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1976 November Council Proceedings Regular Session, November 1, 1976 531 CITY COUNCIL OFFICIAL Regular Se8slon, November 1, 1976. Council Met at 7:30 o'clock P.M. (C.S.T.) Present - Councilmen Brady, Stackis, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Absent - Mayor Lundh. Mayor Pro Tem Stackis read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING called for the purpose of acting upon such husiness as may properly come before the meeting. Communication of Advisory Com- mission submitting Citizen's Survey, also submitting recommendations con- cerning annexation, presented and read. Councilman Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. I Absent - Mayor Lundh. Mary Headington of the Advisory Commission .submitted the survey, stating that 1/10th of 1% of the popula- tion was covered: Proposal on Annexa- tion is endorsed by the Citizens Advi- sory Commission. Councilman Wertzbergermoved that the Citizen's Survey Report be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Communication of Citizens Advisory Commission submitting minutes of their meeting of October 26, 1976, also recommendations from Codes & Ordin- ance Committee on drinking in parks, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of October 20, 1976, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Board of Dock Commissioners submitting minutes of .their meeting of October 13, 1976, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Housing Commis- sion submitting minutes of their meet- ing of October 19, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of September 28, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilman Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Communication of Airport Commis- sion submitting minutes of their meet- ing of October 14, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Playground & Recreation Commission submitting minutes of their meeting of October II, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communications of DMATS submit- ting minutes of Citizens Advisory's meeting of October 13, 1976 and Tech- nical Advisory Committee's meeting of October 8, 1976, presented and read. Regular Session, November 1, 1916 533 Regular Session, November 1, 1976 532 dividually and as Chairman of Commit- tee to oppose annexation as sent to City Development Committee, presented and read. Councilman Tully moved that the application be referred to the City Attorney to impose resistance to proper parties. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. October 18, 1976 maintain: Test Tracks for motorcycles, etc.; Alley has never been used. Steve Boge requested access off University Ave.: Small exit to property from back. Councilman Brady moved that the communication of City Man- ager be referred to the City Solicitor and City Manager. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilman Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. October 27,1976 Honorable Mayor and Members of the City Council On Tuesday, October 26th, we' delivered the applications for the six public works projects to the Regional Office of the Economic Development Administration. The Public Works Employment Act of 1976 which authorized the above public works program also contains a Title II - antirecession fiscal assistance to states and local governments. Grants under Title II will be administered by the U.S. Treasury Department somewhat in the same manner as General Revenue Sharing. However, the method of com- puting the distribution formula and the purposes for which the funds may be expended differ. A fact sheet describing the Title II program is enclosed. Title II funds will be automatically distributed quarterly through Sep- tember 1977, and the first payment will be retroactive to July I, 1976. Although no application is made for antirecession funds, the city must execute and submit a Statement of Assurances in order to receive the funds. We propose to ex- ecute this document and submit it to th" Offiœ of Rev"nu" Sharing by the r"quired date. A copy of this statem"nt is attach"d. W" anticipat" b"ing advised some tim" after Nov"mber 12 the amount of funding, if any, that the city will be "ntitled to r"ceive und"r this program. W" shall keep you fully informed as w" r"ceiv" the nec"ssary information. Gilbert D. Chav"n"ll" City Manager Councilman Wertzberger moved that the communication b" r"ceived and fiI"d. S"cond"d by Mayor Pro Tern Stackis. Carri"d by th" following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzb"rger. Nays - Non". Abs"nt - Mayor Lundh. Application for r"h"aring and/or reconsideration relative to annexation petition by Robert H. Budde, in- Asbury indicating concern about the situation that Dubuque and Asbury are having relative to Asbury's Fire Department, presented and read. Mayor Pro Tern Stackis moved that the com- munication be received and filed and referred to the City Manager for report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. October 26,1976 Councilman Tully moved that the min- utes be received and filed. ~econded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilman Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Community Development Commission submitting minutes of their meeting of October 26, 1976, presented and read. Councilman Tully _moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- iowingvote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Committee from U.8.S. Dubuque Bicentennial "Opera- tion Sleigh" Group to advise Council what they would like to accomplish by sending a Christmas Card to each member aboard the U.S.S. Dubuque, presented and read. Sandy Sanderson and Annie Wester- meyer of "Operation Sleigh" addressed the Council relative to the communication. Councilman Brady moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communications of Iowa D.E.Q. sub- mitting water and sewer permits for I Knob Hill, Blocks 6 and 7, presented and read. Councilman Tully moved that the communications be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Herb VanZile submitting published copy of new- spaper article in the Telegraph Herald relative to rowdiness in the parks during the past summer, presented and read. Councilman Tully moved that the com- munication be received and filed and referred to Council. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilman Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Copy of Communication, addressed to the Manager., by Irene Behnke of Honorable Mayor and City Council re: Eric Schneider and Civil Service Commission City of Dubuque, Iowa The City of Dubuque, Iowa was served with Notice of Notice of Appeal to the District Court of Dubuque Coun- ty, Iowa on November 29, 1973 by Eric Schneider appealing from the decision of the Civil Service Commission of the City of Dubuque, Iowa filed November 9, 1973 said appeal being Equity No. 82265 in said Court, and thereafter on January 9, 1975 Petition in said cause was filed by the Appellee. This matter was referred to the City Attorney who interposed appropriate defenses thereto and on October 13, 1976, the appelle filed his Dismissal of said action and court costs were paid by the appellee. This concludes this matter and copy of Notice of Appeal and Petition are returned herewith. R. N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Ntice of Claim of Jeanette Scheuring, in the amount of $10,000., for personal injuries received in a fall on defective sidewalk on the west side of Central Ave. north of 14th Street on September 29, 1976, presented and read. Council- man Tully moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Notice of Claim of Gerald R. O'Shaughnessy, in the amount of $185.. Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Health Department, Water Superinten- dent, as well as a list of claims paid, for the month of September, 1976. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Proof of Publication, œrtified to by the publisher, of Statement of Receipts and Expenditures for month of Sep- tember, 1976, presented and read. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. October 26, 1976 Honorable Mayor and City Council I return to you the petition of Mr. Merwyn Ellis with a recommendation that the petition for vacating the alley be denied. My reasons for the recommendation is that all the property holders abutting the alley have not agreed to the vacation. I have met with Mr. Ellis and ex- plained my recommendation. In order to correct a drainage situation in the alley next to Mr. Eilis's property tbe street department will install a drain conduct- ing the water flow under the sidewalk to the street gutter. Gilbert D. Chavenelle City Manager Ronald & Jeanette Hixon spoke to vacation of the alley; City has failed to 535 Regular Session, November 1,1976 Regular Session, Nobember 1, 1976 534 Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilman Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. ORDINANCE NO. 55-76 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OFTHE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OF IMPOSING A FINE OR PENALTY, IN- CLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE CODE OF IOWA; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDIN- ANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO SEP- TEMBER 15, 1975, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SEC- TIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Pursuant to the Resolution odopted by the City Councii of, the Cit~ of Dubuque, Iowa, on the 18th day of Oc- tober, 1976, the City Cierk was ordered to publish notice that a hearing wouid be held in the City Council Chambers of the City Hall at 7:30P.M., on the 1st day of November, 1976 on the proposai to adopt a Code of Ordinances. Soid notice was duly published in the Telegraph Herald on the 21st day of October, 1976, as required by Section 362.3 of the Code of 10wa. The City Councii then determined that the said proposed Code of Ordin- ances should be adopted in its original form as now filed and did then on the 1st day of Novermber, 1976, adopted Ordin- ance No. 55-76 adopting said Code of Ordinances as provided in Section 366.7. IT IS THEREFORE ORDAINED BY THE CITY COUNCIL of the City 01 Dubuque, Iowa; Section 1: Code 01 Ordinances Adopted. The Proposed Code of Ordin- ances, of the City of Dubuque, 10wa, printed by the Municipal Code Corpora- tion, Tallahassee, Florida, heretofore filed in the office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 38 and including references to cades adopted by refer- Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Brády. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, CouncIlmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on a proposal to adopt a Code or Ordinances, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Mayor Pro Tern Stackis. Carried þy the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. ORDINANCE NO. 55-76 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, lOW A, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, IN- CLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE CODE OF IOWA; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDIN- ANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO SEP- TEMBER 15, 1975, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUTED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SEC- TIONS THEREOF: AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, Meeting of October 4, 1976, presented for final adoption. ORDINANCE NO. 54-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN AS THE "ZONING ORDIN: ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTIES BOUNDED ON THE NORTH BY 13TH STREET ON THE SOUTH BY 12TH STREET, ON tHE WEST BY ELM STREET, AND ON THE EAST BY THE ALLEY LYING BETWEEN ELM STREET AND THE RAILROAD TRACKS, FROM THE H-I HEAVY INDUSTRIAL DISTRICT TO THE L-I LIGHT INDUSTRIAL DISTRICT CLASSIFICATION NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFDUBUQUE,IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, 10wa", be and the same is hereby amended by changing from "H-1 Heavy Industrial District" classification to "L-1 LIght 1ndustrial District" classification the following described real estate, to wit: North * of Lot 197 East Dubuque Ad- dition; South!c\ of Lot 197 EastDubuque Addition; North !c\ of Lot 198 East Dubuque Addition; Lot 2 of the South!c\ of Lot 198 East Dubuque Addition; Lot 2 of the South * of Lot 198 East Dubuque Addition; North ¡¡ of Lot 199 East Dubuque Addition; South ¡¡ of Lot 199 East Dubuque Addition; Lot 1 of Lot 200 East Dubuque Addition; Lot 2 of Lot 200 East Dubuque Addition; North 20 feet of Lot 201 East Dubuque Addition; and the South 31.1 feet of Lot 201 East Dubuque Addition all in the City of Dubuque, 10wa. Section 