- tached map. The communication of Mrs. Ann As- chenbrener, 2305 Knob Hill, and the petition of Mr. Thomas Rawson, 2310 Knob Hill, bearing 12 signatures of area property owners stating their support of the R-2 Residential District zoning on the subject property are attached. There was no one present at the public hearing June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Dennis Baumhover requesting OR-I Office-Re- sidential District reclassifiCation on Special Session, June 20,1977 301 property described as Lot 1 of the Sub of Lot I of Loti of Lot I ofLotiofLot 1 in Clarence Polfer Place and is located at the northeast corner of the intersection of Devon Drive and U.S. Highway 20, in the City of Dubuque, Iowa. The proper- ty, commonly recognized as the Kloser Inn, 2615 Dodge Street as shown on the attached map, in presently classified as a C-3 Arterial Business Commercial District. The communication of the attorney representing Mrs. William Trenkle of 45 Devon Drive, and the petition of Mr. Robert L. Schreiber bearing 18 signa- tures of area property owners who op- pose the rezoning request, are attached. In considering the Baumhover request, the Commission concluded that the major objections to the OR-I Of- fice-Residential District classification, as expressed by area residents, were to the maximum building height of sixty feet (60') and maximum lot coverage of fifty percent (50%) which would be al- lowed under that classification. The Planning and Zoning Commission has determined that the OR-l "a" Office Residential District zone which provides a lower allowable maximum building height of thirty-five feet (35') and a lower allowable maximum lot coverage of thirty-five percênt (35%) would be the most appropriate clas- sification for the subject property and would be more compatible to the abut- ting residential area. The Planning and Zoning Commis- sion has approved the OR-l"a" Office Residential District classification on the above described property and recom- mends 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 Brady. 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", so as to reclassify Lot I of the Sub. of Lot 1 of Lot I of Lot I of Lot 1 of Lot I in "Clarence Polfer Place" in the City of Dubuque, Iowa, from C-3 Arterial Busi- ness Commercial District Classification to OR-I "a" Office-Residential District Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing 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 Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that a public hearing be held on the Ordinance on July 18, 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 Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Earl McClain to reclassify Lots I, 11, 12 and 19 of McClain Subdivision in the City of Dubuque, Iowa, from R-I Residential District to the R-3 Residential District classification. The lots front the south side of the 2500 block of West Thirty- Second Street west of its intersection with Carter Road as shown on the at- tached map. In considering the McClain petition the Commission determined that the opposition to multiple-family develop- ment demonstrated by the residents of the West Thirty-Second Street neigh- borhood, as. well as the need for further evaluation of multiple-family develop- ment zones were applicable to the McClain proposal and that reclassifica- tion of the property would set a precedent for future land use proposals in the area. The Planning and Zoning Commission has voted to deny the request for R-3 Residential District classification on Lots I, 11, 12 and 19 of McClain Subdivision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development 302 Special Session, June 20, 1977 Councilman Pregler 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. 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 Lot 1, Lot 11, Lot 12, and Lot 19 of McClain Subdivision in the City of Dubuque, Iowa, from R-I Re- sidential District Classification to R-3 Residential District Classification, pre- sented and read. Councilman Pregler, moved that the reclassification be DENIED. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June 6, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. and Mrs. Walter Jahnke which requested the ex- pansion of an existing OR-l Office Re- sidential District to include their property described as Lot 2 of Lot I of Lot 4 and Lot 2 of Lot 1 of Lot 7 of the NE"'in Section 16, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa. The 2 acre Jahnke parcel, currently classified R-I Residential District, has 125 feet of frontage on the north side of West Thirty-Second Street approximately 465 feet east of John F. Kennedy Road, as shown on the attached map. In reviewing the Jahnke petition, the Commission heard an account of the May lith meeting ofresidentsoftheJ.F. Kennedy Road-West Thirty-Second Street Neighborhood where future land-use in the area was discussed and it was reported that the residents voiced strong objection to any multiple development in the West Thirty-Second Street corridor, and to an existing OR-l District zone at the intersection of J.F.K. Road and West ThirtySecond St. At the public hearing the Commission received a communication from Mr. and Mrs. Thomas R. Steffen, 3210 West Thirty-Second Street and the petition of Mr. Jim Link, 3023 West Thirty-Second Street bearing 51 signatures of area residents who oppose the Jahnke request, both are attached for your information. The City Planning and Zoning Com- mission has voted to deny the Jahnke petition for reciassification of their property and has directed their staff to re-evaluate their policy and guidelines for multiple-family development zones. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Pregler 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. Petition of James F. Link et al (17 signers) objecting to the rezoning of property at Kennedy Road and W. 32nd Street from R-I to OR-I Residential District Classification (forwarded from meeting of June 6, 1977), presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Tully. Carried 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 tbe "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", so as to reclassify Lot 2 of Lot I of Lot 4 and Lot 2 of Lot 1 of Lot 7, of the Northeast"', Section 16, T89N, R2E, of the 5th P.M. in the City of Dubuque Iowa, from R-l Residential District Classification to OR-I Office Residential District Classification, presented and read. Councilman Pregler moved that the reclassification be DENIED. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. June6,I977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing to consider application of an R-2 Residential District classification on propèrty in "Jaeger Heights" Subdivi- sion which was recently annexed to the City of Dubuque, Iowa, and also to consider R-2 classification on 19 other lots in the subdivision which are con- tiguous to the recently annexed proper- ty and presently zoned as R-4 Residen- tial District clasisification. The subject property is located west of Rockdale Road north ofTower Drive and the area Special Session, June 20, 1977 303 and zoning classification are depicted on the attached map. In considering the zoning classifica- tion for this property the Planning and Zoning Commission has found that due to the topography and surrounding land use in the area that Lots I through 8 which abut Jaeger Drive on the west and south, should be retained in the R-4 Residential District to serve as a buffer zone between the proposed single fami- ly development and the existing mobile home park. The Planning and Zoning Commis- sion has approved R-2 Residential Dis- trict classification on property de- scribed as follows: Lots 9 through 21 of "Jaeger Heights" Subdivision and Lot 2 of the sub of Lot 2 of Lot 2 in "Schrup's Subdivision: and has endorsed the pre- sent R-4 Residential District classifica- tion on Lots I through 8 of "Jaeger Heights" Subdivision. 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 Tully. Carried 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", so as to reclassify Lots 9 through 19 of "Jaeger Heights Subdivision", Section I, Table Mound Township, in the City of Dubuque, Iowa from R-4 Residential District Classification to R-2 Residential District Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading ofthe Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilman 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 I taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Pregler moved that a public hearing be held on the Ordinance July 18, 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 Councilman Tully. Carried by the fol- lowing 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" which amendment shall zone and clas- sify Lot 20 and 21 of "Jaeger Heights": and Lot2 of the Sub. ofLot2 of Lot 2 in "Schrup's Subdivision" in Section 1 Table Mound Township, recently an- nexed to the City of Dubuque, in an R-2 Residential District Ciassification, pre- sented 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. Councilman Pregler moved that a public hearing be held on the Ordinance on July 18, 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 Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. ORDINANCE NO. 41-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING SUBSECTION (B) OF SEC- TION 25.209 OF SAID CODE, PROVID- ING THAT VEHICLES STOP BEFORE ENTERING THOSE STREETS OR PARTS OF STREETS DESIGNATED AS THROUGH STREETS, PRESENTED AND READ. 304 Special Session, June 20, 1977 Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to 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, Pregler, Tully, Wertzberger. Nays-None. ORDINANCE NO. 41-77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING SUBSECTION (b) OF SEC- TION 25-209 OF SAID CODE, PROVID- ING THAT VEHICLES STOP BEFORE ENTERING THOSE STREETS OR PARTS OF STREETS DESIGNATED AS THROUGH STREETS. NOW THEREFORE BE IT OR- DAINED BY THE City Council of the City of Dubuque, Iowa. Section 1. That Subsection (b) of Section 25-209 of the Code of Ordin- ances, of the City of Dubuque, Iowa, be amended so that such section shall read as follows: "See 25-209. (b) When signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before enter- ing any of the following streets which are designated as through streets. 