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1977 August Council Proceedings 400 Special Session, July 19, 1977 by tbe City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (I) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Five Flags Civic Center located at 4th, 5th Locust and Main Streets, Dubuque, Iowa. BE IT THERFEFORE RESOLVED THAT THE City Council on its own motion, 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 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 ard are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out oflunds of a General Bonds Issue and other funds legally permissible. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of July, 1977. Approved and placed on file for final action. hearing will be held at 7:30 p.m. in the Council Chamber of tbe City of Dubuque at which time the objectors for the proposed plans and specifica- tions and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the official designated newspaper for pub- lication of the City of Dubuque at least once, not less than four nor more than twenty days prior to date fixed for it' consideration and City Clerk is further directed to advertise for proposals for construction of the aforementioned improvement. Passed, approved and adopted this 19th day of July, 1977. EmilStackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays - None. Absent - Councilman Tully. There being no further business, Councilman Wertzberger moved to adjourn. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Absent - Councilman Tully Leo F. Frommelt City Clerk Approved ".".""""""" 1977 ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved approval of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilman Brady, Pregler, Wertzberger. Nays ~ None. Absent - Councilman Tully. (Fixing Dale of Hearing) RESOLUTION NO. 295-77 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 Five Flags Civic Center located at 4th, 5th Locust and Main Streets, Dubuque, Iowa. BE IT THEREFORE RESOLVED, that on the 1st day of August, 1977, a public Adopted .."...". 1977 """""". "".""."""."" .".."......"".... . """"""""". Councilmen ATTEST: City Clerk Jtegular Session, August 1,1977 401 CITY COUNCIL OFFICIAL Regular Session, August 1, 1977. Council met at 7:30 P.M. (C.D.T) Present - Mayor Stackis, Council. men Brady, Pregler, Tully, Wertzher- ger. City Manager Gilbert D. Chaven- elle. Mayor Stakis read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING OF THE COUNCIL called for the purpose o!acting upon snch husiness as may properly come before the meet- ing. Invocation was given hy Reverend Roh- ert H. Ruppert, Pastor of St. Luke's Unit- ed Methodist Church. Proclamations proclaiming the month of August as "Apprenticeship Month" and Septemherl0, 1977 as "Light the Way for Handicapped people Day" were read, approved and signed hy Mayor Stackis. Communication of Piayground & Rec- reation Commission submitting minutes of their meeting of July 18, 1977, present- ed and read. Councilman Wertzherger moved that the minutes he received and filed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication ofDMATS submitting minutes of their meeting of July 23, 1977, presented and read. Councilman Wertz- herger moved that the minutes be receiv- ed and filed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Community Devel- opment Commission submitting minutes oftheirmeetingof July 12, 1977, present- ed and read. Councilman Wertzberger moved that the minntes be received and filed. Seconded by Conncilman Pregler. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Airport Commission submitting minutes of their meetiog of their meeting of July 14, 1977, presented and read. Councilman Wertzberger that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Commnnication of Citizens Advisory Commission snbmitting minntes of their meeting of June 28, 1977, presented and read. Councilman Wertzberger moved tbat tbe minutes be received and filed. Sec- onded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Five Flags CivicCen- ter Commission submitting minutes of their meeting of July 19, 1977, presented and read. Councilman Wertzberger moved that the minutes he received and filed. Sec- onded hy Councilman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Doek Commission submitting minntes of their meeting of June21,1977,presentedandread.Coun- cilman Wertzherger moved that the min- utes he received and filed. S~conded hy Councilman Pregler. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Communication of Planning & Zoning Commission suhmittingminutes of their meeting of July 19, 1977, presented and read. Councilman Wertzherger moved that the minutes he received and filed. Sec- onded by Councilman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. , Nays-none. Communication of Five Flags Center Building Committee suhmitting minutes of their meetings of July 13 and July 21, '1977, presented and read. Councilman Wertzherger moved that the minutes be received and filed. Seconded by Council- man Pregler. Carried hy the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-oone. Communication of Esther Tauke, Sen- ior Citizen Chairman, expressing thanks for interest shown by supporting Senior Citizens Recognition Month, presented and read. Councilman Pregler moved that the communication be received and filed. Seeonded by Couneilman Tully. Carried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Edward Kruse of 1791 Central Ave. relative to parking sit- uation on Central Ave. and the proposed sticker proposal; also to consider a $30. a quarter fee, presented and read. Council- Pregler moved that the communication be referred to the City Manager and Traf- 402 Regular Session, August 1,1977 fic Department. Seconded hy Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Councilman Pregler suhmitting a list of suggestions for the adoption of a policy decision on the use of City ears, presented and read. Council- man Tully moved that the communication he received and filed and referred to Coun- cil. Seconded hy Councilman Wertzherger. Carried hy the following vote: Yeas-Mayor Stackls, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communication of fowa Northwestern Development Co., conveying an offer to sell approx. 12 acres of real estate adja- cent to Arbor Oaks Suh. and a portion front- ing on Carter Road at $2500. per acre, pre- sented and read. Councilman Wertzber- ger moved'that the eommunieation be re- ceived and filed and referred to the City Manager and Planning & Zoning Com- mission to report hack at earliest conven- ience. Seconded hy Couneilman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communieation of Attorney Allan J. Carew, representing Mrs. Carl A. Clark, ohjecting to the City taking four feet from her side of the street at 2558 University Ave. as part of paving program, present- ed and read. Councilman Pregler moved that the communication he received and filed. Seeonded hy Councilman Wertzher- ger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully, Wertzberger. Nays-Councilman Brady. Jnly 22, 1977 Honorable Mayor and Members of City Council On July 18 the current city budget was amended hy action of City Couneil by trans- ferring $553,960 from Unencumbered Gen- eral Revenue Sharing funds to the Iowa Street Parking Ramp Construction ae- count. The regulations governing the use of revenue sharing funds requires that notiee ofthis aetion he provided the public. The attached form will satisfy this require- ment, and we request your approval to puhlish the notiee in the Telegraph Her- ald. Gent M. Wittenherg Assistant City Manager Couneilman Pregler moved that the communication be received and filed and request he approved. Seconded hy Coun- cilman Wertzherger. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Proof of Puhlieation, eertified to by the Publisher, on July 19, 1977, on notice of hearings to provide $60,000. for relocation of water mains and amending Communi- ty Block Grant Agreement in Urhan Re- newal, presented and read. Couneilman Pregler moved that the proof of publica- tion be reeeived and filed. Seeonded hy Councilman Wertzberger. Carrried hythe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. July 15, 1977 Honorahle Mayor and City Conneil Claim was filed against the CityofDn- huque, Iowa on January 3, 1977hy Gerald Neuhaus of 820 Mt. Loretta claiming dam- ages in the amount of $265.00 and alleging said damages occurred on December 7, 1976 as the result of a plugged sewer causing the sewer in the hasement to hacknp. This matter was referred to the appro- riate City Agency which has made an in- vestigation thereof and has made written report to this offiee of no liability or neg- ligence on the part of the City. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Ger- ald Neuhaus he denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of denial he approved. Sec- onded hy Couneilman Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. July 15, 1977 Honorahle Mayor and City Council On May 27, 1977,elaim was filed on he- half of James Bocek by Henry Voels of 2201 Delmonaeo Drive, this city, claiming dam- ages in the amount of $83.61 to a motor ve- hicle allegedly occuringin the 3100 hlock of West 32nd Street on May 23, 1977 asa result of striking an alleged unbarricaded chnek hole in the street. This matter was referred to the City At- torney who has made an investigation of same, and it is therefore the recommen- dation of the City Attorney's office that said claim he paid in the amount of $83.00: that the City Auditor be instructed to draw a warrant payable to James Bocek and Hen- ry Voels in the amount of $83.00 and trans- Regular Session, August 1, 1977 403 mit s~metotheundersigned for delivery upou receipt of duly executed releases. Original claim is returned herewith. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of settlement he approved. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. July 19, 1977 Honorable Mayor and City Council On December 12, 1976. Mr. Karl "Doc" Miller, Sr., 450 Southern Avenue, filed claim against the City of Duhuque in the amount of $300.00 and alleging anto darl\- ages occuringon Decemher 12, 1976 as the result of the rear wheel allegedly falling into a cateh hasin in front of 1895 Grace Street near Griggs Court, damaging the hub eap and rear fender of his vehicle, This matter was referred to the City Attorney who has made an investigation thereof and has communicated with the claimant; and claimant has made an offer of settiement of said claim in the amount of$25.00. It is the recommendation of the City Attorney that said settlement offer he aceepted, and that the City Auditor be be instructed to draw warrant payahle to Karl Miller in the amount of $25.00 and transmit same to the City Attorney for de- livery upon receipt of properly executed releases. Original notice of claim is retnrned here- with. R.N. Russo City Attorney Councilman Pregler moved that the rec- ~lÍ1mendation of settlement he approved. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzherger. Nays-none. July 27, 1977 Honorahle Mayor and City Couneil On April 2, 1976, Frederick Cole and Charlotte Cole, hnsband and wife, com- menced an action against the City of Du- huque and Dubuque Electric Motor Ser- vice Inc., as defendants, in Law No. 40745 ofDuhuque County District Court, pray- ing for damages in the total amount of $75,000.00 and claiming personal injur- ies as the result of an alleged fall at the southeast corner of the intersection of 13th Street and an alley between Jackson and White Streets in the City ofDuhuque, Io- wa claiming an icy condition thereat. Saidaetion was referred to the City At- torney for defense and appropriate defens- es have asserted thereto, and suhsequent- Iy the plaintiffs have made an offer of set- tlement of $7500.00 plus costs, of which settlement amount the City of Dubuque will eontrihute $1500.00 and the shutting property owner will contrihute $6000.00, and each defendant will pay $100.00 court costs. It is the recommendation of the City At- torney that said offer of settlement he ae- cepted and that the City Auditor be in- structed to draw warrant payahle to Fred- erick Cole and Charlotte Cole in the amount of 1500.00, and warrant payable to Leroy L. Meyer, Clerk of the Court in the amount of $100.00 and to transmit said warrants to the City Attorney for delivery upon re- ceipt of properly executed releases and dismissal with prejudice of said cause. Original petition with original notice and original notice of claim is herewith returned. R.N. Russo City Attorney Councilman Pregler moved that the rec- ommendation of settlement be approved. Seconded by Councilman Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Notice of Expiration of Right of Re- demption and for taking of tax deed on Lot 3 and Westerly 50ft. of Lot 4in Bar- ry's Suh. of Lot lofthe Suh.ofLot20fthe Suh. of Lots 2, 3aqd 4and of Lot I of Lot 50fthe Sub. ofMineralLot307 A, lots sold to Arthur Behnke on Rooseveit Street, presented and read. Councilman Tully mov- ed that the notice of expiration be refer- red totheCity Solieitor for investigation and report. Seconded by Councilman Wertzberger. Carried hy following vote: Yeas-Mayor Staekis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Notice of Claim of Beulin Bartels, inan undetermined amount, for personai in- juries in a fall as the result of a hole in the street at corner of Main hy Book-Nook Store on July I, 1977, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded hy Councilman Wertzherger. Carried hythe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Notice of Claim of Gary R. Schroeder, in the approx. amount of $62.00, for ex- pense incurred as the result of a hacked- np sewer on July I, 1977, at 3589 Key Meer Drive, presented and read. Couneilman Tnlly moved that the Notice of Claim be referred to the City Solicitor for investi- 404 Regular Session, August 1, 1977 gation and report. Seconded hy Council- man Wertzberger. Carried hy the follow- ing vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Proof ofPuhlication, certified to hy the Publisher, of Notice ofpuhlic hearing to rezone lots I, 2 each of Lot 5 of M.L, 100 and the south 25'ofLot7 ofM.L. 100 from OR-l Office Residential to C-4 General Commercial District Classification (19th & Washington St.), presented and read. No written ohjections were filed and no oral objectors were present in the couneil Chambers at the time set for the hearing. Councilman Tully moved that the proof of publication he received and filed. Sec- onded by Councilman Wertzherger. Car- ried hy the following vote; Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. ORDINANCE NO. 54-i'7 AN ORDINANCE AMENDING AND OR. DINANCE NO. 32-75, KNOWN AS THE' "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IO- WA", SO AS TO RECLASSIFY HERE. INAFTER DESCRIBED PORTIONS OF MINERAL LOT 100 FROM OM OFFICE. RESIDENTIAL DISTRICT CLASSIFICA- TION TO C.4 GENERAL COMMERCIAL DISTRICT CLASSIFICATION, SAID OR. DINANCE HAVING BEEN PREVIOUS. L Y PRESENTED AND READ At the Conncil Meeting of July 5, 1977, presented for final adoption. ORDINANCE NO. 54-77 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 RECLAS- SIFY HEREINAFTER DESCRIBED POR- TIONS OF MINERAL LOT 100 FROM OR.1 OFFICE RESIDENTIAL DISTRICT CLASSIFICATION TO C-4 GENERAL COMMERCIAL DISTRICT CLASSIFICA- TION NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75, known"" the "Zoning OrdinanceandZon- ing Map of the City of Dubuque, Iowa'; be and the same is hereby amended by changing from "OR-l Office-Residential District" classification to "C-4 General Commercial District" classification the following described real estate, to wit, Lot 1 of Lot 5 of Mineral Lot 100, Lot 20fLot5 of Mineral Lot 100,Lot 60f Mineral Lot 100, and the South 25 feet of Lot 70fMineralLot 100 all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 1st day of August, 1977. Emil Stacleis Mayor ThomasA. 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 ,5th day of August 1977. Leo F. Frommelt City Clerk 1t8/5 Councilman Tully movedfinal adoption of the Ordinance. Seconded by Council- man Wertzberger. Carried by the follow- ing vot"' Yeas-Mayor Strrekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Proof of Puhlication, certified to hy the Puhlisher, of Notice of Vacation and Sale of a 16 ft. wide alley from Putnam Street to the S.P.L. of 28th Street, presented and read. No written ohjections were filed and no oral ohjectors were present in the Coun. eil Chamber at the time set for the hear- ing. Mayor Stackis moved that the proof of puhlication he received and filed. Sec- onded hy Councilman Wertzherger. Car- ried hy the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. ORDINANCE NO. 55.77 AN ORDINANCE VACATING A 16-FOOT WIDE ALLEY RUNNING FROM THE NORTH PROPERTY liNE OF PUTNAM STREET TO THE SOUTH PROPERTY LINE OF 28TH STREET ALL WITHINTHE EL.RU PLACE AND SOUTH PARK HILL INTHECITYOF DUBUQUE,IOWA, PRE- SENTED AND READ. Councilman Pregler moved that the read- ing just had be eonsidered the first read- ing of the Ordinanee. Seeonded hy Coun- cilmen Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Pregler moved that the rule requiring an Ordinanee to be re- ceived and filed at two meetings prior to the meeting when final aetion is tak- en, be dispensed with. Seconded by Couneilman Tully. Carried hy the fol- lowing vote: Regular Session, August 1, 1977 405 Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Wertzberger. Nays-none. ORDINANCE NO. 55.77 AN ORDINANCE VACATING A 16.FOOT WIDE ALLEY RUNNING FROM THE NORTH PROPERTY liNE OF PUTNAM STREET TO THE SOUTH PROPERTY LINE OF 28TH STREET ALL WITHIN THE EL.RU PLACE AND SOUTH PARK HILL IN THE CITY OF DUBUQUE,IOWA WHEREAS, THAT THE PORTION OF ALLEY RUNNING FROM NORTH PRO. PERTY liNE OF PUTNAM STREET TO THE SOUTH PROPERTY LINE OF 28TH STREET IN THE CITY OF DUBUQUE, IOWA IS NO LONGER NEEDED FOR THE ALLEY PURPOSES, AND THAT HUGH W. AND ETHEL G. CHERIOLi, SYDNEY E.ANDELiZAaETH MILLER, AND ROBERTD.& LYNN ANN MILLER HAVE PETITIONED FOR THE ACQUI. SITION OF SAID REAL ESTATE, AND WHEREAS, THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA DEEMS IT IN BEST PUBLIC INTEREST THAT SAID ABOVE DESCRIBED REAL ES- TATE BE VACATED SUBJECT TO THE CONDITIONS AND PROVISIONS HERE. INAFTERSET FORTH, ANDTHATDIS. POSAL THEREOF TO HUGH W. AND ETHEL G. CHERIOLi, SYDNEY E. AND EliZABETH MILLER, AND ROBERT D. AND LYNN ANN MILLER BEAPPROV. ED. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: SECTION 1. that the vacation of that portion of the 16-foot wide alley running from the North property line of Putnam Street to the South property line of 28th Street, all within the EI-Ru Place and South Park hill in the City of Dubuque, Iowa be and the same is herehy approved. SECTION 2: That the disposal of inter- est of the City of Dnbuque, Iowa, in and that portion of alley running from the North property line of Putnam Street to the South property liniN>! 28th Street all within the EI-Ru Place and South Park Hill in the City ofDuhuque, Iowa to Hugh W. and Ethel G. Cherioli, Sydney E. and Elizabeth Mil- ler, and RohertD. aud Lynn Ann Milierfor the total purehase price of $200.00 plus costs of publications and recording fees and the cost of the preparation of the plat and survey hy registered surveyor of the StateofIowa, that no ahstract of title will be furnished and conveyance shall be by quitclaim deed, and the City reserves an easement for the full width of the alley to be used by the City o!Dubuque for the iu- stallation and maintenance of water and sewer mains and retains the right for in- gress and egress to repair and maintain the same. SECTION 3: That the deed will include a condition that no building or other ob- structions will he constructed over the granted easement. SECTION 4: That the City Clerk hcing he is hereby ordered and directed to pub- lish notice as is by law required. Passed, adopted, and approved by unanimous recorded roll call this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Puhlished officially in the telegraph Herald Newspaper this 5th day of August 1977. Leo F. Frommelt City Clerk It815 Councilman Pregler moved final adop- tion of the Ordinance. Seconded hy Coun- eilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO.296.77 WHEREAS, pursuant to resolution and puhlished notice of time and place of hear- ing, published in the Telegraph-Herald, a newspaper of general cireulation puh- lished on July 22, 1977, in the City ofDu- huque, Iowa, the City Council of the City of Dubuque, Iowa met on the 1st day of August, 1977 at 7:30 o'clock P.M. (CD1'1 in the City Couneil Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Du- huqne, Iowa in real estate, hereinafter described, to Hugh Cherioli and Ethel Cherioli; to Sydney E. Miller and Eliza- beth D. Miller and to Robert D. Miller and Lynn Ann Miller; and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all oh- jection, oral or written, to the proposal to dispose of interest of City o!Dubuque, Iowa in the hereinafter descrihed real estate to the above n'amed parties. NOW THEREFORE BE IT RESOL V- ED by the city council of the eity of Du- buque, Iowa; Section 1. That the disposal of inter- est of City of Duhuque, Iowa in and to, and the conveyance of vacated alley pat- ted and deseribed as: Lot 30A of South Park Hill in the City of Dubuque, Iowa July 22, 1977 406 Regular Session, August 1,1977 Regular Session, August 1, 1977 407 to Hugh Cherioli and Ethel Cherioli; aDd the conveyance of Lot 22A of south Park Hill, Lot IA of EI-Ru Place: Lot 2A ofEI-Ru Place; Lot 3A of El-Ru Place; and Lot 5A ofEI-Ru Plaee in the City of Duhuque, Iowa to Sydney E. Miller and Elizaheth D. Mil- ler; and the conveyance of Lot 4A ofEl-Ru Place in the CityofDu- huque, Iowa to Rohert D. Miller and Lynn Ann Miller be and the same is hereby approved for the purchase price of $200.00, plus costs of publication and reeording fees, uo ab- stract of title will he furnished and con- veyance shall he hy Quit Claim Deed; con- veyance shall he subject to reservation hy the City ofDnbuque, Iowa ofa perpet- ual easemeut for the full width of the said vaeated alley for the installatiou and maiu- tenance of water and sewer mains and for right of ingress and egress therefrom to repair and maintain the same; and suhject to the condition that no buildiugorother obstruetion will be constructed over said easement. Section 2. That the Mayor and City Clerk be and they are authorized and dir- ected to execute said deeds of conveyance and the City Clerk he and he is herehy authorized and directed to deliver said deeds of conveyance to the grautees npon payment ofthe purchase price in full. Section 3. That the City Clerk he and he is hereby authorized and directed to record certified copies ofthis Resolution in the office of the Duhuque County Re- eorder. Passed, adopted, and approved this 1st day of August, 1977. Emil Staekis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoptiou of the Resolution. Seconded hy Councilman Tully. Carried hy the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. July 25, 1977 HonorahleMayor and Councilmeu In a letter dated June 6, 1977, The City of Dubuque Planning and Zoning Commission transmitted to you their favorable recommeudatiou for reclassi- ficatiou of Lots 1 through 7 of Block 2: Lot 15 and portions of Lot I of Lot 15 and Lot 1 of Lot 1 all in "Bireh Acres" Subdivision from R-3 Residential Dis- triet classification to R-2 Residentiai Distriet classification. The suhject property lies on the east side of Fre- mont Avenue north of its intersection with Kelly Lane in the City of Du- buque, Iowa. Your hody had scheduled a puhlic hearing on this proposal for Monday, July 18, 1977 hut due to a misunder- standing hy the developer of the nature of the public hearing the matter was withdrawn from your calendar for that meeting. That misnuderstanding has heeD resolved with the developer and his attorney and they coneur in our re- spectful request that the proposal be suhmitted to you and rescheduled for publie hearing. CITY PLANNfNG AND ZONING COMMISSION Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded hy Councilman Tully. Carried by the followiug vote: Yeas - Mayor Stackis, Couneilmen Brady, Pregler, Wertzherger, Tully. Nays-None. Communication of Attorney Spren- glemeyer for Iowa-Northwestern De- velopment Co. requesting not to sched- ule a public hearing on rezoning at this time to allow for clarification, present- ed and read. Councilman Pregler moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Sec- onded by Couneilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzherger. Nays-None. James Schwers spoke relative to the eommunication. Couneilman Pregler moved that the communication he reeeived and filed. Seconded hy Councilman Tully. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays - None. AN ORDINANCE Amending and changing Ordinanee No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Duhuque. Iowa," .ao as to reclassify certain property in "Birch Acres" Suhdivision from R-3 Residential District Classification to R- 2 Residential District Classification, presented and read. Mayor Stackis moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded hy Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Mayor Stackis moved that the rule requiriug an Ordiuauce to he received and filed at two meetings prior to the meeting when final action is taken, he dispensed with. Seeouded by Couucil- mall Pregler. Carried hy the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Tully, Wertzherger. Nays - Noue. Mayor Stackis moved that a puhlic hearing be held ou the Ordinance on Septemher 6, 1977 at 7:30 o'clock P.M. in the Council Chamher at the City Hall aDd that the City Clerk he instrueted to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler. Carried hy the following vote: Yeas - Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays - None. AN ORDINANCE Authorizing Lloyd S. Gudenkauf to eonstruet an 8" reinforeed eoncrete wall, said Ordi- nance having heen previously present- ed at the Council Meeting of July 18, 1977, read. Mayor Staekis moved that the reading just had be eonsidered the first reading of the Ordinance. Second- ed hy Couneilmen Tully. Carried by the following vote: Yeas - Mayor Stackis, Conncilmen Brady, Pregler, Tully. Nays - Councilman Wertzberger. Mayor Stackis moved that the rule requiring an Ordinance to he received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded hy Council- man Tully. Carried by the following vote: - Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays - Councilman Wertzberger. Mayor Stackis moved that a puhlic hearing he held on the Ordinance on August 15, 1977 at 7:30 o'cloek P.M. in the Council Chamher at the City Hall. Seconded hy Couneilman Tully. Carried hy the following vote: Yeas - Mayor Stackis, Couneilmen Brady, Pregler, Tully. Nays - Councilman Wertzherger. Honorahie Mayor and Councilmen The City of Duhuque Planning and Zoning Commission has held a puhlie hearing on the petition of Inns of Iowa, Ltd. requesting an amendment to Sèc- tion 4-114.2 of Ordinance No. 32-75, the Principal Permitted Uses of the C-3 Ar- terial Business Commereial District. The petitioner had asked inclusion of heauty shops, bar her shops, travel ageney-ticket offices, and retail stores for the sale of offiee products, drugs, apparei and sporting goods. In eonsidering this matter the Com- mission determined that nses proposed by the Inns of Iowa Ltd. petition were Permitted Uses in the Local Business "B" District of Ordinanee No. 3-34, the corresponding District of that Ordi- nance to the present C-3 Arterial Busi- ness Commercial District. The Commis- sion has fonnd those uses, included in the attached Ordinance amendment, to he appropriate uses for the C-3 Distriet and recommends your favorahie consi- deration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director ofCommnnity Deveiopment Mayor Stackis moved that the com- munieation be received and filed. Sec- onded hy Councilman Pregler. Carried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. AN ORDINANCE ofthe City ofDu- huque, Iowa, providing that the Code of Ordinanee, City of Duhuqne, Iowa, be amended hy revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Duhuque, Iowa", hy repealing Section 4-114.2 thereof, and hy enacting a new Section 4-114.2 in lieu thereof providing for principal permitted uses in the C-3. Arterial Business Commereial District, presented and read. Mayor Staekis moved that the reading just had he eon- sidered the first reading of the Ordi- nanee. Seconded hy Councilman Preg- ler. Carried hy the following vote: Yeas - Mayor Staekis, Couneilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Nayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, he dispensed with. Seeonded hy Couneil- man Pregler. Carried hy the following vote: Yeas - Mayor Staekis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Mayor Stackis moved that a pnhlie hearing be heid on the Ordinance on Septemher 6, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to puhlish notice of the hearing in the man- ner required hy law. Seconded hy Coun- ----- 408 Regular Session, August 1, 1977 eilman Pregler. Carried hy the follo- wing vote: Yeas - Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Honorable Mayor and Conncilmen The City of Dubuque Planning and Zoning Commission has held a pubiic hearing on the petition of Mr. and Mrs. T. Edwin Winders requesting expan- sion of a C-4 General Commercinl Dis- trict to include property at 2114 White Street and 2103 Jackson Street whieh is presently classified as R-4 Residential District. The property lies north of East 21st Street hetween Jackson and White Streets in the City of Duhuque, Iowa. In considering this matter, the Com- mission determined that while the ex- pansion of the C-4 zone to the White Street property was justifiahle they concluded that continuing it to the Jackson Street parcel would he an un- neeessary encroaehment of commer- cial zoning into a residential area. The Commission noted that though they had no objection to the continued use of the Jackson Street property as a parking lot they wished to see it aceompiished by some other than Commercial Zoning Classification. The City Planning and Zoning Com- mission has voted to approve the C-4 General Commercial District classifica- tion on the White Street property only and recommends your favorable consid- eration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be reeeived and filed. Sec- onded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Stackis, Councilmem Brndy,Pregler, Tully, Wertzberger. Nays - None. AN ORDINANCE of the City ofDu- huque, Iowa, providing that the Code of Ordinances, City of Duhuque, Iowa, be amended hy revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Duhuque, Iowa", by reclassifying portions of L. H. Langworthy's Addi- tion from R-4 Residential District Clas- sification to C-4 General Commercial District Classifieation, presented and read. Mayor Stackis moved that the read- ing just had he considered the first rea- ding of the Ordinanee. Seconded hy Councilman Pregler. Carried hy the fol- lowing vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Mayor Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded hy Couneil- man Pregler. Carried hy the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Mayor Stackis moved that a public hearing he held on the Ordinance on Septemher 6, 1977 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to puhiish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler. Carried hy the follow- ingvote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Jnly25,1977 HonorahleMayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a puhiie hearing on the petition of D, James and Patricia Edwards requesting R-2 and R-4 Residential. District classification on their property which was recently annexed to the City of Dubuque, Iowa. The Edwards' property lies south of Keliy Lane and west of Edwards Road. The Planning and Zoning Commis- sion reviewed the preiiminary plat of the Edwards' property, to he known as Patricia Anne Suhdivision, as they con- sidered the zoning classification propos- al, and concluded that some slight modi- fications to the requested R-4 District pareei was in order and recommended deleting a small portion of the request- ed R-4 District at the extreme south and adjusting other houndaries to con- form with the approved preliminary piat and those ehanges are reflected in the attaehed Ordinance and on the at- taehed map. The Commission has approved the re- quest for R-2 and R-4 Residentiai Dis- trict classification on the Edwards' property and recommends your favor- ahle 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 Wertzherger. Carried hy the following vote: Regular Session, August 1, 1977 409 Yeas - Mayor Stack is, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. AN ORDINANCE of the City ofDu- huque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying por- tions of the Edwards' Property known as Patricia Anne Suhdivision, from AG Agrieuitural District to R-2 Residential District and R-4 Residential District Classificatioo, presented and read. 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 he re- ceived 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. Councilman Pregler moved that a public hearing be held on the Ordiuance on September 6, 1977 at 7:30 o'clock P.M. in the Council Chamher at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by the law. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays - None. Petition of Dubnque Sertoma Club requesting permissing to sell light bulbs on September 10th, presented and read. Mayor Stackis moved that the request be approved subject to final ap- proval of the City Manager. Seconded by Counciman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of St. Anthony Messenger requesting permission to solicit sub- scriptions to their magazine, presented and read. Mayor Stackis moved that the request be approved subject to final ap- proval of the City Manager. Seconded hy Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Coun<:ilmen Brady, Pregier, Tully, Wertzberger. Nays - None. Petition of F. N. Smith Construction Co. requesting permission to excavate in Admiral Street, presented and read. Mayor Stackis moved that the request be approved. Seconded hy Councilman Brady. Carried by the following vote: Yeas - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays - None. Petition of William J. Avenarius re- questing connection to dty water at 140 Aquin Street, outside the City iimits, presented and read. Councilman Wertz- berger moved that the request he de- nied. Seconded by Mayor Stackis. Car- ried hy the following vote: Yeas - Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays - None. Petition of Dubuque Noon Lions Cluh requesting permission to conduct a cir- cus on Industrial Island at Kerpr & Shi- ras on August 29, 1977, presented and read. Councilman Tully moved that the request be approved suhject to final ap- proval of the City Manager. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of United Cerebral Palsy re- questing permission to solicit funds dur- ing the week of September 18, 1977, pre- sented and read. Councilman Tully mov- ed that the request he approved suhjeet to final aproval of the City Manager. Se- conded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communieation of Dubuque Supply Company suhmitting findings relative to the proposed period lighting on Main Street hetween 1st and 4th Streets, pre- sented and read. Councilman Wetzher- ger moved that the coummunication be received and filed. Seconded hy Mayor Stack is. 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 of Resolution of Necessity for construction of Main Street Lighting from First to Fourth Street, presented and read. councilman Wertzherger moved that the proof of publication he received and filed. Seconded hy Mayor Stackis. Car- ried hy the following vote: 410 Regular Session, August I, 1977 Regular Session, August 1,1977 411 Yeas-Mayor S~'ckis, Councilmen Brady, Pregler, Tully, Wert,her~er. Nays-none. (Necessity for Improvement) RESOLUTION NO. 281.77 WHEREAS, proposed plans, specifi cations, and form of contract have been duly prepared and approved hy the City council of the City ofDubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the followin~: III The plan of such improvement 121 An estimate of the cost of the improvement. for the construction of the Main Street Lightin~ from First Street to Fnurth Street. BE IT THEREFORE RESOLVED that the City'Councii on its own motion, deems it advisable and necessary for the publie welfare to make the herein men- tioned improvement, and unless pro- perty Owners at the time of the finai con- sideration of this proposed resolution have on file with the City Clerk, objec- tions to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall he construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expenses of making said improve- ment will be paid from the Community Development Block Grant Fund. The ahove resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of July, 1977. RECORD OF FINAL ADOPTION The fore~oin~ resolution was finally passed and adopted, as proposed, by the City Council this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzherger moved final adoption of the Resoiution. Seconded hy Mayor Stackis. Carried hy the following Vote: Yeas-Mayor Stackis, Councilmen Brady, Tully, Wertzherger. Nays-Councilman Pregler. Decision of council upon objeclions to plans, specificafions, form of contract and cost of improvements RESOLUTION NO. 297.77 WHEREAS, proposed plans and spec- ifications and form of contract for the construction of Main Street Lighting from First Street to Fourth Street have heen approved hy the City Couucil ofthe City of Dubuque and public notice giveu as provided by Chapter 384 of the Code of Iowa, 1977, pertaining to public con- tracts and bonds, and the time and plaee fixed for the hearing of all objections to said plans, specifications or contract for or eost of sueh improvements, said time being this 1st day of August, 1977, WHEREAS, the City Conncil met in regular session this 1st day of Angust, 1977, at 7:30 o'clock P.M. at the Conneil 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 descrihed and proposed to be made: and WHEREAS, all interested parties have been given an opportunity to he heard and all objections which have heen duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dnhuque, that all oh- jections which have heen made and fil- ed to the plans, specifieations, contract for or cost of said improvement herein deserihed and proposed to he made, be and the same herehy overruled and such plans, specifications and form of eon- tract heretofore approved are herehy adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have heen filed to the plans specifications and form ofcostsaid improvement be made a matter of permanent record in connec- tion with said improvement. Passed adopted, and approved this 1st day of August, 1977. EmiiStaekis Mayor ThomasA. Tully Jr. Richard Wertzberger JamesE.Brady Councilmen (Ordering Construction) RESOLUTION NO. 298-77 BE IT RESOLVED hy the City Coun- cil of the city of Dubuque that pursuant to a resolution of necessity No.281-77 which was duly passed by this Council, for the construction of the Main Street Lighting From First Street to Fourth Street. Be and the same are hereby ordered and constrncted hy this Council upon its own motion and with or without the peti- tion of property owners. All the work shall he constructed in accordanee 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 improvements be paid from the community Develop- ment Block Grant Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall he in force and effect from and after its pas- sage and adopion by the City Council. Passed adopted, and approved this 1st day of August, 1977. EmiiStackis Mayor ThomasA. Tully Jr. Richard Wertzherger James E. Brady Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Wertzherger moved adoption of the resolution. Seconded hy Mayor Stackis. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Tully, Wcrt,berger. Nays-Councilman Pregler. Proof of Publication, certified to hy the Publisher, of Notice to Contractors of the Receipt of Proposals for the Con- struction of the City of Duhuque 1977 Curb Replacement Project, presented and read. Councilman Wertzbergcr moved that the proof of publication be received and filed. Seconded by council- mau Pregler. Carried hy the followin~ vote: Yeas-Mayor Stackis, Couucilmen Brady, Pregler, Tully, Wertzherger. Nays-none. ATTEST: LeoF.Frommelt City Clerk Councilman Wertzherger moved adoption of the Resolution. Seconded byMayor Stackis. Carried by the follow- ing vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. July27,1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m" Wednesday, Jnly 27, 1977 for the City of Duhuque 1977 Curb Replacement Pro- ject. The lowest hid was entered by Tri- State Paving Company, Division of Du- huque Stone Products of Dubnque, Iowa. Their bid was 0.001% under the en- gineer's estimate. I recommend that the contract for the improvement be awarded to the Tri- State Paving Company, Division of Du- buque Stone Products. Gilbert D. Chavenelle City Manager Couneilman Wertzberger moved that the communication be received and filed. Seconded hy Councilman Pregler. Car- ried by the following Vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. (Awarding Contract) RESOLUTION NO. 299-77 WHEREAS, sealed proposals have heen submitted by contractors for the City of Duhuque 1977 Curb Replace- ment Project pursuant to Resolution No 228-77 and notice to hidders puhlishedin a newspaper puhlished in said City on July 21, 1977, and WHEREAS, said sealed propoals were opened and read on July 27, 1977, and it has been determined that the bid of Tri- State Paving Company, Division of Du- huque Stone Products ofDuhuque in the amount of $30,575.83 was the lowest bid for the furnishing of all labor and mater- ials and performing the work as provid- ed for in the plans and specifications; now therefore, BE IT RESOLVED hy the City Coun- cil of the City of Duhuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving Company, Division of Duhuque Stone Products and the Manager be and he is herehy directed to execute a contract on behalf of the City of Duhuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors hond the City Treasurer is authorized and instructed to return the hid deposits of the unsuc- cessful bidders. Passed and adopted this 1st day of August, 1977. Emil Stackis Mayor ThomasA. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmeo ATTEST: Leo F. Frommelt City Clerk Couucilman Wertzherger moved adoption of the Resolution. Seconded hy Councilman Pregler. Carried by the fol- lowing vote: 412 EmiiStackis Mayor Richard Wertzherger James E. Brady Waiter A. Pregler Councilmen Regular Session, August 1, 1977 Regular Session, August 1,1977 413 Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Proof of Publication, certified to hy the Puhlisher, of Notice to Contractors of the Receipt of Proposals for the Con- struction of City of Dubuque 1977 As- phalt Paving Project No. I, presented and read. Councilman Pregler moved that the proof of publication he received and liied. Seconded hy councilman Wertzberger. Carred by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. July26,1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m" Tuesday, July 26, 1977 for the City ofDu- buque 1977 Hot-Mix Hot-Laid Asphaltic Concrete Paving Project No. I. The Lowest bid was entered by Tri- State Paving Company, Division of Du- huque Stone Products ofDuhuque, Iowa. Their hid was 6.5% under the engineer's estimate. I recommend that the contract for the improvement he awarded to the Tri- State Paving Company, Division of Du- buque Stone Products. Gilbert D. Chavenelle City Manager Council Pregler moved that the com- munication be received and filed. Second- ed by Concilman Wertzberger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-none. (Awarding Contract) RESOLUTION NO. 300-77 WHEREAS, sealed proposals have been suhmitted by contractors for the City of Duhuque 1977 Asphalt Paving Project No. I pursuant to resolution No. 198-77 and notice to bidders puhlished in a newspaper published in said City on JulyII,1977:and WHEREAS, said sealed proposals were opened and read on July 26, 1977, and it has been determined that the bid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque, Iowa 52001 in the amount of $189,407.79 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED hy the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving Company, Division of Dubuque Stone Products 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 instructed to return the bid deposits of the unsuc- cessful bidders. Passed and adopted this 1st day of August, 1977. at the time of the final consideration of this proposed resolution have on file with the City Clerk, ohjections to the amount of the cost of improvement, they shall be deemed to have waived all ohjections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have heeu ap- proved hy the City Couucil and are now on liie with the City Clerk. That the cost and expense of making said improve- ment will he paid out offundsofa Gener- al Bonds issne and other funds legally permissable. The above resoiution was introduced, apProved and ordered placed on file with the City Clerk this 18th day of July, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was !inaliy passed and adopted, as proposed, by the City Council this 1st day of August, 1977. EmiiStackis Mayor ThomasA. Tully Jr. Richard Wert,herger James E. Brady Walter A.Pregler Councilmen ATTEST: LeoF.Frommeit City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Conneil- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Proof of Puhlication, certified to hy the Publisher, of Notice of Pendency of resolution of Necessity for puhlic im- provements and hearing upon proposed plans and specifications, form of con- tract and cost of improvements for the constructiou of the Five Fiags Civic CcÌ1- ter located at 4th and 5th, Locnst and Main Streets, presented and read. Coun- cilman Pregler moved that the proof of publication he received and filed. Se- conded by councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzherger. Nays-None. Abstain-Councilman Tully. (Necessity for Improvemenl) RESOLUTION NO. 294-77 WHEREAS, proposed plans, specifica- tions, and form of contract have heen duiy prepared and approved by the City Council of the City of Dubuque and are now on liie in the office of the City Clerk showing among other things the follow- ing: I. The plan of such improvement 2. An estimate of the cost of the im- provement for the construction of the Five Flags Civ- ic Center iocated at 4th, 5th, Locust and Main Streets, Duhuque, Iowa. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners ATTEST: LeoF.Frommelt City Clerk Councilman Pregler moved final adop- tion of the Resolution. Seconded hy Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzherger. Nays-none. Ahstain-Councilman Tully. Decision of council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 301-77 WHEREAS, proposed plans and spec- ifications and form of contract for the construction of the Five Flags Civic Cen- ter located at 4th, 5th, Locust and Main Streets, Dubnque, Iowa have been approved hy the City Conncil of the City of Dubuque and public no- tice given as provided hy Chapter 384 of the Code of Iowa 1977 pertaining to pub- lic contracts and honds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 1st day of August, 1977: aud WHEREAS, the City Council met in regular session this 1st day of August, 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 ohjeetions which been filed to the proposed plans, specifi- cations or coutract for or cost of the im- provement herein descrihed and propos- ed to he made; and WHEREAS, all interested parties have been giveo ao opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED hy the City Coun- cil of the City of Dubuque, that all ohjec- tions which have heen made and liied to the plans, specifications, coutract for or cost of said improvement herein describ- ed and proposed to he made, he and the same hereby overruled and such plans, specifications and form of contract here- tofore approved are herehy adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Couucil npon all ohjections which have heen liied to the plans, specificatious and form of cost said improvement he made a matter of permanent record in connection with said improvement. Passed adopted, and approved this 1st day of August, 1977. EmiiStackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzherger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Ahstain-Councilman Tully. (Ordering Construction) RESOLUTION NO. 302-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Neces- sity No. 294-77 which was duly passed by this Council for the Five Flags Civic Center located at 4th, 5th, Locust and Main Streets, Dubuque, Iowa. be and the same are hcrehy ordered and constructed hy this Council upon its own motion and with or withont the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopt- ed and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve- ment he paid from the General Bonds is- sue and other funds legally permissible. BE IT FURTHER RESOLVED that the City Clerk he and he is hereby order- 414 Regular Session, August 1, 1977 ed and directed to advertise for propos- als for the construction of the various improvements herein provided for in the maunerprovided bylaw. BE IT FURTHER RESOLVED that this resolution heing deemed urgent and of IMMEDIATE NECESSITY shall he in foree and effect from and after its pas- sage and adoption by the City Council. Passeô adopted, and approved this 1st day of August, 1977- EmiiStackis Mayor Richard Wertzherger JamesE.Brady , WalterA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Couucilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the follow- ingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-nonc. Abstain-Couneilman Tully. July 13, 1977 Honorahle Mayor And Councilmen The City of Duhuque Planning and Zon- ing Commission has reviewed the final plat of "Terrace Estates First Addition," a subdivision of property owned by Man- ternach Development Company which lies west of Peru Road south of the Ter- race Heights Mohile Home Park in the City of Duhuqne, Iowa. The final plat is depieted on the attach- ed map and shows the development plan for 31 single-family residential lots and 9 multi-family residential lots and dedi- cating Aerostar Drive, Cessna Drive, Piper Court and Enstrom Court as puh- lie streets. The Planning and Zoning Commission has found the final plat of "Terraee Es- tates First Addition", to be in conform- ance with the Subdivision Regulations and the Zoning Ordinance of the City of Duhuque, Iowa, and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Commuuity Development Councilman Wertzberger moved that the communication be received and filed. Seeonded by Councilman Pregler. Car- ried by the following votc: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 303.77 Resolution approving the final plat of Terrace Estates 1 st Addition in the City of Dubuque,lowa. WHEREAS, there has heen filed with the City Clerk a plat of the Subdivision to be to he known as: Terrace Estates 1st addition in the City ofDubuque, Iowa, by Thomas J. Manternach, in the City of Dubuque, Iowa; and WHEREAS, upon said plat appear streets to he known as Aerostar Drive, Cessna Drive,Piper Court, and Enstrom Court, together with the adjacent right- of-wny of Peru Road and certain public utility easements which the Owners hy said plat have dedicated to the puhlic forever; aud WHEREAS, said the plat has heen examined hy the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statues and ordinances relating tbereto, except that street grades have not been estahlished, the streets brought to grade, or paving, sewer or water installed; NOW, THEREFORE, BE IT RESOLV- ED BY THE City Council of the city of Dubuque, Iowa: Section 1. That the dedications of Aero- star Drive, Cessna Drive, Piper Court, and Enstrom Court, together with the right-of-way of Peru Road and new ease- ments for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Terrace Estates 1st Addition in the City of Du- huqne, Iowa, and the right-of-way here- by heing dedieated above in Seetion I be and the same is hereby approved and the Mayor and City Clerk are herehy 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 attach- ed agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with iutergral curb, all in accordance with City ofDuhuque Standard Speci- fications; h. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water ser- vice laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- hasins in accordance with plans suh- mitted with the plat; Regular Se~on, August 1, 1977 415 e. To install concrete sidewalks as re- quired hy Ordinanees, and where di- rected by the City Engineer aud the City Manager; f. To construct all improvements in compliance with any and all appli- cable City of Dubuque Specifications and as approved by the City En- gineer; g. To maintain the foregoing improve- ments for a period of four 141 years from the date of their acceptance by the Ci- ty of Duhuque, Iowa: h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Suhdivider, Thomas J. and Cecilia M. Manternach, as own- ers; i. To construct said improvements except sidcwalks, prior to July 15, 1979, and to construct the sidewalks prior to July 15, 1981. j. To install in aecordance with City Specification, honlevard street light- ing within thirty 1301 days after the eompletion of the adjacent curb and gutter within any particular section of the proposed suhdivision. and further, provided that said Thomas J. Manternach, as Owner of said Suhdivi- sion, secure the performance of the fore- going conditions hy providing security in such form and with such sureties as may he acceptable to the City Manager. Section 3. That in the even ThomasJ. Manternach shall fail to execute the ac- ceptance and fnrnish the security pro- vided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall he null and void and the aceeptanee of the dediea- tion and approval of the plat shall not he effeetive. Passed, adopted and approved by nn- animous recorded roll call this 1st day of August, 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. 303.77 We, the undersigned Thomas J. Man- ternach having read the terms and con- ditions of the foregoing Resolution No. 303-77 and heing familiar with the con- ditions thereof, herehy accept the same and agree to perform the conditions re- qnired therein. Dated at Duhnqne, Iowa, this 1st day of August, 1977- Thomas J. Manternach TO: Leo F. Frommelt City Clerk This is to certify that the security pro- vided by the foregoing RESOLUTION NO. 303-77 has heen fnrnished hy the Own- ers. Dated at Dubnque, Iowa, this 6th day of Septemher, 1977. Gilhert D. Chavenelle City Manager Councilman Wertzherger moved adop- tion of the Resolution. Seconded hy Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. July 22, 1977 Honorahle Mayor and Members of City Couneil Attached please find a proposed res- olution transferring 49,040.00 of CDBG Funds from the Urhan Renewal Land Pro- ject-Iowa R-15 Land Purchase to the Pro- gram Administration Fund. This transfer is necessary to cover the cost of two building inspectors working in the Rehabilitation area and the addi- tional cost resulting from the FY'78 wage package. We have attached a eompara- tive resume indicating the differenees between the hudget adopted for FY 1978 hy the City Couneil and the budget suh- mitted to HUD whieh was approved in Grant Agreement B-77-MC-19-0004 dat- ed May 10, 1977- The adoption of this resolution wili amend the ahove agreement, and does not require the approval of HUD. Gilhert D. Chavenelle City Manager Councilman Wertzberger moved that the communication he received and filed. Seconded hy Councilman Brady. Carried hy the following vote: Yeas-Mayor Staekis, Conncllmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 304-77 A RESOLUTION DIRECTING THE TRANSFER OF COMMUNITY DEVEL. OPMENT BLOCK GRANT FUNDS FROM THE URBAN RENEWAL LAND PRO. JECT IOWA R.15 LAND PURCHASE TO THE PROGRAM ADMINISTRATION FUND NOW THEREFORE, BE ITRESOLV- ED BY THE City Conneil of the City of Duhnque, Iowa: Section 1. That an amount not to ex- ceed Forty-nine Thousand Forty DoHars 1$49,040.001 shall be transferred from the Urban Renewal Land Project Iowa Regular Session, August 1, 1977 417 416 Regular Session, August 1,1977 R-15 Land Purchase to the Program Ad- RESOLUTION NO. 306.77 ministration Fund for the purposes of A RESOLUTION DIRECTING THE amendln~ Grant AKreement B-77-M(;' TRANSFER OF COMMUNITY DE. 19-0004 dated May 10, 1977. VELOPMENT BLOCK GRANT Passed, adopted, and approved this 1st FUNDS FROM THE CONTINGEN. day of August, 1977. CY FUND TO THE MAIN STREET EmU Staekis LiGHTING PROJECT Mayor NOW THEREFORE, BE IT RESOL V- Thomas A. Tully Jr. ED BY THE City Council of the City of Richard Wertzberger Dubuque, Iowa: James E. Brady Section 1. That an amount not to ex- Walter A. Pregler ceed Fourteen Thousand Six Hundred Councilmen Fifty-one ($14,651.001 shall be transferred from the Fiscal Year 1977 Community De- velopment Bloek Grant Contingeney Fund for the purposes of securing the award of a eonstruction contract for the Main Street Lighting Project. Passed, adopted, and approved this 1st day of August, 1977. EmU Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Central to area bounded by city lim- its on north, White Street on east, 30th Street on south and Lemon Street on west. WHEREAS, pursuant to Resolution No. 271-77 adopted July 18, 1977, Public Noticeofa "Finding of No Significant Ef- fect on the Environment" for the propos- al (projectl was puhlished July 19, 1977, in the Duhuque Teiegraph Herald, a news- paper of general circulation, and provid- ed for a puhlie comment period untU 12:00 noon, Friday, August 5, 1977: and WHEREAS, Public Notice of a "find- ingofNo Significant Effect on the Envir- onment" for the proposal (project) was sent hy regular mail to various Federal, state and local puhlic agencies and to the local news media, Individuals and groups known to he interested and believed to he appropriate to receive such a Public No- tice; and WHEREAS, any and all objectives, if any, to such proposals have been duly con- sidered; and WHEREAS, It is the Intent of the City Council to authorize the suhmisslon of a request tothe U.S. DepartmentofHous- ing and Urban Development for release of funds under the said Act to carry ont the ahove IdenWied project; now there- fore BE I1'RESOLVED BY THE City Coun- cU of the City of Dubnque, Iowa: Section 1. That the Environmental Review Record for the proposallproject) shall continue to remain on file in the Of- ficeofthe City Clerk, where said records may be examined and copied hy any inter- ested party. Section 2. That the Mayor of the City ofDubuque is herehy authorized and dir- ected to suhmit to the U.S. department of Housing and Urban Development on August 16, 1977, a request for release of funds to undertake the said Project. Section 3. That the Mayor of the city of Dubuque is herehy authorized to eon- sent to assume the status of a responsi- hie Federal official under the National Environmentai Protection Aet, insofar as the provisions of the said Aet apply to the U.S. Department of Housing and Urban Development's responsihilities for re- view, decision-making, and aetion assum- ed and earried out by the City ofDubuque as to environmental issues. Section 4. That the Mayor of the Ci- ty of Dubuque Is hereby authorized to consent personaliy, in his official capaci- ty 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. Seclion 5. That the Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to exerute a Certification pertaining to the environmental review procedures. Section 6. That the City Clerk be and he is hereby authorized and directed 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, adopted, and approved this 1st day of August, 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 adop- tion of the Resolution. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas-Mayor Stackls, Councilmen Brady, Pregler, Tuliy, Wertzberger. Nays-none. ATTEST: Leo F. ¡'rommelt City Clerk EXHIBIT "A" PUBLiC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De- velopment Block Grant Program, the Ci- ty of Dubuque Intends to file a request on August 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 Hous- ing and Community Development of 1974. Acquisition of site for relocation of Fire Engine House #1 from 18th and Central to area bounded by city lim- its on north, White Street on east, 30th Street on south and Lemon Street on west. The City of Dubuque has made an En- vironmental Review Record for the pro- ject, and has placed these records on file in the Office of the City Clerkin City Hall, 11th and Central Streets, Duhuque, Iowa where said records may he examined and copied between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday until 5:00 p.m" on the 31st day of August, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Execu tive Officer of the applicant is Mayor Emil Staekis. The mailing address for both the applicant and the Chief Executive Officer is City Hall, 13th and Central Streets, Dubuque, Iowa. The City of Dubuque will undertake the projeet descrihed above with hlock grant funds from the U.S. Department of Hous ing and Urhan Development (HUD!, un der Title I of the Housing and Communi ty Development Act of 1974. The City of Duhuque is certifying to HUD that the City of Dubuque and Emil Staekis, in his official capacity as Mayor, ronsent to ac cept the jurisdiction of the Federal courts if an action is brought to enforce respon RESOLUTION NO. 305.77 A RESOLUTION DIRECTING THE TRANSFER OF COMMUNITY DE- VELOPMENT BLOCK GRANT FUNDS FROM THE COMISKEY PARK IMPROVEMENT PROJECT TOTHE COMISKEY PARK TENNIS COURT RECONSTRUCTION PRO. NOW THEREFORE, BE ITRESOLV- ED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to ex- ceed Five Hundred Thirteen Dollars and Forty-eight Cents ($513.48) shall be trans- ferred from the Comiskey Park Improve- ment Project to the Comiskey Park Ten- nis Court Reconstruction Project for the purposes of completing a construction contract. Section 2. That the foregoing transfer of funds has heretofore heen approved by the Community Development Com- mission. ATTEST: Leo F. Frommelt City Clerk CouncUman Wertzberger moved adop- tion of the Resolution. Seconded by Coun- cilman Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Proof of Publication, certified to hythe Publisher, on Community Development Block Grant Program for acquisition of site for relocation of Fire Engine House #1 from 18th Street, presented and read. Councilman Pregler moved that the proof of publication he received and filed. Sec- onded byConncilman Wertzberger.Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 307.77 AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMU. NITY DEVELOPMENT BLOCK GRANT PROJECTS WHEREAS, the City of Duhuque in conformance with the Environmental Re- view Procedures for the Community De- velopment Block Grant Program conven- ed an ad hoc committee on June 29, 1977, and completed an Environmental Assess- ment of the following identified propos- allprojeetl with Community Development Block Grant funds; and Acquisition of site for relocation of Fire Engine House #1 from 18th and Passed adopted, and approved this 1st day ef August, 1977. Emil Staekis Mayor Thomas A. 'fully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adop- tion of the Resolution. Seconded by Coun- cilman Brady. Carried hy the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. 418 Regular Session, August 1,1977 sibilities in relation to environments re views, decision-making, and aetion; and that these responsihilities have been sat isfied. The legai effect of the certification is that upon its approval, the City of Du buque may use the block grant funds and HUD will have satisfied its responsihili ties under the National Euvironmental Policy Act of 1969. HUD will accept au objection to its approval of the release of funds and acceptance of the certification only ifitis on one of the following bases: (a) That the certification was not in fact excc- ted by the Chief Executivc Officcr or oth- er officer of applicant approved hyHUD; or (hi that applicant's environmental re view record for the project indicates omis sion of areqnired decision, finding, orstep applicahle to the project in the environ- mental review process. Objectionsmust he prepared and suhmitted in accor- dance with the required procedure (24 CFR Part 581, and may he addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nehraska 68106. Ohjections to the release of funds on a basis other than those stated ahove will not he con sidered hy HUD. No oh- jection received after the 31st day of August, 1977, will be considered hy HUD. Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Wertzherger. Carried hy the fol- lowing vote: Yeas - Mayor Stackis, Councilmeu Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION NO. 308.77 Authorizing submission of a request for release of funds for certain community development block grant projects WHEREAS, the City of Dubuque in conformance with the Environmental Re- view Procedures for the Community Development Block Grant Program con- vened an ad hoc committee on May 19, 1976 and completed an Environmental Assessment of the following identified proposals (projectsl with Community Development Block Grant funds; and Neighborhood Parks Acquisition and/or Development WHEREAS, pursuant to Resolution No. 72-76 adopted May 24, 1976, Public Notice of a "Finding of No Significant Ef- fect on the Environment" for the propos- als (projects! was published May 25, 1976, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public eomment period until 12:00 Noon, Wednesday, June 18, 1976: and WHEREAS, Puhlie Notiee of a "Find- ing of No Significant Effect on the Envi- ronment" for the proposals (projectsl 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 he appropriate to receive such a Publie Notice: and WHEREAS, any and all objections, if any, to such proposals have heen duly eonsidered; and WHEREAS, it is the intent of the City Council to authorize the suh- mission of a request to the U.S. De- partment of Housing and Urban Deve- lopment for release of funds under the said Act to carry out theabovc identified projects: now thcrcfore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for each of the proposals (projectsl shall continue to remain on file in the Office of the City Clerk, where said records may he examined and eopied by any interested party. Section 2. That the mayor of the City ofDubuque is herehy authorized and dir- ected to suhmit to the U.S. Department of Housing and Urhand Development on the 10th day of Augnst, 1977, a request for release of funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a rèsponsi- hie Federal offieial under the National Environmental Protection Act, insofar as the provisions ofthe said Act apply to the U.S. Department ofHousing and Ur- han Development's responsibilities for review, decision-making, and action as- sumed and carried out hy the City ofDu- huque as to environmental issues. Section 4. That the Mayor of the City of Duhnque is hereby authorized to con- sent personally, in his official capacity and on hehalf of the City of Duhuque, to accept the jurisdiction of the Federal eourts if an aetion is brought to enforce responsibilities in relation to environ- mental reviews, decision-making and ac- tion. Section 5. That the Mayor of the City ofDubuque be and he is herehy authoriz- ed and directed to execute a Certifica- tion pertaining to the environmental re- view procedures. Section 6. That the City Clerk he and he is hereby authorized and directed to publish a Puhlic Notice for a Request for Release of Funds and Certification in the form ofExhihit "A" attached hereto and made a part hereof. Regular Session, August 1, 1977 419 Passed adopted, and approvcd this 1st day of Augnst, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Waiter A. Pregler Councilmen ATTEST: Lco F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De- velopmcnt Block Grant program, the City of Dubnque intends to file a rcquest on August 10, 1977, for Release of funds for Certification of the following identified projects to he undertaken with funds made availablc under Title I olthe Hous- ing Community Development Act. of 1974. Neighborhood Parks Acquisition and/or Development Thc City of Duhuque has made an Envi.-onmental Revicw Record fm- the projects, and has placed these records on file in the Office oftheCity Clerk in City Hall, lath and Ceotral Streds, Du- buque, Iowa, where said records may he examined and copied between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, the last day being the 26th day of August, 1977. The name of the applicant is the City of Dubuque, Iowa, and the Chief Execu- tive Officer of the applicant is Mayor Emil Stackis. 'l'he mailing address for hoth the applicant and the chief Execu- tive Officer is City Hall, 13th and Central Streets, Dubuque, Iowa. The City of Dubuque will undertake the projects described above with block grant funds from the U.S. Department of Housing and Urban Development (HUD), under title I of the Housing and Com- munity 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 jurisdiction of the Federal courts if an action is hrought to enforce responsiblities in relation to environ- mental reviews, decision-making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approv- al, the City of Dubuque may use the block grant funds and HUD will have sa- tisfied its responsibilities under the Na- tional Environmental Policy Act of 1969. HUD will acceptan objection to its approval of the release of funds and ac- eeptance of the certification only if it is on one of the following hases (a) That the certification was not in fact executed by the Chief Executive Officer or other of- ficer of applicant approved hy HUD: or (hi that applicant's environmental re- view record for the project indicates omission of a reqnired decision, finding, or step applicable to the project in the environmental review process. Ohjec- tions must be prepared and submitted in accordance with the required procedure (24 CFR Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road. Omaha, Nehraska 68106. Objections to the release of funds on hases other than those stated above will not be considered by HUD. No objec- tion received after the 26th day of Au- gust will be considered by HUD. Leo F. Frommelt City Clerk Conncilman Pregler moved adoption of the resolution. Seconded hy Council- man Wertzberger. Carried by the fol. lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Planning & Zoning Commission recommending favorablo consideration of the final plat of Lots 2 thru 18 ofBlock 17 in Mettel-Byrne Addi- tion and A RESOLUTION approving the plat of Lots 2 thru 18 in Block 17 Mettel- Byrne Addn. in the City of Duhuque, Iowa, presented and read. Councilman Pregler moved that the communication and resolution be tabled to the meeting ofSeplemher6, 1977. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. July 26, 1977 Honorable Mayor and City Council Attached is a recommended two year contract with Computer Consulting Ser- vice, Inc. to continue providing specified data processing services. The contract covers fiscal years 1978/1979 and includ- es an update on the rates and services provided under past cootracts. The rates and services delineated in the con- tract are budgeted for fiscal year 1978. The attached resolution authorizes the City Manager to enter into the agreement. Gilhert D. Chavenelle City Maoager Councilman Pregler moved that the communication he recieved and filed. Se- conded by councilman Wertzherger. Car- ried hy the following vote: 420 Regular Sessiou, August 1, 1977 Yeas-Mayor Stackis, Councilmen Brady, RESOLUTION NO.310.77 Pregler, Tnlly, Wertzherger. Authorizing publication of notice Nays-none. of public hearing and setting date for RESOLUTION NO. 309.77 public hearing to consider citizen in. Authorizing the execution of a can. put on implementation of section 8 tract with Computer Consulting Ser. existing housing program for 100 vice, Inc. units WHEREAS, for the effieient and ex- WHEREAS, the City of Dubuque has penditious handling of certain municipal applied to the Department of Housing operations, it is necessary for the City of and Urhan Development (HUD) for one- Dubuque to continue to purehase eertain hundred (1001 units of Section 8 Ex- data processing services covering pay- isting Housing; and roll records; fund ledger; hudgetary sys- WHEREAS, Chapter 403A.28, as tem: water, sewer and refuse hilling, po- amended, of the Code of Iowa, is re- lice operationai reports and parking vio- quired to hold a Puhlic Hearing before iations: and othe miscellaneous services. sneh project can be implemented: and NOW THEREFORE, BE IT RESOLV- WHEREAS, HUD, requires that all ED BY THE CITY OF DUBUQUE, local and state iaws he complied within row A: order for the City of Duhuque's applica- Secion 1.That the City Manager he tion to be processed; and and he is herehy authorized and directed WHEREAS, it is deemed to he in the to enter into an agreement with Computer hest interest of the City of Dubuque Consuiting Services, fnc. to provide the Public Housing Program to hold a Puh- City ofDuhuque with comprehensive dn- lie Hearing on the matter; ta processing services. NOW, THEREFORE, BE IT RE- Passed adopted, and approved this 1st SOLVED BY THE CITY COUNCIL 01' day of August, 1977. THE CITY OF DUBUQUE, row A: Emil Stackis Section 1. That the City Clerk he Mayor and he is herehy authorized and direct- Thomas A. Tully Jr. ed to puhlish notice of a puhlie hearing Richard Wertzherger in a newspaper of general eirculation James E. Brady within the City of Duhuque, Iowa at Walter A. Pregler least fifteen (15) days prior to the date Councilmen set for the hearing in the form of Ex- hihit "A" attached hereto and made a part hereof. Section 2. That the City Council will hold such Puhlic hearing on Septemher 6, 1977, at 7:30 p.m. in City Council Chambers, City hall, Duhuque, Iowa. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk' Councilman Pregler moved adoption of the Resolution. Seconded by Council man Wertzherger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. July 27, 1977 Honorahle Mayor Members of City Council Attached, please find Resolution Au- thorizing Puhlie hearing regarding the 100 Unit Application for Existing Hous- ing which you recently applied for. Such public hearing is reqnired by State law and hy HUD. Please he advised that you are re- quested to set the date for said hearing. I wouid suggest setting it for approxima- tely one month from now. Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication he received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded hy coun- cilman Tully Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Juiy 26, 1977 To the Honorahle Mayor and City Council The attached agreement provides for the Iowa Department of Transporta- tion's participation in the paving of Regular Session, August 1, 1977 421 South Locust from Railroad to Dodge Street. The total construction cost is esti- mated to he $58,126.20, of which the Department of Transportation's share is $36,989.40. I would recommmend that we execute the agreement to allow for the partici- pation, and have enclosed a resolution authorizing the same. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the eommunieation he received and fil- ed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Pregler, Tully, Wertzherger. Nays-Councilman Brady. RESOLUTION NO. 311-77 Resolution authorizing execution of agreement between CiIy of Du- buque, Iowa and Iowa Department of Transportation relating to the paving of South Locust from Railroad Aven. ue to Dodge Street. That the Mayor and City Clerk be and they are hereby authorized and direeted to execnte agreement number 77-U-007 with the Iowa Department of Transportationn, two copies of which are attached, relating to the paving of South Locust Street. Passed adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded hy councilman Pregler. Carried hy the fol- lowing vote: Y' eas-Mayor Stackis, Councilmen Pregler, Tully, Wertzhergcr. Nays-Councilman Brsdy. July 27, 1977 To the Honorable Mayor and City Council I herehy suhmit the plans and specifi- cation for 20th Street Traffic Signals from Central A venue to Elm Street. Gilbert D. chavenelle City Manager Mayor Stackis moved that the com- munication be received and filed. Se- conded by conncilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 312-77 Preliminary Estimate and approved of plans, spec" etc. for construction of 20th Street Traffic Signals from Cen- tral Ave. To Elm Street, in the estimat- ed amount of $42,191.99, presented and read. Mayor Stackis moved adoption of the resolution. Seconded by Council- man Pregler. Carried hy the following vote:Yeas-Mayor Stackis, Conncilmen Brady,Pregler, Tully, Wertzberg- cr. Nays-none. RESOLUTION NO. 313.77 WHEREAS, proposed plans, speci- fications, form of contract have been du- iy prepared aud 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: I. An estimate of the cost of the pro- posed improvement for the 20th Street Traffic Signals from Central Avenue to Elm Street. BE IT THERFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the puhlic welfare to make the herein- mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk ob- jections to the proposed improvement, they shall be deemed to have waived all ohjections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been pre- pared therefore by the City Engineer which have heen approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will he paid from the Road Use Tax Funds. The ahove resolution was introduced, approved, and ordered piaced on file with the City Clerk this 1st day of August, 1977. Approved and placed on file for final action. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved approval of the Resolution. Seconded by Councilmau Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. 422 Regular Session, August 1, 1977 Regular Session, August 1, 1977 423 (Fixing Date of Hearing) RESOLUTION NO. 314.77 WHEREAS, the City Council of the City of Dubuque, Iowa has given its pre- liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for puhlic inspection for the 20th Street Traffic Signals from Central A ve- nue to Elm Street. BE IT THEREFORE RESOLVED that on the 15th day of August, 1977, a puhlic hearing will hc hcld at 7:30 p.m. in the Coun- cil Chamber of the City of Dubuque at which time the ohjcctors for the proposcd im- provement may appear and make objec- tion to the proposed plans and specifica- tions and proposed form of contract, to the cost of the improvement and the City Clerk he and he is herehy directed to cause a no- tice of the time and place of such hearing to be puhlished in some newspaper pub- lished in the City ofDubuque which shall be not less than four (4) days nor more than twenty (201 days prior to the day fixed for its consideration of the aforementioned improvement. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Staekis moved adoption of the Resolution. Seconded hy Councilman Preg- ler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzbergerc Nays-none. RESOLUTION NO. 315-77 BE IT RESOLVED by the City Council ofthe City ofDubuque, Iowa, that the fol- lowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, he grant- ed a permit to sell Cigarettes and Cigar- ette Papers within said City. Donald Plumley, 1122 Dodge St. Hazel Koeller, 2987 Jackson St. Passed, a40pted, and approved this 1st day of August, 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 hy the rollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, 1'ully, Wertzherger. Nays-none. Passed, adopted, and approved this 1st day of Angust, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waiter A. Pregler Councilmen RESOLUTION NO. 316-77. WHEREAS, applications for Beer Per- mits have been suhmitted to this Council for approval and the same have heen ex- amined: NOW THEREFORE IT BE RESOL V- ED BY THE City Council of the City of Dubuque, Iowa, that the following appli- cations he granted and permits issued up- on the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Women's Recreation Association, Inc. (Also Sunday Sales 1 McAleece Field John P.Frangos (Also Sunday Salesl1236 Iowa Street Saint Columhkille Church (Also Sunday Sales 1 1240 Rush Street The Church of the Nativity (Also Sunday Salesl 1225 Alta Vista St. CLASS "C" BEER PERMIT Thomas Astgen, Sunday Sales, 1101 Rhom- herg Ave. Duhuque Packing Company, 16th & Sy- camore St. Hartig Drug Co., Sunday Sales, 2225 Cen- tral Avenue Hartig Drug Co" SundaySales, 2255 John F. Kennedy Hartig Drug Co., Sunday Sales, 97 Locust Street Beecher Co" Inc., Sunday Sales, 1691 Ashury Road Beeeher Co., Inc" Snnday Sales, 2399 White Street Lucky Stores, Inc., Sunday Sales, 1800 Elm Street Lucky Stores, Inc" Sunday Sales, 3033 Asbury Road Lucky Stores, Inc" Sunday Sales, 200 South Locust St. Lucky Stores, Inc., Sunday Sales, 3049 As- hury Road Ralph J.Grabow, Sunday Sales, 1050Uni- versity Ave., Vivian Heinz, Snnday Sales, 3301 Penn- sylvania Ave. Earl Schumacher, Sunday Sales, 2204 Cen- tral Avenue Thompson's Food markets, Inc., Sunday Sales, 1256 Iowa Street Thompson's Food Markets, Inc., Sunday Sales, 51 West 32nd St. Thompson's Food Markets, Inc., Sunday Sales, 1545 South Grandview Randall's International, Inc" Sunday Sales, 2600 Dodge St. Randall's International, Inc" Sunday Sales, 2013 Central Ave. ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded hy Mayor Staekis. Carried hy the following vote: Yeas-Mayor Staekis, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 317.77 WHEREAS, application\,for Beer Per- mits were filed hy the within named ap- plicants and they have received the approval of this Council: and WHEREAS, the premises to he occu- pied by such applieants were inspected and found to eomply with the Ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RESOLV- ED BY THE City Council of the City of Duhuque, Iowa, that the Manager be au- thorized to cause to he issued to the fol- lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Women's Recreation Association, Inc. (Also Sunday Sales I McAleece Field John P. Frangos (Also Sunday Salesl1236 Iowa Street Saint Coiumhkille Church (Aiso Sunday Sales) 1240 Rush Street The Church of the Nativity (Also Sunday Sales) 1225 Alta Vista St. CLASS "C" BEER PERMIT Thomas Astgen, Sunday Sales, 1101 Rhom- berg Ave. Dubuque Packing Company, 16th & Sy- eamore St. Hartig Drug Co" Sunday Sales, 2225 Cen- tral Avenue Hartig Drug Co., Sunday Sales, 2255 John F. Kennedy Hartig Drug Co" Sunday Sales, n Locust Street Beeeher Co" Inc., Sunday Sales, 1691 Asbury Road Beecher Co" Inc" Sunday Sales, 2399 White Street Lucky Stores, Inc., Sunday Sales, 1800 Elm Street Lucky Stores, Inc" Sunday Sales, 3033 Asbury Road Lucky Stores, Inc., Sunday Sales, 200 South Locust St. Lueky Stores, Ine., Sunday Sales, 3049 As- bury Road Ralph J. Grabow, Snnday Salei', 1050Uni- versity Ave" Vivian Heinz, Sunday Sales, 3301 Penn- sylvania Ave. Earl Schumacher, Sunday Sales, 2204 Ceu- trai Avenue Thompson's Food markets, Inc., Sunday Sales, 1256 Iowa Street Thompson's Food Markets, Inc., Sunday Sales, 51 West 32nd St. Thompson's Food Markets, Inc" Sunday Sales, 1545 South Grandview Randall's International, Inc" Sunday Sales, 2600 Dodge St. Randall's International, Inc" Sunday Sales, 2013 Central Ave. Passed, adopted, and approved this 1st day of Augnst, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wert,herger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded hy Mayor Stackis. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 318-77 WHEREAS, applications for Liquor Licenses have heen suhmitted to this Coun- cil for approval and the same have heen examined; NOW THEREFORE BE ITRESOLV- ED BY THE City Council of the City of Dubuque, Iowa, that the following appli- cations he approved and licenses issued npon the compliance with the provisions of Chapter 131,Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Stephen Noonan, (Also Sunday Salesl, 1298 Main Street John Glynn, 760 East 16th Street James J. Klauer, 1646 Asbury Road Pete S. Sfikas, (Also Sunday Salesl, 401 405 Central Avenue Super Ma.-ket, Corp" Sunday Sales, 1101 Central Avenue Larry Kratzer, Sunday Sales, 2417 Rhom- berg A venue Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler ATTES1': Councilmen Leo F. Frommelt City Clerk 424 Regular Session, August 1, 1977 Councilman Pregler moved adoption of the Resolution. Seconded by Mayor Stackis. Carried by following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. ers a letter of explanation, stating high construction costs ofits Lansing, Iowa gen- erating plant as the basis of necessitating such an increase; and WHEREAS, the requested percentage of increase is unrealistic and expensive. NOW THEREFORE, BE IT RESOL V- ED BY THE City Council of the City of Dubuque, Iowa that: I. The rate increase of 20.7% per resi- dentinl user is indeed incomprehensi- ble, and will place a financial burden on many citizens without returning 20.7% worth of service improvements. 2. That the City Attorney is hereby au- thorized to investigate this situation, and if he deems it advisable, to file an objection with the Iowa state Com- meree Commission on hehal! of the cit- izens of Duhuque, and to represent such ohjections in the event a hearing is held. Passed, adopted, and approved this 1st day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen RESOLUTION NO. 319.77 WHEREAS, applications for Liqnor Licenses were filed hy the within named applieants and they have received the approval of this Council: and WHEREAS, the premises to be occu- pied by snch applicants were inspected and found to comply with the State Law and all City Ordinanees relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE City Couneil of Dubnque, Io- wa, that the Manager be authorized to cause to be issued to the following nam- ed applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Stephen Noonan, (Also Sunday Sales), 1298 Main Street John Glynn, 760 East 16th Street James J. Klauer, 1646 Asbury Road Pete S. Sfikas, (Also Sunday Sales), 401 405 Central Avenue Super Market, Corp., Sunday Sales, 1101 Central Avenue Larry Kratzer, Sunday Sales, 2417 Rhom- herg Avenue Passed, adopted, and approved this 1st day of August, 1977. Emil Staekis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution as Amended. Seconded hy Councilman Tully. Carried hythe fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-Councilman Wertzherger. To the Honorable Mayor and Memhers of the City Council In accordance with the provisions of Chapter 400 of the CodeofIowa 1975 the Civil Service Commission conducted writ- . ten exams on June 29, 1977 and physieal agility tests on July 13, 1977 for applicants to the Police Department. The following named applicants are hereby certified are to he considered for appointment in the following order: A venarius, Daniel Klosterman, Michelle Kluck, Kenneth Russett, Steve Danner, Robert Schmeichel, Thomas Sr. Ritzman, Jeff Chapman, Michael Ginter, Kenneth Morris, Scott We also have a second list of ten per- sons who have passed the required exam- inationsinreserve. These are listed next highest in standing in order of their grade ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seeonded by Mayor Stackis. Carried hy following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 320-77 WHEREAS, Interstate Power Com- pany has requested as of July 28, 1977, an increase in electrical rates, i.e. 20.7% for residential use, 13.6% for farm use, 12.9% for commercial, 16.7% industrial and 31.8% for bulk industrial; and WHEREAS, The City of Dubuque has negotiated a nonexclusive franchise with Interstate Power Compauy which was rat- ified by the electorate; WHEREAS, Interstate Power Com- pany has distrihuted to all of its custom- Regular Session, August 1, 1977 425 and can be certified, if the ahove list is exhausted within one year. Respeetfully suhmitted, Carolyn Farrell, BVM Chairperson John E. Hess Civil Serviee Commissioners ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to hefore me this 1st day of August 1977. Z.D. Hantelmann Notary Public in and for Duhuque County, Iowa Mayor Stackis moved that the commu- nication he received and made a matter of record. Seconded hy Councilman Wertz- berger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. July 26, 1977 Honorahle Mayor and City Council We wonld appreciate the opportunity to discuss the purchase and sale of sever- al parcels of real estate during an Execn- tive Session with members of the City Council. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the eommunication he received and filed. See- onded hy Couneilman Tully. Carried hy the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Councilman Tully moved to rescind the appointment ofRev. Karl Schroeder and reappoint Ken Pease for a six year term to the Lihrary Board. Seconded hy Coun- cilman Wertzberger. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. At 9:43 p.m. Councilman Wertzherger moved to go into Executive Session to diseuss pnrchase and sale of real estate. Seeonded by Conncilman Pregler. Car- ried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Reconvened in Regular Session at 10:22 p.m. Mayor Stackis moved that the City Manager be directed to con- tinue investigation of the Trenkle prop- erty and made an offer to bny. Seeonded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. There being no further husiness, Coun- cilman Wertzberger moved to adjourn. Seconded by Tully. Carried by the fol- iowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Leo F. Frommelt City Clerk Approved. .1978 Adopted .1978 Councilman ATTEST: City Clerk 426 Special Session, August 15, 1977 CITY COUNCIL OFFICIAL Special Session, August 15,1977. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Sfackls, Council. men Brady, Pregler, Tully, Wertzher- ger. City Manager Gilbert D. Chaven- elle. Mavor Stckis read the call and stated that s~rvice thereof had heen duly made and this meeting is called to CONDUCT A PUBLIC HEARING ON THE RES- OLUTION OF NECESSITY FOR THE CONSTRUCTION OF SUNSET RIDGE DRIVE ASPHALT PAVING and acting upon such other husiness as may proper- ly come before a regular meeting of the Council. Invocation was given hy Rev. Wm. C. Kunsch, Pastor of St. Patrick's Catholic Church. Proclamations proclaiming period of Sep- temher 4th to September 5th as "Jerry Lewis Muscular Dystrophy Telethon Weekend", Knights of Columhus proclaim- ing "Mentally Handicapped Health Week" week of Septemher 12th and American Federation of Lahor proclaiming week of September 5-10, 1977 as "Union Label Week", were read and approved and signed by Mayor Stackis. Communication of Housing Commis- sion suhmitting minutes of their meet- ing of July 19, 1977, presented and read. Councilman Brady moved that the minu- tes he received and filed. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Housing Rehabili- tation Commission suhmitting minutes of their meeting of July 26, 1977, present- ed and read. Councilman Brady moved that the minutes be received and filed. Seeonded hy Councilman Pregler. Car- ried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communication of Youth Serviees suh- mitting quarterly report for period end- ing July, 1977, presented and read. Coun- cilman Brady moved that the report be reeeived and filed. Seconded hy Coun- eiiman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Five Flags Civic Center Commission suhmitting minutes of their meeting of August 2,1977, pre- sented and read. Couneilman Brady moved that the minutes be received and filed. Seeonded hy Counciiman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Five Flags Civic Center Fund Executive Committee sub- mitting minutes oftheir mooting of August 5,1977, presented and read. Couneilman Brady moved that the minutes be receiv- ed and filed. Seconded by Councilman Pregler. Carried hy the following vote: Yeas-Mayor Staekis, Conncllmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communieation of Board of Dock Com- missioners submitting minutes of their meeting of July 8, 1977, presented and read. Counciiman Brady moved that the minutes he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Duhuque Transit Trustee Board suhmitting minutes of their meeting of July 12, 1977, presented and read. Counciiman Brady moved that the minutes he received and filed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communieation of Duhuque Citizens Advisory Commission suhmitting minutes of their meeting of July 26, 1977, presented and read. Councilman Brady moved that the minutes he received and filed. Second- ed by Couneilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Commnnication of Planning & Zoning Commission submitting minutes of their meeting of August 3, 1977, presented and read. Councilman Brady moved that the minutes be received and filed. Seconded by Couneilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communieation of Duhuque County En- gineer advising of public hearing on the vaeation of Garnet Avenue on Augnst 29, 1977, presented andread. Councilman Preg- ler moved that the City Manager and Staff he authorized to attend the hearing and voice objection to the vaeation. Seconded by Councilman Tully. Carried hy the fol- lowing by the following vote: Special Session, August 15,1977 427 Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Mike Fitschen suh- mUting his opinion on the use of keg beer in the City Parks, presented and read. Mayor Stackis moved to suspend the rnles to let anyone present address the Coun- cil if they so desire. Seconded by Coun- eiiman Tnlly. Carried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Mike Fitschen addressed the Council relative to the commnnication. Council- man Wertzherger moved that the commu- nieation he received and filed and refer- red to the Conncii and Park Board. Sec- onded by Mayor Staekis. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzherger. Nays-none. Communication of William H. Lanere- questing Couneil action on the prohlem of excessive noise and speeding of motor- cycles on Kaufmann Ave., presented and read. Poliee ChiefO'Brien and Health Ad- ministrator Roth spoke to the communi- cation. Mayor Stackis moved that the eom- munieation he received and filed and re- ferred to the City Manager, Traffie De- partment and Chief of Police. Seconded by Councilman Wertzherger. Carried hy the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communications of Iowa D.E.Q. advising of issuance of water main extension con- struction permits to Terrace Estates Subd., Stone Hill Community Bloek 6 Phase I, and Lots 30-53 Hawkeye Estates, presented and read. Conncilman Pregler moved that the communications be re- eeived and filed. Seconded hy Councii- man Wertzherger. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Conncllmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of State Historical De- partment of Iowa advising that Wash- ington Park has heen entered in the Na- tional Register of Historie Places, pre- sented and read. Conncilman Pregler moved that the eommunication be receiv- ed and filed. Seconded hy Counciiman Wertzherger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Peoples Natural Gas advising of authority granted hy Iowa State Commerce Commission to change its new customer conneetion pro- cedures: also communication advising of putting into effect its general rate in- crease on June 26, 1977, presented and read. Councilman Pregler moved that the communications be received and fiI. ed. Seeonded hy Counciiman Wertz- herger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communication of Theresa Cicciarelli suhmitting her resignation as a memher of the Board of Adjustment, presented and read. Councilman Pregler moved that the communieation he received and filed. Seconded hy Councilman Wertz- herger. Carried hy the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Thomas D. Felder- man and Richard N. Smith indieating a de- sire to purchase two city owned lots to 550 W. 8th Street, presented and read. Councilman Pregler moved that the com- mnnieation he referred to City Manager for recommendation and report. Second- ded hy Councilman Wertzberger. Car- ried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. August 1, 1977 Honorahle Mayor and City Couneii I herewith suhmit the reports of the City Treasurer, Finance Direetor, Wat- er Superintendent, Health Department, as well as a list of claims paid, lor the month of June 1977. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the eom- munication be received and filed. Second- ed hy Conncilman Wertzherger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Proof of Puhlication, certified to hy the Publisher, of Statement of Receipts and Expenditures, also list of claims for July, 1977, presented and read. Council- man Pregler moved that the proof of puh- lieation he reeeived and Iiled. Seeonded by Councilman Wertzberger. Carried hythe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. August I, 1977 Honorable Mayor and City Council I return to you the petition of Mr. and Special Session" August 15, 1977 principal amount of not exceeding $10,750,000., as referred to in the pream- ble hereof, and at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Series 1977 Bonds. Section 2. The City Clerk is herehy directed to give notice of intention to is- sue the Series 1977 honds by puhlication at least once not less than fifteen(151 days prior to the date fixed for the hear- ing in The Telegraph Herald, a legal newspaper puhlished and having a gen- eral circulation within said eity, in suh- stantially the following form: Notice of Intention to Issue Hosptial Facility First Mortgage Refunding and Improvement Revenue Bonds The City Council of the City of Dubu- que, in Duhuque County, Iowa, will meet on the 6th day of Septemher, 1977, at the Council Chambers in the City Hall, Du- buque, Iowa, at 7:30 o'clock p.m. for the purpose of conducting a puhlic hearing on the proposal to issue Hospital Faeility First Mortgage Refunding and Improve- ment Revenue Bonds (The Finley Hospi- tal Projeetl, Series 1977, of said City, iu the principal amount of not exceeding $10,750,000, for the purpose of refunding in advance the City's currently ontstan- ding $4,250,000 principal amount of Hos- pital Facility First Mortgage Revenue Bouds (The Finiey Hospital Projeet), Series A, and defraying a portion of the cost of the aeqnisition of certain huilding and improvements suitahle for the use of the voluntary nonprofit hospital operated hy The Finley Hospital. The series 1977 honds, when issued, will be limited obligations and will not con- stitute geueral obligations of said City nor will they be payable in auy manner by taxation, hut said Series 1977 Bond will he payable soleiy and only ont of the revenues to be derived hy said City from a loan Agreement between said City and The Finley Hospital. At the time and place fixed for said public hearing allioeal residents who ap- pear will be given an opportunity to ex- press their views for or against the pro- posal to issue said honds. By order of the City Council Augnst 15, 1977. Leo F. Frommelt City Clerk Section 3. The City shall under no eir- cumstanees he obliged to issue the Ser- ies 1977 honds unless the City shall he assured that the project involving addi- tional buildings and improvements for the Hospital is financially feasihle and it has in hand a firm commitment for the WHEREAS, the City of Duhuque, a municipality and political suhdivision in the County of Dubuque, State of Iowa (the "City") is authorized by Chapter 419 of the Code of Iowa, as amended (the "Act") to issue revenue bonds and loan the proceeds to one or more contracting parties to be used to pay the cost ofland, buildings and improvements suitable for the use of any voluntary nonprofit hospi- tal: and WHEREAS, the City is further au- thorized and empowered by the provi- sions of the Act to issue its refunding bonds to refund its bonds theretofore is- sued under the Act; and WHEREAS, The Finley hospital, and Iowa nonprofit corporation (the "Cor- poration"!, presently owns and operates a voluntary nonprofit hospital (the "Hos- pital") within the corporate limits of the City: and WHEREAS, on May 13, 1975 the issu- er issued its $4,250,000 principal amount of Hospital Facility First Mortgage Re- venue Bonds (The Finley Hospital Pr- oject) Series A (the "Seris A Bonds") dat- ed January 1, 1975, all of which are cur- rently outstanding, for the purpose of loaning funds to the Corporation to fi- nance part of the cost of certain huild- ings and improvements suitahle for the nse of the Hospital; and WHEREAS, it is deemed necesary and advisahle that Hospital Facility First Mortgage Refunding and Improve- ment Revenue Bonds (The Finley Hospi- tal Projectl Series 1977 of the Issuer in a principal amount not to exceed $10,750,000. (the "Series 1977 Bonds") should he issued to refund in advance all of thc Series A Bonds and to finance part of the cost of additional huildingsand im- provements suitable for the use of the Hospital; and WHEREAS, the issuance of the Ser- ies 1977 Bonds will promote the general hcalth and welfare of the inhabitants of the city; and WHEREAS, it is first necessary to conduct a puhlic hearing on the proposal to issue the Series 1977 honds, as requir- ed and provided by Section 419.9 of the Act; NOW, THEREFORE, Be it Resovled, by the City Council of the City of Duhu- que, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 6th day of September, 1977, at 7:30 o'clock p.m" at which time and place a public hearing shall he held on the proposal to issue the Hospital Fa- cility First Mortgage Refunding and Im- provement Revenue Bonds (The Finley Hospital Project), Series 1977, in the 428 Special Session, August 15, 1977 Mrs. Jerry Gehrke requesting the vaca- tion of a portion of Wilderness Road. I recommend that the petition he de- nied hecause of possible future puhlic use of the land in the vacation proposal I have written to Mr. and Mrs. Gehrke informing them of my recommendation and that the proposal would he consider- ed at the Council meeting August 15th. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication he received and filed and reeommendation of denial he approved. I Seconded hy Councilman Wertzherger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communication of Planning & Zoning submitting their findings on the H.R.W. Associates petition requestiug a C-6 Plan- ned Commercial District on Lots 3, 4, 5, 6, 1 of 7 in Block 21A, Key Knolls Suhd. recommending that the petition and Com- mission's recommendation he tabled to a specified futnre date to permit review of traffic and street problems, presented and read. Attorney Bertsch represent- I ingH.R.W. Associates requested a public hearing be held on zoning request from a C-3 to a C-6 Zoning Classification. Coun- cilman Pregler moved that the communi- cation he referred to a Council Meeting to be held on August 31, 1977. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Communication of the Finley Hospital suhmitting $3500 toward City expense incurred relative to a proposed revenue bond issue and requesting consideration of adoption of a resolution setting date for a public hearing, presented and read. ' Mr. Jack Samuels, Consultant for Finley Hospital, Melvin M. Graves, Jr., and E. Marshall Thomas addressed the Couneil relative to the communication stating monies for surgery are in trust account; Project now does include a surgical suite; Bond issue will have a described project. Councilman Wertzherger moved that the communication he received and filed. Sec- onded hy Mayor Staekis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 321.77 RESOLUTION fixing a date tor hearing on proposed Hospital Facility First mortgage Refunding and Improve. ment Revenue Bonds (The Finley Hospital Prolect), Series 1977 -- 429 purchase of the Series 1977 Bonds npon terms satisfactory to the City. Section 4. That all resolutions or parts thereof in cooflict herewith he and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 15, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resoiution. Seconded hy Mayor Stackis. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady,Pregler, Tully, Wertzberger. Nays-none. July 29, 1977 Honorahle Mayor & City Council Claim was filed on June 21, 1977, by Wayne V. Hamilton of Gardners Lane, Duhuque, Iowa claiming damages to his motor vehide allegedly occuring on June 21, 1977 as the result of striking a raised manhole cover on J ndson Street. This matter was referred to the City Attorney who made an investigation thereof, and referred same to the con- struction contractor doing the construc- tion at said site and that said contractor has advised the undersigned that said matter has heen amicably disposed of at no cost to the City. It is therefore the recommendation of the City Attorney that the claim of Wayne V. Hamilton he denied. Original claim is returned herewith. R.N. Russo City Attorney Councilman Wertzberger moved that the communication he received and filed and reeommendation of denial be ap- proved. Seconded by Councilman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Notice of Car Damage Claim of James W. Grant, in the amount of $83.49, for tire damage incurred as the result of striking a protruding ohject from the curh at 886 Merz Street on July 28, 1977, presented and read. Councilman Pregler moved that the Notice of Claim hc refer- red to the city Attorney for investiga- tion and report. Seconded hy Coun- cilman Wcrtzhcrger. Carricd by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Prcglcr, Tully, Wcrtzberger. Nays-nonc. Notice of William R. Bartmann, At- torney as representative of Richard & Special Session, August 15, 1977 430 Special Session, August 15,1977 431 Dianne Tuthill, relative to a motoreycie accident at 12:00 a.m. at intersection of Loras & University due to accumulation of ~as & oil in the street on July 19, 1977, presented and read. Couneilman Pregler moved that the Notice be referred to the City Attorney for investi~ation and report. Seconded hy conncilman Wert~- ber~er. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays~none. Notice of Car Damage Claim of Dorothy M. Schroeder, in the amount of $128.75, for damage incurred as the result of a city water hreak at 2344 Cen- tral Ave. on July 30, 1977, presented and read. Councilman Pregler moved that the Notice ofCiaim he referred totheCi- ty Attorney for investigation and re- port. Seconded by Councilman Wertz- herger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brndy, Pregler, Tully, Wertzberger. Nays-none. Notice of Claim of Edward Matous, in an undetermined amount, for expense and property damage incurred as the result of a hacked-up sewer at 2175 Roosevelt street on August I, 1977, presented and read. Councilman Pregler moved that the Notiee of Claim he refer- red to the City Attorney for investiga- tion and report. Seconded by councilman Wertzberger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Notice of Property damage claim of James C. Nesler, in the approx. amount of $600" for hroken plate glass window in the mall, as the result of operation of a grass mower in the Plaza on Jnly 16, 1977, presented and read. Councilman Pregler moved that the Notice of Claim be referred to the city Attorney for in- vesti~ation and report. Seconded by Councilman Wert~berger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pre~ler, Tully, Wcrtzher~er. Nays-none. Notice from small ciaims court by Lorice Inc" in the amount of $991.35, for reasonable costs of expenses to properly clear land for development of downtown Urban renewal Project lot, work to have been done hy the City pursuant to con- tract with Lorice, presented and read. Councilman Pre~ler moved that the Notice be referred to the City Attorney for investigation and report. Seconded hy councilman Wert~her~er. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Notice of Suit of Jeanette Scheuring, in the amount of $10,000" for personal in- juries received on a defective sidewalk on Central Ave. hetween 14th and 15th Streets on September 29, 1976, present- ed and read. Councilman Pregler moved that the Notice of suit be referred to the City Attorney for investigation and re- port. Seconded hy Councilman Wertz- berger. Carried hy the followin~ vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Notice of Suit of Edward John Are- ndt, in the amount of $50,000., for per- sonal injuries received in a fall in an icy intersection of Wcstridge & Penn- sylvania Ave. on March 5, 1976, pre- sented and read. Councilman Pregler moved that the Noticeofsuit be referred to the City Attorney for investi~ation and report. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. Proof of Puhlication, certified to by the Puhlisher, of Notice of Puhlic hear- ing to amend Zoning Ordinance by estab- lishing n Planned Unit Development in O'Neill's Riverview, Mineral I,ots 323 and 324, presented and read. No written ohjections were filed and no oral objec- tors were present in the Council Cham- ber at the time set for the hearing. Coun- cilman Wert~hergermoved that the pro- of of puhlication be received and filed. Seconded hy Councilman Pregler. Car- ried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. ORDINANCE NO. 56.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ES. TABLISH A "PLANNED UNIT DE. VELOPMENT" DESIGNATION ON PROPERTY HEREINAFTER DE- SCRIBED LYING IN AN R.4 RESIDEN. TIAL DISTRICT ON PORTIONS OF MINERAL LOT 323, MINERAL LOTS 324, AND O'NEILL'S RIVERVIEW AD- DITION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of July 18, 1977, presented for final adoption. ORDINANCE NO. 56.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," WHICH AMENDMENT SHALL ES- TABLISH A "PLANNED UNIT DE. VELOPMENT" DESIGNATION ON PROPERTY HEREINAFTER DE. SCRIBED LYING IN AN R.4 RESIDEN. TIAL DISTRICT ON PORTIONS OF MINERAL LOT 323, MINERAL LOT 324, AND O'NEILL'S RlVERVIEW AD. DITION IN THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Duhuque, Iowa he amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Duhuque, Iowa," hy estahlishing a "Planned Unit Development" designa- tion on property in an "R-4 Residential District", whieh real estate is descrih- ed,towit: The Sub of Lot I of Mineral Lot 323 Lot I: sublot I of 2 of Mineral 324 Lot I; O'Neill's Riverview Suhlot 94: and Suhlot I of I of 3 of 1 of the Suhofloflof30floftheSubofl of I of I of 2 of I of I of Mineral Lot 324 Lot, all in the City of Duhuque, Iowa, and containing 10 aeres more or less. Section 2. That the "Planned Unit Development" designation, applied to the property herein descrihed, is a ten- tative reclassification and final adop- tion of the amendment as set forth in Section I of this Ordinance shall he suh- ject to the requirements of Section 4-110.11.3 of Appendix A of the Code of Ordinances of the City of Dubuque, Iowa, aiso known as the "Zoning Or- dinance and Zoning Map of the City of Duhuque, Iowa," whereby final adop- tion of the "Planned Unit Develop- ment" designation is contingent upon submission of a Final Development Plan, by the developer, within six (61 months of the effective date of this Or- dinance, and further, that failure by the developer to comply with the require- ments as set forth herein, shall an- tomatically revert the property to its former "R-4 Residential District" class- ification. Section 3. That the foregoing amendment has heretofore heen ap- proved hy the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 15th day of August, 1977. EmiiStackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady WalterA.Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Puhlished officially in the Telegraph Herald Newspaper this 19th day of August, 1977. Its/19 Councilman Wertzberger moved fi- nal adoption of the Ordinance. Second- ed hy Councilman Pregler. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. ORDINANCE NO. 57.77 AN ORDINANCE AUTHORIZING LLOYD S. GUDENKAUF TO CON. STRUCT 8" REINFORCED CON- CRETE WALL, said Ordinance having heen previously presented and read at the Council Meetings of July 18 and August I, 1977, presented for final adoption. ORDINANCE NO. 57-77 AN ORDINANCE AUTHORIZING LLOYD S. GUDENKAUF TO CON. STRUCT 8" REINFORCED CON. CRETE WALL NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lloyd S. Gudenkauf as owners of the premises known as Lot 29 and 30 at Woodland Park, in the City of Dubuque, Iowa he, and they are here- by granted the revocahle permit and authority to construct and maintain an 8" reinforeed concrete wall-IOO' long under the terms and conditions set forth in this Ordinance. Section 2. That sueh construction shall be done in accordance with plans heretofore submitted hy permittees and approved by City Manager, under the supervision and direction of the Ci- ty Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinanees of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees agreement to: 432 Special Session, August 15, 1977 Special Session, August 15, 1977 433 a. Assume any and all' liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said 8" concrete wall: b. To pay on behalf of the City of Du- buque all sums which the City of Dn- buque shall hecome ohligated to pay hy reason of the liahility imposed upon the City of Dubuque for dam- ages of any kind resulting from the location, installation, existence, con- struction or maintenance o[ said con- crete wall, sustnined hy any person or persons, caused hy accident or otherwise, to defend at its own ex- pense and on behalf of said City any claim against the City of Dubuque arisin~ out of the location, installa- tion, existence, construction or maintenance of concrete wall and to pay reasonable attorney fees there- [or: c. To indemnify and hold City of Du- huque free and harmless from any and all claims, loss, liability and ex- pense for injuries to third persons or damages to property of third per- sons, or for damage to any property of City of Duhuque which may occur as a result of or in connection with the location, installation, construc- tion, maintenance and repair of the facility, work or improvement per- mitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees fnrther agreement that should the right and privilege herein granted he rescinded or revoked by the City Council, permittees, or their suecessors in interest, as owners of the abutting property, shail within ten (10) days after receipt of written notiee [rom the City Manager, so to do, at their own expense, remove said con- erete wall, and in the event of their failure so to do, the City of Dubuque shall he authorized to remove said con- crete wall, at permittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents [or damages resulting from the removal of said concrete wall. Section 5. Permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, eon- struction, repair or maintenance of said facility and said permittee hereby cov- enants and agrees not to assert such claim or defense against the City of Dubuque in the event of claim asserted for personal injuries and/or property damage against the permittee arising ont of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Lloyd S. Gudenkauf when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted hy permit- tees by acceptance endorsed on this Or- dinance. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor 'I'homas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Cierk ACCEPTANCE OF ORDINANCE NO. 57.77 The undersigned having read and he- ing familiar with the terms and condi- tions of Ordinance No. 57-77 herehy, for themselves, their successors or assigns, as owners of the ahutting property, ac- cept the same and agree to he bound by the conditions and agreements therein contained to he performed by permit- tees. Dated 5 July 1977 By: /s/ Lloyd S. Gudenkau!, Property Owner Puhlished officially in the Telegraph Herald Newspaper this 19th day of August 1977. I,eo F. Frommelt Its/19 City Clerk Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, 'l'nlly, Wertzberger. Nays-none. An Ordinance of the City ofDuhuque, Iowa, providing that the Code of Or- dinances, City of Dubuque, Iowa, be amended by enacting a new Section 32-1 to regulate Highway Crossin~s, was presented and read. After Council discussion, No Action was taken. Petition of Clarke-Loras Homecom- ing committee requesting permission to conduct a homecoming parade on Oc- tober 8, 1977, presented and read. Councilman Pregler moved that the re- quest he approved and referred to the City Manager for implementation. Se- conded by Counciiman Wertzberger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Petition of Duhuque Kiwanis Club re- qnesting permission to conduct a "Peanut Sale" at various locations on September 23, 1977, presented and read. Councilman Pregler moved that the request be approved and referred to the City Manager for implementa- tion. Seconded hy Councilman Wertz- herger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Petition of Terry L. Carleton et al (approx. 260 signatures) requesting that Flora Pool stay open rather than closing at five and reopening at six, or he stamped to allow for re-entry with- out charge, presented and read. Coun- cilman Pregler moved that the petition he approved and referred to a work ses- sion to he held with the Council and Recreation Department on Septemher 14, 1977. Seconded by Couneilman Wertzherger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Petition of Mary Willging et al (13 signers! requesting the erection of a street light for the lower end of 700 Block on Montcrest Street: and Com- munication of City Manager recommed- ning installation of street lights on Montcrest St., presented and read. Councilman Pregler moved that the petition and Manager's recommenda- tion he approved. Seconded hy Coun- cilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilman Brady, Pregler, Tully, Wertzherger. Nays-None. Petition of J. A. Sprengelmeyer et al (5 signers) residents of Parkway re- questing investigation of rainwater runoff problem, presented and read. Julius Sprengelmeyer and Virgil Frey- mann addressed the Councii stating Water is coming from Finley Hospital and is flooding their basements. Coun- cilman Pregler moved that the petition he referred to the City Manager and Ci- ty Solicitor to report hack to Council and to consult with Finley Hospital. Seconded hy Councilman Wertzberger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Hempstead High School requesting permission to conduct their annual Homecoming parade on Septem- her 30, 1977, presented and read. Coun- eilman 1'ully moved that the petition be approved and referred to the City Man- ager for implementation. Seconded hy Councilman Wertzberger. Carried hy the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of William J. Avenarius re- questing reconsideration of water pro- blem at 140 Aquin Street, outside City Limits, presented and read. Council- man Wertzberger moved that the re- quest he granted and referred to City Engineer. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Petition of James R. Mcintyre re- questing a refund of $211.25 on unex- pired portion of Beer-Liquor License No. C-9034, diseontinued husiness on June 30, 1977, presented and read. Councilman Tully moved that the re- fund he granted and City Auditor di- rected to issue proper warrant. Second- ed by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Stackis, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Knights of Columbus re- questing permission to conduct a "Toot- sie Roll Campaign" from September 16th to 18th for the Mentally Handicap- ped, presented and read. Councilman Tully moved tht the petition he approv- ed subject to implementation hy the Ci- ty Manager. Seconded by Councilman Wertzberger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Donald E. Deich et al (40 signersl requesting installation. of traf- fic stop signs on White Street north and south at 26th Street, also consideration for other signs to be placed on White Street, presented and read. Councilman Pregler moved that the petition be re- ferred to the City Manager and Traffic Department. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas-Councilmen Pregler, Tully, Wertzberger. Nays-Mayor Stackis, Councilman Brady. RESOLUTION NO. 322.77 A RESOLUTION amending are. solution entitled "A Resolution authorizing and providing for the issuance and securing the pay. ment of $850,000 Parking Fa- cilities Revenue Bonds, 1977 Series, of the City of Dubuque, Iowa, under the' provisions of 434 Special Session, Al.1gl.1st 15, 1977 Special Session, August 15, 1977 435 Sections 384.80 el seq. of th~ Code of Iowa, as amended, for the purpose of defraying the cost of acquiring additional off.stre~t molar vehicle parking facilities In and for said City." WHEREAS pursuant to notice and hearing as required by law, the City Council of the City of Duhuque, Iowa, has heretofore on July 5, 1977, adopted Resolution No. 252-77 entitled "A Res- olution authorizing and providing for the issuance and securing the payment of $850,000 Parking Facilities Revenue Bonds, 1977 Series, of the City of Dubu- que, Iowa, under the provisions of Sec- tions 384.80 et seq. of the Code of Iowa. as amended, for the purpose of defray- ing the cost of acquiring additional off- street motor vehicle parking facilities in and for said City"; and WHEREAS pursuant to pnblic notiee said bonds were sold on July 19, 1977, to Channer Newman Securities Co. up- on terms of par and accrued interest with the honds maturing in the years 1979 to 1989, inclusive, bearing interest at the rate of Five and twenty-hun- dredths per cent 15.20%1 per annum, the honds maturing in the years 1990 and 1991 hearing interest at the rate of Five and one-half per eent 15-1/2%1 per annum, the bonds maturing in the years 1992 hearing interest at the rate of Five and sixty-hundredths per cent 15.60%1 per annum, and the honds maturing in the years 1993 and 1994 bearing in- terest at the rate of Five and seventy- hundredths per cent 15.70%1 per an- num; and WHEREAS it was provided in the notice of sale of said honds that hoth principal and interest are to he payahle at the Office of the City Treasurer, Du- huque, Iowa, and also at a hank or trust company to he mutually agreed upon hetween the purchaser and the City, and the purchaser has determined that an alternate paying agent is not ne- cessary, which determination is agree- able to the City; and WHEREAS it is necessary that Sec- tion I of the bond resolution referred to ahove be amended to specify the inter- est rates which the bonds are to hear and to confirm the place of payment; NOW, THEREFORE, Be It Resolved hy the City Council of the City of Du- buque, fowa, as follows: S~ction 1. That Section I of the resolution referred to in the preamble hereof be and the same is hereby amended to read as follows: "Section 1. That for the purpose of defraying the cost of eonstrncting addi- tional public motor vehicle parking fa- cilities in and for the City of Dubnque, Iown, as referred to in the preamhle hereof, there be and there are herehy authorized to he issued the negotiable interest hearing revenue bonds of said City of Dubuque, in the principnl a- mount of $850.000, each of which shall be known and designated as a "Parking Facilities Revenue Bond, 1977 Series," hearing date of Jnly I, 1977, numbered I to 170, inclusive, of the denomination of $5000 each. The bonds of said issue shall bear interest from the date there- of at the rates hereinafter specified, such interest to be payahle January I, 1978, and semiannually thereafter on the first days of July and January in each year. Said honds shall become dne and payable in their numerical order on January I of each of the respective years and shall hear interest at the rates as follows: thus called for redemption and for the payment of which, upon the terms a- foresaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. Both principal and interest of said honds shall he payahle in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. As permit- ted and provided for under the terms of the ordinance adopted by the City Council of the City of Duhuque, Iowa, on May 20, 1964, and as recited on the face of eaeh of the outstanding Parking Faeilities Revenue Bonds of said City dated June I, 1964, and as permitted and provided for under the terms of the ordinance adopted by the City Council of said City on Deeemher 2, 1968, and as recited on the face of each of the out- standing Parking Facilities Revenue Bonds, 1968 Series, of said City dated January I, 1969, the Parking Faeilities Revenue Bonds, 1977 Series, herehy au- thorized shall rank on a parity with the presently outstanding bonds referred to in the preamble hereof and with any additional bonds as may hereafter he is- sued and outstanding from time to time ranking on a parity therewith under the conditions and restrictions hereinafter set forth, and all of said honds shall he payable solely from the bond and in- terest redemption sinking fund here- inafter referred to and shall be a valid claim of the holder thereof only against said fund, and none of the honds herein authorized to be issued shall he a gen- eral obligation of said City nor payahle in any manner by taxation, hut the bonds herein authorized to he issued, together with the presently ontstand- ing bonds referred to in the preamhle hereof and such additional honds as may he hereafter issued ranking on a parity therewith, shall he payable, both as to principal and interest, solely and only from the future net revenues of said improved system of publie motor vehicle parking facilities pledged therefor as hereinafter provided." Section 2. That the form of hond for said issue specify that the honds and in- terest thereon are payable at the Office of the City Treasnrer of the City of Du- huque, Iowa. Section 3. That all resolutions and orders or parts thereof in conflict herewith he and the same are herehy repealed to the extent of such conflict. Section 4. That this resolution shall he in full force and effect immediately upon its passage and approval as pro- vided hy law. aood R.tool v." Amouo' Numb"" '0'.'." 1979 $30,000 1- 6 5.20% 1980 35,000 7- 1:1 5.20% 1981 35,000 14- 20 5.20% 1982 40,000 21- 28 5.20% 1983 45,000 29- 37 5.20% 1984 45,000 88- 40 5.20% 1985 45,000 47- 55 5.20% 1986 50,000 56- 65 5.20% 1987 50,000 66- 75 5.20% 1988 50,000 76- 85 5.20'10 1989 60,000 86- 97 5.20% 1990 70,000 98-111 5'1,% 1991 70,000 112-125 5'1,% 1992 75,000 126.140 5.60% 1993 75.000 141-155 5.70'10 1994 75,000 156-170 5.70% provided, however, that honds numbered 86 to 170, inclusive, shall be redeemable by said City prior to ma- turity in whole, or from time to time in part in inverse order of maturity (less than all of one maturity to be selected hy loti, on any interest payment due on or after January 1, 1988, upon terms of part and accrued interest plus a pre- mium of Fonr per cent i4%1 of the prin- cipal amount of any such honds called for redemption on January I, 1988, and if called for redemption thereafter, the amount of such premium to be so paid shall be reduced at the rate of 1/2 of one per cent of the principal amount for each full year that the redemption date is subsequent to January 1, 1988. In the event any of said bonds are called for redemption prior to maturity as afore- said notice of such redemption, identify- ing the hond or bonds to he redeemed, shall he published at least once but not less than thirty 1301 days prior to the redemption date in a financiai news- paper or journal published in the City of New York. All of such honds as may be Passed and approved this 15th day of August, 1977. Emil Stackis Mayor ATTEST: Leo F. Frommelt City Clerk Recorded August 15, 1977. Leo F. Frommelt City Clerk Councilman Wertzhcrger moved adoption of the Resolution. Seconded hy Councilman Pregler. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. Petition of Marvin C. & Alice L. Meeker and Richard W. Anthonyrc- questing annexation to the City cover- ing Lot 2 of the NEV, of SE'/, Section 12, Township 89 North Range 2 East 5th P.M., presented and read. Coun- cilman Pregler moved that the annexa- tion he granted. Seconded hy Coun- cilman Wertzhcrger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. RESOLUTION ANNEXING CERTAIN TERRITORY NO. 323-77 WHEREAS, the owners of an area approximately 11.14 acres in size im- mediately adjoining the northerly city limits of the City of Dubuque, Iowa now voluntarily petition the City Council for annexation of their property to the City of Duhnque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to secure the henefits of city government in the way of police and fire protection if said ter- ritory is incorporated within the city limits of the City of Dubuque, Iowa: and WHEREAS, the inhabitants of said territory will he enabled to seeure wa- ter, and other municipal services if ter- ritory is incorporated within the city limits of the City of Dubnque, Iowa: and WHEREAS, Section 368.00 Code of Iowa, 1977, authorizes the extension of city limits in situations of this character by the adoption of a resolution there- fore; and WHEREAS, the future growth, de- velopment, and preservation of the puhlic health of the City of Dubuque, Iowa, makes it imperative that said ter- ritory be made a part of the City of Dubuque, Iowa; and NOW, therefore he it resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area ready in question. Seconded hy Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays~None. At 9:50 P.M. Mayor Stackis moved to recess. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert"herger. Nays-None. COUNCIL RECONVENED IN REG- UJ,AR SESSION AT 10:09 P.M. Proof of Puhlication, certified to by the Puhlisher, of Notice to Contractors for constrection of Main Street Light- ing from First Street to Fourth Street, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert"berger. Nays-None. 436 Special S~ssion, August 15, 1977 Sp~cial S~ssion, August 15, 1977 437 eomprising the following described real estate: LOT 2 of the Northeast 'I, of the Southeast 'I, of Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian in Duhuque Township, Dubuque County, Iowa according to the recorded plat thereof: The property to he annexed is as shown on the plat marked Exhihit "A" attached hereto, and by this reference made a part hereof, the houndaries of said area heing outlined in red thereon, The territory herehy annexed shall become and be part of the Fourth Vot- ing Precinct of the City of Dubuque, Iowa. Passed, adopted, and approved this 15th day of August, 1977. Emil Staekis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded hy Coun- eilman Wert"herger. Carried hy the following vote: Yeas-Mayor Staekis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-None. A RESOLUTION declaring a moratorium on the disposal of City own- ed real estate not presently committed for industrial use or location until such time as Freeway 561 location demands hecome more crystalli"ed, presented and read. Couneilman Tully moved that the resolution be tahled. Seconded hy Coun- eilman Brady. VOTE ON THE MO- TION WAS AS FOI,LOWS: Yeas-Councilmen Tully, Brady. Nays-Mayor Stackis, Councilmen Pregler, Wertzherger. MOTION FAILED. Councilman Wertzberger moved that the City Manager he instructed to not enter into any negotiations and not enter into sale of Industriai Property until such time Council establishes a policy with reference to Freeway. Se- conded by Mayor Stackis. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Pregler, Tnlly, Wert"herger. Nays-Councilman Brady. Councilman Brady moved to abandon negotiations with Thermo King and ter- minate negotiations with property al- WHEREAS, said sealed proposals were opened and read on August 9, 1977, and it has been determined that the hid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque, Iowa in the amount of $45,650.20 was the lowest hid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving Company, Division of Dubuque Stone Products and the Manager be and he is herehy directed to execute a contract on behalf of the City of Duhuque for the complete performance of said work. BE IT FURTHER R~;SOLVED, 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 hid deposits of the unsuccessful bidders. Passed and adopted this 15th day of August, 1977 August 9, 1977 To the Honorahle Mayor and City Council Pursuant to your instructious sealed proposals were reeeived until 10:00 a.m. on August 9, 1977, for the Main Street Lighting Project from 1st to 4th Street. The lowest bid was suhmitted by Tri- State Paving, Division of Dubuque Stone Products Company of Dubuque, Iowa. Their bid was $45,650.20 which is 1.7% under the estimate. 1 reeommend that the contract he awarded to 'fri-State Paving, Division of Duhuque Stone Products Company. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication he received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert"berger. Nays-None. Tim Duggan addressed the Council asking ahout the equipment, indicating he spent considerable amount of money in preparing the bid for the light stand- ards Jim Gore of Crescent Electric spoke relative to the project, evidently. he was the low bidder for the standards as handled hy the Engineering Depart- ment. Emil Stackis Mayor Thomas A. Tully Jr. Ri<:hard Wertzherger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolntion. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, 'fully, Wertzberger. Nays-Councilman Pregler. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construc- tion of 20th Street Traffic Signals from Central to Elm Street, presented and read. Councilman Wert"berger moved that the proof of publication he received and filed. Seconded by Councilman Pregler. Carried hy the following vote: Yeas~Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert"herger. Nays-None. Communication of Earl J. Bock ob- jecting to installation of traffic signals at 20th & Elm Street, presented and read. Earl Bock addressed the Council as heing against traffic signals, especially in the area proposed at the five points on Rhomberg Ave. Councilman Wertzberger moved that the commnnication be received and fil- (Awarding Contract) RESOLUTION NO.324.77 WHEREAS, sealed proposals have heen submitted by contractors for the Main Street Lighting from First Street to Fourth Street pursuant to Resolu- tion No. 282-77 and notice to bidders published in a newspaper published in said City on July 28, 1977; and ed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Necessity of Improvement) RESOLUTION NO. 313.77 WHEREAS, proposed plans, spec- ifications, form of contract have heen duly prepared and approved by the Ci- ty Council of the City of Duhuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the eost of the pro- posed improvement for the 20th Street Traffic Signals from Central Avenue to Elm Street. BE IT THEREFORE RESOLVED that the City Couneil on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the here- inmentioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Cierk ob- jections to the proposed improvement, 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 heen 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 he paid from the Road Use Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 1st day of Angust,1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 15th day of August, 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 movcd fi- nal adoption of thc Resolution. Second- ed by Councilmao Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger, Nays-None. 438 Special Session, August 15,1977 Special Ses_sion, August 15, 1977 439 Decision of Council upon oblectlons to plans, specifications form of contract and cost of improvements RESOLUTION NO.325.77 WHEREAS, proposed plans and specifieations and form of contract for the 20th Street Traffic Signals from Central Avenue to Elm Street have heen approved hy the City Council of the City of Dubuque nnd public notice given as provided by Chapter 384 of the Code of Iowa, 1977 pertaining to public contraets and honds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time heing this 15th day of August, 1977: and WHEREAS, the City Council met in special session this 15th day of Angust, 1977, at 7:30 o'clock P.M. at the Conncil Chamhers in the City Hall for the pur- pose of hearing all interested pnrties and considering any and all ohjections which have heen filed to the proposed plans, specifications or contract for or eost of the improvement herein deserih- ed and proposed to he made; and WHEREAS, all interested parties have been given an opportnnity to he heard and all objections which have heen duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- eil of the City of Dubuque, that all oh- jections which have heen made and fil- ed to the pians, specifications, contract for or cost of said improvement herein descrihed and proposed to be made, he and the same herehy overrnled and such plans, speeifications and form of contract heretofore approved are herehy adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have hcen filed to the plans, specifica- tions and form of cost said improve- ment he made a matter of permanent reeord in connection with said improve- ment. Passed adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzherger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommeit City Clerk Councilman Wert"hergcr moved adoption of the Resolution. Seconded hy Couneilman Pregler. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Ordering Construction) RESOLUTION NO. 326.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA that pursuant to a Resolution of Necessity No. 313-77 which was duly passed by this Council for the 20th Street Traffic Signals from Central Avenue to Elm Street. Be and the same is hereby ordered constructed hy this Council upon its own motion and with or without the petition of property owners. All work shall be constructed in ac- eordance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improve- ment be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution heing deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption hy the City Council. Passed, adopted"and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wert"berger James E. Brady Walter A. Pregler Councilmen Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-None. Statement of City Clerk certifying that notiees of hearing were mailed by certified mail on July 26, 1977 to pro- perty owners of record subject to pay for cost of paving Sunset Ridge Drive, presented and read. Councilman Wertz- herger moved that the statement he received and filed. Seconded hy Coun- eilman Pregler. Carried hy the follow- ing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-None. (Necessily for Improvement) RESOLUTION NO. 286.77 WHEREAS, proposed plans, specifi- cations, form of contract, plat and sche- dule have heen duly prepared and ap- proved hy 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 followiog: I. 'rhe assessment limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to he assessed together with a valutation fixed by the Council. 5. An estimate of the eost of the proposed improvement, stating the same for each different type of eon- struction and kind of materiai to be used. 6. In each ease the amoùnt thereof which is estimated to he assessed against each lot, for the Sunset Ridge Drive Asphalt Paving from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the southerly end of the street. BE IT THEREFORE RESOLVED that the City of its own motion or upon petition of property owners, deems it advisable and necessary for the publie welfare to make the herein mentioned improvement, and unless property own- ers at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objeetions thereof. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been prepared therefore hy the City Engineer which have hecn approved by the City Council and are now on file with the City Cierk. That the cost and expenses 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 exced the amount provided hy law, property will ATTEST: Leo F. Frommelt City Clerk Councilman Wertzherger moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wert"berger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for construc- tion of Sunset Ridge Drive Asphalt Paving from N.P.L. of Lot 2-1 in Min- erai Lot 132 to southerly end of street, presented and read. No written ohjections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger mov- ed that the proof of publication be received and filed. Seconded hy Coun- cilman Pregler. Carried hy the follow- ing vote: he assessed whether the same abuts thereon or is adjaeent thereto accord- ing to area and in proportion to the spe- cial benefits conferred thereby. Street improvement bonds shall he issued and sold in anticipation of deferred pay- ments of assessments when a eontract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portiou of any street or assessment district shall be assessed to and paid hy the railway com- pany. The ahove resolution was introduced, approved and ordered plaeed on file with the City Clerk this 18th day of July, 1977. RECORD OF FINALADOPTION The foregoing resolution was finally passed and adopted as proposed hy the City Couneil this 15th day of August, 1977. EmiiStackis Mayor ThomnsA.TullyJr. Richard Wertzherger JamesE.Brady Walter A. Pregler Councilmen ATTEST: Leo I'. Frommelt City Clerk Councilman Wertzherger moved fi- nal adoption of the Resolntion. Second- ed hy Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzborger. Nays-none. Decision of Council upon oblecfions to plans, specifications, form of con- tract and cost of improvements. RESOLUTION NO. 327-77 WHEREAS, proposed plans and spe- cifications and form of contraet for the Asphalt Paving on Sunset Ridge Drive from the N.P.L. of Lot 2-1 Mineral Lot 132 to the southerly end of the street have been approved hy the City Council . of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 15th day of August, 1977: aod WHEREAS, the City COuncil met in special session this 15th Day of August, 1977, at 7:30 P.M. at the Council Cham- bers in City Hall for the purpose of hearing all interested parties and consi- dering any and all ohjeetions whieh have been filed to the proposed plans, specifi- cations or contraet for or eost of the 440 sahlc distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred. Payment will be made to the contractor out of funds realized from the sale of bonds to he issued in anticipation of deferred payments of assessments as provided hy law after the work has been complet- ed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk he and he is herehy orde- red and directed to advertise for propo- sals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be compieted on or before 30 days after notice to proceed has been issued. BE IT f'URTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and efl'ect from and alter its pas- sage and adoption by the City Council. Passed, adopted, and approved this 15th day of August, 1977. I,mil Stackis Mayor ThomasA. TullyJr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Special Session, August 15,1977 Special Session, August 15,1977 441 improvement herein described and pro- posed to be made: and WHEREAS, all intereste,d parties have hccn given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOINED by the City Coun- cil of the City of Dubuque, that all oh- jections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved and hecebyadopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all ohjeetions which have been filed to the plans, specifica- tions and form of cost said improve- ment be made a matter of permanent record in connection with said impcove- ment. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard W crtzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pcegler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. (Ordering Construction) RESOLUTION NO. 328-77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of Necessity Nu. 286-77 which was duly passed by this Council, for the Asphalt Paving on Bunset Ridge Dr¡ve from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the southerly end of the street be and the same ar~ herehy ordered and cons- tructed 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 specificatiorisherètolore adopted and now on file iu the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provements he paid for hy levying spe- ciai assessments against the privately owned property lying within the asses- I am of the opinion that there would be no legal ohjection to the City Council of the City of Dubuque, Iowa adopting the attached resolution. R.N. Russo City Attoruey Couneilman Pregler moved that the communication he received and filed. Seconded hy Councilman Brady. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzherger. Nays-none. RESOLUTION NO. 329.77 WHEREAS, on Decemher 6, 1971, a tax sale was publicly held and Robert N. Defendi and M. Regina Defendi re- eeived a tax deed dated January 22, 1973, from the Treasnrer, Duhuque County, Iowa, for real estate hereinaf- ter descrihed; and WHEREAS, the City of Dubuque, Io- wa has no further interest in said pro- perty hy reason of the fact that the un- paid taxes for the years 1968, 1969 and 1970 have heen paid hy the purchaser in the sum of $255.82 which included an un- paid, taxes for said years, including peualty and interest plus $1.50 for the eertificate fee; NOW THERE BE IT RESOLVED BY THE CITY COUNCIL OF THE CI- TYOFDUBUQUE,IOWA: Section 1. That the City of Quhuque, Iowa does herehy waive any and an rights the City may have in connection with the following descrihed real estate: The Easterly 123 feet of Lots 17 and 18 of Jaeger's Suhdivision in the City of Duhuque, Iowa, accord- ing to the reeorded plat thereof. to Robert N. Defendi and M. Regina Defendi Section 2. That the City Clerk he and is herehy directed to cause this res- olution to be reeorded in the office of the Dubuque Connty Recorder in and for Dubuque County, Iowa at the ex, pense of the petitioners, Robett N, De- fendi and M, Regina Dcfendi. adoptd, ;".d app""cd ,I", "", 1~77. Emil Stacki', Mayor Thom"A, Yens-Mayor Stackis, Councilmen Brady, Pregler, Tnny, Wertzherger. Nays-none. Proof of Puhlication, certified to by the Publisher, of Notice of Publie Hear- ings to provide $60,000 amending Block Grant Agreement, for relocation of water and sanitary sewer mains in Ur- han Renewal Area, presented and read. Councilman Pregler moved that the proof of publication he received and filed. Seeonded hy Councilman Wertz- berger. Carried by the fonowing vote: Yeas-Mayor Stackis, Conncilmen Brady, Pregler, Tuny, Wertzberger. Nays-none. RESOLUTION NO. 330.77 AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENT- AL REVIEW FINDINGS FOR CER- TAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PRO- JECTS WHEREAS, the City of Dubuque under date of May 10, 1977 entered into Grant Agreement B-77-MC.19-0004 with the U.S. Department of Housing and Urban Development providing for financial assistance to the City nnder Title I of the Housing and Community Act of 1974: and WHEREAS, pursuant to the rules and regulations as promulgated hy the U.S. Department of Housing and Urhan Development, environmental reviews have heen processed for the project hereinafter to he deserihed to he finaneed with Community Development Block Grant Funds: nnd WHEREAS, an ad hoc Environment- al Review Committee has after due con- sideration made a determination that the project is not a major Federal ac- tion significantly affecting the quality of the human environment: now there- fore BE IT RESOLVED BY TUF. CITY COUNCIL OF THE CITY OF D¡TBI'- QUE, IOWA, Seclion 1. That the Clerk be andoei, aoddi""", cd to publi,o a olFindingnlr;o Elkel 00 tfH' Bo,ironl'n<'nt identified pro ¡eel, :;nd lor the 10 make the Reeonl for the' said asadahl,' I",' .]i, it!'Spection, ""'"e sh;dl b¡, the form of Exhibit "A" :<ltar'hed hereto and made a part he"cof Relocation of Sanitary Sewer Lines and Water Mains in Urhan Renew- al Land Area. Section 2. That the City of Dubuque herehy declares its intent to adopt a resolution at its regular Conncil meet- ing of August 15, 1977, amending the use of Community Development Block ATTEST: Leo F. Frommelt City Clerk Councilman Wertz bergeI' moved adoption of the Resolution. Seconded by Councilman Pregler. Carried hy the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertz bergeI'. Nays-none. . August8,1977 Honorable Mayor And City Council Mr. David L. Clemens of Reynolds, Kenline, Breitbach, McCarthy, Clemo", & McKay, Attorneys at Law, has writ- ten me advising thnt he represents the purchasers of tax sale in December of 1971, said prop...ty being described as foilows: The Eastedy 123 feet of Lots 17 and 18 nf ,Jaegds :iubdivismn in the City of Dubuque, Iowa, aceon!- inK to the recorded plat thereof. for the amount of $25&.82, which was for the unpaid taxes for the years 1968, 1969 and 1970. Apparently, notice of service of rights of redemption was never served on the City: and in order to clear said title, it is necessary that the City waive any rights in connection with the sale of said lots in Jaeger's suhdivision. Jamed;, Ready Wall",. A, Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Pregier moved adoption of the Resolution. Seconded hy Council man Wertzherger. Carried by the follow- ingvote: 440 sable distance from the improvements, whether such property ahut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits confecced. Payment will be made to the cootractor out of funds realized from the sale of honds to be issued in anticipation of deferred payments of assessments as provided hy law after the work has been complet- ed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk he and he is herehy orde- red and directed to advertise for propo- sals for the ronstruction of the various improvements herein provided for in the manner provided by law, the said improvemcnts shall be completed on or before 30 days after notice to proceed has been issued. In; IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its pas- sage and adoption by the City Council. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully ,Jr. Richard Wertzberger ,JamesE.Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Prcgler moved adoption of the Resolution. Seconded by Council man Wertzberger. Carried by the follow- ingvote: Special Session, August 15, 1977 Special Session, August 15,1977 441 improvemcnt herein descrihed and pro- posed to be made: and WHEREAS, all intereste,d parties have been given an opportunity to be heard and all objections which have been duly weighed and considered: now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all oh- jections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to he made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved and hereby adopted. BE IT FURTHEH HESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improve- ment be made a matter of permanent record in connection with said improve- ment. Passed, adopted, and approved this 15th day of August, 1977. ¡;milStackis Mayor Thomas A. Tully J,.. Hichard Wertzbcrger James E. Brady WalterA.Pregler Councilmen ATTEST: LeoF. Frommelt City Clerk Councilman Wertzherger moved adoption of the Resolution. Seconded hy Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stuckis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. (Ordering Construction) RESOLUTION NO. 328.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of Necessity No. 286-77 which was duly passed hy this Council, for the Asphalt Paving on Sunset Ridge Drive from the N.P.L. of Lot 2-1 in Mineral Lot 132 to the southerly end of the street he and thc same arc herehy ordered and cons- tructed 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 the cost and expense of the said im- provements be paid for by levying spe- cial assessments against the privately owned property lying within the asses- ATTEST: Leo F. Frommelt City Clerk Councilman Wertzhergcr moved adoption of the Resolution. Seconded hy Couneilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. I am of the opinion that there would be no legal ohjection to the City Council of the City of Dubuque, Iowa adopting the attached resolution. R.N.Russo City Attorney Councilman Pregler moved that the communieation he received and filed. Seconded hy Councilman Brady. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 329.77 WHEREAS, on December 6, 1971, a tax sale was pnhlicly held and Robert N. Defendi and M. Regina Defendi re- ceived a tax deed dated Jnnuary 22, 1973, from the Treasurer, Dubuque County, Iowa, for real estate hereinaf- ter descrihed; and WHEREAS, the City of Duhuque, Io- wa has no further interest in said pro- perty by reason of the fact that the un- paid taxes for the years 1968, 1969 and 1970 have heen paid by the pnrchaser in the sum of $255.82 which included all nn- paid. taxes for said years, including penalty and interest plus $1.50 for the certificate fee; NOW THERE BE ITRESOCVED BY THE CITY COUNCIL OF THE CI- TYOFDUBUQUE,lOWA: Section 1. That the City ofI\uhuque, Iowa does herehy waive any and all rights the City may have in connection with the following descrihed real estate: The Easterly 123 feet of Lots 17 and 18 of Jaeger's Suhdivision in the City of Dubuque, Iowa, aeeord- ing to the recorded plat thereof. to Rohert N. Defendi and M. Regina Defendi Section 2. That the City Clerk be and is hereby direeted to eause this res- olution to he recorded in the office of the Duhuque County Recorder in and for Dubuque County, Iowa at the ex- pense of the petitioners, Robert N. De- fendi and M. Regina Defendi. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor ThomasA. Tully Jr. Riehard Wertzherger JamesE.Brady Waiter A. Pregler Councilmen August8,1977 Honorahle Mayor And City Council Mr. David L. Clemens of Reynolds, Kenline, Breitbach, McCarthy, Clemens & McKay, Attorneys at Law, has writ- ten me advising that he represents the purchasers of tax sale in December of 1971, said property being descrihed as follows: The Easterly 123 feet of I,ots 17 and 18 of Jaeger's Suhdivision in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. for the amount of $255.82, which was for the nnpaid taxes for the years 1968, 1969 and 1970. Appárently, notice of service of rights of redemption was never served on the City; and in order to clear said title, it is necessary that the City waive any rights in connection with the sale of said lots in Jaeger's subdivision. Yeas-Mayor Staekis, Councilmen Brody, Pregier, Tully, Wertzberger. Nays-none. Proof of Puhlication, eertified to by the Puhlisher, of Notice of Public Hear- ings to provide $60,000 amending Block Grant Agreement, for relocation of water and sanitary sewer mains in Ur- ban Renewai Area, presented and read. Councilman Pregler moved that the proof of publication he received and filed. Seconded hy Couneilman Wertz- herger. Carried hythe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none, RESOLUTION NO. 330-77 AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENT. AL REVIEW FINDINGS FOR CER- TAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PRO- JECTS WHEREAS, the City of Duhuque under date of May 10, 1977 entered into Grant Agreement B-77-MC-19-0004 with the U.S. Department of Housing and Urhan Development providing for financial assistance to the City under Title I of the Housing and Community Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Honsing and Urban Development, environmental reviews have heen processed for the project hereinafter to he descrihed to be financed with Community Development Biock Grant Funds; and WHEREAS, an ad hoc Environment- al Review Committee has after due con- sideration made a determination that the project is not a major Federal ae- tion significantiy affecting the quality of the human environment; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOW A: Section 1. That the City Clerk he and he is hereby authorized and direct- ed to puhlish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for the said project available for puhlic inspection. Sueh notice shall be in the form of Exhihit "A" attached hereto and made a part hereof. Relocation of Sanitary Sewer Lines and Water Mains in Urban Renew- al Land Area. Section 2. That the City of Duhuque hereby declares its intent to adopt a resolution at its regular Council meet- ing of August 15, 1977, amending the use of Community Development Block 442 Special Session, August 15, 1977 Grant funds in Grant Agreement B-77- MC-19-0004 dated May 10, 1977 as au- thorized under Title 1 of the Housing and Community Development Act of 1974 to undertake the projeet. Passed, adopted, and approved this 15th dayof August, 1977. Emil Stackis Mayor Thomas A.Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Couneilmen ATTEST: LeoF.Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seeonded hy Couneil man Wertzberger. Carried hy the follow- ingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-noue. RESOLUTION NO. 331.77 A RESOLUTION DIRECTING THE TRANSFER OF COMMU. NITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE UR. BAN RENEWAL PROJECT IOWA R-15 LAND PURCHASE PRO. JECT TO THE RELOCATION OF SANITARY SEWER LINES AND WATER MAINS PROJECT. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That an amount not to ex- eeed Sixty-Thousand Dollars ($60,000.001 shall he transferred from the Urban Re- newal Project, Iowa-15 Fund Purchase Project to the Relocation of Sanitary Sewer Lines and Water Mains Project. Section 2. That the foregoing trans- fer uf funds has heretofore heen approv- ed by the Community Developmeot Com- mission. Passed, adopted, and approved this 15th day of August, 1977. EmiiStackis Mayor Thomas A. Tully Jr. Riehard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilmao Pregler moved adoption of the Resolution. Seconded by Council- mau Wcrtzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition for Voluntary Annexation by Joseph I'. & Ruth M. Siegert as owners Contract Sellers and Edward Tschiggfrie Owner Contract Purchaser located in Section 20, Township 89 North, Range 2 East of the 5th P.M., containing approx. 75.018 acres, present- ed and read. Councilman Tully moved that the annexation he approved. Sec- onded by Councilman Wertzherger. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 332.77 WHEREAS, the owners of an area approximately 75.018 acres In size lying north of Pennsylvania Avenue (Middle Road) and immediately west of and adjacent to the existing city limits of the City of Dubuque, Iowa, now voluntarily petition the City Council for annexation of their prop- erty to the City of Dubuque,lowa; and WH~REAS, inhahitants and future inhabitants of said territory will be en. abled to secure the benefits of city government in the way of police and lire protection, utilities, and other municipal services if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368 of the Code of Iowa authorizes the extension of city limits In situations of this charac. ter by Ihe adoption of a resolution; and WHEREAS, the future growth and development of the City of Dubuque, Iowa, make it desirable that said terri. tory be made a part of the City of Du. buque, Iowa. NOW, THEREFORE, IT BE RESOLV- ED BY THE City Council of the City of Dubuque, Iowa; Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate, to-wit: Lot I of the Sontheast 114 of the Southeast 114, and Lot 2 of the Northeast 114 of the Southeast 114, all in Section 20, Township 89 North, Range 2 East of the 5th P.M. in Dubuque Township, Dubu- que County, Iowa, according the the United States Government sur- vey thereof and the recorded plats thereof. The property to be annexed is as shown on the map attached hereto with the boundaries of said area being outlined in red. Section 2. That the territory hereby annexed shall hecome a part of the Special Session, August 15, 1977 443 \ \~\ twentieth Voting Precinct to the City of Duhuque, Iowa. Passed, adopted, and approved this 15th day of August, 1977. EmiiStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Couneilman Wertzhcrger. Carried by the follow- ingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. August9,1977 Honorable Mayor and City Council The Economic Development Admin- istration has approved for financing the following local public works in projects in the amounts requested. 17thStreetStormSewcr $505,267 ExpansiunofCityGarage $261,004 Greenhouse - Potting House $203,340 We would request the adoption of the attached resolutions which authorize the Mayor tu execute the necessary grant agreements. > GilhertD.Chavenelle City Manager Councilman Wertzberger moved that the communication he received and filed. Seconded hy Mayor Stackis. Car- ried by the following vote: Ycas-Maynr Stackis, Councilmen Brady, Pregler, Tully, Wcrtzberger. Nays-none. RESOLUTION No. 333-77 AuthorizIng the Execution of a Grant Agreement with the Econo. mic Development Administration for the 17th Street Storm Sewer. WHEREAS, pnrsuant to the provi- sions of the I,ocal Public Works CapiLal Development and Investment Aetof1976 as amended hy thePuhiie Works Employ- mcnt Act of 1977, the Economic Develop- ment Administration has approved an ap- plication filed hy the City of Duhuque to provide financial assistance to construct the 17th Street Storm Sewer. NOW THEREFORE, BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: Section 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exeeed $505,267 with the Economic Development Admin- istration for EDA Project No. 05-51- 20192-17th Street Storm Sewer. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Richard Wertzherger 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, Wertzherger. Nays-none. Ahstain-Councilman Tully. RESOLUTION NO. 334.77 Authorizing the Execution of a Grant Agreement with the Econo- mic Development Administration for the Expansion of City Garage. WHEREAS, pursuant to the provi- sions of the Local Puhlic Works Capital Development and Investment Act of 1976 as amended by the Puhlic Works Employment Act of 1977, the Economic Development Administration has approv- ed an application filed hy the City of Dubuque to provide financial assistance for the expansion of City Garage. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: Section 1. That the Mayor is herehy authorized and directed to execute a Grant Agreement not to exceed $261,004 with the Economic Development Admin- istration for EDA Project No. 05-51- 20189 Expansion of City Garage. Passed. adopted. and approved tbis 15th day of August, 1977. Emil Stackis Mayor Riehard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seeonded by Mayor Stackis. Carried by the following vote: Yeas-Mayor S~'ckis, Councilmen Brady, Pregler, Wertzherger. Nays-none. Ahstain-Councilman Tully, Special Session, August 15, 1977 RESOLUTION NO. 335.77 Councilman Pregler moved adoption Authorizing the Execution of a of the Resolution. Seconded hy Council- Grant-Agreement with the Econo- man Brady. Carried hy the following mlc Development Administration vote: for the Greenhouse - Potting Yeas-Mayor Stackis, Councilmen Brady, House Pregler, Tully, Wertzherger. WHEREAS, pnrsuant to the provi- Nays-nonc. sions of the Local Public Works Capital RESOLUTION NO. 337-77 Development and Investment Act of WHEREAS, applications for Beer 1976 as amended hy the Puhlic Works Permits have heen suhmitted to this Employment Act of 1977, the Economic Council for approval and the same have Development Administration has approv- been examined; ed an application filed by the City of NOW THEREFORE BE IT RESOL- Duhuque to provide financial assistance VED by the City Council of the City of to construct the Greenhouse - Potting Duhuque, Iowa, that the following appli- House. cations he granted and permits issued NOW THEREFORE, BE ITRESOLV-upon the compliance with the terms of ED BY THE CITY COUNCIL OF THE the Ordinances of the City. CITY OF DUBUQUE, row A: CLASS "C" BEER PERMIT Section 1. That the Mayor is hereby VirginiaAnnBaker,(SundaySalesonly), authorized and directed to execute a 3345 Hillcrest Road Grant Agreement not to exceed $203,340 Cremer Grocery Company, (Sunday with the Economic Development Admin- Sales only), 731 Rhomherg Ave. istration for EDA Project No. 05-51- Grandview Drug Inc" (Sunday Sale s 20190-Greenhouse - Potting House. only),486 N. Grandview Ave. Passed, adopted, and approved this Great Atlantic & Paeific Tea Co., Inc" 15th day of August, 1977. (Sunday Sales only) 3333 Asbury Road Emil Stackis LaVern Nicholas Hennen, (Sunday Mayor Sales only), 3300 Ashury Road Richard Wertzherger Thomas E. Kessler, (Sunday Sales only), Walter A. Pregler 1993 Ashury Road Councilmen Kopple's Market Inc., (Sunday Sales only), 1098 University Ave. Leonard Oil Company, (Sunday Sales only), 1387 Dodge St. Beverly R. Miller, (Sunday Sales only), 260 Southern Ave. Kay J. Nemmers, (Sunday Sales only), 250 West 1st St. Palmer Drug Store, (Sunday Sales only), 2600 Dodge St. Walgreen Co., (Sunday Sales only), 555 John F. Kennedy Road Earl John Tegeler, (Sunday Sales only), 2311 Winds1>rAve. Earl John Tegeler, (Sunday Sales only), 620 South Grandview Ave. Earl John Tegeler, (Sunday Sales only), 2850 Burlington St. Will Co" Inc" (Sunday Sales only), 805 West 5th St. Grovos-Kelco, Inc. (Sunday Sales only), 1920 Elm St. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Riehard Wertzberger James E. Brady Walter A. Pregler Councilmen 444 ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded hy Mayor Stackis. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Wertzberger. Nays-Conncilman Brady. Ahstain-Councilman Tully, RESOLUTION NO. 336-77 BE IT RESOLVEDhy the City Coun- cil of the City ofDuhuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Duhuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. David O. Leach, 380 East 20th Street Milton J. Marty, 5th and Locust Street Stephen Noonan, 1298 Main Street Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Conncilman Pregler moved adoption of the resolution. Seconded hy Council- Special Session, August 15,1977 445 ( \~J' man Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 388.77 WHEREAS, applications for Beer Permits were filed hy the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to he occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper honds; NOW THEREFORE BE IT RESOLV- ED by the City Council of the City of Dubuque, Iowa, that the Manager be au- thorized to cause to he issued to the following named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Virginia Ann Baker, (Sunday Sales only), 3345 Hillcrest Road Cremer Grocery Company, (Sunday Sales only), 731 Rhomberg Ave. Graudview Drug Inc., (Sunday Sale s only),486 N. Grandview Ave. Great Atlantic & Pacifie Tea Co" Inc., (Sunday Sales only) 3333 Asbury Road LaVern Nicholas Hennen, (Sunday Sales only), 3300 Asbury Road Thomas E. Kessler, (Sunday Sales only), 1993 Ashury Road Kopple's Market Inc" (Sunday Sales onlyl, 1098 University Ave. Leonard Oil Company, (Sunday Sales only), 1387 Dodge St. Beverly R. Miller, (Sunday Sales only), 260 Southern Ave. Kay J. Nemmers, (Sunday Sales only), 250 West 1st St. Palmer Drug Store, (Sunday Sales only), 2600 Dodge St. Walgreen Co., (Sunday Sales only), 555 John F. Kennedy Road Earl Jnhn Tegeler, (Sunday Sales only), 2311 Windsor Ave. Earl John Tegeler, (Sunday Sales only), 620 South Grandview Ave. Earl John Tegeler, (Sunday Sales only), 2850 Burlington St. Will Co., Inc., (Snnday Sales only), 805 West 5th St. Groves-Keleo, Inc. (Sunday Sales only), 1920 Elm St. Passed, adopted, and approved this 15th day of August, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded hy Council- man Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzherger. Nays-none. RESOLUTION NO. 339-77 WHEREAS, applications for Liquor ¡'¡censes have heen submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RESOIN- ED hy the City Council of the City of Duhuque, Iowa, that the following ap- plications be approved and liccnscs issued upon the compliance with the provisions nf Chapter 131, Acts of the l"irst Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Amvets Post #3,36 West 4th St. ,James R. Bainbridge, 1375 Locust St. Imperial I,ones (Also Sunday Salesl, 3505 Stoneman Road Roger R. Piekcnbrock & Huth A. Ox- berger, 504 Bluff St. Melvin A. Spiegelhalter (Sunday Sales Onlv), 1029'/, Main St. Pas:,ed, adopted, aod approved this 15th day of August, 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 Couneil- man Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmeo Brady, Pregler, Tully, Wertzherger. Nays-None. RESOLUTION NO. 340.77 WHEREAS, applications for Liquor Licenses were filed hy the within named applicants and they have receiv- ed the appwval of this Council; and WHEREAS, the pnmises to be occu- pied hy such applicants were inspeded and found to comply with the State Law and all City Ordinances relevant there- to and they have filed proper bonds: NOW TIŒIŒFORE BE IT RESOLV- IèD by the City Council of Duhuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liqoor License. Special Sessiou, August 15,1977 CLASS "C" (COMMERCIAL) Yeas-Mayor Stackis, Councilmen BEER AND LIQUOR LICENSES Brady, Pregler, Tully, Wertzbergec. Amvets Post #3, 36 West 4th St, Nays-None. ,lames It. Bainhridge, ta75 Locust HI. There heing no fnrther business, Imperial Lanes (Alsn Sunday Sales), Mayor Stackis moved to adjourn. Se- 3505 Stoneman Hoad conded by Councilman Wertzberger. Hoger H. Piekenbrock & Ruth A. Ox- Carried by the following vote: berger, 504 Bluff St. Yeas-Mayor Stackis, Councilmeu Melvin A. Spiegelhalter (Sunday Sales Brady, Pregler, TuBy, Wertzberger. Only), 1029';' Main Street Nays-None. Pnssed, adopted, and approved this Leo F. Frommelt 15th day oj' August, 1977. City Clerk Emil Stackis Mayor Thom'as A. Tully Jr. ¡¡¡rhard Wertzherger ,James K Brady Walter A.Pregler Councilmen 446 Approved. .1978 Adopted. .1978 ATTEST: Leo I". Frommelt City Clerk Councilman Pregler moved adoption of the Hesolution. Seconded by Council- man Brady. Carried by the foBowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, TuBy, Wertzberger. Nays-None. -~----_. .--- Councilmen ATTEST: August9,1977 -~---- Honorable Mavor and City Council . We have in accordance with your in- structions initiated negotiations for the pun:hase of the Trenkle property. We would appreciate an opportunity at the August 15th City Council meeting to discuss the status of these negotia- tions during an Executive Session. Gilhert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seeonded hy Councilman Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, TuBy, Wertzberger. Nays-None. At 11:00 P.M. Councilman Wertzber- ger moved to go into Executive Session for the purpose of discussing Real Es- tate. Secondcd by Councilman Brady. Carried by the foBowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pcegler, TuBy, Wertzberger. Nays-None. City Clerk COUNCIL HECONV~;NED IN R~;GU- I,AR S~;SSION AT 11:14 P.M. Councilman Pregler moved that the City Solicitor be d¡"ected and author- ized to cummence ~;minent Domain Pro- ceedings on Treukle Propcrty. Second- ed by Councilman Brady. Carried by the foBowing vote: Special Session, August 23,1977 447 CITY COUNCIL OFFICIAL Special Session, August 23, 1977 Council met at 7:30 P.M. (C.D.T.) Prese"t - Mayor Stackis, Cou"cil. me" Pregler, Tully, Wertzberger, City Manager Gilbert D. Chavenelle. Absent - Cou"cilma" Brady. Mayor Stackis read the caB and stated that service thereof had been duly made and this meeting is called for the purpose of considering adoption of a resolution Authorizing the Execution ofa Grant A- greement with the Economic Develop- ment Administration for Expansion of Iowa Street Parking Ramp and acting upon such other Business as may pro- perly come hefore a reguiar meeting of the Council. RESOLUTION NO. 341-77 AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE ECONOMIC DEVELOPMENT ADMIN. ISTRATION FOR EXPANSION OF IOWA STREET PARKING RAMP WHEREAS, pursuant to the provis- ions of the Local Puhlic Works Capital Development Administration has ap- proved an application filed by the City of Dubuque to provide financial assistance for expansion of Iowa Street Parking Ramp. NOW THEREFORE, BE IT RESOLV. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectio" 1. That the Mayor is hereby authorized and directed to execute a Grant Agreement not to exceed $553,960 with the Economic Develop- ment Administration for EDA Project No. 05-51-2019B Expansion of Iowa Street Parking Hamp. Passed, adopted, and approved this 23rd day oj' August, 1977. ~;mil Stackis Mayor Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Seconded by Mayor Stackis. Carried by the foBowing vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Wertzberger. Nays-None. Ahstain-Councilman Tully. Absent-Councilman Brady. There being no further husiness Councilman Wertzberger moved to ad- journ. Seconded hy Councilman Pregler. Carried hy the foBowing vote: Yeas-Mayor Stackis, Couneimen Preg- ler, Tully, Wertzberger. Nays-None. Absent-Councilman Brady. Leo F. Frommelt City Clerk Approved. .1978 .1978 Adopted Councilman ATTEST: City Clerk 448 Special Session, August 31, 1977 CITY COUNCIL OFFICIAL Special Session, August 31, 1977. Council met at 4:30 P.M. (C.D.T.) Presenl - Mayor Stackis, Council. men Brady, Pregler, Tully. City Mana. ger Gilbert D. Chavenelle. Ahsent - Councilman Wertzberger. Mayor Stackis read the call and stat- ed that service thereof had been dnly made and this meeting is ealled to CON. SIDER WEST SIDE TRAFFIC MAT- TERS: ALSO TO RECONSIDER H. R. W. ZONING RECLASSIFICATION RE. QUEST AND PLANNING & ZONING'S RECOMMENDATION THEREOF FOR- WARDED FROM THE COUNCIL MEETING OF AUGUST 15, 1977, and acting upon such other business ns may properly come beforc a Regular Meet- ing of thc Council. Petition of Martha Kessler et al 183 signers) ohjecting to the elosing of Key- way because it would destroy flow of traffic to and from their Church, pre- sented and read. Councilman Tully moved that the petition be rceeived and filed. Seconded by Councilman Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Ahsent-Councilman Wertzberger. Petition of Mike Jozefowicz et al (393 signers) ohjecting to the clsoing of Key- way hecause (I) indirect access to Ken- nedy Schook, (2) extended time for fire and emergency vehieles, (3) excessive traffic on smaller side streets and addit- ional traffic on Kennedy Road, present- ed and read. Councilman Tully moved that the petition he received and filed. Seeonded by Councilman Brady. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Ahsent-Councilman Wcrtzberger. Petition of Huhert Wagner et al (290 signers) objeeting to the elosing of Key- way because (I) setting a precedent to allow streets to be elosed, (2) extended time for emergency vehielcs to reach their homes, (3) excessive traffic on smaller side streets, prescnted and read. Councilman Tully moved that the petition be received and filed. Seeonded hy Councilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tnlly. Nays-None. Ahsent-Councilman Wcrtzberger. Petition of ELizabeth Bendt et al (289 signers) requesting blockage of Keyway at Pennsylvania on the south and place a diagonal hlock at Woodland on the north, presented and read. Councilman Tully moved that the petition he receiv- ed and filed. Seconded by Councilman Brady. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Nays-None. Absent-Councilman Wertzberger. Councilman Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded hy Councilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Absent-Councilman Wertzherger. Stephanie Hahlen of 2179 Keyway, representing West End Neighhorhood Association, hcing in favor of hlocking Keyway, spoke to Council requesting to relieve a prohlcm of 3500 ears on Street; Save children lives; Have a test- ing period. Mike Jozefowicz of 1780 Vizaleea voiced ohjectiol\ to elosing of Keyway Drive stating blocking Keyway as sug- gested will not solve prohlem; No one on St. John Drive wants blockage of Keyway: People unanimous against elos- ing street; Propose limit parking on street (alternate parking); reduce speed limit from 25 to 20 mile per hour; Re- questing 4 way and 3 way stop signs at appropriate intersections; Patrol area regularly; Blockading street is not ans- wer to problem. Hugh Wagner of 2023 Key Largo ohjected to elosing of Keywny stating signatures indicate a three-fold numher against elosing of Keyway; Suggsting elosing of back gates to Hempstead High Sehool; Check into pulling traffic lights on Hillcrest and Keyway; realize majority of West End people oppose elosing Keyway. Donna Smith of 1827 Keyway report- ed back in 1975 request for relief barri- cade proposal came from City Planners; Accidents bear out treacherous condi- tions of street; Alternates thrown out hy opposition today have been tried. Staff Report by Kirkwood stated Traffic Committee considered alter- nates to proposals of West End Group; Install a choker-eliminate turning movements north on Keyway - Do not enter signs, Yellow lines, etc.; at Wood- land & Keyway propose full diverter: Fire department would have problems as alternate; Have partial diverter as proposed. Chief O'Brien state Viability System is good to eliminate some of the prob- Special Session, August 31,1977 449 lems; Utilize stop sign procedure; Make traffic on Keyway uncomfortable; In favor of posing hoth solutions to the Council. Councilman Tully moved that the Staff be requested to hegin to experi- ment with partial diverter concept. also to prepare ordinance to test stop sign concept. Seconded hy Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Ahsent-Couneilman Wertzherger. COUNCIL RECESSED AT 5:55 P.M. RECONVENED AT 6:00 P.M. Communication of Planning & Zoning Commission (forward from meeting of August 15, 1977) suhmitting their re- port on the petition of H. R. W. Associa- tes requesting a C-6 Planned Commer- cial Zoning request and recommending that the recommendation he tahled to a specified future date, presented and read. Attorney Bertsch representing H. R. W. Associates stated that the property owner did everything it could to help resolve the rezoning prohlem; C-6 is hest for community and for Developer; Recognize traffic problem. Attorney Bertsch read petition signed by approx. 600 persons caption- ed "The undersigned citizens of the City of Dubuque, Iowa, request the City Council to rezone the property of H. R. W. Associates on J.F.K. Road to permit the construction of a Shopping Center". Councilman Pregler moved that the recommendation of denial hy Planning & Zoning Commission be accepted and that nc puhlic hearing on rezoning be held. Seconded hy Councilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Ahsent-Councilman Wertzberger. Communication of City Manager sub- mitting eapability to finance report for reconstruction of Kennedy Road; Pro- ject Concept Statement; Barton- Aschman Associates Inc. Access recom- mendations for proposed developments at Kennedy Road and Hillcrest, present- ed and read. Councilman Pregler moved that the concept be adopted in theory and Staff be instructed to work up con- cept into contraetural form. Seconded hy Mayor Stack is. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Pregler, Tully. Nays-Councilman Brady. Absent-Councilman Wertzberger. Communieation of Delos A. Dorwei- ler submitting a purchase agreement to Robert M. Bertsch for all property owners (excluding 2105 Kennedy Road) property needed for Kennedy Road widening from Asbury Road to Pen- nsylvania, presented and read. Council- man Tully moved that the communica- tion he received and filed. Seconded hy Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-None. Ahsent-Councilman Wertzherger. There being no further business, Councilman Pregler moved that the meeting he adjourned. Seconded by Councilman Tully. Carried hy the follow- ing vote: Yeas-Mayor Stack is, Councilmen Brady, Pregler, Tully. Nays-None. Absent-Councilman Wertzherger. Leo F. Frommelt City Clerk Approved. .1978 Adopted. .1978 Councilman ATTEST: City Clerk \\.\'