2. That this amendment has heretofore been approved by the Plan- ning and Zoning Commission of the City of Dubuque,lowa. Passed, approved and adopted this 1st day of November, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen for clothing taken by rubbish pick -up I by mistake at 589 Alta Vista Street on August"28, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Notice of Claim of Mrs. Chris Kurt, in an undetermined amount, for damage to car as the result of driving into paint spilled in the street at 16th & Kerper on October 14, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of hearing to amend the Zoning Ordinance to reclas- sify properties bounded on the north by 13th Street, on the south by 12th Street, on the west by Elm Street, and on the east by alley lying between Elm Street and the R.R. Tracks from H-I to L-I Industrial Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. ORDINANCE NO. 54-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTIES BOUNDED ON THE NORTH BY 13TH STREET, ON THE SOUTH BY 12TH STREET, ON THE WEST BY ELM STREET, AND ON THE EAST BY THE ALLEY LYING BETWEEN ELM STREET AND THE RAILROAD TRACKS, FROM THE H-I HEAVY INDUSTRIAL DISTRICT TO THE L-I LIGHT INDUSTRIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and ,filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of November 1976. Leo F. Frommelt City Clerk 11 11/4 Regular Session, November 1, 1976 537 Regular Session, November 1, 1976 536 tlon of Viola Street lying North of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length and ordering disposal thereof, to Dubuque Community School District presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Councilman Brady moved that a public hearing be held on the Ordinance on November 15, 1976, at 7:30 'o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Second- ed by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Conncilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. October 26, 1976 printed copies of the Code shaH be deposited with the City Cierk. He shall deliver copies of said Code to all deport- ments of the city administration as dir- ected by the Mayor. The City Clerk may sell pinted copies of said Code at the cost established by the City Council. Section 8. General Penalty. The do- ing of any act prohibited or declared to be unlawful or an offense by said Code of Ordinances, or the omission or failure to perform any act or duty required by said Code, shall, unless another penalty is specified, be punishabie by a fine in a sum not exceeding one hundred dollors ($100.00) or imprisonment not to exceed thirty (30) days. The penaity herein provided shall be cumulative with and in addition to the revocation, cancella- tion or forfeiture of any license or per- mit eisewhere in this Code provided for violation thereof Section 9. Repeal. All ordinances or parts of ordinances in confiict herewith are repealed. Section 10. Effective Date. This or- dinance consisting of Sections 1 through 10, inclusive, adopting the proposed Code of Ordinances of the City of Dubuque, 10wa, heretofore filed in the office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 38, and including codes adopted by reference and all subdivisions of the same, the same being designated as the "Code of Ordinances, City of Dubuque, 10wa," is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Dubuque, 10wa," shall be in full force and effect from and after December 3, 1976. Passed, approved and odopted, this 1st day of November, 1976. (SEAL) Emil Stackis Mayor Pro Tem (0) Any zoning ordinance; or amend- ment of the City's zoning map; (p) Ordinances prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signa is, and ordinances prohibiting, restricting, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific oreas; (q) Ordinance No.1-58, reguiating traffic on dock streets; (r) Resolution No. 82,64, creating the County -City authority; (s) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this Code; (t) Any ordinance which, by its own terms expires after a specified time, or on the prescribed date; (u) Any ordinance enacted on or after September 15, 1975. The repeal provided for by Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordin- ance repealed by this ordinance. Ths above enumeration of exceptions shall not be held or deemed to be exclu- sive, it being the purpose and intention of this ordinance to exclude from repeal ony and all ordinances not of a general nature. Section 4. Severability 01 Provisions. Each chapter, any and all subdivisions of said Code hereby adopted, is in- dependent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision ther- eof, shaH '.lot invalidate any other chapter or subdivision thereof. Section 5. Official Copy. The City Clerk shall attach to the official copy of the Code of Ordinances hereby adopted and attached hereto, his official cer- tificate showing such adoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection, and for sale at cost to the public. Section 6. Amendments. Any addi- tions or amendments to this Code when passed as ordinances amending this Code and which indicate the intention of the Council to make the same a port hereof shall be deemed to be incorpor- ated in this Code so that a reference to the Code of Ordinances, City of Dubuque, 10wa, shall be understood to include them. Section 7. Distribution 01 Copies. All ence, a printed copy of which is at- tached hereto and incorporated herein by reference the same as if set out in full herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, 10wa." Section 2. Ordinances Repealed All ordinances of the City of Dubuque, 10wa, of a generoi and permanent na- ture, enacted on or before September 15, 1975, and not contained in said Code or recgnized and continued in force by reference therein are hereby repeaied from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect 01 Repeal; Ordin- ances Saved. The repeal provided for in Section 2 hereof shall not affect any of the following; (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accuring before the effective date of said Code; (b) Any ordinance promising or guar- anteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation as- sumed by the City; (I) Any ordinance relating to the pur- chase, condemnation, acquisition or dedication of property for public use. (g) Any ordinance dedicating, estab- lishing, opening, reopening, nalming, renaming, widening, narrowing or vacating any street, boulevard, aven- ue, alley or other public way, includ- ing rights-of-way; (h) Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way; (I) Any ordinance authorizing, direct- ing or otherwise relating to any public improvements; ( ) Any ordinance creating sewer dis- tricts or districts for public im- provements of any kind or nature; (k) Any ordinance establishing or changing the limits of the city or pertaining to consolidations, annexa- tions or exclusions; (I) Any ordinance levying general or special taxes or special assessments; (m) Any ordinance granting pensions for retired officers and employees; (n) Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation; Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has conducted public hearings on two associated mat- ters dealing with Office-Residential Districts in the John F. Kennedy Road area, as follows: a. An amendment to the Zoning Or- dinance creating an OR-l"a" subclas- sification for Office -Residential Dis- tricts in lower-intensity development areas; setting forth indentical use provisions as currently pertain in the OR-I District, but reducing the max- imum height of structures from 60 to 35 feet, and reducing the maximum lot coverage (as percent of lot area) from 50% to 35%. b. A series of amendments to the Zon- ing Map converting all existing OR-l Office-Residential Districts in the John F. Kennedy Road Area to the OR-l"a" restricted subclassification: and including in that subclassification certain properties now in the R-5 Re- ATTEST; Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of November 1976. Leo F, Frommelt City Clerk Jt 1115 Councilman Brady moved final adop- tion of the Ordinance to be effective from and after December 3, 1976. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. AN ORDINANCE vacating that por- 539 Regular Session, November 1, 1976 Regular Session, November 1, 1976 538 and Transfer presented and read. Mayor Pro Tern Stackis moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Mayor Pro Tern Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Mayor Pro Tern Stackis moved that a public hearing be held on the Ordinance on November 15, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Second- ed by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Petition of Seventh Day Adventist Church requesting permission to solicit for funds and distribute literature dur- ing month of November, 1976,presented and read. Pastor Harold Ashcraft spoke relative to the pétition. Councilman Wertzberger moved that the petition be approved subject to ap- proval of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Petition of County Board of Supervi- sors requesting removal of four parking meters on Central Ave., spaces could be designated for the handicapped for ac- cessibility to ramp presently being con- structed, presented and read. Council- man Tully moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Petition of Richard V. Hansel and Company to expand an existing C-3 District to include their property at 1481 Dodge Street, as shown on the attached map. The lOCO service sta- tionpresently operating at that ad- dress is a legal non-conforming use within the OR-I Office-Residential District. The reclassification request was prompted by lOCO to permit improvements to the use which could not be accomplished under the limi- tations of provisions for nonconform- ing uses. The Commission will hold a public hearing on this matter on November 17, 1976. 2) In response to communications from Mr. Wayne Norman, Sr., and Mrs. and Mrs. Russell Nash, the City Planning and Zoning Commission bas scheduled a public hearing for November 17, 1976 to consider an I amendment to Ordinance No. 32-75 to provide provisions for historic pre- , servation within the City of Dubuque. 3) The Commission has also reviewed a draft of an amendment to Ordinance No. 32-75 to include provisions providing for regulations, requir- ements and definition of adult enter- tainment establishments. The Com- mission has scheduled a public hear- ing on this amendment for December 15, 1976, following report and recom- mendation of the City Solicitor at their November meeting. The Iowa Oil Company has complied with application and zoning fee requir- ements of the City of Dubuque Zoning Ordinance No. 32-75. A preliminary draft of the provisions of the historic preservation amendment are attached. The report and recommendation of the Planning and Zoning Commission on these matters will be sent to you fol- lowing the public hearings in November and December. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. AN ORDINANCE vacating that por- tion of Washington Street 50 feet in width and 100 feet in length from the southerly property line of Uebe Street to southerly line of Lot 3 and Lot 6 of Liebe's Subdivision in the City of Dubuque, Iowa, to Dubuque Storage Councilmen Brady moved that a pub- lic hearing be held on the Ordinance on December 6, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that tbe City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to reclassify certain hereinafter de- scribed properties from OR-I Office-Re- sidential District Classification, and R-5 Residential District Classification to OR-l"a" Office-Residential District Classification, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Councilman Brady moved that a public hearing be held on the Ordinance on December 6, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hear. ing in the manner required by law. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. October 22, 1976 sidential District, as shown on the attached map (Heitzman request). The proposed amendments have ari- sen out of recent Commission review of requests to extend Office-Residential zoning to now vacant property. The Commission has found that the present OR-I District would not effectively limit development of those sites to a scale appropriate to their surroundings. The first amendment to the Ordinance is intended to accomplish that reduction of scale, and the second amendment, pertaining to the Zoning Map, provides for a uniform re-classification of Ken- nedy Road area Office-Residential Districts. The Planning and Zoning Commis- sion has given its endorsement to both proposed amendments, and recom- mends your favorable consideration of them. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Mayor Pro Tern Stackis moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to enact anew Section 4.109.7 of Article IV thereof, creating an Office-Residential District OR-I"a" prescribing, therein, a general statement of intent, principal permitted uses, accessory uses, condi- tional uses, prohibited uses, and a schedule of district regulations for said district, presented and read. Council- man Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting wben final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the following petitions requesting amend- ments to Ordinance No. 32-75, as follows: I) The Commission has received and reviewed the petition of the Iowa Oil 540 Regular Session, November 1, 1976 Hansel Builders requesting annexation of Lot I and Lot 3 of Hansel's Addn. in Dubuque Twp.. presented and read. Councilman Tully moved that the peti- tion be referred to the City Manager and Staff for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Petition of Elinor Ann Cody Ginder, et aI, requesting annexation of Lot I of 18, Lot I of 19 in Center Grove; Lot I of2 of I of I of 2 of I of M.L. 244; and Lot 2 of 2 of I of I of 2 of I of M.L. 244; 2.37 acres located south side of Highway 20, east of Ramada Inn, presented and read. Coun- cilman Tully moved that the petition be I referred to the City Manager and Staff' for pr~per proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Petition of Salvation Army requesting permission to sell the Salvation Army's Annual Christmas War Dry during November, 1976, presented and read. Captain Barbara Pennell addressed the Council relative to the petition. Councilman Wertzberger moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Petition of Douglas L. Schlickman requesting a refund of $50., on the un- expired portion of Cigarette License No. 1008, discontinued business on October 21, 1976, presented and read. Council- man Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Petition of Shirley L. Chidester requesting a refund of $50., on unex- pired portion of Cigarette License No. 872, discontinued business on October 15, 1976, presented and read. Council- man Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Proof of publication, certified to by the publisher, of Notice of Public Hear- ing to dispose of interest in Lot 5 Block I of Riverfront Sub. No.5 to Dubuque Screw Products, Inc., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Pro Tern Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- iowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. RESOLUTION NO. 389-76 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph -Heraid, a newspaper of general cir- culation published in the City of Dubuque, Iowa on October 21, 1976, the City Council of the City of Dubuque, Iowa met on the 1st day of November, 1976 at 7:30 o'clock P.M. (Central Stan- dard Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposai to dispose of in- terest of the City of Dubuque, Iowa in real estate hereinafter described, to Dubuque Screw Products, Inc.; and WHEREAS, City Council of the City of Dubuque, Iowa overruied any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Screw Products, Inc.: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa: Section 1. That the disposal of inter- est of the City of Dubuque, Iowa in the following described real estate, to-wit: Lot 5 of Block I of "River Front Sub- division No.5" in the City of Dubuque, Iowa, an area of approx- imately 1.0517 acres to Dubuque Screw Products, Inc. be and the same is hereby approved for the total purchase price of $21,954.24 with ten percent (10%) thereof being paid down subject to the following terms and conditions: I. That the said real estate be sold to Dubuque Screw Products, Inc. for tbe construction and erection of a build- --- --- 541 Regular Session, November 1, 1976 ing thereon of approximately 60 feet ATTEST: in width by 144 feet in length by 14 Leo F. Frommelt feet In height for expansion of their City Clerk business. Mayor Pro Tern Slackis moved adop- 2. That the sale price of said real estate tion of the resolution. Seconded by shall be $21,954.24 for the total pur- Councilman Wertzberger. Carried by chase price, with ten (10%) percent the following vote: thereof, or $2195.00, being paid as Yeas - Mayor Pro Tern Stackis, down payment, receipt whereof is Councilmen Brady, Tully, Wertzberger. hereby acknowledged by the City. Nays - None. 3. Tbat construction of said building Absent - Mayor Lundh. shall be commenced within one (I) year from date of delivery of deed and the passage of this Resolution and shail be completed within twenty- four (24) months of delivery of deed and upon failure to do so or failure to make improvements to the land within eighteen (18) months by Dubuque Screw Products, Inc.. pur- chaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the constrnction of all build- ings, yards, parking lots, fences and ancillary improvements &hall be con- structed in conformance with City codes, and manufacturing processes carried out in accord with City Ordinances. Proof of Publication, certified to by the publisher, of Notice of Hearing on Amendment of Current City Budget, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. 5. That tbe City of Dubuque, Iowa retains a perpetuai easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Dubuque County, Iowa, and to the State Comptroller: The Council of the City of Dubuque in said county (counties) met on November I, 1976, at the place and hour set in the notice, a copy of whicb ac- companies this certificate and is cer- tified as to publication. Upon taking up the proposed amendment, it was con- sidered and taxpayers were heard for or against the amendment as follows: No written objections were filed and no oral objectors were present at the time set for the public hearing. The Council, after hearing all tax- payers wishing to be beard and con- sidering the statements made by them, gave final consideration to the proposed amendments(s) to the budget and modifications proposed at the hearing, if any'. Thereupon, the following resolu- tion was introduced: 6. Seller shall furnish abstract of titie and conveyance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Dubuque Screw Products, Inc. upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. RESOLUTION NO. 390-76 A Resolution amending the current Budget for the Fiscal Year ending June 30, 1977. (as amended last on 1st Amendment.) BE IT RESOLVED by the Council of the City of Dubuque, Iowa: Section 1. Following notice published October 13, 1976, and the public hearing held November I, 1976, tbe current budget is amended as set out herein: Passed, approved and adopted this 1st day of November, 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen Section 2. The cash balances and revenue estimates are amended as follows: Regular Session, November 1, 1976 , New available balance .................. $ 673,577 Newtotalrevenueestlmate .............. 8,991,180 ~~: ~~t~¡~~~e~~:~~~m~t~' . : : : : : : : : : : : : : : t 1,~~~:~~~ ~~: ~~:~:~~e~~:~~~m~t~' . : : : : : : : : : : : : : : $ I,~~::~g¿ New available balance. . , .. .. . . . . . . . . . . . $ 20,097 TrustandAgency .~~:~~:i\~~~:~~~~~~mat~. ....:::::::::: t2,O3~:~~~ New total revenue estimate. . . . . . . . . . . . . . $ 1,696,718 Section 3. The following changes \ programs, and increases in total appro- (transfers of appropriations between priations) are hereby authorized: Program Change Appropriation Community Protection ............... from $ 4,422,176 to$ 4,504,625 Human Development (or) ............ from$ 1,921,231 to$ 1,992,123 Home and Community Environemnt (or) from $ 10,746,767 to $ 11,280,745 Policy & Administration. . . . . . . . . . . . .. from $ 885,248 to $ 935,360 Passed this 1st day of November, \ ing the cost of estimates, notices, in- 1976. spection, and preparing the assessment Emii Stackis and plat, now therefore, Mayor Pro Tern BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $517,123.00. That none of the cost thereof shall be assessable upon private property and $517,123.00 shall be paid from the Sani- tation Sewage Rental Fund of the City of Dubuque, and Federal-State Grant. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger Councilmen 542 Fund General Revenue Sharing Road Use Tax Water ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. June 30, 1976 To the Honorable Mayor and City Council This is to advise you that Contract IIA Wastewater Treatment Facilities Phase II, consisting of dome type covers on existing trickling filter and primary clarifiers, has been substantially com- pleted in accordance with plans and specifications by Dow Chemical U.S.A. of Midland, Michigan. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Mayor Pro Tern Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Tully, Wertzberger. Nays - Councilman Brady. Absent - Mayor Lundh. Final Estimate RESOLUTION NO, 391-76 WEHEREAS, the contract for tbe construction of Contract IIA Waste Water Treatment Faciiities Phase II consisting of dome type covers on ex- isting trickling filters and primary clar- ifiers has been completed and the City Engineer has submitted his final es- timate showing the cost thereof includ- ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Pro Tern Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Tully, Wertzberger. Nays - Connciiman Brady. Absent - Mayor Lundb. (A Resolutlon Accepting Improvement) RESOLUTION NO. 392-76 WHEREAS, the contract for the con- struction of Contract IIA Waste Water Treatment Facilities Phase II consisting of dome type covers on existing trick- ling filters and primary clarifiers has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, noW therefore, BE IT RESOLVED, BY THE CITY COUNCIL of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- Regular Session, November 1, 1976 543 provement be and the same is hereby accepted. BE IT FURTHER RESOLVED, That the City Treasurer be and be is hereby directed to pay to the contractor from the sanitation sewage rental fund and Federal-State Grant. In amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Mayor Pro Tern Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Tully, Wertzberger. Nays - Councilman Brady. Absent - Mayor Lundh. RESOLUTION NO. 393-76 A Resolution providing for the Is- suance 01 $3,700,000 Civic Center Bonds and providing lor the levy 01 ts.es fo pay the same. WHEREAS pursuant to Chapters 47, 49, 376 and 384 of the Code of Iowa, 1975, as amended, this City Council did, by resolution duly adopted on July 19, 1976, order that at a special municipal election to be held in the City of Dubuque, Iowa, on August 17, 1976, there be submitted to the voters of said City the proposition of issuing bonds of said City in an amount not exceeding $3,700,000 for the purpose of construct- ing and equipping a Civic Center and acquiring a site therefor in said City: and WHEREAS the County Commis- sioner of Elections issued an Election Order on July 29, 1976, concurring in the action taken by the City Council and ordering said election to be held on August 17, 1976; and WHEREAS notice of said election and of the submission of said proposi- tion thereat was duly given in manner and form required by law and said election on said bond proposition was legally held and conducted on August 17, 1976, and at said election 11,115 ballots were cast on said proposition, of which 7680 voters were cast "Yes" on said proposition and 3293 votes were cast "No" on said proposition and 142 ballots were cast blank or were defec.- tively marked, and it has heretofore been and is hereby found and declared that the vote cast in favor of said proposition was equal to at least sixty percent (60%) of the total votes cast for and against said proposition at said election and said proposition has here- tofore been and is hereby declared to have been duly carried and adopted; and WHEREAS none of the bonds ap- proved at said election has been issued and it is necessary and advisable at this time to provide for the issuance of all of said bonds and to provide for the payment of the principal and interest as the same will become due; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to autbority granted at the special election held in the City of Dubuque, Iowa, on August 17, 1976, as referred to in the preamble hereof, and as authorized by Sections 384.23, et seq. ofthe Code oflowa, 1975, as amended, there shall be and there is hereby ordered issued the negotiable Civic Center Bonds of said City of Dubuque in the principal amount of Three Million Seven Hundred Thousand Dollars ($3,700,000), said bonds to be seven hundred forty (740) in number, be numbered consecutively from I to 740, both numbers included, of the den- omination of $5,000 each, and to be dated November I, 1976. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter specified, snch interest being payable May I, 1977, and semiannually ther- eafter on the first days of November and May in each year until the principal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of the City af- fixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon. In- terest on said bonds shall be evidenced by coupons thereto attached and ma- turing on the several days when such interest matures, which coupons shall be executed with the facsimile signature of the City Clerk and said City Clerk, by tbe execution of said bonds, shall adopt as and for his proper signature his fac- simile signature appearing on said coupons. Both principal and interest of said bonds shall be payable in lawfui money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and payable in their numerical order on May I of each of the respective years and shall bear interest at the rates as follows: 544 Regular Session, November 1, 1976 Bond Rate 01 Year Amount Numbers Intereat 1978 $ 50,000 1- 10 4\\% 1979 150,000 II- 40 4\\ 1980 175,000 41- 75 4\\% 1981 200,000 76-115 4\\% 1982 200,000 116-155 4\\% 1983 225,000 156-200 4\\% 1984 250,000 201-250 4\\% 1985 250,000 251-300 4\\% 1986 275,000 301-355 4\\% 1987 275,000 356-410 4.80% 1988 300,000 4I1-470 4.80% 1989 325,000 471-535 4.80% 1990 325,000 536-600 5% 1991 350,000 601-670 5% 1992 350,000 671-740 5% Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so regis- tered, and after such registration payment ofthe principal thereof shall be made only to the registered holder. Any bond so registered, upon the request in writing of such holder personally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bond so transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by delivery merely. Section 3. That said bonds, coupons and provisions for registration be in substantially the following form: (Form ot Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE CIVIC CENTER BOND No. $5000 KNOW ALL MEN BY THESE PRE- SENTS: That the City of Dubuque, in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer, or if this bond be regis- tered as to principal, to the registered holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of May, 19 -, with interest on said sum from the date hereof at the rate of ---- per cent (---%) per annum, payable May I, 1977, and semiannually thereafter on the first days of November and May in each year until said principal sum is paid, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Trea- surer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds Issued by the City of Dubuque to pay the cost of constructing and equipping a Civic Center and acquiring a site ther- efor in said City, pursuant to and in strict compliance with the provisions of Sections 384.23, et seq. and Chapter 76 of the Code of Iowa, 1975, and all laws amendatory thereof and supppemen- tary thereto, in conformity with a re- solution of the City Council of said City duly passed, approved and recorded, and pursuant to an election duly called, noticed and held for that purpose. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebt- edness of said City, including this bond, does not exceed any constitutional or statutory limitations. This bond is subject to registration as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said Ci- ty, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of said City Clerk, which official by the execution of this bond does adopt as and for his proper signature his facsimile signature ap- Regular Session, November 1, 1976 pearing on said coupons, all the first day of November, 1976. Mayor of the City of Dubuque, Iowa ATTEST: City Clerk of the City of Dubuque, Iowa (Form 01 Coupon) No. $ On ----, 19--, the Treasurer ofthe Date 01 Registration Name 01 Registered Owner On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly recorded in my office as of the first day of November,1976. Treasurer of tbe City of Dubuque, Iowa. Section 4. That said bonds be ex- ecuted as herein provided as soon after the adoption of this resolution as may be and thereupon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the pur- chaser, as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest ther- eon, all action heretofore taken in con- nection with the sale and award of said bonds being hereby ratified and con- firmed in all respects. Section 5. That the principal proceeds of the sale of said bonds shall be devoted to and used with due diligence for the completion of the facilities for which said bonds are hereby authorized to be issued. The Council represents and cer- tifies that: (I) the said City has heretofore in- curred a substantial binding obligation with respect to said facilities: said bind- ing obligation comprising architectural fees and contracts for the acquisition of real estate, for materials and for the construction of the improvements in the amount of not less than 2-\\% of the estimated total cost of said facilities; (2) the City Council expects that over 85% of the spendable proceeds of said bonds (including investment proceeds) will be expended on or before January I, 1979, for the purpose of paying the cost of said facilities, said date being within 545 City of Dubuque, in Dubuque County, Iowa, will pay to bearer---- dollars ($ ----) at the office of the City Treasurer, Dubuque, Iowa, for interest due that date on the Civic Center Bond of Said City, dated November I, 1976, No.--. City Clerk Signature 01 City Treasurer three years following the date of issue of said bonds; (3) work on the said facilities has proceeded and is expected to proceed with due diligence to completion; (4) said facilities have not been and are not expected to be sold or otherwise disposed of in whole or in part prior to the last maturity of said bonds; (5) all of the principal proceeds of the bonds are needed for the purpose stated in the form of bond above set out, in- cluding expenses incidental to such purpose and to the issuance of the bonds; and (6) to the best of the knowledge and belief of the Council there are no facts, estimates or circumstances that would materially change the conslusions and representations set out in this section. Said Council also certifies and further covenants with the purchasers and holders of said bonds from time to time outstanding that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in con- nection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any other sources will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 1O3(d) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated or proposed thereunder, including Sections 1.103-13 and 1.103-14 of the Income Tax Regulations (26 CFR Part I), as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The Council reserves the right, however, to make any investment of such moneys permitted by state law if, when and to the extent that said Section 1O3(d) or regulations promulgated thereunder shall be repealed or relaxed or shall be Regular Session, November 1, 1976 547 Regular Session, November 1, 1976 546 Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of East Central In- tergovernmental Ass'n. submitting Amendments to the Articles of Agreement along with a resoltuion to be adopted and approved by the Council, presented and read. Mayor Pro Tern Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilman Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. RESOLUTION 394-76 WHEREAS, municipalities and coun- ties in Sub-State District VIII have adopted Resolutions accepting the Ar- ticles of Agreement forming the East Central Intergovernmental Association; and, WHEREAS, the Council of the East Central Intergovernmental Association has proposed amendments to said Arti- cles of Agreement: and WHEREAS, the proposed amend- ments were approved by the Council of the East Central Intergovernmental As- sociation by a " vote of the Association Council representatives present and voting at the October 20, 1976 regular meeting in accordance with Article X of the aforesaid Articles of Agreement: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that this Resolution serve as approval of the recommended amendments as prescribed in Article X of the aforesaid Articles of Agreement. BE IT FURTHER RESOLVED that this Resolution be made a matter of public record. Passed, adopted and approved this 1st day of November, 1976. EmilStackls Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen submitting a resolution authorizing salary adjustments for managerial posi- tions in the Police and Fire Departments and A RESOLUTION authorizing the City Manager to adjust the salaries for various classifications in the Police and Fire Departments, presented and read. Councilman Tully moved that the com- munication and resolution be tabled and referred to the next Council meeting. Seconded by Mayor Pro Tern Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully. Nays - Councilman Wertzberger. Absent - Mayor Lundh. October27,1976 fiscal year ending June 30, 1988, a tax sufficient to produce the sum of $381,250 for principai and interest; In the year 1988 for collection in the fiscal year ending June 30, 1989, a tax sufficient to produce the sum of $391,850 for principal and interest; In the year 1989 for collection in the fiscal year ending June 30, 1990, a tax sufficient to produce the sum of $376,250 for principal and interest: In the year 1990 for collection in the fiscal year ending June 30, 1991, a tax sufficient to produce the sum of $385,000 for principal and interest; In the year 1991 for collection in the fiscal year ending June 30, 1992, a tax sufficient to produce the sum of $367,500 for principal and interest. A certified copy of this resolution shall be filed with the County Auditor of Dubuque County and said Auditor shall be and he is hereby instructed in and for each of the years 1977 to 1991, inclusive, to enter for collection and assess the tax hereby authorized. When annually entering said taxes for collec- tion, the County Auditor shall Include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of prin- cipal and interest of the bonds hereby authorized and for no other purposes whatsoever. That the principal or interest coming due at any time when there are insuf- ficisnt funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such currect funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 7. That this resolution become effective immediately upon its passage and approval and that all re- solutions or parts thereof in conflict herewith be and the same are hereby repealed to the extend of such conflict. Passed and approved November I, 1976. held void by final decision of a court of competent jurisdictions, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on said bonds sub- ject to federal income taxation. Section 6. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at ma- turity, there be and there is hereby ordered levied on all the taxable property within said City a direct an- nual tax for each of the years while said bonds or any of them are outstanding, in amounts sufficient for that purpose, and that there be and there is hereby levied upon all the taxable property in said City the following direct annual tax, to-wit: In the year 1977 for collection in the fiscal year ending June 30, 1978, a tax sufficient to produce the sum of $311,488 for principal and interest: In the year 1978 for collection in the fiscal year ending June 30, 1979, a tax sufficient to produce the sum of $322,075 for principal and interest; In the year 1979 for collection in the fiscal year ending June 30, 1980, a tax sufficient to produce the sum of $340,325 for principal and interest; In the year 1980 for collection in the fiscal year ending June 30, 1981, a tax sufficient to produce the sum of $357,450 for principal and interest; In the year 1981 for collection in the fiscal year ending June 30, 1982, a tax sufficient to produce the sum of $348,450 for principal and interest; In the year 1982 for collection in the fiscal year ending June 30, 1983, a tax sufficient to produce the sum of $364,450 for principal and interest: In the year 1983 for collection in the fiscal year ending June 30, 1984, a tax sufficient to produce the sum of $379,325 for principal and interest; In the year 1984 for collection in the fiscal year ending June 30, 1985, a tax sufficient to produce the sum of $368,075 for principal and interest: In the year 1985 for collection in the fiscal year ending June 30, 1986, a tax sufficient to produce the sum of $381,825 for principal and interest; In the year 1986 for collection in the fiscal year ending June 30, 1987, a tax sufficient to produce the sum of $369,450 for principal and interest; In the year 1987 for collection in the Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 