1. Algona Street from the intersection of University Avenue to St. Joseph Street. 2. Asbury Road from University Avenue to its westerly terminus. 3. Avalon Road from the North property line of Pennsylvania Avenue to the South property line of Hillcrest Road and from the North property line of Hillcrest Road to the South property line of Asbury Road. 4. Bluff Street from West Locust Street to the North line of West Twelfth Street and from the south line of West Twelfth Street to Dodge Street. 5. Burden Avenue from the West property line of Windsor Avenue to its northerly terminus. 6. Carter Road from the east property line of the John F. Kennedy Road to the South property line of Kaufmann Avenue, and from the north property line of Kaufmann Avenue to south property line of Kane Street and from the North property line of Kane Street to the South property line of West Thir- ty-Second Street. 7. Central Avenue from the north line of Fourth Street to the northerly ter- minus of said Avenue. 8. Chaney Road from the north property line of Pennsylvania A venue to the south property line of Hillcrest Road; from the north property line of Hillcrest Road to the south property line of Asbury Road: from the north proper- ty line of Asbury Road to the south property line of Kaufmann A venue, and from the north property line of Kauf- mann A venue to the south property line of Kane Street. g. Devon Drive from Dodge Street to the northerly property line of Mineral Street. 10. Dodge Street from the west line of Locust Street to its westerly terminus at the City Limits. 11. Elm Street from the south line of East Twelfth Street to the south line of East Twentieth Street. 12. Fremont Avenue from the South property line of Dodge Street to the North property line of Simpson Street. 13. Garfield Avenue from Elm Streets to Shiras Avenue. 14. Hill Street from the southIìne of Eighth A venue to the north property line of Dodge Street. 15. Hillcrest Road from the south property line of Asbury Road to the eost property line of Carter Road and from the west property line of John F. Kennedy Road to the east property line of Keyway and from the west property line of Keyway to its westerly terminus. 16. Iowa Street from East First Street to the south property line of West Seventeenth Street. 17. Jackson Street from the north property line of East Twelfth Street to the South Line of East Twenty-fourth Street and from the north property line of East Twenty-Fourth Street to its northerly terminus. 18. John F. Kennedy Road From Hi- Way # 20 to its northerly terminus. 19. Kane Street from Kaufmann Avenue to Carter Road. 20. Kaufmann Avenue from the west property line of Central Avenue to the east property line of Corter Rood: ond from the west property line of Carter Road to the east property line of Crissy Special Session, June 20, 1977 305 Drive; and from the west property line of Crissy Drive to the east property line of John F. Kennedy Road, and from the west property line of John F. Kennedy Road to the east property line of Bonson Street. 21. Kerper Boulevard from East Ninth Street to the south property line of East Sixteenth Street, and from th.e north property line of East Sixteenth Street to the south property line of Hawthorne Street. 22. Kerrigan Road from its southerly terminus at the City Limits, north to its junction with South Locust Street. (a) South Locust Street north to its junction with Locust Street. (b) Locust Street north to the north line of West Seventeenth Street. 23. Loras Boulevard from the west line of Central Avenue to the north property line of University Avenue. 24. Main Street from the south line of Jones Street to the south line of west Fifth Street ond from the north line of West Ninth Street to the north line of West Seventeenth Street. 25. Mineral Street from the easterly property line of Devon Drive to the easterly property line of O'Hagen Street. 26. North Algona Street from the north property line of Loras Boulevard to the south line of North Grandview Avenue. 27. North and South Grandview Avenue from the southeosterly termin- us of South Grandview Avenue, to the south property line of Delhi Street, and from the North property line of Delhi Street to the south property line of University Avenue, and from the north property line of University Avenue to the south property line of Clarke Drive, and from the north property line of Clarke Drive to the south property line of Kaufmann Avenue and from the north property line of Kaufmann A ven- ue to the South property tine of Kane Street, and From the north property line of Kane Street to the south property line of West Thirty-Second Street. 28. O'Hagen Street from the northerly property line of Mineral Street to the southerly property line of University Avenue. 29. Pennsylvania Avenue from University Avenue to its westerly terminus. 30. Primrose Street from the north property line of Kane Street to the south property line of Davenport Street. 31. Rhomberg A venue from the East property line of Elm Street to the west property line of Lincoln Avenue. 32. Shiras Avenue from the north property line of Rhomberg Avenue to the Eagle Point Park exit. 33. University A venue from the north property line of Eighth Avenue to the east properly line of North Grandview Avenue, and from the West property line of North Grandview A venue to the east property line of Asbury Road, and from the west property line Asbury Road to the John F. Kennedy Road. 34. White Street'from the north line of East Fourth Street to the south line of East Twenty-Second Street. 35. Windsor Avenue from the north property line of Rhomberg Avenue to the south property line of Davis Avenue. 36. East Ninth Street from Kerper Boulevard to the east property line of Central Ave. 37 East Eleventh Street from the east property line of White Street to the West property line of Kerper Boulevord. 38. East Twelfth Street from the west property line of Kerper Boulevard to the east property line of Elm Street and from the east property line of Elm Street to the east property line of Central Avenue. 39. East Fourteenth Street from the west line of Elm Street to the east line of Central Avenue. 40. East Fifteenth Street from the east property line of Elm Street to the west line of Sycamore Street. 41. East Sixteenth Street from Elm Street to its easterly terminus. 42. East Twentieth Street from the east property tine of Central Avenue to the east line of Elm Street. 43. East Twenty-Second Street from Central Avenue to the west line of Windsor Avenue. 44. West Third Street from the west property line of Bluff Streeet to the east property line of North Grandview Avenue. 45. West Fourth Street from the west line of Bluff Street to the east line of Central Avenue. 46. West Fifth Street from the east property line of Wilson Avenue to the East line of Delhi Street. 47. West Eighth Avenue from the west property line of Locust Street to the extension of the east line of Hill Street. 48. West Twelfth Street from the west line of Central Avenue to the west line of Bluff Street, thence to the west property line of Grace Terrace, Grove Terrace to the north of Arlington Street; Arlington Street from Grove Terrace to the west line of Highland Place. 49. West Thirty-Second Street from - 306 Special Session, June 20, 1977 the west property line of Central Aven- ue to the east property line of John F. Kennedy Road." Passed, approved and adopted this 20th day of June, 1977. Emit Stackis Mayor Thomas A. Tulty Jr. Richard Wertzberger James E. Brady Walter A. Pregter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officialty in the Telegraph Herald Newspaper this 24th day of June, 1977. Leo F. Frommelt City Clerk 116/24 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. Petition ofR. Hooser et al (33 signers) residents of Kane Street objecting to the installation of an air siren in the 900 Block of Kane Street, presented and read. Councilman Wertzberger moved that the petition be received and filed and referred to City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays - None. Petition of K and K Heating Co., Inc., requesting a refund of $25. for two un- used hearing permits, presented and read. Councilman Wertzberger moved that the refund be granted and City Auditor directed to issue proper war- rant. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at 1606 Rhomberg Ave., presented and read. Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of City Employees voicing their fears that the vehicle policies will have severe detrimental effects on the operation of various City departments, presented and read. Councilman Wertzberger moved that the petition be received and filed and referred to Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Jerry Gehrke et ux requesting vacation of a portion of Wilderness Road lying south of Spring Valley Road, Easterly half abuts their property, Westerly half abuts Eisen- hower School. presented and read. Councilman Tully moved that the peti- tion be referred to th the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Dubuque Sertoma Club requesting permission to use Petrakis Park for a rock concert on July 21,1977, presented and read. Councilman Tully moved that the request be approved subject to coordination of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Councilmen Brady, Pregler, Tully, Wertzberger. Nays - Mayor Stackis. Petition of Dave Beidler requesting a refund of $100. on Cigarette License No. 1159, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. 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, of Notice of hearing to amend the current budget, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 208-77 A Resolution amending the current budget for the Fiscal Year Ending June 30, 1977 (as amended last November I, 1976). BE IT RESOLVED BY THE City Special Session, June 20, 1977 307 Council of the City of Dubuque, Iowa: Section 1. Following notice published June 9, 1977, and the public hearing held June 20, 1977, the current hudget (as previously amended) is amended as set out herein: Section 2. The cash balances and revenue estimates are amended as follows: FUND: General - New available balance, $673,577: New total revenue estimate, $9,108.198. Section 3. The following changes (transfers of appropriations between programs, and increases in total appro- priations) are hereby authorized: Program: Human Development, Change appropriation from $1,992,123 to $2;109,141. Passed this 20th day of June, 1977. Passed this 20th day of June, 1977 Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk I hereby certify the above transac- tions to be a true copy of the proceed- ings of the City Council and the resolu- tion passed in the above matter. Leo F. Frommelt City Clerk June 20, 1977 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. June 7, 1977 Honorable Mayor and City Council The construction of steps on Eleventh Street and Jefferson Park have been completed in accordance with plans and specifications by Patrick T. O'Dowd of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 209-77 WHEREAS, the contract for the Eleventh Street Steps and Jefferson Park Steps has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, BY THE CITY COUNCIL OF THE City of Dubuque that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Com- munity Development Fund issued upon the above described improvement in amount equal to the amount of his acontract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of June, 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. Final Estimate RESOLUTION NO. 210-77 WHEREAS, the contract for the Eleventh Street Steps and Jefferson Park Steps has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, BY THE City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $22,914.57. That none of the cost thereof shall be assessable upon private property and $22,914.57 shall be paid from the Com- mu nity Development Fund of the City of Dubuque. Passed, adopted and approved this 20th day of June, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen -- ~..-.- 308 Special Session, June 20, 1977 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. Proof of Publication, certified to by the Publisher, of Notice of Pendency on Resolution of Necessity for construc- tion of Aita Vista curb and gutter re- placement project from Kirkwood to Vernon 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. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas -. Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger,. Nays - None. Decision of Council upon objections to plans, speclficallons, form of contract and cost of improvements RESOLUTION NO. 211-77 WHEREAS, proposed plans and specifications and form of contract for the Alta Vista Street Curb and gutter replacement project from Kirkwood Street to Vernon Street have been ap- proved by the City Council of the City of Dubuque andpublic notice given as provided by Chapter 384 of the Code of Iowa 1977 pertaining to public con- tracts, 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 20th day of June, 1977: and WHEREAS, the City Council met in special session this 20th day of June, 1977, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all 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 BY THE CITY COUNCIL OF THE City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said im- provement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract her- etofore 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 20th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waiter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Tully. Carried by tbe following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. NECESSITY FOR IMPROVEMENT RESOLUTION NO. 191-77 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improvement, and the size and kind of curb and gutter. 3. An estimate of the cost of the proposed improvement. For the Alta Vista Street curb and gutter replacement project from Kirk- wood Street to Vernon Street. BE IT THEREFORE RESOLVED THAT THE City Council on its own motion or upon petition of property owners, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of fund 03-1022-2403. Special Session, June 20, 1977 309 The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of June, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 20th day of June, 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 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. Proof of Publicåtion, certified to by the Publisher, of Notice to Contractors of receipt of proposals for construction of Cooper Place Steps, presented and read. Councilman Brady moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 14, 1977 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m" D.S.T., Thursday, June 9, 1977, for Cooper Place Steps. The lowest bids were entered by Pa- trick T. O'Dowd of Dubuque, Iowa. The bid for Aiternate I was $16,505.93 which is 16.83% below the Engineer's Estimate. The bid for Alternate II was $19,504.13 which is 9.04% under tbe Engineer's Estimate. I recommend that the Alternate I contract be awarded to Patrick T. O'Dowd. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Awarding Contract) RESOLUTION NO. 212-77 WHEREAS, sealed proposals have been submitted by contractors for the Cooper Place Steps (Aiternate I) pur- suant to Resolution No. 155-77 and no- tice to bidders published in a newspaper published in said City on May 24, 1977 and WHEREAS, said sealed proposals were opened and read on June 9, 1977, and it has been determined that the bid of Patrick T. O'Dowd of Dubuque, Iowa in the amount of $16,505.93 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and speci- fications: 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 Patrick T. O'Dowd and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waiter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 213-77 WHEREAS, Regina Cooper Gilmore has executed a deed conveying the her- einafter described real estate to City of Dubuque, Iowa which real estate is described as follows: The North one half of Lot 39 and Lot 40 and Lot 41 in "Cooper Heights", a Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof: and WHEREAS, said deed of conveyance should be accepted by the City of Dubuque, Iowa: 310 Special Session, June 20, 1977 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Section 1. That the deed of con- veyance dated the 7th day of June, 1977 wherein Regina Cooper Gilmore, a sin- gle person, conveys the hereinabove described real estate to the City of Dubuque, Iowa and delivery of same, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said deed to be recorded in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger JameO E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Council Councilman Stackis moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Communication of City Manager ad. vising of low bidder as being Tri-Stat, Paving for the Main Street lightin¡ project from 1st to 4th Streets (forwarc from last meeting), presented and read. Councilman Pregler moved that the bid be Denied and entire project referred back to the City Manager and Staff for Rebid. Seconded by Councilman Brady. Carried by the following vote; Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - Councilman Tully. June 14, 1977 Honorable Mayor and Members of the City Council Between February 10, 1975 and Sep- tember 30, 1976, the City of Dubuque acted as Program Agent for Title VI of the Comprehensive Employment and Training Act under contract with the Iowa State Office for Planning and Pro- gramming. During that period the City was alloted $339,926 for the program: it expended $339,834.70 for participant wages, fringe benefits and administra- tive expenses. Since the contract has expired on September 30, 1976, and no modification is contemplated which will extend it beyond that date, you are requested to pass a resolution which will allow the mayor to sign the close out documents. 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 Stackis, Councilmen Pregler, Tully, Wertzberger. Nays - Councilman Brady. RESOLUTION NO. 214"77 WHEREAS, the Federal Government enacted the Comprehensive Em- ployment and Training Act Title VI and made funds available during FY 1976 to hire unemployed people: and WHEREAS, the City of Dubuque has acted as Program Agent in the adminis- tration of these funds during FY 1976: and WHEREAS, the City of Dubuque has expended all but $91.30 of the $339,926 granted to it under this program in FY 1976: and WHEREAS, it is required of the City, as Program Agent, to submit the close out documents to the Iowa State Office of Planniug and Programming: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the lViayor is hereby authorizèd and empowered to sign the contract close out documents for the FY 1976 Title VI Public Service Em- ployment Program. Passed, approved and adopted this 20th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Pregler, Tully, Wertzberger. Nays - Councilman Brady. RESOLUTION NO. 215-77 WHEREAS, there has been submitted to the City Council of the City of Dubuque, Iowa, Statement of Actual and Projection of Revised 1976 Net Revenue before Debt Service Requir- ements relating to proposed bond issue for parking facilities expansion prepared by O'Connor, Brooks and Co" Special Session, Jttne 20, 1977 311 certified public accountants, dated May 25, 1977: and WHEREAS, there has been submitted to the City Council of the City of Dubuque, Iowa the Report on Revised Parking Fees and Expansion of the Iowa Street Ramp, dated May 1977, prepared by De Leuw, Cather and Company, consulting engineers and planners: and WHEREAS, said reports have been examined by the City Council and finds that same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the Citv of Dubuque, Iowa: Secllon 1. That the Statement of Actual and Projection of Revised 1976 Net Revenue before Debt Service Requirements, dated May 25, 1977, prepared by O'Connor, Brooks and Co., certified public accountants, and the Report on Revised Parking Fees and Expansion of Iowa Street Ramp., dated May 1977, prepared by DeLeuw, Cather and Company, consulting en- gineers and planners, relating to the Expansion of the Iowa Street Parking Ramp, be and the same each is hereby approved, and the City Clerk is hereby directed to cause same to be made a matter of public record. Paosed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 216-77 RESOLUTION to fix a date for the initiation of proceedings for the Issuance of $850,000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Dubuque, Iowa. WHEREAS the City of Dubuque, in Dubuque County, Iowa, has heretofore established a system of public motor vehicle parking facilities in said City consisting of both on-street parking meters and off-street parking facilities and has established regulations for the use and operation thereof inorder to properly regulate and control traffic upon the congested streets within said City: and WHEREAS in order to expand and improve said system of public motor vehicle parking facilities Parking Facilities Revenue Bonds of Said City were heretofore issued under date of June 1, 1964, of which bonds in the amount of $900,000 are now outstand- ing, numbered 71 to 250, inclusive, bearing various rates of interest and maturing serially on January 1 of each of ther respective years 1978 to 1994, inclusive, and Parking Facilities Reven- ue Bonds, 1968 Series, of said City were heretofore issued under date of January 1,1969, of which bonds in the amount of $515,000 are now outstanding. num- bered 18 to 120, inclusive, bearing in- terest at the rate of Five per cent (5% per annum, and maturing serially on January I of each of the respective years 1978 to 1996, inclusive, and in and by the proceedings authorizing the is- suance of said outstanding bonds, and as recited on the face of each of said bonds the right was reserved to the City to from time to time authorize and issue additional parking facilities revenue bonds ranking on a parity with the bonds therein authorized under certain conditions and restrictions: and WHEREAS there are no other bonds or obligations now outstanding which are payable from or constitute a lein upon the net revenues of said parking system and the conditions and restric- tions with respect to the issuance of additional bonds ranking on a parity with said outstanding bonds as set forth in the proceedings authorizing their issuance can now be met so that the bonds hereinafter proposed to be issued may rank on a parity therewith: and WHEREAS the location and physical characteristics of the business area, together with the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sections of said City, thus preventing the free circulation of traffic in, through and from said City, impeding the rapid and effective han- dling of fires and operation of police forces and endangering the health, safety and welfare of the general public: and WHEREAS public convenience and necessity will be served by adding to, extending and improving said system of public motor vehicle parking facilities as contempiated and recommended by reports prepared by De Leuw, Cather and Company, consulting Engineers, in I,ll II I1II Iii II,! J 312 Special Session, June 20, 1977 1975,1976 and 1977 and now on file witb the City Clerk, and consisting of con- structing an addition to the Iowa Street Parking Ramp in the business district of the City to accommodate more cars: and WHEREAS traffic conditions upon the streets of said City are such as to necessitate and require for the public benefit, safety and convenience of said City and its inhabitants that said ramp addition be constructed, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said city be alleviated and properly controlled: and WHEREAS the system of public mo- tor vehicle parking facilities of said City constitutes a "City enterprise" within the meaning of Sections 384.24 and 384.80 et seq. of the Code of Iowa, 1975, an amended, and the extension and improvement of said system through the construction of the addition to the Iowa Street Parking Ramp constitutes a "Project" within the meaning of Sec- tions 384.80 et seq. of the -Co~e of Iowa, 1975, as amended, which may be fin- anced through the issuance of revenue bonds payable from the net revenues of said parking system: and WHEREAS the cost of constructing said additional off-street public motor vehicle parking facilities has been es- timated to be $1,800.000, of which. $950,000 is to be paid from cash on hand, including federal revenue sharing funds, and as authorized under the provisions of Sections 384.80 et seq. of the Code of Iowa, 1975, as amended, it is necessary that revenue bonds of said City be is- sued in the amount of $850,000 to pay the balance of the cost of such addi- tional facilities: and WHEREAS before proceedings for the issuance of such bonds are initiated it is necessary to fix a date of meeting of this City Conncil at which it is proposed to take such action and to give notice thereof as required by Section 384.83 of the Code of Iowa, 1975, as amended: NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE City Council of the CityofDubuque, Iowa, as follows: Section 1. That this City Council meet on the 5th day of July, 1977, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M" at which time and place proceedings will be instituted and action taken for the issuance of Parking Facilities Revenue Bonds 1977 Series, of said City in the principal amount of $850,000 for the purpose of paying the cost, to that amount of acquiring the additional public motor vehicle parking facilities in and for said City as referred to in the preamble hereof. Section 2. That the City Clerk is her- eby directed to give notice of the proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by publication as least once not less than four (4) nor more tban twenty (20) days before said meeting in the "Tele- graph-Herald," a legal newspaper pub- lished in the City of Dubuque, Iowa, and having a general circulation within said City. Said notice shall be substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF PARKING FACILITIES REVENUE BONDS, 1977 SERIES The City Council of the City of Dubnque, Iowa, will meet on the 5th day of July, 1977, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M" at which time and place proceedings will be instituted and ac- tion taken for the issuance of $850,000 Parking Facilities Revenuw Bonds, 1977 Series, of said City, bearing interest at a rate or ràtes not exceeding Seven per cent (7%) per annum, for the purpose of paying the cost, to tbat amount, of extending and improving the system of public motor vehicle parking facilities of said City by constructing an addition to the Iowa Street Parking Ramp in the business district of said City. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but said bonds, together with presently outstanding Parking Facilities Revenue Bonds of said City dated June I, 1964, and Park- ing Facilities Revenue Bonds, 1968 Se- ries of said City dated January I, 1969, and any additional bonds of said City as may be hereafter issued and outstand- ing from time to time ranking on a parity therewitb, will be payable solely and only from the future net revenues derived from the operation of the sys- tem of p\lblic motor vehicle parking facilities of said City, consisting of the net revenues of its off-street parking facilities and the net revenues of its on-street parking meters. At the time and place fixed for said meeting, as set forth above, the City Council of said City will receive oral or written objections from any resident or property owner of the City. Special Session, June 20, 1977 313 By order of the City Council of the City of Dubuque, Iowa, this 20th day of June, 1977. Leo F. Frommelt City Clerk Section 3. That all orders or resolu- tions, or parts of orders or resolutions in confiict herewith be and the same are hereby repealed. Section 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed for further consideration of the matters herein set forth. Passed and approved June 20,1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded June 20,1977 Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. June 15, 1977 Honorable Mayor and City Council The City of Dubuque has been ad- vised that $1,818,000 has been allocated as the targeted amount under the second round of the Public Works Act. We recommend the following projects be updated as to costs and resubmitted in the following order of priority. T"g,wd Am,,", PmJ"" P"klog R,mp Addi""" 1443.960 G"'oho","-P""o, H""" ................ 191.525 E'p""""o"fC"yG,"g' 243.029 17thStm,ISt","S,wec 5J7.820 !I.BIS,OOO J.50B.334 &1,",et"Pmg"m.... I 3H.B86 We have found it necessary to eliminate the 4th Street Construction Project from further consideration at this time in view that the Iowa Depart- ment of Transportation has not ap- proved the project for participation in the Federal Aid to Urban Systems pro- gram as the final plans for the new bridge, approaches, etc. have not been fully resolved. We would request your consideration of the following projects to ntilize the remaining balance of $311,666. This figure is subject to some refinement as the above projects are updated. Madison Street Steps. . . . . .. $250,000 Reconstruction of Flora Park Tennis Courts.. .. . . . .. ... $ 50,000 We would suggest that the following additional projects might be considered at a later date in the event a favorable bid is received on June 29 for construc- tion of the Iowa Street Parking Ramp Addition. Such a favorable bid would reduce the $553,960 as listed above to something less. Sanitary Sewers (Edwards & RET).... ....... .$50,000 Boat Ramp. . . . . . . . . $40,000 10th Street Lighting.. .. . $11 ,000 Additionally, we believe the inclusion of the 17th Street Storm Sewer Project should perhaps be reconsidered in view of its high cost to accomplish. The Pub- lic Works Act as it is written may not permit its withdrawal and the substitu- tion of other projects in its place. In the event such withdrawal is possible you may wish to consider the following projects. City Hall Renovation..... $100,000+ FDR Park Improvements.. $ 50,000 Marshall Park Improvements $ 50,000 Pedestrianway Construction (Main Street-4th to 5th) $150,000 Library Improvements. . .. $ 50,000 In order for the City to resubmit any of the original projects or new projects, it is necessary to provide the Federal agency a listing of the projects in order of priority at a total cost which is not to exceed $1,818,000. This prioritizing we would request be done on Monday evening, June 20. In any event all re- submission and new submissions must be received by the Federal agency no later than July 15. The attached resolutions authorize the resubmission of the four projects and the conducting of environmental assessments of new projects. We will also have available at the Monday evening Council meeting, additional resolutions for your adoption to auth- orize the submission of new projects as they are identified during the course of the meeting. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Stackis. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. ~- 314 Special Session, June 20, 1977 In response to the Manager's com- munication the following list of priori- ties was set up: Flora Park Tennis Courts - $60,000., Boat Ramp - $40,000., Sewers - $50,000., FDR Park - $50,000., Marshall Park - $50,000" City Hall Ren- ovation - $50,000 TOTAL - $300,000. Councilman Tully moved adoption of the priorities as listed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Councilman Tully moved authoriza- tion of execution of applications. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Richard Kieffer et al (45 signers) requesting consideration in tbe priority list of projects to complete con- struction of the 16th Street launching facility for small craft: facilities to dock the Delta Queen, other recreational im- provements, presented and read. Coun- cilman Tully moved that the petition be received and filed. Seconded byCoun- cilman Pregler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 217-77 RESOLUTION authorizing the execu- tion and resubmlsslon of a local publIc works Capital Development and Investment Program Appllcation. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds under Title I of the Public Works Em- ployment Act of 1976 for the expansion of the Greenhouse Potting House: and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21,1976 in the Dubuque Telegraph Herald, a newspsper of general circulation: and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976: and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE City of Dubuque, Iowa: Section 1. That it is hereby found and determined that there have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit a Local Public Works Capital Development and Investment Program application, including all understnd- ings and assurances contained therein, for the expansion of the Greenhouse Potting House. Section 4. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wetrtzberger. Nays - None. . RESOLUTION NO. 240-77 RESOLUTION authorizing the execu- tion and resubmission of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds under Title I of the PUblic Works Em- Special Session, June 20, 1977 315 ployment Act of 1976 for the expansion of the City Garage: and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation: and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976: and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. NOW THEREFORE, BElT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That is bereby found and determined that there have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit a Local Public Works Capital Development and Investment Program application, including all understand- ings and assurances contained therein, for the expansion of the City Garage. Section 4. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved 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- 241-77 RESOLUTION authorizing the Execu- tion and Resubmlssion of a Local Public Works Capital Develop- ment and Investment Program ApplIcation. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds under Title I of the Public Works Em- ployment Act of 1976 for construction of the 17th Street Storm Sewer: and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the Project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation: and WHEREAS, no objections, either written or oral, were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976: and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That it is hereby found and determined that there have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Section 2. Thât the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and re- submit a Local Public Works Capital Development and Investment Program application, including all understand- ings and assurances contained therein, for the construction of the 17th Street Storm Sewer. --- 316 Special Session, June 20, 1977 Section 4. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved 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. 242-77 RESOLUTION authorizing the execu- tion and resubmlsslon of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the City of Dubuque under date of October 25, 1976 submit- ted an application for certain funds I under Title 1 of the Public Works Em- ployment Act of 1976 for the expansion of tbe Iowa Street Parking Ramp: and WHEREAS, an ad hoc Environmental Review Committee completed an en- vironmental assessment of said Project on September 16, 1976 and public notice of a finding of "no significant effect on the environment" for the project was placed on file in the office of the City Clerk and published September 21, 1976 in the Dubuque Telegraph Herald, a newspaper of general circulation: and WHEREAS, no objections, either written or oral. were received to the Project during the course of a duly conducted public hearing by the City Council on October 18, 1976: and WHEREAS, the City of Dubuque proposes to update and resubmit the application for funds for the said Project under the Act as amended by the Public Works Employment Act of 1977. NOW THEREFORE, BE iT RE- SOLVED BY THE CITY COUNCIL of the City of Dnbuque, Iowa. Section 1. That it is hereby found and determined that there have been no significant changes to the said Project between September 16, 1976 and the date of this Resolution and which would require an additional environ- mental assessment. Secllon 2. That the Environmental Review Record previously placed on file in the Office of the City Clerk shall remain available for examination and copy by any interested parties. Section 3. That the Mayor of the city of Dubuque be and he is hereby anth- orized and directed to execute and re- submit a Local Public Works Capital Development and Investment I'rogram application, including all understand- ings and assurances contained therein, for the expansion of the Iowa Street Parking Ramp. Section 4. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved 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. 218-77 AUTHORIZING an Environmental Review of Certain Public Works Prolects. WHEREAS, the Public Works Em- ployment Act of 1977 authorizes certain funds for employment opportunities in area of high unemployment through the expeditious construction for renovation of public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act: and WHEREAS, the Economic Develop- ment Administration, the Federal agency charged with the administration of the program, will conduct an envir- onmental analysis of projects proposed to be funded under the Act: and Special Session, June 20, 1977 317 WHEREAS, the City of Dubnque de- clares its intent to assist the Economic Development Administration to carry out its responsibilities under the Na- tional Environmental Policy Act of 1969, as amended, by conducting at the local level an environmental review of each public works project under con- sideration for submission by the City to the Federal agency. NOW THEREFORE, BE iT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be and be is hereby authorized and direct- ed to convene an Ad Hoc Environmen- tal Review Committee to assess the impact on the environment and the nature of the envirohment to be affect- edfor each of the several public works to be submitted to the Economic Development Administration. Section 2. That the City Clerk is her- eby autborized and directed to place a copy of the Environmental Review Record for each of the several projects on file in his office for public inspection and to publiSh a Notice of the Findings of the Ad Hoc Environmental Review Committee in the Dubuque Telegraph Herald, a newspaper of general circula- tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Passed, apprOved and adopted this 20th day of June, 1977. Emil STackis Mayor James E. Brady WalterA. Pregler Richard Wertzberger Thomas A. Tully Jr. Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 219-77 RESOLUTION Authorizing the llsting of Public Works Projects in order of priority WHEREAS, the Local Public Works Capital Development and Investment Act of 1976 as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque is ah eligible recipient for such funding to carry out public works as defined by the Act: and WHEREAS, the City of Dubuque must provide the Federal Agency a prioritization of projects as a condition precedent to the consideration of any refiled or new application to be submit- ted under the provisions of the Act. NOW THEREFORE, BE iT RE- SOLVED BY THE City Conncil of the City of Dubuque, iowa. Section 1. That the City Council of the City of Dubuque hereby designates the followihg projects in their order of priority for submission to and con- sideration by the Economic Develop- ment Administration. R,"k'o, Pmi"t I £"00"00 of fowo S"eet P,,"og R,mp CoO'"oolfoo of G","ho""PotUog H""e £'p,o,i" of Cfty Go"ge CoO'tmclf" of 17th S"oet Strom SOW" R"","oolfoo of Flom Pmk T"o', Com" Schmitt ",,"'"""h'Bo" Romp Edwmd,S,oftm"Sew"Uoe RFT S'"""" Sew" Uoe FOR Pmk Impmyomoo" M"'h'" Po,k lmpw"m"," c;tynollRooonlfoo 6 7 8 9 10 1I Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to certify to the Economic Development Administration priori- tization of projects to be refiled and or newly submitted pursuant to the provi- sions of Round II of the Local Public Works Capital Development and in- vestment Program. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor James E. Brady Walter A. Pregler Richard Wertzberger Thomas A. Tully Jr. 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. 220-77 RESOLUTION authorizing the Execu- tion and Submission of a Local 318 Special Session, June 20, 1977 Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works ad defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Reconstruction of Flora Park Tennis Courts. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Reconstruction of Flora Park Tennis Courts. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Econonlic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 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. 221-77 RESOLUTION authorizing the execu- tion and submission of a Local ,,"ubllc Works Capital Develop- ment and Investment Program Appli~ation WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- itIes in areas o(high unemployment through the,expeditious construction or renovation of useful public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Schmitt Harbor Public Boat Ramp. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Secllon 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Schmitt Harbor Public Boat Ramp. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 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. 222-77 RESOLUTION authorizing the Execu- tion and submission of a Local Public Works Capital Develop- ment and Investment Program application. SpeCial Session, June 20, 1977 319 WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in area of high unemployment through the expeditious construction or renovation of useful public facilities: and WHEREAS, the City of I?ubuque is an eligible recipient for such funding to carry out public works as defined by the Act: and . '. WHE~EAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expe.dite the processing of a project identified' as Construction of Edwards Sanitary Sewer Line. . NOW THEREFORE,' BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: . Section 1. That the May{)r of the City of Dubuque be and he is h~reby auth- orized and directed to execute and sub- mit a Local Puhlic Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Constructión of Edwards Sani- tary Sewer Line. " Secllon 2. Tbat the City Manage~.of . the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support'the at1\rementioned application. Passed, approved and adopted this 20th day of June, 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. 223-77 . RESOLUTION authorizing the Execu- lion and Submission of a Local Public Works Capital Develop- ment and Investment Program Application WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Construction of RET Sanitary Sewer Line. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- ,mit a Local Public Works Capital . Development and Investment Program Application, including all understand- irigs and assurances contained therein, for the Construction of RET Sanitary SeWer Line. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned.application. Passed, approved and adopted this 20th day of June, 1977. Emil Stackis Mayor Tliomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of tlie Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, pregler, Tully, Wertzberger. Nays None. RESOLUTION NO. 224-77 RESOLUTION authorizing the Execu" tlon and Submission of a Local Public Works Capital Develop- ment and Investment Program Application . WHEREAS, the Local Public Works Capital Development ami Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- 320 Special Session, June 20, 1977 orizes funds for employment opportun- ities in area of high unemployment through the expeditious construction of renovation of useful public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as FDR Park Improvements. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the FDR Park Improvements. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 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. 225-77 RESOLUTION authorizing the Execu. tlon and Submission of a Local Public Works Capital Develop- ment and Investment Program Application. WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977,auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construeition or renovation of useful public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to carry out public works as defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Marshall Park Improvements. NOW THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Marshall Park Improvements. Section 2. That the City Manager of tbe City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 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. 226-77 RESOLUTION authorizing the Execu- tIon and Submission of a Local Public Works Capital Develop" ment and Investment Program Application WHEREAS, the Local Public Works Capital Development and Investment Act of 1976, as amended by the Public Works Employment Act of 1977, auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities: and WHEREAS, the City of Dubuque is an eligible recipient for such funding to Special Session, June 20, 1977 321 carry out public works as defined by the Act: and WHEREAS, the City of Dubuque will conduct at the local level an environ- mental assessment to expedite the processing of a project identified as Renovation of City Hall. NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa. Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Renovation of City Hall. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Passed, approved and adopted this 20th day of June, 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. 227-77 Preliminary Estimate, in the amount of $33.647.74, for City of Dubuque 1977 Curb Replacement Project - 2256.7 line. ft. curb and 6259.6 sq. ft. sidewalk, pre- sented and read. Councilman Tully moved adoption of the Resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Necessity for Improvement) RESOLUTION NO. 228-77 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The length of curb improvements. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. for the City of Dubuque 1977 Curb Replacement Project. BE IT THEREFORE RESOLVED THAT THE City Council on its own motion or upon petition of property owners; deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Community Development Fund. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 20th day of June, 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 approval of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Fixing date of hearing) RESOLUTION NO. 229-77 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 227-77 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the City of Dubuque 1977 Curb Replacement Project and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and now on file in the City Clerk's office for public inspection, - - 322 Sþècial Session, June 20, 1977 BE IT THEREFORE RESOLVED that on the 5th day of July, 1977 a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in tbe City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specification and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause oa notice of the time and place of such hearing to be publisbed in some newspaper published in the city of Dubuque, the first of which shallnot be less than/our nor more than 20 days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections, they shall have been deemed to bave waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 20th day of June, 1977 Emil Stackis Mayor James E. Brady Walter A. Pregler Thomas A. Tully Jr. Richard Wertzberger Councilmen munity Development Fund after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed on or before 45 days after "Notice to Proceed" has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shallbe in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th day of June, \977 Emil Stackis Mayor James E. Brady Walter A. Pregler Thomas A. Tully Jr. Richard Wertzberger 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. May 18, 1977 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, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays - None. (Ordering Construction) RESOLUTION NO. 230-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Dubuque that pursuant to a resolution of neces- sity No. 228-77 which was duly passed by tbis Council, for the City of Dubuque 1977 Curb Replacement Project be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. . BE IT FURTHER RESOLVED that cost and expense of the said im- provements be paid for from the Com- To the Honorable Mayor and City Council I hereby submit the plans and specifications for the Pedestrian Curb Ramps. Gilbert D. Chavenelle City Manager 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. 231-77 Preliminary Estimate, in the amount of $14,676.88, for construction of Pedes- trian Curb Ramps, presented and read. 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. (Necessity for Improvement) RESOLUTION NO. 232-77 WHEREAS, proposed plans, ø,- Special Session, June 20, 1977 323 specifications, and form of contract have been duly prepared and approved by the City Conncil 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 Pedestrian Curb Ramps. BElT 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 it the time of the Jinal 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 shall be paid from the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of June, 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A.Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Counciimen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Ordering Construction) RESOLUTION NO. 233-77 BE IT RESOLVED BY THE City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 232-77 which was duly passed by this Council for the construction of Pedestrian Curb Ramps 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 con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from the Community Development Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law. 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 20th day of June, \977. Emil Stackis . Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City CierI< Councilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Itegler, Tully, Wertzberger. Nays -None. (Fixing D~te of Hearing) RESOLUTION NO. 234-77 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 Pedes- trian Curb Ramps. BE IT THEREFORE RESOLVED that on the 5th day of July, 1977, 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 publi'hedin some new- spaper published in the City of Dubuque which will be not less tban four nor more than twenty days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise -- - 324 Special Session, June 20, 1977 Special Session, June 20,1977 325 Ramada Inn Randall's Foodarama Randall's Foodarama #2 Rita Schueller Jack Siefker Francis J. Shanahan Steve Smith Stampfer's Dept. Store Sunny Crest Manor Tail n Ale of Dubuque for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen of the Resolution. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. RESOLUTION NO. 235-77 BE IT RESOLVED BY THE City Council 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 Cigarettes and Cigarette Papers within said City. Village Inn Restaurant Mary J. Vreeland Woolworth's Store A. Y. McDonald Mfg. Co. Thomas M. Astgen Marie Becker Crane Enterprises, Inc. Creslanes Bowling, Inc. Rudolph Dittmar Dodge House Motel ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption John Andresen John Andresen Aquinas Institute of Theology Carl N. Brant JoAnn Klauer-Pamela Schurbon Clark Oil & Refining Corporation Corner Tap Ltd. C. K. of Dubuque, Inc. Dubuque Municipal Airport Vivian Heinz Kennedy Mall 229 8th St. 2570 Asbury Rd. 2600 Central Ave. lith & Jackson St. 1105 Dodge St. 2093 Washington St. 3187 University Ave. Highway US 61 So. 3301 Pennsylvania Ave. Melvin L. Donovan Melvin A. Spiegelhalter J. D. Dunbar Victorina Ellis Robert C. Ender Ken Fenelon Finer Foods Restaurant, Inc. Mary K. Ford Lorraine A. Fransen Peter J. Oeth-Dennis Slowey LaVern Hennen Hartig Drug Company Hartig Drug Company Hartig Drug Company Hartig Drug Company Iowa Inn Donald Kies John Mihalakis Beverly R. Miller Montgomery Ward Co. Richard O'Hara Ruth Oxberger & Roger Piekenbrock R & S Enterprises Patricia Revelle Sally Jo Roy Pete Sfikas Thompson's Food Markets, Inc. Oky Doky #6 Thompson's Food Markets, Inc. Oky Doky #9 Thompson's Food Markets, Inc. Oky Doky # 15 Will Co. Inc. Oky Doky # 10 American Legion Dubuque Post # 6 700 Town Clock Plaza 97 Locust St. 2255J.F.K.Rd. 2225 Central Ave. 125 W. 9th St. 2620 University Ave. 2095 Kerper Blvd. 260 Southern Ave. 555 J.F.K. Rd. 70 So. Locust St. Clarence R. Jones Marc's Big Boy-Dubuque Catherine M. Meyer Miller, Neil. Inc. Mr. Steak #121 Groves-Kelco, Inc. Joseph Polfer Regal 8 Inn John L. Savary Kayla Smith-Karen Ohnesorge 504 Bluff St. 485 Central Ave. 2776 Jackson St. 400 Central Ave. 401 Central Ave. 1250 Iowa St. 5lW.32ndSt. 1545 So. Grandview Ave. 805 W. 5th St. 1306 Delhi St. Kenneth Stecklein Richard H. Tigges Trausch Baking Company University of Dubuque Carl Van Duelman Thomas E. Andresen Daniel W. Bauer William J. Baum Gary L. Bleile Design Center Inc. Design Center Inc. Paul E. Anthony Virginia Ann Baker Jack Bastian William C. Brown Publishing Richard B. Winsor Mike Clark Donut Hut Ltd. Donut Hut Ltd. Dubuque Mining Co. Marco Giunta 1185 Dodge St. 3345 Hillcrest Rd. 253 Main St. 2460 Kerper Blvd. Bunker Hill Rd. 1322 Central Ave. 2900 Central Ave. 1555 J.F.K. Rd. Kennedy Mall 2022 Central Ave. Dubuque Golf & Country Club Fischer Bowling Lanes Lorraine Gordon Ralph J. Grabow The Great Atlantic & Pacific Tea Co., Inc. JoTer Incorporated Bar X Inc. Heron, Inc. David H. Hoffman-William J. Dix Iowa Oil Company James Kachevas Knights of Columbus Larry Kratzer James Lange Thelma Lenstra 665 Dodge St. 781 Locust St. 2417 Rhomberg Ave. 2600 Dodge St. 410 W. 8th St. U.s. 20 at Mercer Dr. 2600 Dodge St. 2013 Central Ave. Town Clock Plaza 1081 University Ave. 2501 Rhomberg Ave. 1105 University Ave. Town Clock Plaza 2375 Roosevelt 2560 Dodge St. 1940 J.F.K. Rd. 1298 Main St. Kennedy Mall 12th & Pine Sts. 1101 Rhomberg Ave. 206 W. 3rd St. Asbury Sq. 255 So. Main St. 1646 Asbury Rd. 701 Dodge St. 1876 Central Ave. 1029v,MainSt. 504 Central Ave. 120W.4thSt. 2098 Central Ave. 3130 Jackson St. 1027 Rhomberg Ave. 1100 Lincoln Ave. 703 Dodge St. 3300 Asbury Rd. 1618 Central Ave. Plaza 20 530 E. 22nd St. 629 Rhomberg Ave. 2660 Dodge St. 1920 Elm St. 2612 Dodge St. 2680 Dodge St. 827 Dodge St. 2186 Central Ave. 2480 University Ave. 1701 Asbury Rd. 25 Main St. 2050 University Ave. 590 Clarke Dr. 1080 University Ave. 351 Dodge St. 2995 Central Ave. 113 Main St. 200 Main St. Fischer Bldg. Randall PI. 880 Locust St. 2327 Central Ave. 1050 University Ave. 3333 Asbury Rd. 31-35 Locust St. 2616 Windsor Ave. 709 University Ave. 450 W. Locust St. 1481 Dodge St. .1 IiI 326 Special Session, June 20, 1977 Gerald C. Kirchberg Elizabeth Krajnovich Kenneth J, Lov~ Merlin Moret! Paul Schollmeyer Wareco System of Iowa Chuck N. Wong Benevolent and Protective Order of Elk's Robert Broughton Josephine A. Burk~ Carousel Snack Bar Rita Clancy Clarke College Dubuque Marina, Inc. Fraternal Order of Eagles # 568 Donna Ginter John and Patrick O'Hara Junnie's & Chuck's Sport Center K-Mar! Store #4018 KWICK Foods Texaco Station William H. Lammer Jim Mcintyre Joyce L. Moeller Gary Neilson-Dwaine Bowman Nachtman Tire Co. ' Donald Plumley Roshek's Dept. Store Donald Sand Supermarket Corp. Taco John #3 Lona's Inc. Passed, adopted and approved this 20th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady 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. 236-77 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 oftheCity of Dubuque; Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. 3203 Jackson St. 481 Locust St. 802 Central Ave. 3198 Central Ave. 176 LocustSt. 700 Rhomberg Ave. 378 Main St. 2699 J.F.K. Rd. 205 Locust St. 1445 Central Ave. 555J.F.K.Rd. 201 E. 22nd St. 1550 Clarke Dr. New City Harbor 1175 Century Dr. 342 Main St. 855 Centúry Dr. 2095 Kerper Blvd. 2600 Dodge St. 1075 Dodge St. 2336 Central Ave. 500 Rhomberg Ave. 1604 Central Ave. 841 Central Ave. 7th & Bluff St. 5th & Locust Sts. Kennedy Mall 2364 Washington St. 1101 Central Ave. 1215 Dodge St. 620E.16th'St. CLASS "B" BEER PERMIT Catherine M. Meyer, 530 East 22nd St. CLASS "C" BEER PERMIT Vivian M. Heinz, 3301 Pennsylvania Ave. Passed, adopted and approved this 20th (iay of June, 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 tbe Resolution. Seconded by Mayor Stackis. Carried by the following vote: Yeas- Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 237.77 WHEREAS, applications for Beer Permits werè filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- Special Session, Jttne 20, 1977 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 tbe City of Dubuque, Iowa, that the Man- ager be authorized to caUse to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Catherine M. Meyer, 530 East 22nd St. CLASS "B" BEER PERMIT Vivian M. Heinz, 3301 Pennsylvania Ave. Passed, adopted and approved this 20th day of June, 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. 238-77 WEHEREAS, 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 follow- ing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS"C" (COMMERICAL) BEER AND LIQUOR LICENSE Creslanes Bowling, Inc" (Also Sunday Sales), 255 South Main St. Donna M. Ginter, (Also Sunday Sales), 342 Main St. Heron Inc" 709 University Ave. Elizabeth Krajnovich, 481 Locust St. Eugene Arthur Otting, 1689 Elm St. Thelma Paradiso, 3050 Asbury Rd. Dolores Roeth, 600 Central Ave. Donald T. Sand, 2364 Washington St. John L. Savary, 827 Dodge St. Paul Schollmeyer, 176 Locust,S!. Melvin A. Spiegelhalter, 1029\\ Main St. Barney Willenborg, 1311 Rhomberg Ave. Ron Blakeman, 1046 Central Ave. JoTer Incorporated, (Also Sunday Sales), 35 Locust St. Tail-n-Ale of Dubuque Inc., (Also Sun- day Sales), 2560 Dodge St. Passed, adopted and approved this 20th day of June, 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. 239-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council: and WHEREAS,the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERICAL) BEER AND LIQUOR LICENSE Creslanes Bowling, Inc. (Also Sunday Sales), 255 South Main St. Donna M. Ginter, (Also Sunday Sales). 342 Main St. Heron Inc., 709 University Ave. Elizabeth Krajnovich, 481 Locust St. Eugene Arthur Otting, 1689 Elm St. Thelma Paradiso, 3050 Asbury Rd. Dolores Roeth, 600 Central Ave. John L. Savary, 827 Dodge St. Paul Schollmeyer, 176 Locust St. Melvin A. Spiegelhalter, 1029\\ Main St. Barney Willenborg, 1311 Rhomberg Ave. Ron Blakeman, 1046 Central Ave. JoTer Incorporated, 35 Locust St. Tail-n-Ale of Dubuque Inc., 2560 Dodge St. Donald T. Sand, 2364 Washington St. Passed, adopted and approved this 327 328 Special Session, June 20, 1977 1977 20th day of June, 1977 Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen There being no further business, Councilman Pregler moved to adjourn the meeting to July 5, 1977 at 7:30 P.M. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk 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. Communication of tbe City Council, addressed to Patricia Roberts Harris Sec'y U.S. Department of Housing and Urban Development in Washington, requesting a review of the low Fair Market Rental Rate allowed under Sec- tion 8 existing housing program existing in Dubuque, presented and read. Coun- cilman Pregler moved that the com- munication be approved for dispostion. Seconded by Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Approved Adopted Councilmen ATTEST: City Clerk 1977 Special Session, June 29, 1977 329 CITY COUNCIL OFFICIAL Special Session, June 29, 1977 Council met at 4:15 P.M. (C.D.T.) Present - Mayor Stackls, Council- men Brady, Pregler, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this meeting is called for t)1e pur- pose of considering A Resolution Auth- orizing the Execullon of an Agreement with the C.M.ST.P. and P.R.R. Co. and Iowa Dot for reconstruction of Railroad crossings on 14th and 15 and 16th streets and acting upon such other bu- siness as may properly come before a regular meeting of the Council. June 24, 1977 To the Honorable Mayor and City Council The Iowa Department of Transporta- tion is sponsoring a program of railroad crossing improvements throughout Iowa. The program is financed one- third by the Department ofTransporta- tion, one-third by the respective rail' road, and one third by the individual City. We would propose to reconstruct the crossings at 14, 15th and 16th Streets under the program. The Chicago, Mil- waukee, St. Paul and Pacific Raijroad has two rails at these crossings, the Chicago and Northwestern Transporta- tion Company has three rails. We have made application to mOT and the rail- roads for their participation in the pro- gram. We have received favorable re- sponse from the Chicago Milwaukee, however, it looks as if the Northwestern will not be participating in the program. The cost of the track reconstruction at the three locations would be $85,206 the City's share being $28,402. This would include the entire replacement of the crossings with new ra[¡, ties and asphalt surfàcing. Since there is a July I, 1977 cutoff on the funding of the program, it is neces- sary that the agreements be signed at the June 29, 1977 Council Meeting. I would recommend that we proceed with the program as outlined. Gilbert D. Chavenelle City Manager 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. RESOLUTION NO. 243.77 Resolution authorizing the execution of an agreement with the Çhicago Mil- waukee, St. Paul and Pacific Railroad Company and the Iowa Department of Transportation. relating to the recon- struction of the railroad crossings on 16th Street 15th Street and 14th Street. BE IT RESOLVED that Mayor and City Clerk be and they are hereby auth- orized and directed to execute the afor- ementioned agreement. Passed, approved and adopted this 29th.day of June, 1977 EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Stackis , Councilmen . Pregler, Tully, Wertzberger. Nays - Councilman Brady. Councilman Pregler moved that the City Manager and City Solicitor þe dir- ected to investigate possiblity of recouping the City share of $28,402 after completion of reconstruction of the track project. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Application fór a Class B Beer Permit for Triangle Investments .Inc. d/b/a Godfather's Pizza was presented. Councilman Pregler moved that action on the application be tabled until the meeting of July 5, 1977. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully,W~rtzberger. Nays - None. RESOLUTION NO. 244-77 WHEREAS, the Dubuque Airport Commission and the Tri-State Flite Ser- vices, Inc. have entered into a written lease agreement for the leasing of a certain portion of airport property: and WHEREAS, said term of lease is in excess of three years, a copy of which is hereto attached, marked Exhibit "A": and 330 Special Session, June 29, 1977 WHEREAS, the Airport Commission has published notice of intent to enter into said lease in accordance with sta- tute in the Telegraph-Herald, a New- spaper of general curculation published in the City of Dubuque, Iowa: and WHEREAS, said public hearing was , held on June 23, pursuant to said notice in the City of Dubuque, Iowa and that no objections were registered against said proposal to enter into said lease: NOW THEREFORE BE IT RE- SOLVED BY THE City Council of the City of Duhuque, Iowa: Section 1. That the Lease Agreement by and between the Dubuque Airport Commission and the Tri-State Flite Ser- vices, Inc. dated June 23, 1977 be and the same is hereby approved and ratified. Passed, approved and adopted this 29th day of June, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Ricbard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuily, Wertzberger. Nays-None. At 5:05 P.M. Councilman Pregler moved to go into executive session for the purpose of appointing citizens to various Boards and Commissions. Seconded hy Mayor Stackis. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Council reconvened in regular session at 6:06 P.M. Councilman Pregler moved the fol- lowing appointments: Rehabilition Commission Wm. Hammel and Ed Rosenow: Area "C" Development Study Commission Richard Wertzberger: Community Development Commission Ron Hahlen: Airport Zoning Commis- sion reappointtnent to six year terms Harry Chambers and Robert Waller: to 5-14-83: Advisory commission for three year terms Helen Spielman and Lynn Beauchamp to 6-1-1980: Library Board Rev. Karl Scbroeder to 7-1-83, Leland Stocker to 7-1-83, Mrs. Fred Rutan to 7-1-83 all six year terms to replace Robert G. Holscher, Ken Pease, and Mrs. Mabel Hoffmann respectively: Five Flags Commission Phil Kelly and Mer- Iyn Pierce for 1 year terms and Dave Bonnett, Vaughn Gayman and RH. Wahlert to 2 year terms: Recreation Commission reappoint Paul Russo for a three year term to 7-5-80: TV Cable Commission Rex Reynolds, Gary Haverland, Charles Ellis, James Renier, Thomas Faulkner, Don Allendorf, Wm. Alfredo, Don Abitz: Historical Preser- vation Commission George Biasi, Louis Kirkwood, Martha Lundh, Paul Ros- siter, Tom Reilly, Charlotte Solomon, Mike Pratt. Seconded by Councilman, Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. There being no further business Councilman Wertzberger moved to ad- journ. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tuily, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved 1977 Adopted 1977 ..................... .............. ................ ............... . ATTEST: Councilmen ............. City Clerk 331 Regular Session, July 4, 1977 CITY COUNCIL Regular Session, July 4,1977. There being no members present, the Meeting was adjourned sublect to call. Approved Adopted 1977 1977 Councilmen ATTEST: City Clerk