9 of Block 14 and Lots I through 6 of Block 15 all in Mettel-Byrne Addition in the City of Dubuque, Iowa as shown on the at- tached map. The Commission has found the plat to be in conformance with the Subdivision Regulations of the City of Dubuque and recommends your favorable considera- tion of the plat subject to requirements of the City Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Mayor Pro Tern Stackis moved that the communication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 395-76 Resolution approving the Plat 01 Block 14 and Block 15 in Mettel-Byrne Addition In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 14 and Block 15, in Mettel-Byrne Addition in the City of Dubuque, Iowa, by Mettel Realty & Investment Co.: and WHEREAS, upon said plat appear streets to be known as Short Street, together wIth certain public utility ea- sements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon: and ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tern Stackis moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of City Manager Emil Stackis Mayor Pro Tern ATTEST: Leo F. Frommelt City Clerk Recorded November I, 1976 Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: 548 Regular Session, November 1, 1976 Regular Session, November 1, 1976 549 Nays - None. Absent - Mayor Lundh. October 27,1976 WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating tbereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Short Street, together with the ea- sements for public utilities as the same appear upon said plat, be and the same are hereby accepted: Section 2. That the plat of Block 14 and Block 15, in Mettel-Byrne Addition in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Short Street with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Dubuque standard specifications: b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; I c. To install water mains and water service laterals in accordance with, plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat: e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager: g. To maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; h. To provide the foregoing construc- tion and maintenance at the solo ex- pense of the Subdivider, Mettel Realty & Investment Co., as owner; i. To construct said improvements, ex- cept sidewalks, prior to November 22, 1978, and to construct the sidewalks prior to November 22, 1980; j. To install in accordance with City Specifications, boulevard street light- ing within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision. and Iurther provided that said Mettel Realty & Investment Co., as owner of said Subdivision, secure the perfor- mance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Mettel Realty & Investment Co.. shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by un- animous recorded roll call this 1st day of November, A.D., 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Blocks I and 2 each in "Phase Two to Stone Hill Community Subdivision" in the City of Dubuque, Iowa. The Commission has found the plat to be in conformance with the Subdivision Regulations of the City of Dubuque and recommends your favorable considera- tion of the plat subject to approval by the Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. RESOLUTION NO. 396-76 Resolution approving the Plat of Blocke 1 and 2 each In "Phase Two of Stone Hili Community Subdivision No.1" In the City of Dubuque, Iowa ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 395-76 We, the undersigned Mettel Realty & Investment Co. having read the terms and conditions of the foregoing Resolu- tion No. 395-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the con- ditions required therein. Dated at Dubuque, Iowa, this 9th day of November, 1976. C. E. Mettel President Loraine Klumpp Vice President WHEREAS, There has been filed with the City Clerk a plat of the Subdivision to be known as: "Phase two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, WHEREAS, there are on file in the office of the City Engineer of Dubuque, Iowa Improvement Plans and accom- panying specifications showing loca- tion and grade of sanitary sewer, water and drainage facilities within the area shown on said plat: and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except water and sewer as specified have not been installed; NOW THEREFORE, BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa: Section 1. That the plat of Blocks I and 2, each in "Phase Two of Stone Hill Community Subdivision No." in the City of Dubuque, Iowa, be and the same TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 395-76 Has been furnished by the owners. Dated at Dubuque, Iowa, this lOth day of November, 1976. Giibert D. Chavenelle City Manager Mayor Pro Tern Stackis moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owner of said property herein named, execute written accep- tance hereto attached agreeing: a. To install sewers in accordance with the plans described herein and sub- mitted with the plat: b. To install water mains in accordance with plans and specifications filed by the owner in the office of the City Engineer, City of Dubuque, Iowa: c. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager: d. To maintain the foregoing Im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa: e. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Subdivider, Stonehill Development Corporation as owner: f. To construct said improvements, prior to --------. Section 2. Stone Hill Development Corporation has established an Iowa Corporation known as Stone Hill Com- munity Association; said Stone Hill Community Association is a property owner's association and shall provide for the maintenance, improvement and development of real property, and im- provements and fixtures located ther- eon, which shall be subsequsntly deeded by Stone Hill Development Corporation to Stone Hill Community Association in "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa. Stone Hill Community Association has the power to levy charges and assessments against members of said corporation which shall be leins against the property owned by the members of said corpora- tion within "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, for the purposes of maintaining, developing and improv- ing all real property which shall be subsequently deeded by Stone Hill Development Corporation to Stone Hill Community Association in "Phase Two of Stonehill Community Subdivision No.1" in the City of Dubuque, Iowa. Section 3. Property owned by Stone Hill Community Association in Phase Two of Stone Hill Community Subdivi- sion No.1 in the City of Dubuque, Iowa will also be known as Common Area Regular Session, November 1, 1976 551 Regular Session, November 1,1976 550 Councilman Tully moved that the reports be referred to City Staff for written comments. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. A RESOLUTION granting Class "B" Beer Permit application to David Har- vey Erickson: A RESOLUTION directing the is- suance of Class "B" Beer Permit to David Harvey Erickson: A RESOLUTION granting a Cigarette License to David Harvey Erickson, all for 500 Rhomberg Avenue, presented and read. Police Chief O'Brien addressed the Council objecting to the issuance of the permit & license. David Erickson spoke to the Council on his own behalf. Mayor Pro Tern Stackis moved denial of David H. Erickson beer application. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 397-76 WHEREAS, . applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Big G Steak House, Inc.. (Also Sunday Sales), Plaza "20" RESOLUTION NO. 398-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of tbis Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Big G Steak House, Inc.. (Also Sunday Sales), Plaza "20" the date of this Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved by unanimous recorded roll call this 1st day ofNovember,A.D.. 1976. Emil Stackis Mayor Pro Tern Richard Wertzberger James E. Brady Councilmen which property shall be maintained for the purposes identified on the final development plan and kept in neat and proper order; tbe City of Dubuque, Iowa, shall have a perpetual easement to enter, and pass over and upon said real property in "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, for sucb ordinanary maintenance services and emergency services as are regularly and customarily provided by the City of Dubuqus, Iowa, in the City of Dubuque, Iowa, and for such services or duties which the City of Dubuque, Iowa may be obligated by law to perform on said premises. a. Certain improvements, as shown on Improvement Plans on file in the of- fice of the City Engineer of Dubuque, Iowa, within Block 2 in "Phase Two of Stonehill Community Subdivision No. I" in the City of Dubuque, Iowa, shall be public improvements and are her- eby so dedicated to the City of Dubuque, Iowa. 11 is understood and agreed that upon finai acceptance by the City of Dubuque, Iowa, said im- provements shall be owned and maintained by the City of Dubuque, Iowa. b. The streets and parking areas iocat- ed on Block 2 in "Phase Two of I Stone Hill Community Subdivision, No. I" in the City of Dubuque, Iowa, shall be private streets and parking areas and owned by Stone Hill Com- munity Association, and shall be held with other common property shown upon the paIn within the jurisdiction of Stone Hill Community Associa- tion, and further providing that the city may enter such streets and park- ing areas to provide necessary emer- gency services or other services or duties which it may be obligated by law to perform on the premises; that the City may enter the street and perform necessary maintenance whenever the private owner fails to do so, and assess all costs to such owner. c. All assessable costs for maintenance or services, described herein, per- formed by the City of Dubuque, Iowa on, or directly benefiting, Block 2 in "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, shall be assessed against Stone Hill Community As- sociation and a lien upon said real property. Section 5. That in the event Stone Hill Development Corporation shall fail to execute acceptance within 45 days after ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 396-76 We, the undersigned, Stone Hill Development Corporation having read the terms and conditions of the forego- ing Resoiution No. 396-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 22nd day of November,1976. Stone Hill Development Corporation By Geo. E. Deininger Vice President Passed, adopted and approved this 1st day of November 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tern Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 399-76 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Homan T. Chan, (Also Sunday Sales), 1630 East 16th St. Michael J. Lucas, Jr., 1064 University Ave. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. ----- has been furnished by the owners. Dated at Dubuque, Iowa, this --- day of ----, 1976. City Manager Councilman Tully moved adoption of the resolution subject to approval of the Engineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. A Progress Report on the Dubuque Sanitary Landfill, dated October 28, 1976, was submitted by Emil Stackis, member of the Dubuque Metropolitan Area Solid Waste Agency. Councilman Tully moved that the report be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Communications of HD&R, submit- ting reports on the Dubuque Metropoli- tan Area Solid Waste Agency Sanitary Landfill, dated October 15, 1976 and October 27, 1976, were presented. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tern Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tern Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. 552 Regular Session, November 1, 1976 ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tern Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays -.None. Absent - Mayor Lundh. RESOLUTION NO. 400-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Homan T. Chan, (Also Sunday Sales, 1630 East 16th St. Michael J. Lucas, Jr., 1064 University Ave. Passed, adopted and approved this 1st day of November, 1976. Emil Stackis Mayor Pro Tern ThomasA. Tuily Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk ,Mayor Pro Tern Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Communication of Walter A. Pregler, Chairman of Community Development Commission, requesting a work session with various Commissions concerning neighborhood park development, pre- sented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Mayor Pro Tern Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis Councilmen Brady, Tully, Wertzberger.' Nays - None. Absent - Mayor Lundh. Communication of Walter A. Pregler, Chairman of Community Development Commission, advising of Council request relative to resolution regarding restructuring of their group be tabled until the budget has been cleared, pre- sented and read. Councilman Wertz- berger moved that the commnnication be received and filed. Seconded by Mayor Pro Tern Stackis. Carried by the following vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady. Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Communication of Robert A. Funk, requesting purchase of a city-owned Lot adjacent to 1397 Delhi Street, presented and read. Councilman Brady moved that the communication be referred to the City Manager. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. There being no further business, Councilman Wertzberger moved that the meeting adjourn. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tern Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Leo F. Frommelt City Clerk Approved ."............." 197-- Adopted...... . ... 197-- ..........".... ................................. ............,.......... ................................ . ........"...... Councilmen Attest: ........................... City Clerk Special Session, November 8, 1976 553 CITY COUNCIL OFFICIAL Special Session, November 8, 1976. Council met at 7:00 o'clock P.M. (C.S.T.) Present - Mayor Lundh, Council- men Brady, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - at roll call- Councilman Stackis. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called to consider ADOPTION OF RESOLUTION DIR- ECTING THE TRANSFER OF COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE COMIS- KEY PARK IMPROVEMENT PROJECT TO THE COMISKEY PARK SHELTER PROJECT and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Community Development Commission recommend- ing that the amount of $5,504 over the engineer's estimated amount for the construction of the Comiskey Park warming house be tranferred from the CDBG funds to Comiskey Park Shelter project, presented and read. Council- man Wertzberger moved that the com- munication be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. RESOLUTION NO. 401-76 A Resolution Directing the Transfer 01 Community Development Block Grant Funds from the Comiskey Park Improvement Prolect to the Comiskey Park Shelter Project. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That an amount not to exceed five thousand five hundred and four dollars ($5,504.00) shall be trans- ferred from the Comiskey Park Im- provement Project of the Community Development Block Grant program, for purposes of securing the award of a construction contract for the Comiskey Park Shelter Project. Section 2. That the foregoing transfer of funds has heretofore been approved by the Community Develop- ment Commission. Passed, approved and adopted this 8th day of November, 1976. Alvin E. Lundh Mayor Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution subject to reduction of excess concrete slab. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Wertzberger. Nays - Councilman Tully. Absent - Councilman Stackis. Councilman Stackis entered the Council Chambers at 7:20 P.M. At 7:23 P.M. Councilman Brady moved to go into Executive Session to discuss Personnel. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Council Reconvened in Regular Ses- sion at 7:30 P.M.; No Action Taken. There being no further business, Mayor Lundh moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved ............ .... 197-- Adopted .................... 197-- ......................... ................................. ................................. ....................... ...................... Councilmen Attest: ........... City Clerk ............. 554 Special Session, November 15, 1976 Special Session, November 15, 1976 555 CITY COUNCIL OFFICIAL Special Session, November 15, 1976. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Lundh, Council- men Brady, Tully, Wert.berger. City Manager Gilbert D. Chavenelle. Absent - Councilman Stackis. Mayor Lundh read the call and stated that service thereof had been duly made and th1s Meeting is called for the PUR. POSE OF CONDUCTING PUBLIC HE,ARINGS ON THE VACATION AND I SALE OF VARIOUS CITY-OWNED PROPERTIES and acting upon such' other business as may properly come before a Regular Meeting of the Council. A Decision on the "Petition for An- nexation by the City of Dubuque, Iowa, before the City Development Commit- tee, State of Iowa" was presented. City Attorney Russo made a verbal report on Annexation Meeting held in Des Moines today (Nov. 15) stating: We were not heard from at Des Moines and have no decision to date; Decision of October 5, 1976 was questionable; City must wait until December 6, 1976, for fucther consideration. Councilman Wertzberger moved that the Decision be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. A Proclamation proclaiming Sunday, November 28, 1976, as "We Love Lucy Day" was approved and signed by Mayor Lundh. Communication of Playground & Recreation Commission submitting minutes of their meetings of October 28 and November 8, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of November I, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Peoples Natural Gas advising October 27 increase will result in a revised increase of .900 for intown and .843 for rural customers despite Federal Power Commission ruling which delayed effectiveness of all companies, presented and read. Coun- cilman Tully moved that the commun- ication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Iowa D.E.Q. ad- vising of issuance of permit for Terminal Street Force Main Wastewater Treat- ment Facilities, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stack is. Communication of League of Women Voters submitting the name of Mrs. Maxine Griep for the Proposed Citizens for Annexation Committee, presented and read. Mayor Lundh moved tbat the communication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Youth Services submitting a list of vacancies on Youth Services Board of Directors and requesting replacements, presented and read. Mayor Lundh moved that the communication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Dock Commission advising of expiration of William Woodward's position to the Dock Board and requesting consideration for a re- appointment, presented and read. Mayor Lundh moved that the commun- ication be referred to Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Dubuque Dock Commission advising that the Commis- sion reponded to Conti-Carriers offer of transfer of the old freight house as not being acceptable, however negotiations will continue, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Dubuque Dock Commission advising that scheduling of the Area "C" seminar has been con- firmed for December 2nd and 3rd and looking forward to as much input as possible from officials and public, pre- sented and read. Councilman Brady. Carried by the following vote: sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Communication of Dubuque Dock Commission submitting a letter from U.S. Army Corps of Engineers relative to housing of the "Floyd", however the maintenance cost would be prohibitive and requesting some indication from the Council as to their thinking, pre- sented and read. Dock Commission Manager, Shirley Lang, addressed the Council relative to communication stating operation cost based on 8 hours a day for 52 weeks would be estimated at $49,000. per year; may ask for a seasonal operation, Com- mission was apprehensive about opera- tion cost of U.S.S. Floyd. Mayor Lundh moved that the com- munication be referred to the next Council Meeting. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Iowa Mississippi River Parkway Commission advising of meetings to be held in November for the benefit of individuals, organizations or commissions interested in development of the Great River Road in Iowa, pre- sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Communication of Five Flags Center Building Committee submitting a list of various cost items and requesting con- currence and approval, presented and read. Councilman Tully moved to su- spend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Mrs. Jackie Merritt spok'e to the Council relative to communication and Council suggested to cut out travel expenses by Architect from Dubuque to Madison, however travel to Consultants would be okay. Councilman Wertzberger moved that the communication be received and flied and request approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. November 12, 1976 Honorable Mayor and City Council I hereby submit the annual report for Affirmative Action for the City of Dubuque as prepared by the Equal Em- ployment Opportunity Officer. Also enclosed as a matter of informa- tion is a recent letter from the U.S. Department of Housing and Urban Development in connection with a recent equal opportunity monitoring review of the city's Community Development Block Grant Program. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication and report be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Printed Council Proceedings for month of June, 1976, presented for Council approval. Councilman Wertz- 556 Special Session, November 15, 1976 berger moved that the proceedings be approved as printed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. November I, 1976 Honorable Mayor and City Council On October 10, 1976, claim was filed against the City of Dubuque, Iowa by Mrs. Chris Kurt of 738 Montgomery Ave.. East Dubuque, Ill. for unspecified damages in an unspecified or stated amount claiming that on October 1,1976 she ran over puddles of paint in the street when driving on Kerper Boulevard in Dubuque, Iowa. This matter was referred to the ap- propriate City Agency who has made an investigation of said matter and finds no liability on the part of the City of Dubuque and in view of the foregoing, it is the recommendation of the City At- torney that the claim of Mrs. Chris Kurt be denied. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed and recommendation of denial ap- proved. Seco~ded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. October 29, 1976 Honorable Mayor and City Council On March 21, 1976, Douglas M. Tem- pleton, age 9 years, of St. Donatus, Iowa was injured as the result of a fall from the monkey bars at Allison Henderson Playground and he received head injur- ies and broken right arm from said fall when he struck bis head on the cement in which the monkey bars are imbedded. The parents of the child did not file a claim but they, and the insurance ad- juster, pointed out that the cemented area in the middle of the monkey bars is very much exposed and contributed greatly to the injuries received. They suggested that the Park Department make an effort to do something about covering the eemented area with dirt or sand type material to reduce tbe expo- sure of the cement and lessen injury risk. In view of the foregoing, it is the recommendation of the City Attorney that note be taken of the suggestion of the parents of the injured child and the Park Department be instructed to review such type installations with a view of reduction of exposure for ac- cidents and injuries. R.N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - CouncilIÍIan Stackis. November 8, 1976 Honorable Mayor and City Council Annexation As you know, the Application for Rehearing andlor Reconsideration was filed by the objectors to the annexation proposal of the City of Dubuque, Iowa. The City Council has directed the City Attorney to interpose objections and resistance to such Application, and ac- cordingly, said Resistance and Objec- tion was filed and served on the appro- priate parties by certified mail on November 5,1976. Accordingly, I respectfully submit a copy of the Application for Rehearing andlor Reconsideration and the City's Objection and Resistance thereto. R. N. Russo City Attorney Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Notice of truck damage claim of Elroy J. Hinz, in the amount of $82.40, for damage incurred as the result of a City water truck striking his vehicle on Oc- tober I, 1976, on LaVista Drive, pre- sented and read. Councilman Wertz- berger moved that the Notice of Claim be referred to the City Solictor for proper proceedings. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. November 10, 1976 Honorable Mayor and Councilmen In response to a communication from - ---- Special Session, November 15, 1976 557 Chief Robert N. Dunphy, of the City Fire Department, wbich noted that the new- ly platted street "Martha Court" is a duplication of the existing "Martha Street" and could result in confusion when answering emergency calls from those locations, we herewith transmit I an Ordinance changing the name of "Martha Court" to "Sundown Court". ' Daniel Dittemore City Planner Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. ORDINANCE NO. 56-76 AN ORDINANCE CHANGING THE NAME OF MARTHA COURT TO SUN- DOWN COURT, IN ASBURY SPRINGS SUBDIVISION NO.3, IN THE CITY OF DUBUQUE, IOWA, presented and read. Mayor Lundh moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Mayor Lundh moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. ORDINANCE NO. 56-76 AN ORDINANCE CHANGING THE NAME OF MARTHA COURT TO SUN- DOWN COURT, IN ASBURY SPRINGS SUBDIVISION NO.3 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there appears in the records of the of the Dubuque County Recorder a plat of "Asbury Springs Subdivision No.3", in the City of Dubuque, Iowa, recorded as instrument No. 8129-76 therein, as orginolly ap- proved by the City Council of the City of Dubuque, Iowa by Resolution No. 302-76; and WHEREAS, said "Asbury Springs Subdivision No.3" has piatted, named and dedicated to the publlc, a street known as Martha Court; and WHEREAS, said piatted Martha Court is so named in duplIcation of another public street within the City of Dubuque, Iowa, which duplIcation is potentially a source of confusion to the pubiic and a danger to the publIc health, safety and weifare in the event of a call for emergency services to locations upon said streets; and WHEREAS, Section 409.17 of the Code of Iowo, 1975, provides that the City Councit may, be ordinance, cause the name of a piatted street to be changed. NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa. Section 1. That the piatted street known as Mortha Court, contained within the "Asbury Springs Subdivision No.3" in the City of Dubuque, Iowa and recorded as Instrument No. S129-76 in the record of piats in the office of the Dubuque County Recorder, shall her- eafter be named and known as Sun- down Court. Section 2. That the Mayor and City Clerk of the City of Dubuque, Iowa, shall certify and file this Ordinance, after its passage, with the County Recorder and County Auditor of Dubuque County Iowa; and the Auditor sholl make the proper changes on the plats found in the office of the Auditor; and the Recorder shall enter this in- strument of record and make reference on the margin of the original piat or upon a reference sheet or page attached to the originai piat for that purpose. Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomos A. Tully Jr. Richord Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk PublIshed officially in the Teiegraph Heraid Newspaper this 19th day of November, 1976. Leo F, Frommelt City Cierk 1111/19 Mayor Lundh moved final adoption of the Ordinance. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundb, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. 558 Special Session, November 15, 1976 November 12,1976 Honorable Mayor and City Council Submitted for your consideration is an ordinance requiring vehicles traveling west on West Fifth Street to stop at Delhi. I recommend your favorable con- sideration and in support of the recom- mendation I have attached a letter from Chief O'Brien. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. ORDINANCE NO. 57-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 9 TO SECTION C OF SCHEDULE III THEREOF TO PROVIDE THAT WESTBOUND VEHICLES ON WEST FIFTH STREET MUST STOP BEFORE ENTERING THE INTERSEC- TION OF DELHI STREET AND WEST FIFTH STREETS, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Councilman Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. ORDINANCE NO. 57-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 9 TO SECTION C OF SCHEDULE III THEREOF TO PROVIDE THAT WESTBOUND VEHICLES ON WEST FIFTH STREET MUST STOP BEFORE ENTERING THE INTERSEC- TION OF DELHI STREET AND WEST FIFTH STREETS: NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" os amended be and the same is hereby amended by adding a new Sub- section 9 to Section C of Schedule 1II thereof as follows: "SCHEDULElII. C. West bound vehicles must stop before entering the intersection: 9. Delhi Street and West Fifth Street" Passed, approved ond adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of November 1976. Leo F. Frammelt City Clerk 1111119 Councilman Tully moved final adop- tion, of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of Vacation and time and place of hearing to dispose of a portion of Washington Street to Dubuque Storage & Transfer Co., pre- sented and read. No written objections were filed and no oral objectors were present in tbe Council Chamber at the time set for the hearing. Mayor Lundh moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. ORDINANCE NO. 58-76 AN ORDINANCE VACATING THAT PORTION OF WASHINGTON STREET 50 FEET IN WIDTH AND 100 FEET IN LENGTH FROM THE SOUTHERLY PROPERTY LINE OF LIEBE STREET Special Session, November 15, 1976 559 TO SOUTHERLY LINE OF LOT 3 AND LOT 6 OF LlEBE"S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of November I, 1976, presented for final adoption. ORDINANCE NO. 58-76 AN ORDINANCE VACATING THAT PORTION OF WASHINGTON STREET 50 FEET IN WIDTH AND 100 FEET IN LENGTH FROM THE SOUTHERLY PROPERTY LINE OF LIEBE STREET TO SOUTHERLY LINE OF LOT 3 AND LOT 6 OF LIEBE'S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA WHEREAS, that portion of Washing- ton Street 50 feet in width and 100 feet In length from the southerly property line of Liebe Street to the Southerly line of Lot 3 and Lot 6 of Liebe's Subdivision in the City of Dubuque, Iowa is no longer needed for street purposes, ond Dubuque Storage & Transfer Co. has petitioned for the ocquisition of said real estate; and WHEREAS, Planning and Zoning Commission, City of Dubuque, Iowa has approved the vacation of said described reol estate; and WHEREAS, the City Council, City of Dubuque, Iowa deems it in the best public interest that said above described real estate be vacated subject to the conditions and provisions hereinafter set forth and that disposal thereof to Dubuque Storage & Transfer Co. be approved. NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the vacation of that portion of Washington Street 50 feet in width and 100 feet in length from the southerly property line of Liebe Street to southerly property line of Lot 3 and Lot 6 of Liebe's Subdivision in the City of Dubuque, Iowa be and the same is hereby approved. Section 2. That the disposal of Inter- est of the City of Dubuque, Iowa In and to that portion of Washington Street 50 feet In width and 100 feet in length from the southerly property line of Liebe Street to the southerly property line of Lot 3 and Lot 6 of Liebe's Subdivision in the City of Dubuque, Iowa to Dubuque Storage & Transf"" Co. for the total purchase pricecorFtftÞ ($50.00) Dollars, plus costs-ofPuþJrcâ/iù¡.n. and recording fees, that no a6;i'tract of title will be furnished ancfcorWeyance'shàll be by Quit Claim Deed, and City reserves and retains easements for utilities located therein and right of ingress and egress to repair and maintain the same. Section 3. That the City Clerk be and he Is hereby ordered and directed to publish notice as is by law required. Passed, approved ond odopted this 15th day of November,1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATIEST: Leo F. Frommelt City Clerk Published officIally in the Telegraph Herald Newspaper this 19th day of November, 1976, Leo F. Frommelt City Clerk ItI11l9 Mayor Lundh moved final adoption of the Ordinance. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 402-78 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion published on November 4, 1976 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 15th day of November, 1976 at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter d~cribed, to Dubuque Stor- age & Transfer Co.; and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all objections oral or written, to the propo- sal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Storage & Transfer Co.: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa; Section 1. That the disposal of in- terest of City of Dubuque, Iowa in and to and conveyance of that vacated por- tion of Washington Street 50 feet in width and 100 feet in length from the southerly property line of Liebe Street to the southerly property line of Lot 3 and Lot 6 of Liebe Subdivision in the City of Dubuque, Iowa to Dubuque 560 Special Session, November 15, 1976 Storage & Transfer Co. be and the same is hereby approved for the purchase price ofFítly ($50.00) Dollars plus costs of publication and recording fees, sub- ject to existing easements reserved and retained by the City of Dubuque, Iowa for utilities located therein and for in- gress and egress to repair and maintain the same, and that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed. SectIon 2. That the Mayor and City Clerk be and they are hereby authorized to execute said deed of conveyance and the City Clerk be and he is hereby authorized and directed to deliver said deed of conveyance to the grantee upon payment of purchase price In full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tionin the office of the Dubuque County Recorder. Passed, approved and adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lnndh moved adoption of tbe resolution. Seconded by Councilman Wertzberger. Carried by tbe following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Proof of Publication, certified to by the publisher, of Notice of vacation and time and piace of bearing to dispose of interest in a portion of Viola Street to Dubuque Community School District, presented and read. No written objec- tions were filed and no oral objectors were present in tbe Council Chambers at the time set for the hearing. Mayor Lundh moved that the proof of publica- tion be received and filed. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stack is. ORDINANCE NO. 59-76 AN ORDINANCE VACATING THAT PORTION OF VIOLA STREET LYING NORTH OF EAGLE STREET IN THE CITY OF DUBUQUE, IOWA BEING 40 FEET IN WIDTH AND 100 FEET IN LENGTH AND ORDERING DISPOSAL THEREOF, said Ordinance having been previously presented and read at tbe Council Meeting of November, I, 1976, present- ed for final adoption. ORDINANCE NO. 59-76 AN ORDINANCE VACATING THAT PORTION OF VIOLA STREET LYING NORTH OF EAGLE STREET IN THE CITY OF DUBUQUE, IOWA BEING 40 FEET IN WIDTH AND 100 FEET IN LENGTH AND ORDERING DISPOSAL THEREOF WHEREAS, that portion of Vioia Street lying north of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length is no ionger needed for street purposes and the Dubuque Community School District has petitioned for that purchase of said described real estate; and WHEREAS, Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vocation of said described real estate; and WHEREAS, the City Council of the City of Dubuque, Iowa deems it in the best public interest that said above de- scribed real estate be vacated and that disposal of the Interest of the City of Dubuque, Iowa In said real estate should be approved subject to condi- tions and provisions hereinafter set out; NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the vacation of that portion of Vio/o Street lying north of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length be and the same Is hereby approved, SectIon 2. That the disposal of inter- est of the City of Dubuque in and to that portion of vacated VIola Street lying north of Eogle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length be disposed of to the Dubuque Community School Dis- trict for the purchase price of $1.00 plus costs of publication and recording fees, that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed, be and the same is hereby approved, Section 3. That the City Clerk be and he is hereby ordered and directed to publish notice as is by law required. Special Session, November 15, 1976 561 Passed, approved and adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk published officially in the Telegraph Herald Newspaper this 19th day of November, 1976. Leo F. Frommelt City Clerk ItIIII9 Mayor Lundh moved final adoption of the Ordinance. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. RESOLUTION NO. 403.76 WHEREAS, pursuant to Resolution and published Notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion published on November 4, 1976 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 15th day of November, 1976 at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinàfter described, to Dubuque Community School District: and WHEREAS, City Council of the City of Dubuque,lowa overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to Dubuque Com- munity School District; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa; Section 1. That the disposal of inter- est of City of Dubuque, Iowa in and to and conveyance of that vacated portion of Viola Street lying north of Eagle Street in the City of Dubuque, Iowa being 40 feet in width and 100 feet in length to Dubuque Community School District be and the same is hereby ap- proved for the total purchase price of $1.00 plus publication costs of notices and recording fees, that no abstract will be furnished and conveyance shall be by Quit Claim Deed, and City of Dubuque reserves and retains easements for utilities located therein and right of ingress and egress to repair and main- tain the same. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized to execute said deed of con- veyance and the City Clerk be and he is hereby directed and authorized to deliver said deed of conveyance to the grantee. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tionin the office of the Dubuque County Recorder. Passed, approved and adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Petition of John J. Duggan requesting permission to install street lights on Knob Hill Drive, presented and read. Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. Petition of Carl Burbach requesting permission to install street lights in Buena Vista Subdivision, presented and read. Councilman. Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Petition of Dubuque Transit Authori- ty requesting a work session with the Council and DMA TS to discuss program of projects, presented and read. Coun- cilman Wertzberger moved that the petition be received and filed and work session be set for November 29, 1976, at 4:30 P.M. Seconded by Mayor Lundh. Carried by the following vote: -- - -_.~-_._.. . 562 Special Session, November 15, 1976 Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Petition of David Erickson requesting refund of $300 for unused Class "B: Beer Permit, presented and read. Councilman Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Petition of Mildred A. Witherall, Ex- ecutor of Estate of Cyril N. Meitl, Dec'd requesting refund of $50. on unexpired portion of Cigarette License No. 823, discontinued business on October 7, 1976, presented and read, Councilman Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. November 12, 1976 Honorable Mayor and Members of the City Council Attached for your approval and adoption is a resolution authorizing salary adjustments for various supervi- sory and professional positions in the city of Dubuque. Included are the recommendations made on November I, for police and fire classifications. Funds for these changes have been al- located in the current budget. After considering the level of respon- sibility required of the employees in these positions and the salaries being paid by other municipalities we believe these adjustments are equitable and recognize the important services being provided by our city officials. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Tully, Wertzberger. Nays - Councilman Brady. Absent - Councilman Stackis. RESOLUTION NO. 404.76 Resolution authorizing the City Man- ager to adjust the selaries for var- ious classifications in the City of Dubuque WHEREAS, a job evaluation has been made by the City Manager's office of supervisory and professional posi- tions in the City of Dubuque: and WHEREAS, each position Was reviewed on its level of responsibility by using the methodology of weighing education, experience, job complexity, managerial responsibility and respon- sibility in serving the public needs: and WHEREAS, a comparison of the salaries of these managerial positions in the City of Dubuque was made with comparable positions of other major Iowa cities and from statistics in na- tional publications: and WHEREAS, as a result of these posi- tion evaluations and salary analysis it is evident that adjustments in salaries of certain managerial positions in the City of Dubuque are necessary to eliminate inequities. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the City Manager be authorized to make salary adjustments of various positions in the City of Dubuque 1976 Salary Plan as identified on the at- tached exhibit. Passed, approved and adopted this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by tbe fol- lowing vote: Yeas - Mayor Lundh, Councilmen Tully, Wertzberger. Nays - Councilman Brady. Absent - Councilman Stackis. November 12, 1976 To tbe Honorable Mayor and City Council This is to advise you that the City of Dubuque 1976 Asphalt Paving Project No.2 (English Lane) has been complet- ed in accordance with the City of Dubuque plans and speciflcationa. I, therefore, recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Special Session, November 15, 1976 563 Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Final Estimate RESOLUTION NO. 405-76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No.2 (English Lane) from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $40,886.56. That $29,117.90 of the cost thereof shall be assessable upon private proper- ty and $11,768.66 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richord Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 406-76 WHEREAS, the contract for the City of Dubuque 1976 Asphalt Paving Project No.2 (English Lane) from the S.P.L. of Mt. Loretta to the W.P.L. of Sullivan Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the CityCoun- cil of the City of of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby dir- ected to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's Intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. RESOLUTION 407.76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, tbat the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City, E.R. Carpenter Co., 9th and Jackson Streets Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor 564 Special Session, November 15, 1976 Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 406-76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Loras College, Alta Vista & Loras Blvd. CLASS "C" BEER PERMIT Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2255 J.F. Ken- nedy Road Hartig Drug Company, 2255 Central Avenue Lucky Stores, Inc.. 200 South Locust St. Thompson's Food Markets, Inc. Oky Doky 6, 1256 Iowa Street Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger JamesE. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 409-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to tbe following named applicants a Beer Permit. CLASS "B" BEER PERMIT Loras College, Alta Vista St. and Loras Blvd. CLASS "C" BEER PERMIT Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2255 J.F. Ken- nedy Road Hartig Drug Company, 2255 Central Avenue Lucky Stores Inc., 200 South Locust Street Thompson's Food Markets, Inc., Oky Doky 6, 1256 Iowa Street Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. RESOLUTION NO.410-76 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Crane Enterprises, Inc., 2245 Kennedy Road Shirley Mihalakis, (Also Sunday Sales), 574 E. 16th Street Lowrie E. Smith, (Also Sunday Sales), 521 E. 22nd Street Town Clock Inn, Incorporated, Nesler Centre, 8th & Main Sandra Leppert, (Sunday Sales), 1103 Iowa Street Hazei E. Koeller, (Sunday Sales), 2987 Jackson Street Special Session, November 15, 1976 565 Passed, adopted and approved this 15th day of November, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 411-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be Issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Crane Enterprises, Inc.. 2245 Kennedy Road Shirley Mihalakis, (Also Sunday Sales), 574 E, 16th Street Lowrie E. Smith, (Also Sunday Sales), 521 E. 22nd Street Town Clock Inn, Incorporated, Nesler Centre, 8th & Main Hazel E. Koeller, (Sunday Sales), 2987 Jackson Street Sandra Leppert, (Sunday Sales), 1103 Iowa Street Passed, adopted and approved this 15th day of November, 1977. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundb, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. October 4, 1976 To the Honorable Mayor and City Council I would recommend that the petition of Mr. Runde to construct a wall in the alley behind Lot 29 in Althuser's Sub- division be denied, in lieu of the following. Mr. Runde should remove his flll in the alley down to the previous grade along the property line of Mr. Welter's side of the alley, and also remove the fill and extension in height of the concrete slab wall which crosses the alley behind Mrs. Nutt's lot. After the fill is removed I would recommend that Mr. Runde be granted the privilege to come up from the exist- ing grades on a two-to-one slope to the grade he has proposed as being nearly level with his garage floor. This slope shall be sodded and maintained by Mr. Runde, and the top edge shall have some type of precast concrete bumper blocks installed. This will approximately restore the alley aiong Mr. Welter's side to its original grade and allow Mr. Runde access to his garage. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the City Manager's recommendation of October 4th be adopted and compromise sub- mitted by City Engineer as an interim solution, be submitted. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. AT 9:15 P.M. Councilman Tully moved to go into Executive Session to discuss Personnel, Appointments and pending Land Acquisition. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. Council reconvened in Regular Ses- sion at 9:52 P.M. Mayor Lundh announced the follow- ing appointments: William Woodward to the Dock Board for a three (3) year term expiring 11-26-79; and Charlotte Kelly, Don Hingtgen and Allan Chidley to the Rehabilitation Commission. Councilman Tully moved ratification of 566 Special Session, November 15, 1976 the appointments. Seconded by Coun- cilman Wertzberger. Carried by the foi- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Councilman Stackis. There being no furtber business, Councilman Wertzberger moved to ad- journ, Seconded by Mayor Lundh. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Tully, Wertzberger, Nays - None. Absent - Councilman Stackis. Leo F. Frommelt City Clerk Approved 19- Adopted 19- ....,.......... ................ ....................... .............. ........"..... Councilmen Attest: .. City Clerk ........".... -- - Regular Session, December 6, 1976 567 CITY COUNCIL OFFICIAL Regular Session, December 6,1976. Council Met at 7:30 P.M. (C.S.T.) Present - Mayor Lundh, Council- men Brady, Slackls, Tully, Wertz- berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service tbereof had been duly made and this is a REGULAR MEETING of the Council called for the purpose of acting upon such business as may properly come before the Meeting. Kerin Moldenhauer, Sandy Sander- son and C. Robert Justmann, members of the "Operation Sleigh" Committee submitted a report of their activities concerning the Christmas project for the D.S.S. Dubuque: 100 dozen Christ- mas Cookies, donated by James Sutter of Moes Bakery,; 2 boxes Betty Jane Candy donated by John Heinz: Assorted Christmas Candies donated by Cliff Walsh of the Walsh Stores, and 600 Christmas Cards by Sister Tresa Klein of Mt. St. Francis Convent were sent to the crew and officers of the ship. Communication of Dubuque Ambas- sadors requesting an audience to pre- sent awards recently won in the Iowa Community Betterment Contest, pre- sented and read. Mike Keegan, Chair- man of Dubuque Ambassadors, ad- dressed the Council stating this is the third year in a row that the City of Dubuque Ambassadors have been recognized by the State of Iowa: City was awarded 2nd place: Received a check for $300,00, which was presented to the City. Councilman Stackis moved that the communication of Dubuque Ambas- sadors be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of November 11, 1976, presented and read. Councilman Tully moved that the minutes be received and filed, Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Planning & Zon- ing Commission submitting minutes of their meetings of November 17 and December I, 1976, presented and read. Councilman Tully moved that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Housing Commis- sion submitting minutes of their meet- ing of November 16, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dock Commission submitting minutes of their meetings of November 3rd and IOtb, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of November 9, 1976, presented and read. Councilman Tully moved tbat the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeass- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Airport Commission submitting minutes of their meeting of November 10, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of DMATS submit- ting minutes of their meeting of October 28, 1976, presented and read. Council- man Tully moved that the minutes be received and filed, Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: , Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Citizens Advisory Commission submitting minutes of their meeting of November 23, 1976, presented and read. Councilman Tully moved tbat the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen