Y Roll_37 Part 1START OF RETAKES FOR ROLL NO.
ROLL NO. 37
Session, June 21, 1976
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
communication AnneaTV Channel
objecting proposed
and being used to replace Channel 11,
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 Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque County
Historical Society complimenting the
renovation of the first floor of the City
Hall and it would now seem appropriate
to remove the temporary office to per-
mit beautification of the setting around
City Hall, presented and read. Council-
man Tully moved that the communica-
tion be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Clarence C. Faust
Jr. submitting names of two persons to
meet with two councilmen to work out
a compromise on the new Zoning Or-
dinance relative to storage of Recrea-
tional Vehicles, presented and read.
Councilman Stackis moved that the
communication be received and filed
and referred to the Mayor. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mayor Lundh appointed Councilmen
Brady & Stackis to assist with
compromise.
Communication of Bill Herrig of 2855
Brunskill supporting the proposed City
Plan for orderly development by annex-
ation, presented and read. Councilman
Stackis moved that the communication
be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Federa•
tion of Labor relative to Mr. Floyc
Whitney as a possible appointee to the
Community Development Commission
presented and read. Councilman Stacku
moved that the communication bi
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 Five Flags Execu.
tive Committee advising of architectur-
al report on the multi-purpose audita
rium proposal and requesting it be placed
on the ballot at a special referendum as
soon as possible, presented and read.
Councilman Wertzberger moved to sus.
Pend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mrs. F. Benjamin Merritt and Bob
Runde spoke relative to the commu-
nication, requesting approval of referen-
dum and suggesting date of August 17,
1976; Complete bond issue would be for
$3.7 million.
Councilman Stackis moved that the
communication of Five Flags Executive
Committee be received and filed and
referred to the City Manager for proper
proceedings and referendum be set for
August 17, 1976. Seconded by Council-
man Wertzberger. Carried by the' fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Teleprompter
Corp. submitting financial statements
for the year ending December 31, 1975,
presented and read. Councilmen Tully
moved that the communication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays — None. June 11, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has received the
petition of Mr. William Giese of Giese
Company, hereto attached, requesting
reinstatement of a zoning classification
on their property comparable to that
which existed prior to the adoptiondbed
the new Zoning Map in located at the
1975. The property is
southeast and southwest corners of the
intersection of East 30th Street and Elm
Street in the City of Dubuque, lows.
The subject properties are described
as Lot 48 and Lot 49 of Glendale Addi-
tion, and are zoned 11-3 Residential and
C-1 Commercial on the current Zoning
Map, but had been classified in the H•I
Special Session, June 21, 1976
Heavy Industrial District and L-1 Light
Industrial District prior to September,
1975. The Planning and Zoning Com-
mission will review this petition at their
meeting of June, 16th.
Daniel Dittemore
Development Planner
Councilman Tully moved that the
communication be referred to the Plan-
ning & Zoning for proper proceedings.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque County
advising of a public hearing to be held
on July 12th by the Board of Supervisors
for the purpose of vacating portions of
Elbow Street and Brunswick Street,
presented and read. Councilman
Wertzberger moved that the commu-
nication be referred to the City Manager.
Seconded by Councilmen Stackis. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
June 17, 1976
Honorable Mayor
and City Council
I herewith submit the reports of the
City Treasurer, Finance Director, Water
Superintendent, Health Department,
and a list of claims paid for the month of
May 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
June 16, 1976
To the Honorable Mayor
and Members of the
City Council
I have approved the following bonds
and certificates of insurance for filing
and desire to have your approval of
same.
SIDEWALK CONSTRUCTION BONDS
Tri-State Paving Co.Bond No. IA
253634, $1,000 The Merchants Mutual
Bonding Co. to 7.29-77.
Carl Blosch, Bond No. 55-54451, $1000
United Fire & Casualty to June 14,
1977.
GENERAL LIABILITY POLICIES
Interstate Power Co., Policy No.
CF -3381682A to 6-1-77 covering leased
Pollution control projects for the City
of Dubuque.
287
Swift Plumbing & Heating Co., The
Ohio Casualty Insurance Co. to
5-20.77 Policy No. CAG 882552.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed
and filing be approved. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
To the Honorable Mayor June 18, 1976
and City Council
We have been notified by the State
that the CETA II Program will continue
through January 31, 1977. Presently the
City functions as a program agent for
the state under CETA Title 11 and CETA
Title VI.
The Personnel Manager is attending a
meeting today, June 18, in Des Moines
to ascertain more details on the pro-
gram for the upcoming seven months. It
is our understanding that employees
now under CETA VI may be transferred
to the program CETA If. We further
understand that $223,395 will be avail-
able under CETA II in the period July 1,
1976 through January 31, 1977.
We believe there is merit in the City
continuing to function as program
agent for the CETA program for outside
non-profit agencies and also for the
City. Therefore, we would like to have
the opportunity, at the regular council
meeting on Monday, June 21 to explain
details on the program for the suceeding
seven months and the role that the City
may play in the administration of this
program.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully.
Nays — Councilmen Brady, Wertz-
berger.
RESOLUTION NO. 217.76
Resolution authorizing the Mayor
to sign a contract for the Adminis-
tration and Operation of a Public
Service Employment Program
under Title II of PL 93-203.
WHLRLAS, the Federal Government
has enacted the Comprehensive Em-
ployment and Training Act Title 11 and
has made funds available to hire unem-
ployed people; and
544
Session, November 1, 1976
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 of the 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 of 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
1, 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 Cit_v 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-
San!
Rate of
Year
Amount
Numbers
Interest
1978
$ 50,000
1- 10
44%
1979
150,000
11- 40
414
1980
175,000
41- 75
4%%
1981
200,000
76-115
414%
1982
200,000
116-155
4%%
198.3
225,000
156-200
414%
1984
250,000
201-250
414%
1985
250,000
251-300
444%
1986
275,000
301-355
41h%
1987
275,000
356410
4.80%
1998
300,000
411470
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 of the 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 of 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
1, 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 Cit_v 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 545
peering 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 of Coupon)
No. $
On_ --, 19— the Treasurer of the
Date of Name of
Registration Registered Owner
On the back of each bond there shall
be endorsed a certificate of the City
Treasurer in the following form:
Citv 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 the City of
Dubuque, Iowa.
Uction 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 S. 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:
(1) the said City has heretofore in-
cunred 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 2-1/s% 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 1.
1979, for the purpose of paying the cost
of said facilities, said date being within
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 1, 1976,
No. --.
City Clerk
Signature of
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
aro 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 charge 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 103(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 1), 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 103(d) or
regulations promulgated thereunder
shall be repealed or relaxed or shall be
END OF RETAKES FOR ROLL NO.
ROLL NO. 37
START OF RETAKES FOR ROLL NO.
ROLL NO. 37
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OFFICIAL PROCEEDINGS
OF THE
CITY COUNCIL
OF THE
CITY OF DUBUQUE
IOWA
FOR THE YEAR
1976
CITY OFFICERS FOR THE YEAR 1916
COUNCILMEN
ALVIN E. LUNDH, Mavor
,lames E. Brady
Thomas A. Tully, Jr.
Emil Stackis
Richard Wertzberger
City Clerk .................................
Leo F. Frommelt
City Solicitor ..............................
. .... R. N. Russo
Assistant City Solicitors .....................
William G. Blum
Barry A. Lindahl
CITY MANAGER
GILBERT D. CHAVENELLE
Director of Public Works .............
Francis A. Murray 10/ 11
Assistant City Manager ............
Francis A. Murray 6/14/76
Gent Wittenberg 11 /23
Administrative Assistant ....................
Gerald J. Koppes
Personnel Director ....................
Walter Bockes 5/31/76
Harold Warell 10/18-12/15/76
Program Planner ............................
Pauline J. Joyce
Finance Director .............................
A. G. Heitzman
Deputy Finance Director .........................
Gerald Hird
City Engineer .........................
John L. White 6/14/76
Acting City Engineer ...................
Michael A. Koch 6/15
Building Department Commissioner
... Donald J. Bandy 2/13/76
Richard Feyen 8/25
City Assessor ..............................
James J. Gregory
Chief of Fire Department ...................
Robert N. Dunphy
Chief of Police .............................
Robert J. O'Brien
Coordinator, Office of Disaster Services .......... Robert Gooch
Sup't. of Water Works ..............................
J. J. Hail
Street Commissioner .......................
Merle Felderman
Director of Recreation .......................
Terry Trueblood
Planning Director ..........................
Daniel Dittemore
Electrical Inspector .........................
Edward O. Alber
Health Director .....................
Kenneth K. Hazlet, M. D.
Health Administrator ..............................
A. J. Roth
Sanitary Officer .............................
LaVerne Goerdt
Food and Restaurant Inspector .................
Rex Brammer
Plumbing Inspector ....................
Richard Feyen 8/24/76
Library Director ..........................
William G. Fullmer
Sup't. Of Parks ..............................
Richard Kramer
Airport Manager .................................
Jeff Molid
Community Development Director
.... Gent Wittenberg 6/14/76
Daniel Dittemore 11/23
Dock Commission Manager .....................
Shirley Lang
Human Rights Director and E.E.O.
............ Mathias Lorenz
Regular meetings of the City Council are held on the
First Monday of each month at 7:30 P.M.
71
INDEX -BOOK 106
1976 SUBJECT Page
A
Jan. 5 -American Trust & Savings Bank named deposi-
tory for the City. 2
5-Allendorf, Wm. & Darlene Granted Cigarette Li-
cense. I .. I .......... I ... I ............... 1.. 5
12 -Air pollution relative to leaf burning submitted by
D.E.Q. .. 7. 31
12 -Advisory Commission relative to Gun Control Ordi-
nance . ................ ................. 7,202,338, 353
12 -American Legion requesting to sell poppies on
May 15,1975 . ................................ 11
" 12 -Alberts, Dick, objecting to extension of Highway
ss52. ... ....... ................. I ... I..... 11
12 -Advisory Commission, appointments to same. 13, 178, 270
26 -AFL-CIO expressing appreciation involving a re-
duced fare for unemployed. 15
26-Althauser St., Lynn & Mary Jo Beauchamp request-
ing removal of fence from alley behind same. 15, 188
26 -Airport Commission submitting minutes of their
meetings..'.- - 15,76,
114. 150, 180, 229, 285, 320, 381, 431, 483, 531.567, 594
26 -Arent Shoe Co. by Attorney H. F. Reynolds re-
questing settlement of claims incurred for moving
expenses during Urban Renewal Program. ...... 19
26 -AGREEMENT, execution of same with City and
D.O.T. for repaving of Jackson Street from 12th
Street to Diamond Street. . .. 25, 116, 125, 186
26 -Andresen, Thomas, Granted Beer & Liquor License
and Cigarette License 29,307
Feb. 2 -"Anthony, Susan B." Day February 15, 1976. .... 31
2-A & W Restaurant Drive -In owned by Roger Rom-
mel, City Solicitor submitting findings on same. 32
2 -AGREEMENT, SERVICE, with Dubuque Metro-
politian Area Solid Waste Agency Solid Waste
Agency and City of Dubuque (Member) approv-
ed
... 35,114, 121
2 -Annexation to the City, objections to same.. ..... .
. 45. 120, 156, 315, 533, 587
2 -"Asbury Springs Subd. No. 2" final plat approved
by P & Z. (POWERS) ...
2 -Agreement 28E, authorizing City Clerk to advertise
for bids for Communications Equipment for
Phase II of the County -City Telecommunications 48
Plan under same.
..................
9 -Advisory Commission submitting minutes of their
meetings.
53, 86, 202, 229, 263, 320, 381, 431, 483, 531, 567
9 -Area "C" Committee, Dock Commission request 53
ing to meet with same for planning. . • •
9 -Alpha Phi Omega Fraternity at Loras College re-
questing to distribute tags on March 20th declared
as "Shamrocks for Dystrophy" Day. 56
9 -Armory, National Guard, relative to location offer 58 72
from School District.
" 16 -Annexation Policy submitted by Planning - Zon-
ing. 61, 288.310, 314, 350, 428
INDEX -BOOK 106
1976 SUBJECT Page
16—Admiral Street, Mettel Realty & Investment Co.
requesting permission to install street lights on 63, 87
same.
16—AGREEMENT, to Sewer Service approving same
between the City and Dubuque Packing Company, 68
dated December 31, 1975.
23—Allendorf, Donald, Mayor of East Dubuque, rela- 76
five to TV Franchise and paid TV. . . .
23—Advisory Commission submitting a Citizens Sur -
77, 531
vey.
23—Avenarius, Richard R. & Mary Kay, requesting va-
cation of a portion of alley adjacent in Althauser
Subd. 80
23—American Legion requesting flying the National
Colors from the flag pole at City Hall... 80
23—Asbury Flow Measuring Station on Radford Road
to the twelve (12) inch Catfish Creek Interceptor
Sewer, establishing a Connection Charge for the
twelve (12) inch Vitrified Tile Sanitary Sewer
from the same. 82, 124
Mar. 1—AUDITOR'S Report of the State, for 18 month peri-
od Jan. 1, 1974 thru June 30, 1975 submitted. 87
" 1—Arbor Oaks Neighborhood objecting to rezoning re-
quest of James Schwers. 88
1—A -OK Yellow Cab Co. requesting taxi fare rate in-
creases. 92
" 1—Apartments, Ltd., Granted Beer & Liquor License 99
8—Asbury Spring Sub. -2, construction permit. submit-
ted by D.E.Q. .... 102
8—Agreements for collective bargaining Unions for
period of July 1, 1976 thru June 30, 1977, recom-
mendations of fact -finder. 103
10—Application of filing for a Community Develop-
ment Block Grant. 112, 196, 222
22—Aird, James A. requesting vacation and purchase
of lot at 645 N. l urden St. 120, 202
22—A.R.A. (U of D) t ranted Cigarette Licenses. 126
22—Astgen, Thomas M., gr,,nted Beer Permit and Cig-
arette License. ... . .. . . 127, 308
29—Amendment to Flynn Ready Mix Concrete Co.
Lease, submitted by Deck Commission. 1 131, 175, 206
29—AGREEMENT between Iowa Dept. of Transporta-
tion and Dubuque Air,)ort Commission for asphalt
overlay of 3 mches on runway 18.36. 137, 468, 478
29—Asbury Spring Subdivision No. 1 final plat approv-
ed. (Kaiser) 138
Apr. 5—Annual Budget, Notice of hearing and adoption of
same. 149
" 12—"AWBA Scholarship Month in Dubuque, Iowa",
month of May, 1976. . . 1 167
12—Arndt, Edward John, Notice of personal injuries
claim. 168
" 19—ANNEXATION, Mayor Lundh requesting possible
referendum to be held with General Election in
November . ........... .. .... . 1 1 180, 377, 587
19—Asbury Springs Sub. No. 1, requesting street light-
ing. .. ........ ... .. 182, 192
" 26—Apel, Edward, Sidewalk construction continuation
certificate submitted. 193
INDEX—BOOK 106
1976 SUBJECT Page
" 26—American Trust & Savings Bank as Trustee for
Clem McGuire Trust, Notice of personal property
damage claim. . . . .. ..... ... ........
193
" 26—Annexation requested by Richard Henschel, for
Black Forest . .... ........................ 196,248, 293
May 3—Airport, practice field for the Colt .45 or-
ganization. ..................................
201
3—Advisory Commission, recommendations to the
Uniform Pricing Code. ............... ..... ..
201
" 3—Alpine Street, objections to repaving of same in
1976 Asphalt Paving Project No. 1. ......... ..
210
" 3—Ashton Place, objections to repaving same in 1976
Asphalt Paving Project No. 1 . .............. ..
210
3—Alpine Street DELETED from 1976 Asphalt Paving
Project No. 1 . ................................
211
" 3—ASHTON PLACE RETAINED in 1976 Asphalt Pav-
ing Project No. 1 . ............................
211
10—Adams, Javaune, Notice of Suit, incident occuring
at Carnival Lounge . ..........................
220
" 10—Agreement with DOT for FAUS Funds for recon-
struction of Jackson Street from 12th to 22nd Sts.
224, 255
" 17—Allison Henderson Park, prohibiting the consump-
tion or use of intoxicating liquor, wine or beer in
same. . ........ I .. .......................
233
17—A -OK Yellow Cab, granted rate increase. .........
235
17—Ames Realty, Inc. Authorizing the Execution of a
Certificate of Completion for same . ............
238
" 24—Alt. Dennis of DEQ, relative to waterplant expan-
sion.
252
24—Ambassadors, Dubuque, relative to 1976 Iowa
Community Betterment Program. ..........
257
June 1—"American Folk Arts Week", June 13th to 19th.
263
1—Ackerman, David, Notice of Car Damage claim. ..
265
7—Auditor of State, submitting Audit Report of major
disaster claim. .............
271
" 7—American Legion Granted Beer -Liquor License &
Cigarette License. ... ..
283, 307
" 21—Annexation, proposed, being in favor of same..... .
286,512,
531
21—Auge, Tom requesting better water pressure in
Fulton St., King St., Greeley St., and Monroe St.
area.
296
" 21—Asbury Springs x2, street lights installed in same...
297
21—Agreement with the U.S. Dept. of Housing and Ur-
ban Development for authorizing the execution
of a Community Development Block Grant same.
301
21—Arbor Oaks Sub., Planning & Zoning approving
same. (Schwers)
306, 312
" 21—Adams, Charles granted Cigarette License.
307
21—Aquinas Institute School of Theology granted Cig-
arette License. . I .......................
307
" 21—Andresen's United granted Cigarette License. ..
307
21—Andresen, John C. granted Cigarette License.
307
21—Arvanitis, George K. granted Cigarette License.
307
" 21—A.Y. McDonald Mfg. Co. granted Cigarette Li-
cense.307
21—Allendorf, William granted Cigarette License.
308
July 6—Adams, Leo A., et al, requesting to reconsider
paving of English Lane.
327
INDEX—BOOK 106
SUBJECT
Page
1976
" 6—Auditor of State requested to examine financial
for all other City
conditions and transactions
Funds, CPA Firm of O'Connor, Brooks to audit
Water Utility, Parking & Sewage Facilities for
328
period July 1, 1975 thru June 30, 1976............
6—Advisory Commission by Howard Hagen relative
338
to use of City Hall Building. ....
for series of Bicentennial
382
Aug. 2—Audigtn of nWater Departmentt oks
O'Connor. Bro
and Co. for period of July 1, 1975 to June 30, 1976
submitted. ..• ... ••.•
383
16—American Diabetes Assn. requesting Bike-A-Thon
412
on September 26th. ............ •.• •I
of
16—Asbury Springs Subd. No. 3, approving plat
416
same. (POWERS)
16—AGREEMENT, ESCROW, authorizing the execu-
tion of same to provide for the payment of $105,000
Water Revenue Bonds, 1962 Series, of the City....
418
" 16—AGREEMENT with Iowa DOT and City to con-
struct a left turn lane and signal modification to
the intersection of Highway 20 and Wacker Drive.
420
" 16—American Veterans WWII Korean -Vietnam grant-
ed Beer & Liquor License .....................
423
Sept. 7—Airport Commission advising of expiration of term
of Stacey Murdock. 436,
465
" 7—Area "C", Dock Board relative to cleaning of
451
same. . ........ ..
.... . .............
7—AGREEMENT, Operating, between Dubuque Met-
ropolitan Area Solid Waste Agency and the City
of Dubuque approved.
455
" 13—Airport Commission submitting high priority for
local share funding.........
468
" 13—Agricultural Land Tax Credit list submitted by
City Manager.
468
" 27—AGREEMENT with Mihalakis et al and Schwartz
et al, to purchase real estate described as "Block
2 in kiverfront Subdi inion No. 2" from same.
480
Oct. 4—Accessability for hanJici pped, Human Rights
Commission relative to sa ne.
484
4—Alvis, J. Robert 111, Notice of car damage claim. .
486, 572
" 4—American Interinsurance Exchange, subrogation
rights, behalf of Keitl Marugg, Notice of Claim.
486, 513
" 4—AMENDMENT TO 1 UDGET, authorizing City
Clerk to publish same.
506. 541
" 18—ANNEXATION approved by STATE OF IOWA
CITY DEVELOPMENT BOARD. .. 511.554,
568
" 18—AGREEMENT, Form of, submitted by 5 Flags
Civic Center for Architects Bowen -Kanazawa.
519
" 18—Albert, Richard F., granted Cigarette License.
526
Nov. 1—Advisory Commission endorsing proposed annex-
ation.
531
" i—Asbury Fire Department & Dubuque Fire Depart-
ment, Irene Behnke expressing concern over
same.
532
l—APPLICATION for rehearing and/or reconsider-
ation relative to annexation petition by Robert r
Budde . ....... ...... 5;1s, ` ti6,
587, 595
" 1—Adult Entertainment establishments, PublrL 6r;,r
ing to bs., t„ _^ )n s sme
539
INDEX—BOOK 106
1976 SUBJECT
Page
" I—ARTICLES OF AGREEMENT forming the East
Central Intergovernmental Association, approv-
ing amendment to same. .. ... ...... 1
547
" 15—Area "C", Dock Commission advising of seminar
relative to same . .............................
555
" 15—Affirmative Action annual report submitted by
City Manager.
5
Dec. 6—Ambassadors of Dubuque, presenting awards won
in the Iowa Community Betterment Contest. ....
567
6—Annual Financial Report for year ending June 30,
1976 submitted by Finance Director. ...........
569
" 6—AGREEMENT, Grant, approving execution of a
1st amendment from Administrator of the Fed-
eral Aviation Administration . .................
580
20—Award for Historical Preservation and Restoration
in the City for Five Flags Theatre. ..............
594
20—AGREEMENT, with Loras College for use of San
Jose Center as amended submitted by Recreation
Director . ....................................
595
" 20—Adult Entertainment, Planning & Zoning relative
to establishing areas for same . ............... .
598
INDEX—BOOK 106
1976 SUBJECT
Page
B
Jan. 12—Bisanz, Mr. & Mrs., objecting to installation of
8
e.
street light between 950 & 960 DavisAve.
12—Beecher, Betty, objecting Highway
II
=52.
" 12—Brady, Councilmen recommending to scrape
couple of Central
F.A.U.S. Funds for the one-way
I I
Ave. & White Street.
12—Blewett, Harry A. & Margaret J., disposing of in-
terest of a 2.5 foot wide easement in Lot 12 in
Block 2 in exchange for a 2.5 foot wide easement
in Lot 21 in Block 2 in Sunset Park Subd. No. 3, to
1 I 45
same. .........
" 12—Beauchamp, Lynn, appointed to Advisory Commis
13
sion. .............................
26—Beauchamp, Lynn J. & Mary Jo, requesting remov-
al of fence from alley behind 1010 Althauser.
15. 188
" 26—Boge, Cyril request for rezoning property at 2349 &
2365 University Avenue denied by Planning &
Zoning ...........
17
" 26—Buelow, Robert, on behalf of Colt .45, requesting
representation at budget workshop in conjunction
with the Community Development Program. .
22, 86
" 26—Burke, Josephine, Granted Beer & Liquor License.
29
Feb. 2—Brady, Councilman requesting establishing a
$4.75 gate fee at proposed landfill.
44
" 2—Berrybrook Corp. requesting to sell box candy on
Feb. 7th. (DENIED)............... ... ......
45
" 9—Block Grant Funds, Community Development to
study same. ......................... ....
53, 60
9—Badger, Phil, objecting to grief caused in neighbor-
hood of Gomers. ....
53
9—Beautification Committee offering "Dubuque -A
Place to Live" sign on the footbridge over High-
way 20 near St. Joseph's Church ........ .......
54
" 16—Brady, Councilman requesting consideration be
given to enlarge Police Force. ..
63
" 23—Brant, Carl N., Granted Beer & Liquor License &
Cigarette License. .... . ....................
83, 282
" 23—BUDGET, Recommended same for Fiscal Year
1977 submitted by City Manager . ............ 83.144,
149
Mar. 1—Billington, Mary, relative to 2nd & 4th St. Neighbor-
hood lighting . ...............................
86
" 1—Brotherton, Douglas, objecting to rezoning request
of James Schwers. .......... ......
88
1—Burbach, Carl, requesting reconsideration to Dock
Board Ordinance . .......................
88
" 8—Bries, Rev. relative to G.A.I.N. ........ ....
101
" 8—Bargaining agreements for period July 1, 1976
thru June 30, 1977, recommendations of Fact -
Finder submitted by Asst. City Manager.
103
" 8—Gott, Mrs. Freida, Notice of Personal Injuries
Claim. ......................................
105.'246
" 10—BUDGET, proposed submitted by Community De.
velopment Block Grant Program. . .. - ... ....
112
10—Block Grant, filing of an application for a Commu.
nity Development same. . ..... I .... 112,
1%, 255
INDEX, BOOK 106
1976 SUBJECT
Page
" 22—Bicycle Routes requested by Robert Hohmann &
Amy Dolan. ...... .............
115, 156
" 22—Buelow, Yvonne R., objecting to annexation. .....
120
" 22—Barony Woods Area residents objecting to annexa-
tion. ......................................
120
" 22—Bonds, Solid Waste Disposal Revenue same, ap-
proving the issuance of $1,700,000 of the Dubuque
Metropolitan Area Solid Waste Agency..........
122, 189
" 22—"Beautify Dubuque Week and Month" during
month of May, 1976 . ..........................
125
" 22—Bunker Hill Golf Course, Richard Winsor request-
ing Beer Permit for same . .....................
128, 147
" 29—Bertsch, Robert, Atty. for Thru-put Terminals
Inc., requesting consent to Assignment of Dock
Commission Lease with same . .................
136
Apr. 5—BUDGET, Notice of Public Hearing and adopting
the annual budget. ...........................
149
" 5—Bartmann, Theodore C., Granted Cigarette Li-
cense & Beer & Liquor License . .............165,166,
307
" 12—Bicentennial Projects, submitted by Mary Jo Keat-
ing . .........................................
107, 219
" 12—Beaves, George appointed to Rehabilitation Com-
mission . ....................................
178
" 19—"Bicentennial Beard Growing Time". ............
179
" 19—Beautification Committee requesting project ap-
proval . ......................................
180
" 19—Bemis, Harry, relative to sponsor fee increase for
softball . ...................................
182
" 19—Billington, William R., objecting to resurfacing of
Jackson St . ..................................
183
" 26—"Better Speech and Hearing Month" proclaimed
for month of May . ............................
191
" 26—Buelow, Don, relative to Colt .45's request for Bi-
centennial Contest. ..........................
196
" 26—Black Forest, annexation requested by Richard
Henschel. ... ...... I., .................. 196,248,
293
" 26—Bisping, Herbert F. Granted Beer Permit. and Cig-
arette License . ...............................
198, 421
May 3—Broken Spur owned by Franklin Presley, hearing on
liquor license for same . .......................
202, 227
" 3—BONDS, SEWER, providing for the issuance of
same for J.F.K. Rd. Sanitary Sewer . ............
208
" 10—Bandy, Merle, relative to Hill St. Neighborhood
recognition . ....... .........................
218
" 17—Bicentennial Queen & King Contest, publicize by
Wa-tan-ye Club . ........ ...............
228
" 17—Bikeway Demonstration Program, DOT submitting
information relating to same . ..................
229
" 17—Berkley & Oak Crest intersection, Mrs. Charles
Cushing requesting yield, stop, or speed limit
sign at same. ..........................
236, 322
" 17—Brune, Wm. J., relative to proposed impoundment
structure on north fork of Catfish Creek.........
239
" 17—Boehmer, Harold, relative to proposed impound-
ment structure on north fork of Catfish Creek....
239
" 17—Bandy, Merle, appointed to Community Develop-
ment Commission. ...... I ..... ...
241
24—Burbach, Carl, reclassify request for Buena Vista
Subd................................. ...247.292, 391
INDEX—BOOK 106
1976 SUBJECT
Pave
" 24—BONDS, Water Revenue, fixing a date for the initia-
tion of proceedings for the issuance of $7,000,000.
for same. 253, 275
June 1—Bethany Home submitting copy of their annual
audit.
264
" 1—Biederman, Louise, requesting suspension of tax-
es. ................................
264
" 1—Bodish, Ann, requesting suspension of taxes.
264
" 1—Bradley, Helen, requesting suspension of taxes.
264
" 1—Bitter, Joseph J., representing Bisenius &
Garms, relative to access of CulDe-Sac reference
to Pego Court ..................................
265
" 1—Beecher Co., Granted Beer Permit & Cigarette Li-
censes(2).................................. 269, 307
" 1—Bar X, granted Beer -Liquor License & Cigarette
License . .................. 269, 345
" 7—BONDS, Solid Waste Disposal Revenue, authoriz-
ing sale and issuance of $1,700,000 Same. ..
277
" 7—BUDGET, Amending FY'76, to allow for CETA
and Five Flags Theater . ....................... 279, 297
" 7—Baum, William, Granted Cigarette License and
Beer Permit . ...................... .......... 282, 608
" 7—Billikas, Wm., granted Cigarette License & Beer -
Liquor License . ... ... ...... .. ... 282, 474
" 21—Bonnett, David, appointed to 5 Flags Center Task
Force. ..................................
285
" 21—Behr, Irvin, appointed to 5 Flags Center Task
Force. .....................................
285
" 21—Brown, Robert, appointed to 5 Flags Center Task
Force . ...................... ...........
285
" 21—Brady, Councilman, appointed to assist with com-
promise regarding storage of recreational vehi-
cles. .......................................
286
" 21—Brunswick & Elbow Sts., vacating portions of
same by County Bd. of Supr................... ..
287
" 21—Blosch, Carl, Sidewalk Construction Bond submit-
ted. .........................................
287
" 21—Brown, Mrs. Louis et al, requesting installation of
street light between Needham & Prospect Sts....
297
" 21—Block Grant Agreemert with the U.S. Dept. of
Housing and Urban Development, authorizing
the execution of a Community Devt:lopment
same. .......................................
301
" 21—"Birch Acres" plat approved by Planning & Zon-
ing . .............. ..... .. ......
306
" 21—Becker, Robert L. Granted "C" Beer Permit &
Cigarette License.
307, 309
" 21—Big "G" Steak House granted Cigarette License &
Beer Permit . ........................... .....
307, 551
" 21—Birch Oil Co., granted Cigarette License (2) ......
307, 308
" 21—Brown Publishers, Win. C., granted Cigarette Li-
cense.
307
" 21—Bunker Hill Pro Shop granted Cigarette License.
307
" 21—Burger King No. 1100 granted Cigarette License.
307
" 21—Railey, Edward granted cigarette License & Beer -
Liquor License . .......... ..... . .. .
307, 310
" 21—Burton, Richard J. granted Cigarette License
307
" 21—Bauer, Daniel W. granted Cigarette License
307
" 21—Bishop Buffet granted Cigarette License. ..
307
INDEX—BOOK 106
1976 SUBJECT Page
" 21—Burke, Josephine A. granted Cigarette License. ..
307
29—BIDS read for construction of Improvements and
Extensions to the Municipal Waterworks. .......
316
July 6—Buena Vista Subd., D.E.Q. issuing construction
permits for Water Treatment & Solids Handling
412
Facilities & Water Main Extension of same. . .
320
6—BONDS, WATER REVENUE, issuance of same in
423
amt. of $5,700,000. for expansion of Water Treat-
ment Plant . ...............................343,361,
424
" 19—Bonnett, Dave, report on 5 Flags Civic Center Ref-
erendum. ..............................
348
" 19—Broughton, Robert Granted Cigarette License.
376
Aug. 2—BUS OPERATOR Exams results submitted by
Civil Service Commission . ....................
381
2—Bicentennial Paintings Assignment submitted by
436
Dubuque'76Inc. . ...........................
382
2—Beauchamp, William, Notice of personal injury
claim. . ...................................
383
" 2-13lock Grant Projects, authorizing submission of
a request for release of funds for certain Commu-
nity Development same . ......................
386
" 2—Boyes, Verne, objecting to W. 32nd Sanitary Sewer.
389
" 2—Bitter, Attorney, on behalf of Agnes Steines & Her-
man Steines, objecting to W. 32nd Street Sanitary
463, 476
Sewer. ............................... ......
389
" 2—Boge, Clyde, objecting to W. 32nd St. Sanitary Sew-
465, 525
er. ..........................................
389
U P1 i
bd N 1 Bb &
2—Buena Vista Su . o., ( ur ac ), ann ng
Zoning approving plat . .......................
391, 561
" 16—Bullock Company Inc., Sidewalk Construction
Bond submitted . ................... .........
400
" 16—Bike-A-Thon to be held on Sept. 26, requested by
American Diabetes Assn . .....................
412
" 16—Bainbridge, James R. granted Beer & Liquor Li-
cense. .......... ...........................
423
Sept. 3—Bonnett, Dave, appointed to Civic Center Building
Committee . ................ ................
429
3—Brady, James E., appointed to Civic Center Build-
ing Committee. ..........................
429
7—Buechel, Louis General Liability Policy submitted.
432
" 7—Bisenius, Steve, requesting zoning reclassifica-
tion. ........
433
" 7—Beecher, Richard M., Notice of car damage claim.
436
7—Beauchamp, Lynn & Mary and Florence & Elmer
Bonnet requesting "No Parking" Sign in alley to
rear of 1020-10 Althauser ........................
451
" 7—Board of Zoning Adjustment submitting minutes of
their meeting of Aug. 19th, indicating decision on
two conditional use permits which is now a re-
quirement under Zoning Ordinance No. 32-75. ..
432
7—Barton-Aschman Associates, Inc., authorizing the
execution of a contract amendment with same. ..
463, 476
" 7—Bastian, John W., granted Beer -Liquor License &
Cigarette License. . ...........................
465, 525
" 7—Board of Electrical Examiners appointments. ...
465
13—Bridge, City Island, DOT submitting copy of con-
cept statement for proposed connection from
same to existing street system. .
466, 505
INDEX—BOOK 106
1976
SUBJECT
Page
"
13—Bemis, Harry, relative to Men's Recreation Ass'n.
requesting land for softball complex. ..
469
"
27—BONDS, Civic Center, providing for the advertise-
ment and sale of $3,700.000. ..... 478, 528. 543
27—Boards and Commissions members, approving din-
ner for same. .................................
481
Oct.
4—Bicentennial Commission submitting final finan-
cial report. .....................
483
"
4—Booth & Langworthy intersection, vehicles to stop
atsame . .................................. .
488
"
—BUDGET, Amendment, authorizing City Clerk to
publish same . ................................ 506, 541
"
18—B & G Automotive Parts, Inc., cross-defendants in
claim filed by Milton L. Weiser . ...............
514
18—B -B Gun Championship, Jaycees requesting sup-
port to host same in 1978 ................... ...
514
18—Bowen-Kanazawa, Form of Agreement submitted
by Five Flags Building Committee with same for
architects. ................................
519
"
18—Bussan, Willa M., appointed to Housing Commis-
sion. ........................................
527
Nov.
4—Behnke, Irene relative to situation with Dubuque
and Asbury Fire Departments . ................
532
"
1—Boge, Cyril, relative to vacation of alley requested
by Merwyn Ellis . .............................
533
"
1—Budde, Robert H., Application for rehearing and/
or reconsideration relative to annexation petition
by same . .................................... 533. 587
8—Block Grant Funds from the Comiskey Park Im-
provement Project TRANSFERRED to the Com-
iskey Park Shelter Project. ....................
553
"
15—Burbach, Carl, requesting to install street lights in
Buena Vista Subdivision ........................
561
Dec.
6—Bertsch, Attorney, relative to discuss leasing of
Dove Harbor and old Burlington Freighthouse by
Katuin Bros. Inc . ........................... .
568
'
6—Bertsch, Attorney representing H.R.W. Associates,
regarding rezoning request of same in Key Knolls.
.................. ......................569,573. 597
6—Backes, Leonard, reappointed to Plumbing Board
to Nov. 2,1981 . .... ... ....... .. .......
570
"
6—Butt, Warren, relative to rezoning on J.F.K. Rd. ..
573
"
6—BONDS, Street Improvement, providing for issu-
ance of same to pa} for City of Dubuque 1976 As.
phalt Paving Project No. 2 (English Lane) ..
577
"
6—BUDGET, Community Development submitting
their same for tiscal year 1978. .... ............
583
"
6—Block Grant Funds, authorizing publication of no-
tice of Public Hearings for same ................
583
6—Bradley, Donald F., granted Beer -Liquor License.
585
20—Bus Lines, Mrs. Lyle Peterson, relative to non -
ridership on same . .........................
594
"
20—Building Commissioner advising Fischer & Co. ap-
plied for permit to demolish building at 1258 Main
St. ....... ......
„596
20—Building Inspection required at time of changing
hands, City Solicitor asked to draw up Ordinance
relative to same . .............................
596
INDEX—BOOK 106
1976 SUBJECT Page
20—BONDS, Street Improvement, providing for issu-
ance of same to pay for City of Dubuque 1976 As-
phalt Paving Project No. l..... 603
20—Board of Appeal (Building Code) appointments to
same. 609
INDEX—BOOK 106
1976 SUBJECT Page
Jan. 5—City Council, Regular Session. ...... .. ... 1
5—Councilmen Tully and Wertzberger sworn in by
City Clerk . .............. .. 1
5—City Manager, City Clerk and City Solicitor ap-
pointed. 1
5—Chavenelle, Gilbert D., appointed City Manager
and bond submitted. 1, 2
5—City Manager advising appointment of all person-
nel under his supervision and control to be paid
salaries in accordance with proposed expendi-
tures for period of Jan. 1, 1976 -June 30, 1976. 3
" 5—City Manager recommending installation of street
light between 950 & 960 Davis Avenue, requested
by St. John's Lutheran Cemetery Ass'n. 3, 8
5—Claims for month of November, 1975, Proof of Pub-
lication. 3
5—Council Proceedings for month of Sept. 1975, ap-
proved as printed. 3
5—Community Development Commission, Federa-
tion of Labor submitting name of Robert Runde
to serve on same representing Labor. 3
" 5—Cance Project report submitted by C. Robert Just -
mann. 3
5—Cemeteries, mausoleums, columbariums and chapels
as Conditional Uses in all Residential Districts
and in the Institutional District, recommended
by Planning & Zoning. 4, 20, 34, 78
12—City Council, Special Session. . 7
12—"Chamber of Commerce Week" proclaimed for
week of Jan. 12th. 7
12—Chrysler Corp. relative to Dial -A -Ride. 7
12—City Manager recommending renewal of lease to
Dubuque Disposal Co...... 9
12—City Manager recommending installation of two
stop signs at southwest and northeast corner of
15th & Maple Sts., per petition of Mrs. Dorothy
Haigh. ..... 9
12—City Solicitor recommending existing liens against
Property of Richard V. Hansel, Rosanne F. Tone,
Jan V. Seipp and Vilas A. Seipp be lifted and pay-
ment of $400 be accepted for past due garbage
pick-up.
12—City Manager recommending couple system rela-
tive to extension of one-way of Central Ave. and
White Street.
12—Cance Ride, Jean Marie Cardinal Memorial, en- 11
dorsing and approving same from Dubuque,
Iowa to St. Louis, Missouri. . .
13, 399
12—Communit
Y Development Commission, appoint -
to same. 13, 148, 178, 241, 285, 432, 527
12—Chapman, Robert, appointed to Adv
sion. isory Commis-
26—City Council, Special Session. 13
26—Community Development Commission submitting 15
minutes of their meetings.
..15, 53, 60, 86, 112, 192, 285, 320, 381, 400, 483, 532
INDEX—BOOK 106
1976 SUBJECT Page
" 26—Council Proceedings for month of October, 1975,
approved as printed ............................
17
" 26—Claims for month of December, 1975, proof of pub-
lication . ...................................
17
" 26—City Manager submitting reports for month of De-
cember, 1975 . ................................
17
26—City Engineer White relative to Mihalakis mat-
ter. .........................................
18
" 26—C. Clark requesting refund on unused variance
fee. .........................................
22
" 26—Colt .45 requesting representation at workshop,
during budget, in conjunction with the Commu-
nity Development Program . ...................
22, 86
26—CITY OF DUBUQUE WATERWORKS MODER-
NIZATION completed ...........................
22
26—CITY OF DUBUQUE REPAVING OF JACKSON
STREET FROM 12th ST. TO DIAMOND ST., exe-
cution of agreement ............................
.........25, 56, 81, 116, 125, 143, 182, 222, 236, 328
26—CITY OF DUBUQUE CONSTRUCTION OF 8
INCH JOHN F. KENNEDY ROAD SANITARY
SEWER EXTENSION, EAST SIDE. ..25, 64, 107,
176, 207
Feb. 2—City Council, Regular Session . .................
31
2—Child Care Inc. applying for Community Develop-
ment Funds. .................................
31
" 2—City Manager submitting annual report of Health
Department for year 1975 .......................
32
" 2—City Manager recommending petition of Mrs. Wil-
liam Smith be denied for street lights on Victoria
Place. .......................................
32
" 2—City Solicitor relative to findings of A & W Restau-
rant Drive -In owned by Roger Rommel at J.F.K.
Rd. & Asbury Rd ...............................
32
" 2—Clemens, Dave, relative to Manager for Five Flag .
Theatre . ....................................
33
" 2—City Manager, Ass't., submitting resolution author-
izing the City Clerk to advertise for bids for Com-
munications Equipment for Phase Il of the Coun-
ty -City Telecommunications Plan . ..............
48
" 2—Clancy, Rita, Granted Beer & Liquor and Cigarette
License . .....................................
51, 308
" 9—City Council, Special Session . ...................
53
9—Council Proceedings for months of Nov. & Dec., ap-
proved as printed. . . . . . ........................
54
" 9—City Manager recommending vacating alley at
west end of Marquette Place to Mr. Zurcher...
54, 92
" 9—City Manager submitting resolution authorizing
City Clerk to publish approval from the Federal
Highway Administration on the "Location and De-
sign" for Jackson Street repaving . ......... ....
56, 81
" 9—Citizens for Decency through Law by Mary Lee
Marting submitting resolution against pornogra-
phy. ...... .............. ....
57
9—Community School offer for location of National
Guard Armory. .......................... ..58,
72. 93
" 16—City Council, Special Session. ....................
59
" 16—Community Development Block Grant Funds, No-
tice of public hearings for use of same. .60, 86,101,
466
INDEX—BOOK 106
SUBJECT
Pa e
1976
16—Colt .45 Drum & Bugle Corps requesting to conduct
63
a parade on June 20th...
to assessment for J.F.K. Rd.
16—Cardy, Lyle, objecting
64
Sanitary Sewer.
16—CONNECTION CHARGE, establishing same for
the CENTER GROVE VALLEY SANITARY
SEWER 1972, constructed from existing CAT-
FISH CREEK SEWER to a point 12,417 ft. West-
66
erly. .
" 16—City Manager submitting proposed sewage con-
Wastewater Treatment
tracts for users of our
Plant, namely Dubuque Packing Co., Celotex
Corp., Dubuque Tank Terminal Co., and Inland
Molasses Company.
16—Celotex Corp., approving Amendment to Sewer
67
Service Agreement by and between the City
68
and same, dated Feb. 13, 1976.
74
" 20—City Council, Special Session (4:15 P.M.)
76
" 23—City Council, Special Session.
" 23—City Manager submitting reports for month of Jan
uary, 1976.
" 23—Claims for month of January, 1976, Proof of Publi-
78
78
cation.
23—City Manager advising Relocation Assistance &
Land Acquisition Policies Act to be followed and
filed with Iowa D.O.T.
80
23—City Manager submitting resolution establishing
Connection Charge for the Twelve (12) inch Vitri-
fied Tile Sanitary Sewer from the Asbury Flow
Measuring Station on Radford Road to the twelve
(12) inch Catfish Creek Interceptor Sewer. ..
82. 123
" 23—City Manager submitting Fiscal Year 1977 RE
COMMENDED BUDGET — Volume 2 — Budget
Detail.
83
85
Mar. 1—City Council, Regular Session. .. ...
" 1—Corps of Army Engineers, issuing permit to Thru-
Put Terminals to reconstruct existing docking fa.
cilities. .................... .
85
" 1—Corps of Engineers, submitting summary of 1975
Dredging Season. ....... _
85
" 1—Community Development Commission submitting
proposed BUDGET for activities funded in 2nd
year of Community Development Funds. .
86
" 1—City Manager recommending installation of street
lights on Admiral St.
87
" 1—City Manager submitting schedule for construction
of Water Treatment Plant Expansion and the
Sludge Waste Handling Facilities.
87, 150
" 1—City Manager submitting Official State Auditor's
Report of the City for 18 month period Jan. 1, 1974
thru June 30, 1975. .. . . .
87
1—City Engineer recommending vacating utility
easements in Timber Ridge Addition.
93
" 1—Carew, Attorney on behalf of Klauer Optical Co.,
relative to property at northwest corner of Delhi
& Grandview. .. ....
95
8—City Council, Special Session.
101
" 8—Claude, March, lighting between 4th & 2nd Streets.
101
INDEX—BOOK 106
1976 SUBJECT
Page
8—Cheever, Jean, relative to Community Develop-
ment funding for G.A.I.N. ....................
101
" 8—Community Development Program to be self-sus-
taining . ....................................
102
" 8—City Manager, Ass't., relative to Sound System in
Council Chambers. . ... ...................
102
8—City Manager, Ass't., submitting fact -finder re-
commendations on bargaining agreements for
Unions. ..............
103
" 8—City Manager submitting Accountants Reports, Fi-
nancial Statements and Supplementary Date,
REVENUE SHARING FUNDS, Account No. 16-
2-031-007 for 18 month period ended June 30, 1975.
105
" 8—City Manager, relative to petition of Merwyn Ellis
vacating alley at 1652 Finley Street . ............
105
8—City Manager recommending revoking liquor li-
cense of Noel's Tap . ..........................
105, 148
" 8—Connection Charge for Sanitary Sewer constructed
by Joseph Hefei in Garnet Street, Between Jack-
son Street and Central Ave ......................
106
" 8—CONSTRUCTION OF FIFTH STREET PARKING
LOT, Final Estimate. .........................
117
" 10—City Council, Adjourned Special Session. ........
112
10—Community Development, filing of an application
for Block Grant. ..........................
112
22—City Council, Special Session. ................
114
" 22—City Manager recommending installation of street
lights on June Drive . ... ...... ...... .......
116
22—City Manager submitting reports of City Treasur-
er, Finance Director, Water Sup't., and list of
claims for month of February, 1976. ........ ...
116
22—City Solicitor recommending settlement of Claim
of John C. and Mary Wagner against City and El-
mer Erner. . 1. .... I .................... I .
118
" 22—Carpenter, Carol, Notice of personal injuries
claim.
119
" 22—Central Farm Market, establishing same. ... ....
119, 133
22—Cerebral Palsy requesting to conduct a Bike-A-
Thon. ... . .............. ..
119, 180
" 22—Cedar Cross Road area residents objecting to an-
nexation. ...... .. ............... ....
120
" 29—City Council, Special Session. ........... .......
130
" 29—Claims for month of February, 1976, proof of publi-
cation. ..... . ..............................
130
" 29—Conservation Society, Dock Commission submit-
ting form of lease with same . .............. 131,
175, 206
29—City Engineer submitting Schedule of assessments
for reconstruction of Jackson St. from 22nd to Dia-
mond St . ............ .......................
142
" 29—Corridor location for University of Dubuque con-
nector roadway, FAUS funds for consultants
study . ....... ......................
145
" 29—Cullen, Kilby, Carolan & Associates, P.C. selected
as consultants for corridor study of a University
of Dubuque Connector Roadway.
145
" 29—Consultants, Shive-Hattery selected as same for lo-
tion and design study of a Rockdale Road
Bridge Replacement.
146
INDEX—BOOK 106
SUBJECT
Page
1976
" 29—Carew, Allan, Attorney for John Noel, relative to
liquor license at Noel's Tap.
14R
revoking
Apr. 5—City Council, Regular Session. President Bruce
by
149
" 5—Chamber of Commerce,
Meriwether, relative to annual budget.
149
OF THE WAT-
UE NCONSTRUCTION
5—CISION
E PLANTUAND FOR OF
SLUDGE DRYING AND HANDLING FACILI-
150, 225, 252, 316.342. 418
TIES. ...... ...
" SCity Manager submitting water rate
153,168,185.
204
proposals. ........................
" 5—Cole, Frederick & Charlotte, Notice of personal in-
juries claim.
" 5—Cable TV Commission, Ordinance creating and es-
154
tablishing same.
156
5—Chalder, Florence E., refund on Cigarette License
158
and Beet Permit. .......... . .
" 5—CITY OF DUBUQUE 1976 ASPHALT PAVING
PROJECT NO. 1. .............. 158, 210, 251, 579, 601
12—City Council, Special Session,
167
12—Catholic Mothers Study Clubs objecting to charging
park fees.
167
12—Coast Guard, appreciation for Police & Fire De
partments. ......................... .
167
" 12—Civic Center Arena, Five Flags Corp. expressing
167, 373
need for same. .................
12—Conlon Construction Co., Sidewalk Construction
Bond submitted.
168
" 12—Civil Service Commission, appointments to same.
; 79
19—City Council, Special Session.
" 19—City of Savanna, requesting support for retention
of Savanna Army Depot. ..
179
" 19—City Manager advising Cerebral Palsy withdrew
request for Bike-A-Thon.
180
19—City Manager submitting reports of City Treasurer,
Finance Director, Health Department, List of
claims paid for month of March, 1976.
180
" 19—Community School District requesting vacation of
section of Viola Street (near Jefferson Jr. High
School) . ............ 181,537, 560
23—City Council, Special Session. (4:15 P.M.)
189
" 26—City Council, Special Session. ....
191
" 26—Children's Zoo report submitted by Committee.
191
" 26—City Manager recommending street lights in As-
bury Springs Subd. No. 1.
192
" 26—City Manager submitting Water Supt. report for
month of March.
193
" 26—Colt .45 requesting appropriation of Special Project
Monies to compete in Bicentennial Contest in
Philadelphia.
196, 220
" 26—Cedar Cross Road, proposed, discussion on same.
198
May 3—City Council, Regular Session. .....
201
3—Claims for March, 1976, Proof of Publication.
201
" 3—Civil Service Commission submitting Second List
of persons eligible for BUS OPERATOR posi.
tions.
201
" 3—Colt .45, Practice at Airport.
201
" 3—City Manager, denial of James & Barbara Aird pe.
tition.
202
INDEX—BOOK 106
1976 SUBJECT
Page
" 3—City Manager recommending lighting on White
Street between 22 & 24th Sts .. ..................
203
" 3—CITY OF DUBUQUE 12" WATER MAIN PRO-
JECT OVER THE 16TH STREET BRIDGE BE-
TWEEN AREA "C" AND KERPER BLVD. .....
215
" 10—City Council, Special Session . ....................
218
" 10—"Conquer Multiple Sclerosis Weeks" May 9th to
June 20th . ..... .............................
218
" 10—Council Proceedings month of January & Febru-
ary, approved as printed . .....................
219
" 10—City Manager requesting approval for O'Connor,
Brooks & Co. to audit Water Utility and Parking
& Sewage Facilities Funds for period of July 1,
1975 - June 30, 1976 . ..........................
219, 328
" 10—CARADCO PLANT, Chairman Thorns of Dubuque
Industrial Advisory Commission, requesting City
purchase same . ..............................
220, 285
" 10—Carnival Lounge, Notice of Suit by Jane Pitts
Smith, Maria T. McAllister, Javaune Adams for
incidents occuring at same . ...... ............
220
" 10—Clarke Dr., prohibiting parking on same. ........
93, 220
" 10—Colts Drum & Bugle Corps requesting teen dance
on Parking Ramp. ...... .............
222
" 17—City Council, Adjourned Special Session. .........
228
" 17—Cleveland Park, prohibiting the consumption or
use of intoxicating liquor, wine or beer in same. .
233
" 17—Caledonia Park, prohibiting the consumption or
use of intoxicating liquor, wine or beer in same. .
233
" 17—City Manager, Ass't., submitting request for taxi-
cab rate increases. ...... ...............
234
" 17—Cushing, Mrs. Charles, requesting yield, stop, or
speed limit sign be placed at intersection of Ber-
keley & Oak Crest . ...........................
236, 322
" 17—CONNECTIONS, requiring abutting property own-
ers to make sewer and water and gas same, pro-
viding gas connections are available as wanted at
time of street construction. (Tower Drive). .....
237
" 17—Certificate of Completion for Ames Realty, Inc.
authorizing the execution of same ...............
238
" 17—Catfish Creek, North Fork of same, relative to pro-
posed impoundment structure on same, by Daniel
Dittemore. ... ..............................
238, 512
" 17—Council meetings, for summer schedule, first and
third Monday of each month ......... .. ........
240
" 17—County Care Facility, Dubuque, urging "Yes"
Vote on June 8th. ..... .....................
241
" 24—City Council, Special Session. .. .................
243
" 24—Clemens, Attorney, on behalf of Tyrone Putchio,
relative to yard requirements on Ohio St., adja-
cent to Stardust Beauty Salon ...................
244
" 24—City Manager recommending installation of street
lights in Stonehill Development .................
244
"24—City Manager submitting reports of City Treasur-
er, Water Sup't., Finance Director, Health Dept.
also list of claims for month of April, 1976........
244
" 24—Claims for month of April, 1976, proof of publica-
tion. ....
24.5
" 24—City Manager submitting resolution providing for
cash funds for lab equipment.
250
INDEX—BOOK 106
19-14> SUBJECT
Page
24—Community Development Block Grant Funds, au-
thorizing publication of Notice of Environmental
Review Findings for same . ....................
255, 337
" 24—Construction of The Glenwood Ct. Storm Sewer Im-
provement. . .... 259,
275, 301
" 24—Council Records to be moved to Wahlert Library
at Loras College.
261
June 1—City Council, Special Session.
263
" 1—Cathedral Square, P & Z submitting plans for
same. ... ............... ...... .
263, 271
" 1—County Institutional Accounts, petitions for sus-
pension of taxes ................ ...........
264. 271
1—Cahill, Mrs. M. E., Notice of car damage claim.
264
" 1—Canfield Hotel, Granted Cigarette License.
268
7—City Council, Regular Session. .....
271
" 7—Chamber of Commerce requesting support to keep
Savanna Ordinance Depot open . ...............
271
" 7—City Manager, Ass't., submitting resolution author-
izing the City Manager to execute the Revenue
Sharing Planned Use Report. .... ........ .
278
" 7—City Manager, Ass't., submitting resolution to
amend FY'76 BUDGET . ..................
279, 297
" 7—Construction of Grandview & Highway 20 Traffic
Signals, completed. ..... .................
281
" 21—City Council, Special Session. ..................
285
" 21—Cody, John appointed to 5 Flags Center Task Force.
285
" 21—City Hall renovation, Historical Society relative to
same.
21—City Manager submitting reports and list of claims
286
.. for month of May, 1976. ........ .
287
21—CETA Program, Resolution authorizing Mayor to
sign contract for same. .......... I ... I .......
287
1
21—City Manager, relative to ANNEXATION RE-
VIEW . .............
" 21—City Solicitor submitting opinion regarding Fred
288
Sievers of Utility Services and unpaid water bills.
288
21—City Manager submitting Ordinance creating of-
fice of Public Works. 294, 323
" 21—Construction of San Jose Pool Parking Lot and
Sidewalk completed. .......
"
298
21—CONSTRUCTION OF SOUTH DUBUQUE INTER.
CEPTOR SANITARY SEWER completed.
299
.
21—Community Development Block Grant Agreement
with U.S. Dept. of Housing & Urban Development.
authorizing the execution of same.
21—Cremer Grocery Co. granted Beer Permit & Cig-
301
arette License. ....... 307, 309
21—Carousel Snack Bar granted Cigarette
License.
21—Creslanes Bowling Inc. granted Cigarette License
307
& Beer -Liquor License.
308, 310
21—Country Kitchen granted Cigarette License.
21—Chidester, Shirley granted Cigarette License & Re-
308
fund .
. 308, 540
24—City Council, Adjourned Special Session (4:00 PM) 312
.
24—City Development Board of Iowa for ANNEXA-
TION, authorizing
and approving a petition to
same. .
314, 377, 428
29—City Council, Special Session. (10 A.M.)
July 5—City Council, Regular Session.
316
319
INDEX, BOOK 106
1976 SUBJECT
Page
6—City Council, Adjourned Special Session.
320
6—"Community Betterment Road Sign" City recipi-
ent of same . . ....... .. ............. .....
320
6—Community Development Commission, solicit
programs for 1977 Budget.
320
2—City Manager submitting contract for street main-
tenance payment from State DOT for period of
July 1, 1976 thru June 30, 1977 ...................
321
" 6—City Attorney, relative to rezoning for Tschiggfrie
Excavating. ...... I . ...... I .... I..........
321
6—Clarke College requesting to conduct Homecom-
ing Parade on Oct. 9th . .......................
327
6—Community Development Dept. to undertake con-
centrated residential rehabilitation programs pro-
posed for four neighborhoods .................
331
6—City Hall Building, Advisory Commission relative
to use of same ................................
338
6—CITY OF DUBUQUE CONSTRUCTION OF COOP-
ER. PLACE STEPS FROM WEST FIFTH
STREET TO COOPER PLACE. ......338, 386, 435, 510
6—CITY OF DUBUQUE WEST 32ND STREET SAN-
ITARY SEWER FROM CARTER ROAD WEST-
ERLY TO J.F.K. ROAD. .... 340,
388, 453
6—Cullen, J.P., & Son Construction Corporation
awarded contract for expansion for Water Treat-
ment Plant. ..... ... ..
342, 418
" 6—Corbett, Earl G., granted Cigarette License. .......
345
" 6—Clarke College Granted Cigarette License & Beer
Permit. .... ....... ... ....................
345, 608
" 6—CARADCO PLANT, discussions on purchase of
same. ..... .......... ... ........... 346,347,379,
423
" 12—City Council, Special Session. ..................
347
" 19—City Council, Adjourned Special Session. .........
348
" 19—Civil Service Commission submitting list of appli-
E-
cants eligible for appointment to the FIRE DE-
PARTMENT. ..... ..........................
PARTMENT.
349
" 19—Civil Service Commission submitting list of appli-
cants eligible for appointment to the POLICE DE-
PARTMENT . ........... ................. ..
349
19—City Manager relative to sale of I.R. Tracks to
Keystone Gelatin Co ............... ...........
349
" 19—CEDAR CROSS ROAD, City to participate in de-
velopment of same, in amount not to exceed
313,800. ...... .... I ...... I .. ...........
354
" 19—Comiskey Park, authorizing publication of notice
of Environmental Review Findings for same. ...
355
19—Construction of SCHOOL SIGNAL IMPROVE-
MENT PROJECTS completed . .................
357
" 19—Construction of UNIVERSITY AVENUE PEDES-
TRIAN CROSSWALK completed . .............
359
19—CITY OF DUBUQUE 1976 ASPHALT PAVING
PROJECT NO. 2 (ENGLISH LANE) ........
. . ....... . . .. .........359, 412, 452,
56'1, 575
" 19—Crane, Leonard, Granted Cigarette License & Beer -
Liquor License. .. .....
376, 565
19—Ciccarelli, Dr. Frank E., appointed to Plumbing
Board.
378
" 19—Cahill, Mike, appointed to Electrical Appeal Board
378
20—City Council, Adjourned Special Session.
379
INDEX—BOOK 106
SUBJECT
Pag-
1976
1976
Aug. 2—City Council, Regular Session. ..
381
2—CivilBUS OPERATOR Exams. conducted on July 28
381
1976.
2—Civilng results of
Q Commission t'conducted on
HEATING INSPECTOR Exams
382
July 28, 1976.
" 2—City Manager recommending petition of Rotary
383
Club be granted.
2—City Manager submitting reports of City Treasur-
er, Finance Director, Water Supt., Health Dept.,
for month of June, 1976.
383
also list of claims paid
" 2—City Manager submitting audit of Water Depart-
ment for period July, 1975 to June 30, 1976.
2—City Solicitor, relative to findings of Teleprompter
384
and KDUB.
" 2—City Manager, relative to sewage rental rates in-
385
crease. .......
2—Community Development Block Grant Projects,
of a request for release of
authorizing submission
386
funds of certain same.
" 2—Church of Nativity, granted Beer Permit & Re-
394
497
fund.
" 5—City Council, Special Session.
396
399
16—City Council, Special Session.
" 16—Cable Advisory Committee recommending remov-
al of Channel 6 from Cable TV to make room for pay
channel.
399
" 16—Council Proceedings for March, April & May. 1976,
approved as printed.
400
" 16—Claims for month of June, 1976, proof of publica-
400
tion.
16—City Manager requesting to attend International
City Management Association meeting in Toron-
400
to. .
" 16—City Manager, Ass't., submitting Revenue Sharing
Report for period of July 1. 1975 to June 30, 1976.
400
" 16—City Manager recommending approval to construct
a pad for compactor for Eagle Foods by Jacobson
Realty Company...
408
" 16—Comiskey Park & various public improvements,
authorizing submission of a request for release of
funds for same.....
414
" 16—CONSTRUCTION OF LEFT TURN LANE AND
SIGNAL MODIFICATION TO THE INTERSEC.
TION OF HIGHWAY 20 AND WACKER DRIVE.
420
" 16—City Manager submitting agreement with Iowa
DOT for left turn lane and signal modification at
intersection of Highway 20 and Wacker Drive.
420
" 16—Clark Oil & Refining Corp. granted Cigarette Li-
cense.
421
" 16—Clark, Richard, appointed to Municipal Govern-
ment Task Force. . ..
423
16—City Manager to act on plans relative to CARADCO
closing. .. .. ....
423
" 20—City Council Special Session.
424
Sept. 3—City Council, Special Session.
428
" 3—Civic Center Building Committee appointments.
429
" 6—City Council, Regular Session.
430
INDEX—BOOK 106
1976 SUBJECT Pa ge
7—City Council, Adjourned Regular Session.
431
7—"Children With Learning Disabilities Week" Oct.
10 thru 16. .... .... .........
431
7—Catfish Creek Area, John Edmonds relative to pol-
lution in area . ...............................
431
7—Community Development Commission submitting
list for membership on Commission .............
432
" —City Manager submitting reports of City Treasur-
er, Finance Director, Health Department, Water
Supt., list of claims for month of July, 1976......
434
" 7—City Manager, relative to Wm. Meyers' request for
water pressure increase in King St. area. .......
434
" 7—City Manager requesting City Clerk Frommelt be
authorized to sign papers during his absence from
City. ........................................
434
7—City Manager requesting approval to engage ser-
vices of the Landscape Architectural Dept. of
Iowa State University for study of bluff areas in
City. ........ ...............................
435
" 7—Conditional Use Permit, Planning & Zoning rela-
tive to same. . I .......................... 443, 490
" 7—City Manager submitting Ordinance regulating dis-
posal of sewage and wastes into public sewers. ..
444
" 7—Connections to sewer, water and gas, requiring
abutting property owners to make same, if avail-
able. ........................................
452
7—Canvass of Civic Center Election submitted by Du-
buque County Supervisors . ..................
459
" 7—City Manager submitting Street Finance Report
for June 30, 1975 to June 30, 1976 .................
461
" 7—City Manager, Ass't., submitting resolution rela-
tive to administrating the Public Works Employ-
ment Act of 1976. ........... ..............
462
" 13—City Council, Special Session. ......
466
" 13—Claims for month of July, 1976, proof of publication.
466
" 13—City Island Bridge to the existing street system in
the City, DOT submitting concept statement for
proposed connection of same . .................
466, 505
" 13—City Clerk to seek information from DMATS Pol-
icy Board to meeting time . .....................
466
13—City Attorney, relative to water pressure situation
of Wm. Meyer on King St .......................
467
13—City Manager submitting list of Agricultural Land
Tax Credit properties. .......................
468
" 13—City Manager, Ass't., relative to charge-off uncol-
lectable rents in Downtown Urban Renewal Pro-
ject. ........... ...........................
469, 497
13—City Manager advising of completion of Demolition
and removal of the Naval Reserve Buildings. ...
471
" 13—CONSTRUCTION OF ELEVENTH STREET
STEPS AND JEFFERSON PARK STEPS. .....
473, 501
" 13—Contract amendment with Barton-Aschman Asso-
ciates, Inc. for professional services in connec-
tion with design of Town Clock Plaza. .........
476
" 13—City Hall (DENIED), City Garage and Cedar Cross
Water Line projects possible thru Federal Fund-
ing. ..... ........................... .....
476, 52'l
" 27—City Council, Special Session. ..... ...
478
INDEX—BOOK 106
1976 SUBJECT
Page
27—Civic Center Bonds, providing for the advertise-
478, 528,
543
ment and sale of $3,700,000.
27—City Attorney submitting resolution approving
to real estate from Mihal-
form of option purchase
akis and Schwartz described as Block 2 in "River-
front Subdivision No. 2" in the City... .
480
27—City Manager advising Chamber of Commerce re-
imbursing City for Boards and Commissions Din-
ner held in 1974 and 1975. .
480
" 27—Commissions and Boards Members, approving din-
ner for same. ... ..
481
483
Oct. 4—City Council, Regular Session.
Proceedings as set for publication by the
4—Council
484
Clerk.
" 4—Community Development submitting map of resi-
485
dence locations.
4—Community Development Comm. requesting a
change of their organizational structure as to ex-
piration dates.
485
4—City Manager submitting reports of City Treasur-
er, Finance Director, Health Dept., Water Sup't.,
and list of claims paid for August, 1976.
486
4—City Manager relative to construction of wall in al-
ley in Althauser's Subd 496, 565
4—Connection Charge, establishing same for sanitary
sewer in Judson Drive from Asbury Road to point
454 ft. south of Asbury Rd.
499
4—CONSTRUCTION OF HIGHWAY 20 AND WACK-
ER DRIVE LEFT TURN LANE. ... .503, 516.
606
" 4—City Manager, Ass't., submitting Budget Amend-
ment.
506
18—City Council, Special Session.
511
" 18—CENSUS, 1980 FEDERAL DECENNIAL, Iowa
Legislative submitting advance information for
collection and tabulation of same.
511
" 18—City Development Board of State of Iowa approving
ANNEXATION. 511, 554, 568
" 18—Claims for month of August. 1976, proof of publica-
tion. ......
512
18—City Attorney advising of transmittal of payment
covering outstanding court costs.
514
18—Christian Record Braille Foundation Inc., request-
ing charitable solicitation permit.
514
18—Clarke Dr., Joseph Wild requesting deed for vacat-
ed alley on same.
514, 598
" 18—CODE OF ORDINANCES, approving same.
515, 535
18—Community Development Commission, establish-
ing same, prescribing the term of office of each
member and prescribing and defining the purpos-
es of same and repealing kesolution No. 391-75.
515
" 18—CERTIFICATE OF COMPLETION for Dubuque
Five Flags Center Fund, authorizing the execu-
tion of same.
519
" 21—City Council, Special Session.
528
Nov. 1—City Council, Regular Session.
531
" 1—Citizen's Survey submitted by Advisory Commis-
sion.
531
1—Claims for month of Sept., 1976, proof of publica-
tion.
532
INDEX -BOOK 106
1976 SUBJECT
Pa ge
1—City Manager submitting reports of City Treasur-
er, Finance Director, Health Department, Water
Superintendent, and list of claims for Sept., 1976.
532
" 1—City Manager recommending denial of Merwyn El-
lis' petition for vacation of alley ................
532
" 1—City Manager relative to Public Works Employ-
ment Act of 1976 . ............................
533
" 1—City Attorney advising of dismissal of charges of
Eric Schneider to the CIVIL SERVICE COMMIS-
SION. ......................................
533
" 1—County Board of Supervisors requesting removal of
4 parking meters, to be designated for handicap-
ped. ........................................
539
1—Construction of CONTRACT IIA WASTE WATER
TREATMENT FACILITIES PHASE Il completed
by Dow Chemical U.S.A... . ................... .
542
" 1—City Manager submitting resolution authorizing
salaries adjustments. . I ...................... 547, 562
" 1—Chan, Homan R., granted Beer -Liquor License.
552
" 1—Community Development Commission relative to
neighborhood park development and restructur-
ing of their group.
552
" 8—City Council, Special Session . ....................
553
8—Comiskey Park Improvement Project Funds
TRANSFERRED to Comiskey Park Shelter
Project . ..............................
553
" 15—City Council, Special Session. ....................
554
" 15—City Attorney relative to hearing in Des Moines on
proposed ANNEXATION . .....................
554, 556
15—Conti-Carriers negotiations, Dock Commission rel-
ative to same. . . ..... .. ......................
555
" 15—City Manager submitting annual report for Affir-
mative Action . ..............................
555
" 15—Council Proceedings for month of June, 1976, ap-
proved as printed.... ..........................
555
15—City Attorney submitting recommendations for
safety in City parks . ..........................
556
" 15—Carpenter Co., E. R., granted Cigarette License.
563
" 15—Chidley, Allan appointed to Rehabilitation Com-
mission & resignation . .......................
565, 594
Dec. 6—City Council, Regular Session . ...................
567
" 6—Chamber of Commerce submitting copy of Cham-
ber's recommendations for budget year 1977. ...
568
6—City Manager recommending installation of two
street lights along Short Street in Mettel-Bryne
Addn................................... ....
569
" 6—City Manager submitting reports of City Treasur-
er, Finance Director, Health Dept., Water Super-
intendent, also list of claims for October, 1976. ...
570
" 6—Claims for month of October, 1976, proof of publica-
tion. ........................................
570
" 6—Council Proceedings for month of July, 1976, ap-
proved as printed. ...... .. ...............:.
Or7P
" 6—Chapman, Thomas V., Notice of personal injury
claim. . .........I .........................
57
" 6—Chun, Dr., relative to rezoning of property on
J.F.K. Rd. . ........... .. ... .
573
" 6—City Manager submitting Matching Resolution pro-
viding for funds to employ 2 police officers... ..
583
INDEX—BOOK 106
1976 SUBJECT
Page
6—Community Development Commission requesting
583
funds for lighting on lower Main St.
6—Community Development Commission submitting
583
their BUDGET for fiscal year 1978. ..... _ .
" 6—Clark, Julia Nell, granted Beer -Liquor License.
5588.6
" 8—City Council Special Session.
" 8—Commissioner of Elections directed to hold a Spe-
cial Election for Annexation.....
20—City Council, Special Session.
,587
94
" 20—City Development Board submitting petition for ju-
dicial review re: Annexation petition of the City.
595
20—Corps of Engineers advising of application for con-
sider4ition for construction permit in conjunction
with Wastewater Treatment Program from Ter-
minal Street to Sewage Plant.
595
" 20—City Manager submitting reports of Finance Direc-
tor, Treasurer, Water Superintendent, Health De-
partment, list of claims for month of November,
1976 . ..................... .............
595
" 20—Collective Bargaining progress report submitted
by City Manager . ............................
596
" 20—City Solicitor instructed to draw up Ordinance re-
quiring building inspection at time of changing
hands. ...... .................. ........
596
20—City Manager recommending installation of street
lights on south side of 16th St. east of Sycamore St.
as requested by Dubuque Pack Co...... ..
596
" 20—Cody, Attorney John Jr., relative to west end pro-
posed shopping center....................
598
20—City Manager relative to application to the Iowa
Secretary of Agriculture for authority to conduct
Milk Inspections . ...................... ... .
599
" 20—City Hall Electric Service and Associated Equip-
ment, replacement of same, completed. ........
605
20—Councilmen's and Mayor's pay to be increased.
609
INDEX—BOOK 106
1976 SUBJECT Page
Jan. 5—Dubuque Bank & Trust Company named deposi-
tory for the City . .............................
2
5—D.E.Q. advising of issuance of sanitary sewer con-
struction permit for Kelly's Bluff properties. ....
3
5—Davis Ave., between 950 & 960, recommending in-
stallation of lights on same . ...................
3, 8
" 12—D.E.Q. relative to air pollution study of leaf burn-
ing. .................................... ....
7, 31
" 12—Deich, Don, relative to Gun Control. ..............
7, 202
" 12—Dock Commission submitting minutes of their
meetings . ........ ................ 7.18, 53, 76,
179, 228, 285, 320, 348.399, 431, 466, 483, 511, 531, 567,
594
" 12—Dial-A-Ride information submitted by Chrysler
Corp. . ......................................
7
" 12—Dempsey, Edgar M., relative to concern of increase
in property valuations . .. ....................
8
" 12—DEQ approving water main extension in Blocks 16
and 17 in Mettel-Byrne Addition and permit for
sanitary sewer extension . .....................
8. 16
" 12—Dubuque Disposal Co., City Manager recommend-
ing renewal of lease with same . ................
9
" 12—Deich, Don, objecting to extension of Highway 3::52.
11
" 26—Dock Commission advising of improvements sub-
mitted by Sun Oil Co. . - . . .... ..........
18
26—D.O.T., execution of Agreement with same for re-
paving of Jackson Street from 12th Street to Dia-
mond Street . ........................ 25, 56, 81,
116, 125
Feb. 2—Dock Commission approving proposed Dock Ordi-
nance. .....................................
34
2—Dubuque Metropolitan Solid Waste Service Agency,
Solid Waste Service Agreement between the
Agency and the City of Dubuque (Member) ap-
proved. .............................. ......
36. 114
2—Drug Stores, health care supply & similar retail con-
venience goods stores be permitted uses in C-1
Commercial District approved by Planning &
Zoning. .... ......... .... ..... ...........
44, 79
" 2—Deininger. George E., accepting Resolution No. 30-
76 approving plat of Blocks 1 thru 7 each in
"Phase One of Stone Hill Community Subd. No.
L.. ........
51. 72
" 9—DOCK BOARD ORDINANCE, amending Ordi-
nance No. 181, defining the Powers and Duties of
the Dubuque Dock Board.
54, 88
" 16—D.E.Q. approving sanitary & functional features of
Water Main Extensions of Judson Dr., Vail Trail,
and Powers Court. (POWERS)
59
16—Dubuque Packing Co., by Atty. Al Hughes, request-
ing vacation of portion of right of way of Kerper
Blvd. as part of Janlin Plastic Plant extends onto
same. .......... .... I ..... .
60
16—Dubuque Packing Co., approving amendment to
Sewer Service Agreement by and between the
City and same, dated Dec. 31, 1975.
68
16—Dubuque Tank Terminal Co., approving Sewer Ser-
vice agreement by and between the City andsame,
dated Feb. 13, 1976. .. ............
69
INDEX, BOOK 106
1976 SUBJECT
Page
20—Dubuque Symphony Orchestra Auxiliary Inc.,
74
Granted Class "C" Beer & Liquor License.
23—Dock Board advising of consideration for recom-
mending selling buildings and fixtures occupied
by Katuin Transport on Terminal Street.
76
23—Deich, Don, relative to Citizens Survey.
77
" 23—D.O.T., City Clerk to file 1970 Uniform Relocation
Assistance & Land Acquisition Policies Act with
same. .....................
Mar. I—Doll, Robert J., objecting to relocation of Nat'l.
AO
Guard Armory. .. _
93
" 8—Dock Commission, possibility of obtaining perma-
nent possession of the Tugboat Floyd. 102, 568, 555
8—DEQ submitting construction permit for sanitary
sewer for Asbury Springs Sub. tt 2. .........
102
8—Dubuque County Historical Society commended
for restored homes. .................... ..
110
22—DEQ submitting reports of raw water samples col-
lected from City owned wells. . .... I ........
114
22—DEQ submitting construction permit of sewer ex-
tension on J.F.K. Rd. I I I ...
114
22—DEQ approving Intergovernmental Agreement
creating, the Dubuque Metropolitan Area Solid
Waste Agency.
114
22—DEQ submitting construction permit for Water
Main on Richard's Road.........
114
22—Dubuque Stone Products Co. General Liability Pol-
icv submitted. ................. . .........
116
" 22-13EQ submitting sanitary sewer permit in Timber
Ridge Addn. .................. ... .. .......
116
" 22—Dubuque Sports Unlimited Inc. seeking advice
from Council . ........... ........... .......
120
" 22—Dubuque County Historical Society requesting to
preserve cast iron light fixtures in the Central
Ave. ..... ......... I ...................
120
" 29—Dock Commission requesting responsibility rela-
tive to companies occupying City streets & prop-
erty in the market square area and near Petrakis
Park . ............ ................
131
" 29—Dock Commission submitting amendment to Flynn
Ready Mix Concrete Co. lease. . I ........ 131, 175, 206
" 29—Dock Commission submitting form of lease with the
Dubuque County Conservation Society. . .. 131, 175,
206
29—Dittemore, Dan, relative to application to HUD -701
Program.
131
" 29—DOT and Airport Commission, agreement between
same for three inch asphalt overlay on runway 18-
36.
137
" 29—Dubuque Metropolitan Area Study Committee
schedule for 1976 . ............................
142
Apr. 5—DEQ approving the Dubuque Health Dept. Labor-
atory for determination of coliform bacteria. .
150
" 5—Dolan, Amy, requesting establishing of bike routes.
156
" 5—Dubuque Sports Unlimited requesting to sell open-
ing day buttons and season tickets in Downtown
Plaza on April 10th & I Ith.
157
" 5—Dubuque Arts Council relative to touring profes-
sional dance company. ................
157
INDEX—BOOK 106
1976 SUBJECT Page
" 5—DAV Unit x6 requesting to sell Forget -Me -Noss on
July 23 & 24 . ........ ........................
157
" 5—Dubuque Jaycees granted Beer Permit. ...........
165
" 12—Dorothy, Robert of D.A.I.C. objecting to water rate
increases. ............... ...................
168
" 12—Dubuque Sports Unlimited Inc., Granted Beer Per-
mit . .................... ............ ......
177. 451
" 19—Dubuque Packing Co., NPDES permit to discharge
boiler water into the waters of the Mississippi....
179
" 19—DEQ submitting a joint EPA State Survey of Water
Supply. .....................................
179
" 19—Downtown Ass'n., requesting to conduct annual
garage sale on May 22, 1976 .....................
182
" 26—Defendi, Robert, reclassify Lots in Jaeger's Sub-
division . ....................................
193, 232
May 3—Dow, Jeffrey, minor, by Evelyn H. Dow, settlement
of claim . .... .................... ..........
203
" 10—"Development Disabilities Awareness Week"
June 13th to 19th . .................. .........
218
" 10—DEQ advising Terminal Street Force Main Phase
Il, Contract 1 be placed as portion of wastewater
project . ....................................
219
" 10—Dubuque '76 Inc. requesting to hold parade on June
20,1976 . .....................................
222
" 10—DOT, agreement with same for FAUS Funds for
Jackson St. from 12th to 22nd. . . . ...............
224
" 17—DOT referring to Bikeway Demonstration Pro-
gram. .................................... .
229
" 17—DOT submitting copies of Transplan '76. ..........
229
" 17—Dittemore, Daniel, relative to proposed impound-
ment structure on the north fork of Catfish Creek.
239
" 17—D.B.Q. Inc. granted Beer -Liquor License and Cig-
arette License. ........... ...................
241, 308
" 17—Dubuque County Care Facility, urging "Yes" Vote
on June 8th . .................................
241, 251
" 24—Denlinger, Duane, relative to County Care Facili-
ties. .... ..................................
251
" 24—DEQ by Dennis Alt, relative to waterworks expan-
sion. ........................................
252
" 24—DEMOLITION AND REMOVAL OF NAVAL RE-
SERVE BUILDINGS AND GARAGE PRO-
JECT . . ............................. 257, 274,
300, 471
" 24—Dubuque Golf & Country Club granted Beer -Liquor
License & Cigarette License. . ...........261,
308
June 1—"Dubuque Satellite Day" June 4, 1976. ..........
263
" 1—Donovan, Blanche, requesting suspension of tax-
es. ...................... .... ........
264
" 1—Dodge St., (extension of U.S. 20) from Bluff Street
to east of Locust St., agreement between City and
Iowa D.O.T. from same. ........ ...........
267
" l—Dubuque Packing Co. Granted Cigarette License
& Beer Permit . ............................. .
286, 422
" 7—DEQ granting construction permit for Sunrise
Heights Block 16 ....... ...................... ..
271
" 7—Disaster Claim, Auditor of State submitting an Au-
dit Report for same.
271
" 7—Dodge House Motel Granted Cigarette License.
282
" 21—D.I.C.C. relative to Caradco situation.
285
INDEX—BOOK 106
SUBJECT
Page
1976
" 21—Deich, Donald, appointed to 5 Flags Center Task
Force. ......
21—Delong, Dr. Paul appointed to 5 Flags Center Task
285
Force. ... ... ...
re
" 21—Director of Public Works, Ordinance cating of-
285
ficeofsame.... .. . • • 294, 323
" 21—Disposal Fees charged, to be paid to Solid Waste
Agency.
" 21—Dubuque Mining Co. granted Cigarette License.
296
307
" 21—Dubuque Marine Inc. granted Cigarette License.
307
" 21—Dunne, Wm. granted Cigarette License. ..
307
" 21—Dittmar, Rudolph W. granted Cigarette License.
308
21—Donovan's Food Market granted Cigarette Li-
cense.
" 21—Dubuque Zephyr granted Cigarette License.
308
308
21—Dubuque Municipal Airport granted Cigarette Li-
cense. ...
21—Donut Hut Ltd. granted Cigarette License.
308
308
21—Draeger, Charles E. granted Cigarette License.
308
" 24—Development Board of Iowa City, authorizing and
approving a petition to same for ANNEXATION.
314
" 24—Dubuque Township, portion of same to be annexed.
314
July 6—"Dubuque Softball Hall of Fame Day."
320
" 6—D.E.Q. issuing construction permits for Water
Treatment & Water Main Extension of Buena Vis-
..
.................
ta Subd.........
320
6—Dock Commission seeking advice as to proposed
sale of R.R. Tracks at Gelatin & American Build-
ers. ................... 320, 349
" 6—Dunbar, John, Granted Cigarette License.
345
" 19—Dubuque '76 Inc. presenting Seven Commissioned
Bicentennial paintings by Frank Licciardi.
348
" 19—DMATS submitting minutes of their meetings.
348, 483. 531.
567
" 19—Dock Board recommending sale of property in Riv-
erfront Subdivision Industrial Park to Thermo
King Sales & Services . ..... .... .......
350
" 19—Dubuque Packing requesting to vacate property
abutting E. 16th St., E. 17th St., Maple St., and
part of Maple St. bounded on all sides by same. . 353, 411
" 19—Dorothy, Bob, relative to purchase of Caradco
Buildings.................................
379
Aug. 2—Dillon, Karen objecting to W. 32nd St. Sanitary
Sewer.................................... ..
389
16—Dubuque Packing requesting purchase of part of
Hickory St. and portion of Kerper Boulevard. (Va-
cated) ..................... 410,437, 438
" 16—Davis, Dave, appointed to Community Develop-
ment Commission as Human Rights delegate. .
412
" 16—DOT submitting agreement with same for con-
struction of left turn lane at Highway 20 and Wack-
er Drive . ............ ....
421
Sept. 3—Dittemore, City Planner advising of deletion on plat-
ted lot in City of Asbury from proposed annexa.
tion. .....................
428
" 3—"Dubuque Symphony Orchestra Week" Sept. 12
thru 18. ...............
431
" 7—D.E.Q. acknowledging receipt of Standard Specs.
for Sanitary Sewer Construction in the City.
431
INDEX—BOOK 106
1976 SUBJECT Page
" 7—D.E.Q. issuing Construction Permit for water main
extension in Arbor Oaks, Block 6 and Sanitary
Sewer Extension of West 32nd Street .............
432
" 7—Dock Board relative to cleaning of Area "C". .....
451
" 7—Dubuque Metropolitan Area Solid Waste Agency
and the City of Dubuque, approving operating
agreement between same . .....................
455
" 13—DOT, copy of Concept Statement for proposed con-
nection from City Island Bridge to existing street
system . ..................................... 466, 505
" 13—Davis & Windsor intersection, southbound traffic
to stop at same . ..............................
468
" 13—Dubuque Men's Recreation Assn. requesting ap-
prox. 35 acres of land to erect 8 softball complex..
469
" 13—Durrant, Deininger, Dommer, Kramer, & Gordon,
appreciation for work proposed for Iowa Street
Parking Ramp Addition . .......................
475
" 27—Dinner for Members of Boards and Commissions,
approving same . .............................
481
Oct. 4—Dubuque '76 Inc., submitting final financial re-
port. ....... ....... ....................
483
" 4—D.E.Q. granting water main extension and sew-
er permits for Asbury Springs 7s 3 ...............
484
" 4—Dittemore, Daniel, advising of completion of flood
plain information study . ......................
484
" 4—Dubuque Screw Products Inc., application from
to purchase land in Riverfront Sub. ........484, 515, 540
" 4—Dorothy, Bob relative to sale of land in Riverfront
Sub. =5 to Dubuque Screw Products, Inc.........
484
" 4—Duggan, John, requesting vacation of existing
utility easement in part of Knob Hill Grove. .....
503
" 4—Dubuque Pack, relative to Project Concept State-
ment on the City Island Bridge & Proposed con-
nections. ...................................
504
" 4—Duggan, John under Regina Duggan trust, approv-
ing plat for Blocks 6 & 7 in "Knob Hill.............
506
" 18—Dock Commission relative to purchase of Block 2
Riverfront Sub. 2 from Ecology Control. ........
512
" 18—Dubuque Storage & Transfer Co. requesting vaca-
tion of portion of Washington St. south from Liebe
St. ....... ............................514.539, 558
" 18—Dubuque Five Flags Center Fund, authorizing the
Execution of a Certificate of Completion for
same. .......................................
519
" 18—Donut Hut Ltd., granted Cigarette License. ......
525
" 18—Dirks, Karen, appointed to Community Develop-
ment Commission . .................. ........
527
Nov. 1—D.E.Q. submitting water and sewer p^rmits for
Knob Hill ......................................
532
" 1—Dow Chemical U.S.A., completion of Contract IIA
Wastewater Treatment Facilities Phase II. .....
542
" 15—D.E.Q. issuing permit for Terminal St. Force
Main Wastewater Treatment Facilities. ...
554
" 15—Dock Commission requesting reappointment of
Wm. Woodward to Commission. ............
554, 565
" 15—Dock Commission relative to negotiations with
Conti -Carriers.
555
" 15—Dock Commission advising of seminar relative to
Area "C".
555
INDEX—BOOK 106
1976 SUBJECT
--t-Me
1.5—Delhi St. & W. 5th St. intersection, westbound vehi-
cles to stop at same..
558
" 15—Duggan, John J., requesting to install street lights
on Knob Hill Drive ...................... . ...
561
Dec. 6—Dubuque Ambassadors, presenting awards won in
the Iowa Community Betterment Contest.
567
6—DOT submitting meeting dates along with legend
of Great River Road and Federal Aid Highway
Program . .....................
568
6—D.E.Q. receiving progress report relative to Waste-
water Treatment Facility. .....................
"
568
6—Dock Commission submitting proposed lease with
Katuin Bros. Inc. .........
"
568
6—D.E.Q. submitting water main extension permit
for Mettel-Byrne Addn. and Sanitary Sewer Ex-
tension permit for Jaeger Heights. ...........
"
569
6—Davis & Windsor, westbound vehicles to stop at
same. I ... ...............
6—Design Center, Inc. granted Beer -Liquor License.
574
585
6—Dittemore, City Planner, directed to prepare Ordi-
nance on Ordinance 61.76 as amended. ..6
20 --Dubuque Pack Co., additional street lighting on
south side of 16th St. east of Sycamore Street.
596
20—Dolan, Donald D., Notice of personal injury
claim.
598
Jul
INDEX—BOOK 106
1976 SUBJECT Page
Feb. 2—Elevator, Fenelon Place, advising of fare in-
crease . ........ ........... .................
31
"
2—Equipment for Phase II of the County -City Tele-
communications Plan, authorizing the City Clerk
to advertise for bids for Communications same. .
48
9—E.C.I.A. relative to goals and objectives, encourag-
ing Council to adopt first published planning tool.
53
"
9—Ecology Control requesting to lease property
on DoveHarbor. .................................
53
Mar.
1—E.C.I.A. submitting communications from the Bd.
of Supr. making an adjustment in per capita as-
sessment for FY '77 . ................. .........
85
8—Electrical Contractors Ass'n. Inc. requesting rep-
resentation on the City Code Committee. ..
102
"
8—Ellis, Merwyn, requesting vacating of alley at Fin-
ley St. (DENIED). .. . .....................
105, 532
"
8—Elliott, Delores, Granted Beer & Liquor License. ..
110
"
22—Esslinger, Arden objecting to annexation. .......
120
"
22—Erschen, Alice H., Granted Beer & Liquor License
& Cigarette License. ..... ..............
127, 345
22—Eagles Granted Beer & Liquor License & Cigarette
License . ... .... ...........................
127, 308
"
29—E.C.I.A. completing necessary A-95 Review of the
Community Development Block Grant Program.
132
Apr.
12—Edwards Concrete Contractors Inc., Sidewalk
Construction Continuation Certificate submitted.
168
"
19—EPA, NPDES permit to discharge boiler water into
the waters by Dubuque Packing Co. ...........
179
May
3—English Lane, objections to paving same in 1976 As-
phalt Paving Project No. 1. ..............
210
3—English Lane DELETED from 1976 Asphalt Pav-
ing Project No. 1 ..............................
212
"
10—Evening Optimist Club, granted Beer Permit. ....
226, 274
"
17—E.C.I.A. submitting survey of interest in sharing
profession services in both engineering and legal
services and requesting completion. ...........
228
"
17—Egelhof Funeral Home, General Liability Policy
submitted. ............... . .. . .
229
June
1—EPA, NPDES permits to discharge into waters,
particularly Water Treatment Plant. ....
263
1—Eisenbraun, Rosella (Bersley), requesting suspen-
sion of taxes. .............. . . ............
264
"
l—Eagle Point Park, resident nearby objecting to
noise and traffic from same after closing hours.
265
"
1—Ender, Robert C., Granted Cigarette License. ..
268
"
21—Elbow St. and Brunswick St., vacating portion of
same by County Bd. of Supr....................
287
"
21—Elks Lodge granted Cigarette License and Beer -
Liquor License.
307, 586
"
21—Ellis, Victoria granted Cigarette License.
308
24—ELECTION to be set for Aug. 17, 1976 for construc-
tion and improvement of 5 Flags Civic Center.
............. .. . 314,
373, 459
July
6—Ewalt, Wm. & Eva, relative to rezoning request
by Tschiggfrie Excavating.
321
6—ENGLISH LANE residents requesting reconsider-
ation for resurfacing same. 327, 359, 412, 452,
563, 575
INDEX—BOOK 106
1976
SUBJECT
Page
"
6—Eleventh Street Neighborhood Community Devel-
opment Project, approving the Neighborhood
Improvement Plan for same. .... .
333
"
6—Emergency Home Repair Program in Four Com-
munity Development Project Areas, authorizing
the submission for release of funds for same. ...
337
"
19—Eska Co. Granted Cigarette License.
376
"
19—Electrical Examining Board appointments. .....
378
"
19—Electrical Appeal Board appointments. ...... ...
378
Aug.
equire-
16—Ellis Merwyn, relative to yard setback require-
ments.
ments
402
"
16—Eagle Foods to construct pad for compactor by
Jacobson Realty Co. ............... .......
408
"
16—ESCROW AGREEMENT to provide for the pay-
ment of $105,000 Water Revenue Bonds, 1962 Se-
ries, of the City, authorizing the execution of
same. ......... ...................
418
Sept.
7—Edmonds, John, relative to pollution in Catfish
Creek area . ..................................
431
"
7—E.C.I.A. advising receipt of Annexation Petition of
the City from Iowa City Development Board. ...
432
"
13—Eleventh Street Steps and Jefferson Park Sieps
construction . ........................... ....
473, 500
Oct.
18—Ecology Control, Dock Commission relative to
purchase of Block 2 Riverfront Sub. 2 from same.
512
"
18—Erickson, David, request for beer permit & Cig-
arette License. ..................... ..... 527,
551. 562
Nov.
1—East Central Intergovernmental Association, ap-
proving amended Articles of Agreement forming
same. ............................
547
Dec.
8—ELECTION, to be held on December 28th for AN-
NEXATION . ..................... ........
587
"
20—Electric Service and Associated Equipment for
City Hall, replacement of same, completed. .....
605
INDEX—BOOK 106
1976 SUBJECT Pa e
Jan. 5—Frommelt, Leo F., appointed City Clerk.
I
...
" 5—First National Bank of Dubuque appointed deposi-
tory for the City.
5—Federation of Labor submitting name of Robert
2
Runde to serve on Community Development Com-
mission representing Labor.
"
3
5—Fees, Variance, Planning & Zoning recom-
mending changing same.
4, 20
12—Fifteenth St. & Maple Street, two stop signs in-
stalled at same per request of Mrs. Dorothy
Haigh.
"
9
12—First National Bank objecting to proposed exten-
sion of White Street between 21st & 24th Streets..
11
12—FAUS Funds to be scraped in relative to one-way
couple of Central Ave. and White Street Project,
recommended by Councilman Bradv.
I1
" 26—First Baptist Church petition for rezoning of
prop-
erty at 3061 Asbury for 7th Step Foundation denied
by Planning & Zoning.
17
26—FAUS Funds, execution of agreement with D.O.T.
for same for repaving of Jackson St., from 12th
St., to Diamond Street. .25, 56, 81, 125, 224, 255
Feb. 2—Federation of Labor advising of appointment of
Floyd Whitney to represent Labor on Community
Development Commission. .11
31, 286
2—Fenelon Place Elevator advising of fare in-
crease.
2—Five Flags Theatre Commission submitting job de-
31
scription for Manager... . .
33, 58
.
2—Frommelt, Paul, relative to Manager for Five
Flags Theatre.
'&
33
2—Fransen, Lorraine A. Granted Beer Liquor and
Cigarette License. 51,
99, 308
..
16—Federal Communications Commission, seeking
clarification of various sections of TV Franchise
Ordinance No. 25-63.
59
16—Frommelt, Paul, relative to race track between
Wilbricht Lane & St. Anne Dr., being a roadway
in Flora Park.
59
23—FISCAL YEAR 1977 RECOMMENDED BUDGET
—Volume 2—BUDGET DETAIL submitted by
City Manager.
1.1.83
Mar. I—Frost, R. S., of Celotex, relative to Mayor's rela-
tionship with industry, ..........
86
8—Fischer Companies, lighting between 4th & 2nd
Streets.
"
101
8—Fact-Finder recommendations submitted by Ass't.
City Manager.
103
8—Fire-Fighters Union not accepting Fact -Finder's
recommendations.
104
„ 8—Fifth Street Parking Lot, Final Estimate.
22—Farm
107
„ Market, establishing same. 119, 133
22—Fincel, Frank J., objecting to annexation. 120
22—Fraternal Order of Eagles granted Class "C"
„ Beer & Liquor License.
127
29—Flynn Ready Mix Concrete Co., Dock Commission
submitting amendment to lease with same. 131, 175, 207
INDEX, BOOK 106
SUBJECT
Page
1976
29—FAUS project for consultant study of alternate cor-
locations for University of Dubuque Connec-
ridor
torRoadway.
145
Apr.
5—Fee Structure for reclassification, amending Ordi-
nance 32-75. 56,247, 291
"
5—Fens, Ronald J.. Granted Beer & Liquor License
and Cigarette License. 166. 292
"
5—Ford, Mary Kathryn. Granted Beer & Liquor Li
cense & Cigarette License. 166. 345
"
12—Five Flags Corp. submitting needs for Civic Cen-
ter.
167
"
12—Friedman, Dick, appointed to Planning & Zoning
Commission.
178
"
19—Foht. Mrs. Rosella, objecting to resurfacing of
JacksonStreet. .. . ..
182
May
3—"Foster Children Week" week of May 9th thru
15th. ...... .. ......
201
"
10—Force Main Phase 11, Contract 1, Terminal St.
placed under portion of wastewater project.
219
17—Flat Iron Park, prohibiting the consumption or use
of intoxicating liquor. wine or beer in same.
233
17—Formanek. Gary. relative to proposed impound-
ment structure on north fork of Catfish Creek.
239
"
24—Fourth Street area, Russell W. Nash requesting
special permit to allow shops and galleries on
Bluff St. between 4th Street and the bluff.
250
June
7—Faust, Clarence Jr., relative to storage of vehi-
cles . ............ 274.
286
"
7—Fenelon, Patrick Granted Cigarette License.
282
7—Fischer Bowling Lanes granted Cigarette License
& Beer -Liquor License. 282,
310
"
7—Fischer Realty Co. granted Cigarette License.
282
"
7—Friedman, Sam & Orville Murphy granted Cig-
arette license.
282
"
21—Five Flags Center Task Force appointments.
285
"
21—Fleege, Dennis, appointed to 5 Flags Center Task
Force.
285
21—Fuerste, Mrs. Wm., appointed to 5 Flags Center
Task Force. .... .....
285
21—Five Flags Executive Commission requesting spe.
cial REFERENDUM for Civic Center. 286, 313
21—Faust, Steven R., Notice of personal injury claim.
288
"
21—Fees charges for disposal, to be paid to Solid
W aste Agen cv.
296
"
21—Fremont area. P & Z to check into zoning in same.
306
21—Fleckenstein, Ray granted Cigarette License.
307
"
21—Ferring, Adella A. granted Cigarette License &
Beer Permit.
308, 464
July
6—Frommelt, Andy, requesting to purchase Lot 51
in Rosedale Addn.
327
6—Fitzsimmons, Paul, requesting resurfacing of
English Lane.
327
"
19—Firearms Control referred to Advisory_ Commis-
sion . ......... ....
338. 353
6—Fourth St. Neighborhood Community Development
Project, approving the Neighborhood Improve-
ment Plan for same.
331
INDEX—BOOK 106
1976 SUBJECT
Pa e
" 19—FIRE DEPARTMENT, Civil Service Commission
submitting list of applicants eligible for appoint-
ment to same.
349
Aug. 2—Frangos, John P., Granted Beer Permit.
394
I6—"Fair Week in Dubuque County" Aug. 17 to Aug.
22, 1976.
399
16—Fischer Inc. Sidewalk Construction Bond submit-
ted.
400
" 16—Financial reports of the City's Fire and Police Re-
tirement Systems for the Fiscal Year ended June
30, 1976.
417
Sept. 3—Friedman, Richard, appointed to Development
Board as City Representative.
429
" 7—Frommelt, City Clerk, authorized to sign papers for
City Manager during his absence from City. ..
434
" 13—Federal Funding, projects possible for: Iowa
Street Parking Ramp, Town Clock Pedestrian -
way, Greenhouse — Potting House, City Hall (DE-
NIED), City Garage, Fourth Street from railroad
to termination of Floodwall, Cedar Cross Water
Line and Seventeenth Street Storm Sewer. ..
476
" 13—Fourth Street from railroad to termination at
Floodwall project possible thru Federal Funding.
476, 524
27—Federal Aviation Administration approving and
adopting execution of an acceptance of a Grant
Offer to obtain Federal Aid in development of Du-
buque Municipal Airport. 478, 580
Oct. 4—Flood Plain information study completed.
484
4—Fourth Street Community Development project
Area, Community Development submitting re-
commendations for use of monies. ..
485
4—Famous Recipe Fried Chicken, granted Cigarette
License.
508
18—Flynn Co. Inc., awarded contract for consideration
of Highway 20 and Wacker Drive Left Turn Lane.
517
21—First National Bank of Chicago & Carleton D. Beh
Co., joint managers, awarded bid for sale of Civic
Center Bonds.
528
Nov. I—Funk, Robert A., requesting to purchase Lot ad-
jacent to 1397 Delhi St.
552
8—Funds from Comiskey Park Improvement Project
TRANSFERRED to Comiskey Park Shelter Pro-
ject.
15—"Floyd" housing of same, Dock Commission rela-
553
tive to same. 555, 568
...
15—Five Flags Center Building Committee submitting
list of various costs.
555
Dec. 6—Five Flags Center Bldg. Comm. submitting min-
utes of their meetings. 568, 594
6—Financial Report for year ending June 30, 1976,
presented by Finance Director.
569
6—Fox, Gloria Ann, Notice of car damage claim.
571
20—Five Flags Theatre presented award for Historical
Preservation and Restoration in the City — Coun-
ty,
20—Fischer Co., applying for construction permit.
r
594
596
INDEX—BOOK 106
SUBJECT Pa
0.
1976
G
Jan.
12—Gun Control Ordinance, Advisory Commission 338 353
.
objecting to same.
26—Guler. Leonard G., Notice of Claim.
19
Feb.
2—Gate Fee of $4.75 at proposed landfill, requested
by Councilman Brady.
44
2—Goodyear Tire & Rubber Co., relative to rubber
railroad crossings.
52
9—Gomers, Phil Badger objecting to grief being caus.
ed by same.
53
"
9—Girl Scout Troops -81 & w 162 requesting to be repre-
sentatives for the City on the Bicentennial Com-
mittee.
55
9—Gibson, Fred J. & Co. Realtors, requesting rezoning
of property in John P. Mettels Subd. No. 2 located
at 3422 Asbury Rd.
55
23—"Girl Scout Week" March 7th to 13th.
76
Mar,
8—G.A.I.N. relative to Community Development fund-
101 466
"
ing.
22—Guy. Gerald L. et al objecting to annexation of par-
cel of land adjoining Peg -O -Mesa Sub. 120.
265
"
22—Girl Scout Troop 39 to represent City while in
Mexico.
1'l0
"
29—George, Jim, Power of Attorney submitted by West-
ern Casualty & Surety Co. & Western Fire Insur-
ance Company,
130
29—Grant, James W., authorized to replace retaining
wall on Raymond Place.
134
Apr.
5—Geisler, Duane R., commended Human Rights
Commission.
150
"
5—Greenwood, Harold, objecting to proposed annexa-
tion.
156
"
5—Grandview Drug Inc., Granted Beer Permit & Cig•
arette License. 165,
308
12—Giesler, Janice, in favor of annexation.
167
"
19—Galliart, Larry & Diane, represented by Attorney
Kintzinger, requesting to purchase Lot 4A of
M.L. 472 (located along Linwood Cemetery -abut-
ting School property).
179
May 3—Giesler, Duane, refund request for duplicate dog li-
cense.
205
"
17—Grant Park, prohibiting the consumption or use of
intoxicating liquor, wine or beer in same.
233
24—Gibbs, Tom, nearing completion of sculpture, Rec-
reation Commission requesting assistance in
placement.
244
24—Girl's Center, requesting same to remain open.
250
"
24—Glenwood Ct. Storm Sewer, construction of same.
259, 275, 301.
518
June
7—Gardner, Elizabeth notice of personal injury
claim.
272
7—Guns, Chas. relative to storage of Vehicles.
274
"
7—Grandview Ave. & Highway =20 Traffic Signals
completed.
281
7—General Cinema Corp. Granted Cigarette License.
282
7—Goodman, Lorraine granted Cigarette License.
282
"
21—Gilchrist, David, appointed to 5 Flags Center "Task
Force. .
295
INDEX—BOOK 106
1976 SUBJECT
Page
21—Graham, Thomas, appointed to 5 Flags Center
Task Force
"
.
21—Goodman, John appointed to 5 Flags Center
285
Task Force.
"
21—Giese, Wm., rezoning request for property at 30th
285
& Elm Sts.286,
21—Ginter, Donna granted Cigarette License & Beer -
433
Liquor License. ... ..................
21—Grabrow, Ralph J. granted Cigarette License &
307, 310
July
Beer Permit. ....... ...............
6—Gelatin & American Builders, Dock Commission
308, 475
relative to proposed of sale of R.R. Tracks to
"
same. I .... .............
6—Goodman, Tom, requesting resurfacing of English
320, 349
"
Lane. .........
6—Glynn, John, et al requesting installation of street
327, 412
light between Pennsylvania & Illinois Sts.
6—George, Frank & John, Granted Cigarette License.
327
345
6—Glynn, John F. Granted Cigarette License & Beer
& Liquor License. ........... .... ...
345, 423
6—Great Atlantic & Pacific Tea granted Cigarette
"
License & Beer Permit. ..... . .
345, 422
19—Goerdt, M. F., Construction Co., Sidewalk Con-
struction Bond submitted. . . . .......... .
349
20—Gatena, Al, relative to
purchase of Caradco Build-
Aug.
ings. ........
2—Goerdt, M.F., Construction Co. General Liability
379
& Workmen's Compensation policies submitted.
383
2—Gilligan, Mark relative to parking on Jackson
Street after 12 A.M.
2—Gruber, James favoring W. 32nd St. Sanitary Sew-
386
Sept.
er.
7—Gomer's, R. Dean Rampson objecting to nuisances
389
in area.
7—General Casualty Co., on behalf of Bernard Mid-
dendorf, Notice of claim.
"
.......... ...
7—Gatrel, Koa, appointed to Board of Electrical Ex-
436
aminers. ......... .. I ....
465
13—Greenhouse-Potting House project possible thru
Federal Funding...... 476,
522
Oct.
4—Garbage increases, providing for same,
492
4—Grove-Kelco granted Beer Permit . ...............
509
18—Glynn, George, appointed to Community Develop-
ment Commission. .............. .
527
Nov.
I—Ginder, Elinor Ann Cody, requesting annexation
of property located south side of Highway 20,
east of Ramada Inn.
540
15—Griep, Mrs. Maxine, submitted for Proposed Citi-
zens for Annexation Committee.
554
15—Great River Road in Iowa, development of same
meetings to be held. .....
555
Dec.
6—Great River Road and Federal Aid Highway Pro-
gram submitted by DOT.
568
6—Grant Offer from the United States relating to the
preparation of a Master Plan Study.
580
6—Gordon, Lorraine, granted Beer -Liquor License.
586
INDEX—BOOK 106
1976 SUBJECT Page
_76 -
20—Guidelines, proposed, for the Interim Assistance
Rehabilitation Loan and Grant Program submit- 607
ted by Rehabilitation Commission.
20—Grobstick, Roberts W., granted Cigarette
ar tte Li (Build- 607
20—Gatrel, Koa, app 609
ing Code)
INDEX—BOOK 106
1976 SUBJECT Pa e
H
Jan. 5—Honkamp, Arnold J., presented new gavel to
Mayor Lundh. ......
5—Hird, Gerald, City Treasurer, personal bond sub- I
mitted, 2
5—Hanson, Gary J. Granted Cigarette License. 5, 308
12—Human Rights Commission submitting minutes of
their meetings. . 7, 16, 85, 118, 192, 263, 348, 483, 567
12—Haigh, Mrs. Dorothy's petition for installation of
two stop signs at southwest corner and northeast
corner of 15th & Maple. ...... 9
12—Hansel, Richard V., Rosanne F. Tone, Jan V.
Seipp and Vilas A. Seipp, Citv Solicitor recom-
mending existing liens against property of same
be lifted and payment of $400. be accepted for
past due garbage pick-up. 10
12—Humphries, Michael Lee. Notice of car damage
claim. 10, 230
12—Heiderscheit, John J., Granted Beer Permit & Cig-
arette License. 13, 308
12—Human Rights Commission, appointments to
same. 1.13, 527
26—Historic Preservation programs submitted by
Wayne A. Moldenhauer. 16
26—Hempstead High School inviting Council to their
Springwind. 16
26—Hartford Accident & Indemnity Co., subrogee as
Workmen's Compensation. Carrier for Kirchoff
Distributing Co., on behalf of Robert D. Wagner,
notice of claim. 19
26—Hartford Insurance on behalf of Ravis Parker.
Notice of Claim. ........... .
26—Housing Commission, designated from the Low- l0
Rent Housing Commission, 23
26—Herrig, Wm. J., appointed to Rehabilitation Com-
mission. 29
Feb. 2—Health Dept., annual report for 1975 submitted
by City Manager. 1.32
2—Health care supply, Drug Stores & similar retail
convenience goods stores permitted uses in C -I Com-
mercial District approved by Planning & Zoning. 44, 79
2—Hirsch, John R., Granted Beer & Liquor & Cig-
arette License. 51 282
9—Historical Zoning Classification, Ruth & Russell
Nash requesting to permit low -impact shops, art
galleries, florists and gift shops to be added as
uses in O -R Zones, possible to same. 56
16—Hughes, Atty. Al, representing Dubuque Packing
Co., requesting vacation of portion of right of way
in Kerper Blvd. due to corner of Janlin Plastic
Building extending onto same... . .. 60
23—Headington, Mary, relative to Citizens Survey. 77
23—Housing Commission submitting minutes of their
meeting. . 77, 116, 192. 244, 381, 431, 483, 531,554, 567
23—Hungar Walk, Rev. Stephen Wainright requesting
to conduct same. 80
Mar. I—HD & R submitting proposed solid -waste resource
recovery system.85, 150
................. ..
INDEX—BOOK 106
1976 SUBJECT
Page
1—Hickory Hill residents objecting to James Schwers
request for rezoning.
1—Henkel, Mrs. Edward, requesting 2 hour parking
A8
in front of her home at 1799 Clarke Drive. 93, 220
1—Henschel, accepting Resolution approving plat of
Blocks 4 & 5 in Timber Ridge Addn...
95
" 1—Hartig Drug Co., previous owner of property in
Rigi Subd. and Mineral Lot 172, conveyed to Rob-
ert J. Jordan & Beverly R. Jordan........
95
1—Hennen, Lavern Nicholas, Granted Beer Permit
& Cigarette License. .................... . 1W 308
" 8—"Hospital Volunteer Week in Iowa" March 14th
to 20th. ............
101
" 8—Harper, Nile, relative to Community Development
Funds.
101
8—Henschel, Richard requesting installation of street
lights on June Drive west of Valentine... .. . . 106, 116
" 8—HUD, request to same for release of funds authoriz-
ed under Title I of the Housing & Community De-
velopment Act of 1974 ..................... ... .
109
" 8—Historical Society commended for restoration of
private homes.
110
" 22—Hohman, Robert, installation of bicycle routes.
115
22—Heitzman Construction Co. Sidewalk Bond Conti-
nuation Certificate submitted...... .
116
" 22—Historical Society requesting to preserve cast
iron light fixtures in Central Ave. area.
120
" 22—Hill Street Neighborhood to be member of the Com-
munity Development C(,mmission. ..... 125, 157, 218, 228
29—HUD-701 Program, Dau Dittemore submitting ap-
plication for same.
131
" 29—Herburger, John J., requesting change in zoning at
24 Diamond St . ................... . ...
136
" 29—Hawkeye Estates Subd., various vacation and cor-
rection plats relating to same. (HEFEL) 139, 169
Apr. 5—Human Rights Commission commended by Duane
R. Geisler. ........ ... ...
150
" 5—Heinen, Douglas J., Granted Cigarette License and
Beer Permit . .................... . 164, 165, 345
12—Harris, Raymond, appointed to Civil Service Com-
mission. ................... ...............
178
" 19—Hansen, J. W. Construction Co., Sidewalk Construc-
tion Bond submitted .................
181
" 19—Heim, Ben, objecting to blacktopping Jackson St.
183
" 26—Henschel, Richard et ux, requesting annexation of
.06 acres in Black Forest . ........... I .... 1 196,
248, 293
" 26—Hentges, Dorothy Rose, Granted Beer & Liquor Li-
cense & Cigarette License.
198
May 3—"Historic Preservation Week" May 9th to 15th.
201
3—Hagen, Howard, relative to Uniform Pricing Code.
202
" 10—HUD, Annual performance report sent to same.
222
" 24—Heller, Mary M. et al requesting to keep Girl's
Center open.
250
" 24—Hail, Water Sup't., relative to waterworks expan-
sion . ................... . _
252, 467
June 1—Hail, J.J. Relative to water pressure problem in
King St. neighborhood ....
264
" 1—Hartig Drugs Granted Cigarette License (4) &
Beer Permits.
26ts, 564
198
201
202
222
250
467
264
564
INDEX—BOOK 106
1976 SUBJECT Page
1—Hilgert, Charles W., Appointed to Advisory Com -
mission.
270
7—Hardee's Granted Cigarette License.
282
" 7—Hirsch, Carl, granted Cigarette License. ..
282
" 21—Honkamp, Arnold, appointed to 5 Flags Center
Task Force.
285
21—Hoppmann, Ms. Barbara appointed to 5 Flags Cen-
ter Task Force . . .......... .................
285
" 21—Historical Society, relative to renovation of City
Hall. ............... . . . ................
286
" 21—Herrig. Bill, in favor of proposed annexation. . .
286
" 21—Heinz, Vivian Granted Beer Permit & Cigarette Li-
cense.
308, 309
" 21—Hancock, Wm., granted Cigarette License. ....
307
21—Habeger, Anthony granted Cigarette License. ....
307
" 21—Holiday Inn Motel granted Cigarette License and
Beer -Liquor License . ............... ..........
307, 465
" 21—Hillary, Bert granted Cigarette License and Beer -
Liquor License . . . ........... . . ... ...
307, 586
" 21—Holiday Oil Dist. granted Cigarette License (5). ..
308
" 21—Heron Inc., granted Cigarette License & Beer -
Liquor License. ... .. ... .... 1.
308, 310
July 6—Hemmer, Charles et ux, requesting vacation of al-
leyinWattersSubd.... . .............. ..... .. .
327
" 6—Hagen, Howard O. of Advisory Commission rela-
tive to use of City Hall Building. . . . . .... ... ...
338
" 6—Housing of City Government referred to Advisory
Commission. ......
338
" 6—Heiar, Merlin F. Granted Cigarette License &
Beer -Liquor License . ........ .... .. ......
345, 509
" 19—Henkels, Dolores, Notice of Personal Injury Claim.
350
" 19—Haas, Paula Kay, Notice of Car Damage Claim. . .
350, 436
" 19—Hoffmann, Emil L., requesting to purchase Lot ad-
jacent to 1893 Wood St. .....
353
" 19—Helling, Anthony & Bette Granted Beer -Liquor Li-
cense. .... .............. ................
377. 527
Aug. 2—HEATING INSPECTOR 1 Exams conducted on
July 28, 1976 submitted by Civil Service Commis-
sion. . . . .
382
" 2—Harkey, Dan, Notice of personal injuries by police
officers Claim . ......... .........•....... .....383,
512
" 2—Hempstead Student Government requesting home-
coming parade on Oct. 1, 1976.
386
16—Hickory Street, vacated portion of same, approving
plat.
410, 438
16—Human Rights requesting David Davis be appoint-
ed to Community Development Comm.
412
16—Housing Commission appointments to same.
423, 527
Sept. 7—Hilgert, Charles A., resigning from Advisory Com-
mission.
432
" 7—Hartmann Construction Co.. Sidewalk Construc-
tion Bond submitted.
432
" 7—Heitzman, William, requesting rezoning reclassifi-
cation.
433, 573
7—H -R -W Associates requesting zoning reclassifica-
tion. 1 433,.%9.
573, 597
13—Holz, Eileen M., personal injury claim settled. 466
13—Hurd-Most Sash & Door Co., execution of replace-
ment deed to same. . . .
475
INDEX—BOOK 106
SUBJECT
Page
1976
()ct.
4—"Hungarian Freedom Fighters' Day" Oct. 23.
483
"
4—Human Rights relative to accessability for handi-
capped.
"
4—Hill St. Neighborhood Area, recommendations for use
of monies in same.
485
,•
4—HUD projects, O'Connor, Brooks & Co., submitting
report on same.
485
"
4—Hillcrest Rd., L. R. Sanfter requesting installation
of 2 street lights . .............................
486
"
4—Halloween Parade, Y's Men's Club to conduct
"
same. . • - •
4—Hixon, Ronald requesting vacation of alley
497
parallel with Cherry St. 497, 532
"
4—Housing Rehabilitation Commission, combining
two committees of same. (Financial Resources
Committee and the Loan and Counseling Com-
mittee) . .................
499
"
4—Highway 20 and Wacker Drive left turn lane, con-
struction of same. 503, 516, 606
"
4—Holy Trinity Parish granted Beer Permit & Re-
fund. 509, 515
Nov.
1—Hansel, Richard requesting annexation of Lot I
and Lot'3 of Hansel's Addn. in Dubuque Twp.
540
"
1—HD&R submitting reports on Dubuque Metropoli-
tan Area Solid Waste Agency Sanitary Landfill.
550
"
15—Hinz, Elroy J., Notice of truck damage claim.
556, 570
"
15—Hintgen, Don, appointed to Rehabilitation Commis-
sion. ................ ...... .......
565
Dec.
6—Hansel, R. V., relative to rezoning on J.F.K. Rd.
573
"
6—Historical or architectural significance, P & Z
submitting Ordinance to provide for conditional
use permits for limited commercial activities in
areas or structures of same.
574
"
6—Historic Preservation Advisory Board submitting
proposed Ordinance establishing landmarks and
Historic Preservation Commission for the City.
575
"
20—Historical Preservation and Restoration Award
presented to Five Flags Theatre.
594
"
20—Historical Preservation Commission relative to
building at 1258 Main St ...................
596
"
20—Housing Needs, Public Hearings held on same.
596
"
20—Health Dept., making application to the Iowa Sec-
tary of Agriculture for authority to conduct Milk
Inspections. ........ ...
599
INDEX—BOOK 106
1976
SUBJECT
Page
Feb.
I
2—Interim Five Flags Theatre Commission submit-
ting job description for a Five Flags Theatre Man-
ager.
2—Intersection of John F. Kennedy Road and Uni-
33. 58
versity Ave., East & Westbound Vehicles must
stop before entering same.
35
16—Inland Molasses Company, approving sewer ser-
vice agreement by and between the City and
same, dated Feb. 13, 1976. .
69
Mar.
8—"international DeMolay Week" March 14th
thru 21 st.
101
22—Intergovernmental Agreement creating the Du-
buque Metropolitan Area Solid Waste Agency, ap-
proved by DEQ.
114
Apr.
12—"lowa Day" in Philadelphia on April 24, 1976, rep-
resented by Marine Corps League...... ......
174
19—"Insurance Women's Week," May 16th to 22nd.
May
3—Iowa Sportsman Federation Inc. et al against Gun
179
Control Laws.
202
10—Industrial Advisory Commission by Chairman
Thoms, requesting City purchase Caradco plant.
220
June
21—Interstate Power Co., General Liability Policy
submitted. ....... ........
287
21—Imperial Lanes, Inc. granted Cigarette License
and Beer & Liquor License. . I .............. 308, 394
July
6—Illinois & Pennsylvania Sts., John Glynn request-
ing installation of street lights at same. ..
327
Aug.
2—Iowa Grotto Assn. requesting to conduct a parade
Sept.
on Oct. 9th. 1.385
13—Inns of Iowa, Ltd., granted Beer -Liquor License.
474
.
13—Iowa Street Parking Ramp Addition, Durant,
Deininger, Dommer, Kramer & Gordon expres-
sing appreciation for proposal on same.
475
13—Iowa Street parking ramp project possible thru
Oct.
Federal Funding. .... ....... 476. 525
18—"Influenza Immunization Week" Oct. 24th to 30th. 511
18—Iowa Legislative submitting advance information
for collection and tabulation as part of regular
1980 FEDERAL DECENNIAL CENSUS.
511
Nov.
1—I0wa Oil Company, relative to public hearing to
be held for same in reference to rezoning. 539, 596
Dec.
..
6—Iowa Mississippi River Parkway Commission rela-
tive to mooring of "Floyd". ........
568
INDEX—BOOK 106
SUBJECT
Page
1976
J
Jan.
5—Justmann, C. Robert, submitting project reports
Parking Ramp. Histori-
covering Canoe Project,
cel Site Designation, and Water Sports Industry
& Marina Development.
report of the Wash-
3
12—Javicees submitting progress
ington Park Restoration Project.
K 206
12—Jean Marie Cardinal Memorial Canoe Ride from
Dubuque. Iowa to St. Louis, Missouri, endorsing
and approving same. 13.220,
433
26 --Jack C. Jones Excavating requesting to excavate
at 637 Dodge St.
22
26—Jackson Street from 12th St. to Diamond St.. exe
cuting agreement with D.O.T. for repaving of
25, 56, 81, 116, 125, 142, 182, 236, 255
same.
26—J. F. Kennedv Road Sanitary Sewer Extension,
East Side, construction of same. 25, 64, 107, 176, 207
Feb.
2—John F. Kennedy & University Avenue, East and
Westbound vehicles must stop before entering the
intersection of same. .
35
16—Jones, William B., objecting to accepting anti-
59
obscenity proposal.
16—Janlin Plastic Plant, b% Atty. Al Hughes represent
ing Dubuque Packing Co., requesting vacation of
portion of right of way on Kerper Blvd. due to
part of building extending onto same.
60
23—Jones. Jack C., Excavating, requesting to excavate
at 1889 Central Ave.. .
79
Mar.
1—Jenaman, Charles J., Notice of property damage
88
claim.
"
1—Jones. Jack C., Excavating, requesting to excavate
in Algona Street.
93
I —Jordan• Robert J. & Beverly R., purchased land
from Hartig Drug Company, corner of northwest
Delhi & Grandview.
95
"
8—June Dr., Richard Henschel requesting street
lights on same. 1116, 116
"
22—J.F.K. Rd. area residents objecting to annexation.
120
Apr.
5—Jaycees, Dubuque, granted Beer Permit.
165
12—Justmann, C. Robert, relative to Beautification
Projects.
180
"
26—Jaeger's Subdivision, Robert Defendi, reclassify.
ing property in same.
193, 232
May
3—"Job for Students Months". May thru August.
201
"
3—Jaycees requesting funds for restoration of Wash.
ington Park.
206
"
10—JACKSON STREET FROM 12th to 22nd Street,
construction of same. 222,
265, 328
"
17—Jackson Park, prohibiting the consumption or
use of intoxicating liquor, wine or beer in same.
233
17—Jefferson Park, prohibiting the consumption or
use cf intoxicating liquor, wine or beer in same.
233
"
24—Jordon, Pat, relative to County Care Facilities.
251
June l—Jacquinot, Roberti.. U.S. District Court submit-
ting discharge of bankruptcy notice in case of
same.
265
1—J&RC Inc. Granted Beer -Liquor License.
265
INDEX—BOOK 106
1976
SUBJECT
21—Johnson. Delroy appointed to 5 Flags
"
Center Task Force.
285
21—Jones, Wm., appointed to 5 Flags Center Task
Force.
285
July
6—J. P. Cullen & Son Construction Corporation
awarded contract for Expansion of Water Treat-
ment Plant.
342
6—Jones, Clarence R. Granted Cigarette License and
Beer -Liquor License.
345
6—Julien Motor Inn, Granted Cigarette License.
345
19—"Jean Marie Cardinal Day" Julv 24, 1976.
356
"
19—Javicees requesting transfer of Beer Permit to Mc-
eer.....
'
376
"
19—Johnson, Walter, appointed to Electrical Appeal
Board.
378
Aug.
2—"Jose Cardenal Day" proclaimed on Aug. 9th.
381
"
2—Jackson Street residents requesting removing of
regulatory signs prohibiting parking after 12 A.M.
on alternate days of the week.
386
16—Jacobson Realty Co. to construct concrete pad for
Eagle Foods on Harrison St.
408
Sept.
7—Justmann. C. Robert, relative to Jean Marie Cardi-
nal Canoe trip. ...
434
"
7—Jochum, Nancy A.. Notice of personal property
claim.
436
16—Jefferson Park Steps and Eleventh Street Steps
construction.
473. 500
Oct.
4—Judson Drive, establishing connection charge for
sanitary sewer constructed in same. ...... _ ....
499
"
18—Jurisic, Linda, notice of car damage claim by Mil-
"
waukee Insurance.
514
18—Jaycees requesting support to host 1978 B -B Gun
Championship.
514
Nov.
1—J.F. Kennedy Rd. area, creating Office -Residen-
tial OR -I "a". 537.573, 586. 598
Dec.
6—Justmann. C. Robert, relative to "Operation
Sleigh".
567
6—Jaeger Heights Subd., Sanitary Sewer Extension
„
permit submitted by D.E.Q.
.569
6—"Jaeger Heights", final plat approved.
581
INDEX, BOOK 106
1976
SUBJECT
Page
K
Jan.
5—Key City Bank & Trust Co., appointed depository
fortheCity...
"
5—Kelly's Bluff Properties, sanitary sewer construc-
tion permit issued by D.E.Q..
3
"
5—Kies, Donald, Granted Beer -Liquor License and
Cigarette License.
6, 308
12—Kieffer, Richard J. stating stop lights are needed
at the 22nd & White Street Intersection... .
I I
"
26—KDTH requesting fireworks display at Petrakis
Park on July 4th. ......... I
19
26—Kirchoff Distributing Co., Harford Accident & In-
demnity Co., subrogee for same on behalf of Rob-
ert D. Wagner. Notice of Claim... ...
19
Feb.
2—Konzen, Eldon et al objecting to being annexed
to the City. ....... ... ......
45
"
9—Kirchberg, Gerald C., Granted Beer & Liquor Li-
cense & Cigarette License.
57, 308
23—Katuin Transport on Terminal Board, Dock Board
advising of the consideration for recommending
selling the building and fixtures occupied by
same . ......... ....
76
23—Karr, Robert J., Granted Beer & Liquor License
and Cigarette License. ......... ..........
83, 308
Mar.
I—"Karate Club Appreciation Week" March 8th
thru 14th. .. ......... ...
85
I—Kane Court Neighborhood objecting to rezoning
request of James Schwers. ... ....... .. ..
88
"
1—Klauer Optical Co. relative to property on north-
west corner of Grandview & Delhi............
95
"
8—Karate Club advising of Tang Soo Do Tournament.
102
"
22—Kahle, Robert, objecting to annexation. ....
120
"
22—Kass, Nicholas John, granted Cigarette License
and Beer Permit. . ....... ... ..126, 127, 308, 497
"
22—Klauer, Peter Atty., representing Dick Winsor,
relative to appeal for Beer License at Bunker Hill
Golf Course . ........................... . _
128
"
22—Kluck, M. P., & Sons, Sidewalk Construction Bonds
submitted. .......... ...
130
29—Kaiser, Donald J. and JoAnn C., approving plat of
the Subd. of Lot 4 in Asbury Springs Subd, No. 1,
owned by same . ................ ..
138
29—Klauer, Jake, Attorney for Joseph A. Schumacher,
relative to revoking liquor license at Noel's Tap.
148
"
29—Kurt, Charles appointed to Rehabilitation Commis-
sion. .... ......
148
Apr.
5—King, Francis E., objecting to charging Park
Fees.
150
12—Keating, Mary Jo, presenting project analysis on
Bicentennial Projects. . .......
167
12—Klein, Robert C., appointed to Advisory Commis-
sion. . . ....
178
"
12—Kolek, Richard W. Ill, appointed to Police & Fire
Retirement Board.
178
"
19—Kintzinger, Attorney Charles, for Larry & Diane
Galliart requesting to purchase Lot 4A of M.L. 472
(located along Linwood Cemetery -abutting School
property).
179
INDEX—BOOK 106
1976
SUBJECT
Pa e
19—Kane, Marcella, Notice of personal injuries claim.
191
19—King. Attorney Michael, representing residents for
Washington St. Neighborhood.
181 230
19—Kramer, Thomas, relative to increased sponsor
fees for softball.
182
19—Knights of Columbus =510 Granted Beer & Liquor
License & Cigarette License.
188. 307
26—Kramer. Dick relative to report on Children's Zoo.
191
26—Kueper, Fred C., objecting to handling of fire call
at 492 Kaufmann Ave.
192
26—Kiefer, Mrs. R. J., requesting street lighting be-
tween 22nd & 24th Sts. on White Street.
195, 203
"
17—Kerker, Earl, relative to proposed impoundment
structure on north fork of Catfish Creek... .
239
24—K & K Heating Co. Inc., requesting refund on air-
conditioning permit that was not utilized. .
249
24—Kritz, Karen L., requesting correction of traffic
problems and open culvert on Rosemont Street.
250
24—Klauer, JoAnn H.. Granted Beer -Liquor License &
Cigarette License.
261, 282
June
1—Kluck, David & Thomas, Sidewalk Construction
Bond submitted.
264
"
1—Kiefer, Joseph Granted Cigarette License.
268
1—Klein, Robert C., appointed to Advisory Commis-
sion.
270
7—Kehl, Robert, Granted Cigarette License.
282
7—Klauer, James, Granted Cigarette License and
Beer & Liquor License.
282, 394
7—Koeller, Hazel, granted Cigarette License & Beer-
quor License. 282,
310, 565
"
21—Keystone Drive, Richard Schiltz to install street
lights on same.
296
21—Kachevas, James granted Cigarette license.
307
21—Kwik Food Texaco Station granted Cigarette Li-
cense.
307
"
21—Kopple Market granted Cigarette License and Beer
Permit.
308, 464
"
21—Krajnovich, Elizabeth granted Cigarette License &
Beer -Liquor License.
308, 310
July
6—Kowalski, Emily J., Notice of Personal lnjrues
Claim.
321
6—Kenniker, Anna et al, senior citizens, requesting
reduced water rates.
327
6—K -Mart Granted Cigarette License.
345
19—Keystone Gelatin, sale of R.R. Tracks to same.
320, 349
19—Kluck, Ray, appointed to Electrical Examining
Board.
378
Aug.
2—KDUB, City Solicitor relative to findings of Tele-
prompter for same.
384
16—Kerper Boulevard, vacated portion of same, to Du-
buque Packing Co.
410
16—Kopp, Gene, granted Cigarette License and Beer -
Liquor License.
421, 586
16—Kress, Sandra J. granted Cigarette license.
421
16—Kelly, Charlotte, reappointed to Housing Commis-
SePt•
sion,
7—Kiwanis Club requesting to conduct Kid's Day Pea-
423
nut Sale on Sept. 24.
451
I
I
INDEX—BOOK 106
1976
SUBJECT
7—Kluck, Thomas J., requesting to excavate at 256
Princeton Place.
451
Oct.
4—"Knob Hill Grove" Addn., John Duggan request-
ing vacation of existing utility easement in part
of same. . .........
503
"
4—Knob Hill, plat approving Blocks 6 & 7 in same. .
506, 561
"
4—Kratzer, Larry W., granted Beer -Liquor License &
Cigarette License . ................
509, 525
"
18—Kemp. James R., notice of personal property dam-
age claim.
514, 570
Nov.
1—Kurt, Mrs. Chris, Notice of car damage claim.
534, 556
"
1—Kennedv Road area, creating an Office -Residen-
tial District ORA "a". I ........... I ..... ..
537
"
15—Kelly, Charlotte appointed to Rehabilitation Com-
mission. .. .... 1
565
Dec.
6—Keegan, Mike, relative to awards won by Dubuque
Ambassadors in Iowa Community Betterment
Contest.
567
"
6—Katuin Bros, Inc., Dock Commission submitting
proposed lease with same.
%8
INDEX—BOOK 106
1976 SUBJECT Page
5—Lundh, Alvin E., elected Mayor for year 1976. ..
1
12—Lease with Dubuque Disposal Co., City Manager
recommending renewal of same . ...... ........
9
"
12—Legion, American, requesting to sell poppies on
May 15, 1976. .... I I I .. ...
11
12—Licciardi, Frank, presenting first painting entitled
"New Beginning". . ..
15, 348
"
26—Low-Rent Housing Commission submitting min-
utes of their meetings. ... ..... I .......
18
"
26—Low-Rent Housing Commission redesignated as the
Housing Commission. . ........ .............
23
Feb.
2—Lynch. Joseph, relative to air pollution and leaf
burning. ....... I .. ..
31
"
2—Landfill, proposed, Councilman Brady requesting
$4.75 Gate Fee be established for same.
44
"
9—Loras College by Alpha Phi Omega Fraternity re-
questing to distribute tags on March 20th, declar-
ed as "Shamrocks for Dystrophy" Day.
56
"
9—"Location and Design Study" approved by Federal
Highway Administration for the repaving of Jack-
son St.
56, 81
16—Lucky Stores Inc.. (4) Granted Beer Permits & Cig-
arette Licenses. ...... 72.268. 564
"
23—Lang, Shirley, relative to disposing of buildings
on Terminal Street to Katuin Transport.
77
"
23—Legan, Donald, requesting to be annexed. (DE-
NIED). . _ . .....................
77
Mar,
1—Larsen, Beverly Ann. Granted Cigarette and Class
"C" Beer & Liquor License. .. ....98, 99.282.
509
"
8—Love, Phillip R., refund on Cigarette License and
Beer & Liquor License requested.
106, 121
22—Linden, Rose. Notice of personal injury suit.
119
22—Lundh, Mayor, relative to certified survey plat for
improvements on all properties including Single
Familv. ............ I ......
119, 203
"
29—Lease with Flynn Ready Mix Concrete Co., Dock
Commission submitting amendment to same. 131.
175, 206
"
29—Lease, form of same, with Dubuque County Conser-
vation Society, submitted by Dock Commission.
131,
175. 206
29—Lease Agreement and all amendments thereto by
Thruput Terminals. Inc. to Conticarriers & Ter-
minals. Inc., consent of the City & Dock Commis-
sion to assignment of same. 1 1
136
147
29—Lenger, Joseph R. Granted Beer Permit.
Apr.
5—League of Women Voters, relative to annual Budget.
149
5—Leonard Oil Co.. Granted Beer Permit and Cig
arette License.
165, 308
12—Lorenz, Mary J., Notice of Personal Injury Claim.
168
12—Lynch, Joyce J., appointed to Community Develop
ment Commission.
178
26—Loeffelholz. George authorized to construct a
194
chain link fence.
26—Lona's Inc., Granted Beer & Liquor License & Cig
arette License.
198, 308
May
3—Local Option Transient Guest Tax, recommending
217
adoption of House File 873.
INDEX—BOOK 106
1976 SUBJECT Page
10—Low Water Pressure concern, neighborhood of
King Street. I ....... ........ I ... . 1
219
"
17—Luber, Lloyd P., Sidewalk Continuation Certificate
submitted.
229
"
24—LaMour, Richard, Notice of claim for property
damage. ... ... ..
246. 401
June
1—Lange, Elsie, requesting suspension of taxes.
264
"
I—Litscher, Ida A., requesting suspension of taxes.
264
"
1—Lukens, Joe, Sidewalk Construction Bond sub-
mitted.
264
"
21—Licciardi, Frank, appointed to 5 Flags Center Task
Force. ...... .......I.....1.
285
"
21—Luras College granted Cigarette License & Beer
Permit. . ..................... ... .. .
307, 564
"
21—Love, Kenneth Jerome granted Cigarette License
& Beer -Liquor License.
308, 310
"
21—Lucas, Michael J. granted Cigarette License.
308
21—Lenstra, Thelma granted Cigarette License.
307
"
21—Lange, James granted Cigarette License.
307
July
6—Lammer, Wm. H., Granted Cigarette License.
345
"
19—Lugrain, William, Sidewalk Construction Bond sub-
mitted. ... ............ .... ... .....
349
20—League of Women Voters, relative to purchase of
Caradco Buildings.
379
Aug.
2—Lions Club requesting use of parking lot at Mc-
Aleece Field for September 7, 1976, sponsoring a
circus.
385
16—League of Women Voters submitting "Presiden-
tial Debates: Equal Times for Issues"
399
"
16—Library Director requesting adoption of a revised
penalty and fee financial structure effective Sept
6, 1976.
401
"
16—Light Industrial District, prohibited uses in same
401
16—Landfill, temporary permit to operate same on
City Island. ..
421
"
16—Long John Silver's granted Beer Permit.
422
16—Lux, Wm. J., appointed to Government Task
Sept.
Force. .........
3—Lynch, Mr. of City Development Board, relative to
423
change in annexation map. ....
429
3—Lundh, Alvin, appointed to Civic Center Building
"
Committee.
429
.......
7—Landscape Architectural Dept. of Iowa State Uni-
versity requesting to make study of bluff areas in
"
City.
7—Lime Street, vacated, approving
435
interest of part of sato PerfectiontOl Comsal -
pany. .... 457, 500
Apert, Sandra, granted Cigarette License and
„
Beer -Liquor License. .. 463, 465, 565
27—Lang, Dock Commissioner
favoring the purchase
of real estate from Mihalakis
Oct.
and Schwartz.
4-1-enstra, Gloria, Notice
480
of personal property
damage claim.
4—Langworthy, Booth and Nevada Streets, requiring
vehicles to stop
486
at intersection of same.
4—Law Enforcement Training, approving
488
same. funds for
508
INDEX—BOOK 106
1976 SUBJECT
Page
19—League of Women Voters supporting ANNEXA-
TION.
512
18—Landegaard. V. S., appointed to Community Devel-
opment Commission.
527
Nov. 1—Landfill Progress Report submitted by Solid
Waste Agency .... . . .. ..........
550
I—Lucas, Michael J., granted Beer -Liquor License.
552
15—League of Women Voters submitting name of
Maxine Griep for Proposed Citizens for Annexa-
tion Committee.
554
15—Lang, Shirley, relative to cost of housing of the
" Floyd".
555
Dec. 6—Leasing of Dove Harbor, Attorney Bertsch relative
to same.
6—Lighting on lower Main St.. Community Develop-
568
ment Commission requesting funds for same.
583
6—Lundh, Mayor submitting resignation from Coun-
cil.
586, 595
20—Luras College. Recreation Director submitting
agreement with same for use of San Jose Center.
as amended. 1.11 ......
595
'20—Labor Negotiations progress report submitted by
City Manager.
596
20—Liebold, Thomas, relative to method of assessment
of Tower Hills Mobile Home Park and Tower Hills
for City of Dubuque 1976 Asphalt Paving Project
No. 1.
601
INDEX—BOOK 106
1976 SUBJECT
Page
M
Jan. 5—Mayor, Alvin E. Lundh elected same.
1
5—Mayor Pro -Tem. Emil Stackis elected same.
1 s
5—Moldenhauer, Kerin, presented picture of past
Mavors, brochure of prayers.
1, 3
12—Mettel-Byrne Addn.. water main extension approv-
ed by D.E.Q.
8, 16
12—Murwin, Mike, advising the Washington Park Pro-
has been designated as an official Bicenten-
ject
nial Project in the State of Iowa.
8
12—Maple & 15th Sts., two stop signs installed at same
per request of Mrs. Dorothy Haigh.
9
12—Metelak, Janet K., City Solicitor recommending ap.
propriate budgetary provisions be made for pay-
ment to same ................. .......
9
" 12—Mond, Joe• objecting to extension of Highway =52.
11
" 12—Meriwether, J. Bruce, on behalf of 1st National
Bank, objecting to proposed extension of White
St.. between 21st & 24th Sts.
I1
" 12—Meyers, Donald R.. appointed to Community De-
velopment Commission. ......
13
26—Moldenhauer Wayne, relative to programs of His-
toric Preservation . .... . ........... ..
16
26—Mihalakis, City Engineer White relative to said
matter.
18
26—Muscular Dystrophy Ass'n., requesting to conduct
a Mother's March on 2.8-76.
22
" 26—March of Dimes requesting to conduct Walk-A-
Thon on April 3, 1976.
22
" 26—Moldt, Harold L., Jr., appointed to Rehabilitation
Commission. .....
29
Feb. 2—Manager for Five Flags Theatre, job description
for same . . ............. ... ..... .
33, 58
" 9—Moldenhauer, Wayne relative to Ecology Control
request to lease property on Dove Harbor.
53
" 9—Mettels, John P., Subd. No. 2, Fred J. Gibson & Co.
Realtors requesting rezoning in same located at
3422 Asbury Rd.
55
9—Marting, Mary Lee, submitting resolution against
pornography.
57
" 9—Mayor's Industrial Development Advisory Com-
mittee situation referred to Council Work Session
to be held on Feb. 19. 1976. ......
58
" 16—Mettel Realty & Investment Co. requesting to in-
stall street lights in Block 16 & 17 on Admiral
Street.
63, 87
" 23—Moldenhauer, Wayne, relative to dispose of build-
ings on 'terminal Street to Katuin Transport.
77
23—Milbrandt, Paul• relative to Citizens Survey. .
77
Mar. 1—MacNider, William A., Jr., resigning from Commu-
nity Development Commission. . .
85
1—Miller, Mrs. Dan (Beth) relative to Community
Development Funds for Colt
86
.45s.
" I —Myers, Cathy A., relative to possible spillage of
sewage into the Mississippi River by City of Min-
eapolis.
87
" 1—Marc's Big Boy Corp., granted Cigarette License.
98, 308
INDEX—BOOK 106
1976 SUBJECT pa
8—March, Claude, relative to Community Develop-
ment funding.
101
8—Miller, Art, relative to Block Grant Program.
101
" 22—Meyers, Donald C., Secy'y-Treas. of Solid Waste
Agency requesting monies in 1977 budget for en-
gineering studies for energy recovery system. .
114
" 22—Market Master, defining the authority and duties of
same.
119, 133
" 22—Memorial Day Committee requesting to conduct
parade on May 31, 1976.
120
22—Manternach, Thomas J., granted Beer Permit.
127
Apr. 5—"Mental Health Month" entire month of May.
149
5—Meriwether, Pres. Chamber of Commerce, relative
to budget.
149
5—Merchants Mutual Bonding Co., Dept of Iowa certi-
ficate certifying same is able to transact business
in the State.
150
" 5—Miller, Mary A., Granted Beer & Liquor License. .
166, 412
" 5—Moeller, Joyce L., Granted Beer & Liquor License
& Cigarette License.
166, 308
12—Mini-buses, Carolyn Menke requesting purchase of
same.
168
12—Marine Corps League, representing group on "Iowa
Day" in Philadelphia.
174
12—Meyer, Dennis, relative to Pony Express Ride.
174
F 26—Mullen, James, submitting report on progress of
Children's Zoo.
191
" 26—Miller, Beth, relative to Colt .45's request for Bi-
centennial Contest.
196
" May 3—Marquette Place, objections to paving in 1976 As-
phaIt Paving Project No. 1.
210
3—Marquette Place DELETED from 1976 Asphalt
Paving Project No. 1.
212
3—Marco's Inc., Granted Beer & Liquor License &
Cigarette License.
216, 307
" 10—Meyers, William L., concern of low water pressure
on King St. & Neighborhood. 219, 264,
434, 467
17—"Music On the March Day" June 20, 1976.
228
17—Men's Softball Ass'n. regarding cost of operating
soft ball program.
229
17—Maus Conservation Park, prohibiting the consump-
tion or use of intoxicating liquor, wine or beer in
same.
233
17—Madison Park, prohibiting the consumption or use
of intoxicating liquor. wine or beer in same.
233
t' 17—Maiers, Joseph G., relative to proposed impound-
ment structure on north fork of Catfish Creek.
239
24—Miller, Thomas J., Attorney, representing Fred
Y Sievers, relative to water bills collected by Utilitv
Services.
246, 288
June I—Mazurek, Evelyn A., requesting suspension of taxes.
264
I —Meyer, Kermit. Granted Cigarette License.
268
„ 1—Miracle Car Wash Granted Cigarette License,
268
eer-Li-
I—Meitl, Cyril, Granted Cigarette License & Beer-Li-
268,345.562.
quor License & Refund. 268,345,562,
598
1—Milbrandt, T. Paul, appointed to Advisory Commis
sion.
270
i—Moldenhauer, Kerin, appointed to Advisory Commis
sion.
270
INDEX—BOOK 106
1976 SUBJECT
Page
" 7—Mihm, Bernard W. & Florence, requesting sus-
376
pension of taxes.
271
7—Mihm, Bernard W., behalf of son Mark David.
389
settlement of personal injury claim. ...... ..
271
" 7—Murphy, Orville & Sam Friedman granted Cig-
389
arette License & Beer -Liquor License.
282, 509
7—Miller, Neil, granted Cigarette License.
282
" 21—Miles, Sr. Mary Carolann appointed to 5 Flags Cen-
393
ter Task Force. ..........
285
" 21—Miller, David, appointed to 5 Flags Center Task
423, 429
Force.. .. .... .. ......... .. .........
....
285
" 21—Mozena, Mrs. Darryl appointed to 5 Flags Center
429
Task Force. . . ....... .. . ......
285
" 21—Merritt, Mrs. F. Benjamin, relative to referendum
434
for Civic Center.
286
" 21—Mihalakis, Phillip, awarded contract for demolition
436
and removal of the Naval Reserve Buildings and
436
garage on Volunteer Dr. ............
300
21—Meyer, Catherine M.. Granted Beer Permit & Cig-
469
arette Permit. . ..... 308, 309
21—Meyer, Herman granted Cigarette License. 308
21—Mihalakis, Shirley granted Cigarette License &
Beer -liquor License. 308, 565
" 21—Mescher, Vincent W. granted Cigarette License. 308
21—Mr. Steak No. 121 granted Cigarette License. 308
24—Mosalem Township, portion of same to be an-
nexed . .................... 314
July 6—Montgomery Ward & Co., granted Cigarette Li-
cense. 345
6—Morett, M. F. Granted Cigarette License. 345
19—Mihalakis, John P. Granted Cigarette License &
Beer -Liquor License. 376, 509
19—Merchants Hotel Granted Cigarette License 376
19—Milk House (Earl Tegeler) Granted Cigarette Li-
cense & Beer Permit. ..........
376
Aug. 2—Misko, Wm., objecting to W. 32nd St. Sanitary
Sewer. . .... . ......
389
" 2—Mohr, Cecil, objecting to W. 32nd St. Sanitary Sew-
er.
389
2—Mihal, Gus, favoring W. 32nd St. Sanitary Sewer.
389
2—Municipal Government Task Force created.
393
" 2—Mister Donut granted Cigarette License.
393
16—Murphy, Dallas relative to paving of English Lane.
412
16—Municipal Government Task Force appointments.
423, 429
Sept. 3—Merritt, Jackie, appointed to Civic Center Building
Committee.
429
..... , . _ .
" 7—Moldenhauer, Kerin, relative to Jean Marie Cardi-
nal Canoe trip. ..........
"
434
7—Middendorf, Bernard, by General Casualty Co..
notice of claim.
436
7—Moser, Malena Kay, Notice of injury claim.
436
7—Murdock, Stacey, appointed to Airport Commission.
13—Men's
465
Recreation Ass'n. requesting 35 acres of
land to erect 8 softball complex.
469
27—Mihalakis and Schwartz, Approving form of Option
to purchase real estate described as Block 2 in
"Riverfront Subdivision No. 2" from same.
27—Moldenhauer,
480
Wayne, favoring purchasing real es-
tate from Mihalakis
and Schwartz.
480
INDEX—BOOK 106
1976 SUBJECT
Pa
Oct. 4—Mihalakis, Louis et al, submitting second exercise
of five yearly renewal options for one year from
1-1.77 to 12-31-77 on former City Garage....
" 4—Mayor's Industrial Committee recommending sale
484
of land in Riverfront Sub. #5 to Dubuque Screw
Products Inc. ..... ..
" 4—Mills, Janann, in behalf of Minor Jennifer L.
484, 515
Mills, Notice of personal injuries claim.
" 4—Marugg, Keith, by American Interinsurance Ex-
486
change subrogation rights, notice of claim.
486, 513
..
18—Matelak, Janet K., settlement of claim against City
and Jack & Diane Beatty...
513
18—Milwaukee Insurance, in behalf of Linda Jurisic,
notice of car damage claim....... .....
"
514
18—Municipal Code Corporation, approving Code of
Ordinances from same.
"
515, 535
18—Meier, Leo J., appointed to Community Develop-
ment Commission.
"
527
18—Melson, Eric appointed to Human Rights Commis-
sion. ......
Nov. l—Mettel-Byrne Addition, approving plat of Blocks
527
14 & 15.
547
15—Merritt, Mrs. Jackie relative to various cost items
of Five Flags Civic Center. ...
"
555
15—Martha Court changed to read Sundown Court.
557
Dec. 6—Moldenhauer, Kerin relative to "Operation
Sleigh".
567
6—Moldenhauer, Wayne, recommending not to pro-
ceed any further toward mooring of "Sergeant
Floyd". ....................
568
6—Mettel-Byrne Addn., Water Main Extension per-
mit submitted by D.E.Q. .........
"
569
6—Menadue, Donald J., settlement of personal in-
jury claim. .. ........ ...
571
6—March of Dimes requesting to conduct its annual
Mother's March during Jan. 1977,
575
6—Municipal Airport, approving the execution of a
1st agreement for a Project from the Adminis-
trator of the Federal Aviation Administration, re-
lating to Federal Aid in the development of
same. ...
6—Master Plan Study, authorizing the acceptance of
580
a Grant Offer from the United States relating to
the preparation of a same.
580
6—"Marilyn Place" final plat approved.
581
6—Main Street lighting, Community Development
Commission requesting funds for same.
583
6—Mayor Lundh, submitting resignation from Coun-
cil. 586,
20—Miller, Karl Sr., notice of car damage claim.
595
598
20—Milk Inspections, approving application to the
Iowa Secretary of Agriculture for authority to
conduct same.
"
599
20—Millman, Norene J., granted Cigarette and beer -
liquor license. 607, 609
20—Mayor and Councilmen's pay to be increased. 609
INDEX -BOOK IN
SUBJECT
Page
1976
Mc
Feb.
16—McKav, Richard V. et al residents of Arrowhead
more
Dr. and Indian Ridge, requesting police
...•......
protection. ..
Robert, relative to 2nd & 4th St. Neighbor-
63
Mar.
1—McCov,
86
hoed lighting. ............. .
29—McNamara, Patrick, appointed to Zoning Board of
Apr.
Adjustment.
26—McGuire, Clem Trust, by American Trust & Sav-
148
ings Bank, Notice of personal property claim. .
193
May
10—McAllister, Maria T., Notice of Suit involving inci.
dent occuring at Carnival Lounge... ..
220
June
21—McCauley, Frank, appointed to 5 Flags Center
Task Force. ........ .
285
Aug.
2—McKinley, S., objecting to W. 32nd St. Sanitary
Sewer. ...................
389
"
16—McCullough, Ed., manager of Teleprompter, ad-
vising of removal of Channel 6 to make room for
pay channel.
399
Sept.
27—McEllhiney, William, favoring purchase of real es-
tate from Mihalakis and Schwartz.
480
Dec.
6—McIntyre, James, granted Cigarette and Beer -Li.
quor License.
584. 585
20—McElihiney, William, resigning from Dock Board.
595
"
20—McClain Subdivision, Planning & Zoning approving
final plat of same. ... ..... . 1
599
INDEX—BOOK 106
1976
SUBJECT
Page
N
Jan.
12—Nigg, Randy, relative to fund drive for Washing-
ton Park restoration. . . .
8, 206
"
12—Neuwoehner, Russel, relative to City Park plans
and time capsule construction. . _ .
8
"
26—"National Children's Dental Health Week" Feb. 1st
week.
15
"
26 --Northeast Iowa Chapter of March of Dimes re-
questing to conduct Walk-A-Thon on April 3,
1976.
22
Feb.
9—Nash, Ruth & Russell, requesting to permit low -
impact shops, art galleries, florists and gift shops
to be added as uses in O -R Zones.
56
9—National Guard Armory location offer from Du -
Community School District. 58,
72, 93
"
23—"National Engineers Week" Feb. 22nd to 28th. ..
76
"
23—Nauman Addition, Lots 31, 32, 33 & 34 of Block 1 of
same, Planning & Zoning recommending denial
for reclassification of same. (Schwers).
77, 87
Mar.
I—Norby, Attorney Gary, on behalf of James Schwers,
relative to rezoning of his property.
88
8—Noel's Tap, relative to revoking liquor license of
same. ......
105, 148
22—Norby, Atty. for James Schwers requesting zoning
permit refund. . ............... ...
120, 132
29—N.W. Bell Telephone Co. requesting to place man-
hole at Decorah St., and requesting to place a
buried cable east along 16th St. from the alley
east of Jackson St. to Sycamore St. and along Ker -
per Blvd. from 16th to Janlin Plastic. ...
137
Apr.
5—Naughton, Dennis presenting scoll for the "Wagon
Train". ....
149
19—Nauman, Cletus A., Sidewalk Construction Bond
submitted. ......
181
"
26—Ney. Raymond, Granted Beer & Liquor License &
Cigarette License. I .
198, 308
May
3—"National Salvation Army Week" May 10th to 16th.
201, 218
10—Nauman, Nobert, Notice of car damage claim.-
220
17—"National Tennis Week" June 19-27. ....
228
17—Norton Estate, Pat J., Notice of Expiration
of Right of Redemption and for taking Tax Deed
on property in East Dubuque Addn. owned by
same.
230
"
17—North Fork of the Catfish Creek, relative to im-
poundment structure on same. .
239, 512
24—Nelson, Peggy, requesting to keep
Girl's Center open.
250
24—Nash, Russell W., requesting special permit for
galleries and shops on 4th Street between Bluff St.
and the bluff
250
24—NAVAL BUILDINGS, Demolition and Removal of
same and Garage Project. 1 257, 274, 300, 471
June 1—Norman, Wayne, relative to "Cathedral Square"
plans. 263
1—Nash Finch Co., Granted Cigarette License & Beer
Permit. 268. 509
7—NOISE STANDARDS, relative to Traffic Ordinance
amended. 272
INDEX, BOOK 106
SUB1EC
Page
1976
21—Nigg. Randal, appointed to 5 Flags Center Task
285
Force. ......
21—Northwestern Bell Telephone Co. requesting to
296
excavate at 22nd & Central. .... . .
21—Needham & Prospect Sts.. Mrs. Louis Brown et al
297
requesting street light on same. . ...... ...
Improvement Plans for certain Com-
" 21—Neighborhood
munity Development Project Areas. (Washing-
ton St.. 4th St., 11th St., North Dubuque). . 3U2, 331
" 21—Nachtman Tire Co. granted Cigarette License.
307
" 21—Nesteby Mobil Service granted Cigarette License.
307
" 21—Nabors Drug No. 4, granted Cigarette License.
308
21—Ney, Albert J. & Dolores Roeth granted Cigarette
License & Beer-Liquor License... ... . 308, 310
21—Norton, James L. granted Cigarette License.
308
Julv 6—North Dubuque Neighborhood Community Devel-
opment Project (Area 2A), approving the Neigh-
borhood Improvement Plan for same.
335
" 19—Nigg. Randy, relative to progress on 5 Flags Civic
Center Referendum. ......... .
348
" 19—Naughton, Dennis, report on paintings by Frank
Licciardi.
348
Aug. 2—Notices of Expiration of Right of Redemption
and for Taking Tax Deed for properties in Steger
Heights, City Lots 438, 439 and part of 676, Out
Lot 727 and Lot 99 in Belmont Addn.
381
" 2—Notice of Finding of no significant effect on the En-
vironment for various projects under Title I of
Housing & Community Development Act, proof of
publication. .................. .
391
" 16—Nuveen & Co., John awarded bid for =5,700,000.
Water Revenue Bonds. ................. I ...
397
Sept. 3—Noonan, Frank, appointed to Municipal Govern-
ment'rask Force.429
.........................
" 3—Norman, Wayne, appointed to Civic Center Build-
ing Committee. .....................
429
" 3—Nigg, Randy, appointed to Civic Center Building
Committee. .......................
429
" 7—"National Cancer Day" September 8, 1976.
431
" 7—Neustadt, Harry, relative to Jean Marie Cardinal
Canoe Trip..................................
433
" 13—"National Dog Week" September 19th to 25th, 1976.
466
Oct. 4—Naughton, Dennis submitting final financial re-
port of Dubuque '76. .... . ..
483
4—Nevada & Langworthy intersection, vehicles to
stop at same...
..............................
489
" 18—Nash, Russell, presenting their book "Art Coopera-
tives". ......... .,
511
" 18—Notices of Expiration of Right of Redemption and
taking of tax deed in Langworthy's Addn., Stine's
Sub. of M.L. 471 & 472 and Bellevue Addn.
512
" 18—Nemmers, Kay, granted Beer Permit. ..
526
" 18—Nugent, Betty appointed to Recreation Commission.
527
Nov. 1—Nash, Russell et al, relative to zoning request for
historic preservation.
539
Dec. 20—"Nesler Heights on Grandview" final plat ap-
proved.
605
INDEX—BOOK 106
1976 SUBJECT Pae
0
Jan. 5—Ordinance No. 1.76 An Ordinance amending and
96
changing Ordinance No. 32-75 known as the "Zon.
ing Ordinance and Zoning Map of the City of Du.
97
buque, Iowa" by repealing Subsection 6 of Section
10-101 of Article X thereof and enacting a new Sub-
section 6 of Section 10-101 of Article X in lieu there -
31
of to provide a change of fees from $25.00 to $5.00
07
for application for variance in said Fee Table. 4.
20
07
5—Ordinance Amending and changing Ordinance No.
08
32-75 known as the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa" by repealing
.10
Section 4-102.4 of Article IV thereof and by enact-
ing a new Section 4-102.4 of Article IV in lieu there-
of and by adding a new Subsection (4) to Section
4-118.5 of Article IV to provide for the inclusion
135
of cemeteries, mausoleums, columbariums and
chapels as conditional uses in each of said respec-
tive sections. (NOT ADOPTED). .....
12—O'Brien, Police Chief, relative to Gun Control Ordi-
5
348
nance.
12—Overweight vehicles, Art Pape Transfer Inc. con-
7
cern over same....
" 12—ORDINANCE granting permission to transfer the
8
Community Antenna Television permit for Du -
381
buque, Iowa, to Teleprompter Corporation, a New
York Corporation.
10
26—Ordinance No. 4-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
391
ing Ordinance and Zoning Map of the City of Du-
buque. Iowa", which amendment shall zone and
397
classify territory recently annexed to the City of
Dubuque, Iowa, in Dubuque Homes Center Grove
429
Place, in a C-3 Arterial Business Commercial
429
District. (POWERS FORD INC.) 21,
Feb. 2—Ordinance No. 5-76 An Ordinance amending and
62
changing Ordinance No. 32-75 known as the "Zon-
429
ing Ordinance and Zoning Map of the City of Du -
431
buque, Iowa" by adding a new Subsection (5) to
Section 4-104.4 of Article IV thereof and by adding
433
a new subsection (4) to Section 4-118.5 of Article
466
IV to provide for the inclusion of cemeteries,
mausoleums, columbariums and chapels as con -
483
ditional uses in residential (R) districts and in
the institutional district (ID). . 34,
78
489
2—Ordinance No. 2-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du.
511
buque, Iowa" as amended, by enacting a new sub-
section 8 to Section C of Schedule III thereof and
by enacting a new Subsection 9 to Section E of
512
Schedule III thereof to provide EAST and WEST -
526
BOUND vehicles MUST STOP BEFORE ENTER.
527
ING THE INTERSECTION OF JOHN K KEN-
NEDY ROAD AND UNIVERSITY AVE.........
35
539
2—Ordinance No. 3-76 An Ordinance establishing
Rates and other charges for the Services of the
605
Transport and/or Disposal Facilities provided
by the Dubuque Metropolitan Area Solid Waste
Agency.
43
INDEX—BOOT{ 106
Page
1976SUBJECT
" 2—Ordinance No. 6-76 An Ordinance amending and
Ordinance No. 32-75, known as the "Zon-
changing
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" by repealing Subsection (4) of Sec-
tion 4-112.2 of Article IV thereof and enacting a
new subsection (4) of Section 4-112.2 of Article IV
in lieu thereof to provide for the inclusion of drug
stores, health care supply, and similar retail
convenience goods stores as principal permitted
uses in the C-1 District.. 44,
79
" 9—Ordinance No. 7-76 Amending Ordinance No. 181
by repealing Section 7 thereof and repealing Sec-
tion 9 thereof and enacting a new Section 7 and a
new Section 9 in lieu thereof, defining Powers &
Duties of the Dock Board.
54
" 9—Ordinance to require the disclosure by retail dis-
tributors of retail unit prices of consumer com-
modities sold, offered to be sold, or displayed for
in the City of Dubuque. (NOT ADOPTED).
54
sale
" 9—Ordinance No. 8-76 Vacating a dedicated alley lo-
cated between Lot 1 of Audubon Addition, Lot 308
and Lot 2 of 309 of Glendale Addition No. 3 in the
City.
55
" 23—"Official World Day of Prayer" March 5th. ...
76
Mar. 22—Ordinance No. 9-76 An Ordinance creating and es-
tablishing A Central Market, the display and sale
of merchandise and food thereon, prohibiting the
display of food on streets and sidewalks elsewhere
;
in the City, appointing a Market Master and defin.
ing the authority and duties of the Market Master
and repealing Ordinance No. 23-52. Ordinance 38
and Ordinance No. 207, and prescribing penalties
for violation thereof. ......... I . 119,
132
" 22—O'Brien, Police Chief, relative to Beer Permit for
Richard Winsor at Bunker Hill Golf Course.
128
" 29—O'Dowd, Patrick T., Sidewalk Construction Bond
submitted. ........ .......
130
" 29—Ordinance No. 10-76 An Ordinance authorizing
James W. Grant to replace retaining wall on
Raymond Place .............
134
" 29—Ordinance No. -76 An Ordinance amending Ordi-
nance No. 32-75, known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque, Iowa"
so as to reclassify properties bounded on the North
by East 14th St., on the West by White St., on the
South by East 12th St. and on the East by Washing-
ton St. from the C-4 General Commercial District
to the ORA Office -Residential District classifica-
tion; and to further amend Ordinance No. 32-75
by reclassifying properties bounded on the North
by East 14th St. on the West by Washington St., on
the South by East 13th St. and on the East by the
alley lying between Elm St. and the railroad
tracks from the H -I Heavy Industrial District to
the OR -1 Office -Residential District Classifica-
tion. 136, 181,
230
" 29—Ordinance No. 12-76 An Ordinance vacating that
portion of Inwood Avenue as shown on correction
plat of Lots 6.19, inclusive, in Hawkeve Estates.
(HEFEL). 141.
169
INDEX—BOOK 106
1976 SUBJECT Page
" 29—Ordinance No. 13.76 An Ordinance vacating In-
wood Avenue and Hawkeye Drive as shown in
plat in Lots 1 to 29 inclusive, and Lot A in Hawkeye
Estates in the City of Dubuque. (HEFEL). 142, 170
29—O'Brien, Police Chief, relative to revoking liquor
license at Noel's Tap. 148
Apr. 5—OK Home Improvement Co. Sidewalk Construc-
tion Bond submitted. 154
5—Ordinance No. 11-76 An Ordinance repealing Ordi-
nance No. 35-73 and enacting a new ordinance es-
tablishing fines for parking violations and provid-
ing for administrative collection thereof. 154
" 5—Ordinance No. -76 Amending and changing Ordi-
nance No. 32-75 known as the Zoning Ordinance
54 4C^
and Zoning Map of the City of Dubuque. Iowa by
repealing Section 6-107.3 Sections 6.107.4 and Sec-
tion 6-107.6 of Article VI thereof and enacting a new
Section 6-107.3, Section 6-107.4 and Section 6-
54
107.6 of Article VI in lieu thereof, to repeal the re-
quirement of public hearing and notice to any
property owners other than abutting property
owners on matters subject to the issuance of a
55
variance. ..... ... .. 156, 351
76
5—Ordinance No. 22-76 Amending and changing Ordi-
nance No. 32-75 known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque, Iowa" by
repealing Section 8-103.2 of Article Vlll thereof
and enacting new Sections 8-103.2, 8-103.3, 8-103.4,
and 8-103.5 of Article VIII in lieu thereof, so as to
clarify procedures for the administration of zon-
ing reclassification requests, and providing for
circumstances in which public hearings may not
132
be required. 156, 248, 289
" 5—Ordinance No. 23.76 Amending and changing Ordi-
128
nance No. 32-75, known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque, Iowa" by
110
repealing Subsection 5(a) and 5(c) and Section 10-
101 of Article X thereof and enacting new subsec-
tions 5(a) and 5(c) of Section 10-101 of Article X in
1:34
lieu thereof to provide a change fee structure for
reclassification of property. 156, 247, 291
5—Ordinance No. -76 An Ordinance creating and es-
tablishing the Dubuque Cable TV Commission, de-
scribing the purposes, funding and make-up there-
156
of.
" 19—O'Brien, Police Chief, participating in a grant and
seminar sponsored by the Iowa Law Enforcement
Agency. !85
26—Ordinance No. 18-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" so as to reclassify portions of Lots
14, 15, 16, 17 and 18 in Jaeger's Subdivision from
R-3 Residential District Classification to the L -I
I 230
Light Industrial District Classification (DEFEN- 194 232
DI).
26—Ordinance No. 14-76 An Ordinance authorizing
George Loeffelholz to construct a chain link 194
1 169
fence.
INDEX—BOOK 106
1976 SUBJECT
Page
Niav 3—O'Brien, Police Chief, hearing on liquor license at
Franklin Presley. 202, 227
the Broken Spur Tavern,
3—Ordinance No. 15-76 An Ordinance fixing and es
tablishing rates to be charged for the furnishing
of Water for residential, commercial. industrial
and other uses and purposes, within and without
the City of Dubuque. Iowa, prescribing a penalty
for violation hereof, and repealing Ordinance No.
64-68. .... 204, 326
10—Office of Planning P Programming, relative to
approval of typical units.
219
10—Ordinance No. 16-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa" as amended by repealing Subsec-
tion 22 of Section A of Schedule IV thereof and
enacting a new Subsection 22 to Section A of Sched-
ule IV in lieu thereof to limit parking of motor ve-
hicles on both sides of Clarke Dr. from N. Grand-
view Ave. to St. Ambrose St. and the north side
of Clarke Dr. from N. Grandview
Ave. to the E.P.L. of 1799 Clarke Dr. .
221
10—Ordinance No. 17-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa" as amended by repealing Subsec-
tion 22 to Schedule VI thereof and enacting a new
Subsection 22 to Schedule VI in lieu thereof to pro-
hibit the parking of motor vehicles on the north
side of Clarke Drive from Heeb St. to the East
Property Line of 1799 Clarke Dr. . . .... ......
221
" 17—Ordinance No. 19.76 An Ordinance amending Ordi.
nance No. 24-69 by repealing Section 3 thereof and
enacting a new Section 3 in lieu thereof to prohibit
the consumption or use of intoxicating liquor,
wine or beer in Cleveland Park, Madison Park,
Jackson Park, Washington Park, Caledonia Park,
Jefferson Park, Flat Iron Park, Grant Park, Oak-
wood Park, Play Lot at 17th & Elm, Allison Hen-
derson Park and Maus Conservation Park.
233
" 17—Oakwood Park, prohibiting the consumption or use
of intoxicating liquor, wine or beer in same...
233
" 17—Ordinance No. 20-76 An Ordinance amending Ordi-
nance No. 11-69 by repealing Section 2 thereof and
enacting a new Section 2 in lieu thereof to provide
for the fixing and establishment of rates and
prices for transportation of passengers by taxi-
cab. (CAB INCREASE). .. ....... ... I ....
235
" 17—Oak Crest & Berkeley, Mrs. Charles Cushing re-
questing yield, Stop or speed limit sign at inter.
section of same.
236, 322
" 24—"Operation Friendship Week", July 13th to 21st.
243
" 24—Ordinance No. 24-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
ing Ordinance and Zoning Map of the City of Du.
buque, Iowa" so as to reclassify three parcels of
hereinafter described property lying in the South
11: of Mineral Lot 453 in the City, at the Northwest
intersection of Bonson Rd. and Asbury Rd. from
AG Agricultural District to the R-1, R-2 and R-3
Residential District Classifications, (BURBACH)
247, 292
lt►
INDEX. BOOK 106
1976 SUBJECT
Page
" 24—Ordinance No. 25-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" which amendment shall zone and
classify territory recently annexed to the Citv in
Henschel's "Black Forest" in an R-2 District,
which real estate is described as "Lot 2 of Hen-
schel's 'Black Forest' in Table Mound Township
and consisting of 0.60 acres more or less. 249, 293
June 1—Ogaard, Gertrude S., requesting suspension of
taxes.
264
l—Otting, Eugene A., Granted Cigarette License &
Beer -Liquor License. 268, 310
" 7—Ordinance No. 21-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa", as amended, by repealing subsec-
tion b of Section 30.3 and by adding a new subsec-
tion j and a new subsection k to Section 30.1 and
by adding a new subsection IV to Section 30.2a
thereto to establish Noise Standards to prohibit
the operation of motor vehicles in violation of es-
tablished noise standards and providing penalties
for violation hereof.
272
7—Ordinance No. 32-76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa", so as to extend the effective date of
provisions known as Section 5.101.4 regulating the
parking and storage of vehicles within residential
districts. 1 ... .
274, 324
21—O'Brien, Mrs. James appointed to 5 Flags Center
Task Force.
285
" 21—Ordinance No. 31-76 An Ordinance creating the
office of Director of Public Works, providing the
qualifications of said Office and the appointment
of a Director of Public Works.
294, 324
21—Ordinance No. 26-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa", as amended, by adding a new sub-
section 112 to Schedulc VI thereof to prohibit the
parking of motor vehicles on both sides of Second
Street from Bluff Street to the alley, East.
294
21—Ordinance No. 27-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa", as amended by adding a new sub-
section 10 to section E Schedule 111 thereof to pro-
vide that eastbound vehicles must stop before en-
tering the intersection of Bluff Street and West
12th Street.
295
21—Ordinance No. 28-76 An Ordinance amending Ordi-
nance No. 66.70 by adding a new Section 20 thereto
to provide that the proceeds from fees charges
shall first be used to pay disposal fees to Dubuque
296
Metropolitan Area Solid Waste Agency.
" 21—O'Neill, William granted Cigarette License and
3U8, 465
Beer -Liquor License.
308
21—Osco Drug Inc. granted Cigarette License.
308
21—O'Hara Texaco granted Cigarette license.
308, 451
21—Ogen, Coletta granted Cigarette License.
lr►
INDEX—BOOK 106
1976 SUBJECT
Page
21—O'Hara, John P. granted Cigarette License.
over proposal
308
July 6—O'Brien, Dr. & Mrs. James, concern
Educational Channel 11 with pay TV
to replace
Channel.
" 6—Ordinance No. 29-76 An Ordinance amending Ordi-
320
No. 33-49 known as the "Traffic Code of Du-
nance
buque, Iowa", as amended by adding a new Sub-
section it to Section F. of Schedule III thereof to
provide that southbound vehicles on Oak Crest
Drive must stop before entering the intersection
of Berkley Street.
" 6—Ordinance No. 30-76 An Ordinance amending Ordi-
322
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa", as amended, by Repealing Section
1 of Schedule II thereof and enacting a new Section
I to Schedule II in lieu thereof to provide that West
12th Street be designated a thru street from the
West Line of Bluff Street; thence to the West
Property Line of Grove Terrace: Grove Terrace
to the North Line of Arlington Street from 12th
Street: Arlington Street from Grove Terrace to
the West Line of Highland Place. ...
323
" 6—Ordinance No. 33-76 An Ordinance amending Ordi-
nance No. 15-76 by repealing Section 1 and Section
2 thereof and enacting a new Section 2 in lieu there-
of fixing and establishing rates to be charged for
the furnishing of water for residential, commer-
cial, industrial and other uses and purposes with-
in and without the City of Dubuque, Iowa.
326
" 6—Osborn, Don, relative to Rotary Club's request to
hold Auction in Town Clock Plaza in September.
327
" 6—O'Connor, Brooks & Co. to audit financial condition
and transactions of Water Utility, Parking & Sew-
age Facilities for fiscal period July 1, 1975 thru
June 30, 1976 ..............
328
" 19—Ordinance No. 39-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa", by repealing Section 6-107.3, Sec-
tion 6-107.4 and Section 6.107.6 of Article VI there-
of and enacting a new Section 6-107.3, Section 6-
107.4 and Section 6-107.6 of Article VI in lieu there-
of, to repeal the requirement of public hearing
and notice to any property owners other than
abutting property owners and to include the post-
ing of property on matters subject to the issuance
of a variance.
351
" 19—Ordinance No, 34-76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon.
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa", by repealing Subsection 1 of Section
4-119.5 of Article IV which prohibited Residential
Use of property in the Light Industrial District.
351, 401
" 19—Ordinance No. 35-76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" by enacting a new Section 5-102.3 of
Article V to establish yard setback requirements
in Commercial and Light Industrial Districts.
352, 402
INDEX—BOOK 106
1976 SUBJECT Page
19—Ordinance No. 36.76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" by repealing Section 5-106 of Article
V thereof, and enacting a new Section 5-106 of Ar-
ticle V in lieu thereof to provide for Residential
Dwellings in Commercial and Light Industrial
Districts. 352, 403
19—Ordinance No. 38-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa, so as to reclassify hereinafter de-
scribed properties, bounded on the North by East
14th Street. on the West by Washington Street, on
the South by East 13th Street and on the East by
the alley lying between Elm Street and the Rail-
road Track, from the H -I Heavy Industrial Dis-
trict to the L-1 Light Industrial District Classifica-
tion. 352, 405
19—Ordinance No. 37-76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa", which amendment shall establish
a Planned Unit Development designation on
Property hereinafter described lying in a R-4 Res-
idential District in "Highland Farm" in the City
of Dubuque, Iowa (Wernecke). 1 353, 404
19—Oberembt, Charles appointed to Plumbing Board. 378
Aug. 2—ORDINANCE No. 48-76 An Ordinance amending
Ordinance No. 35-57 by repealing subsection a. of
Section 4 thereof and enacting a new subsection
a. of Section 4 in lieu thereof; by repealing subsec-
tion b. of Section 4 thereof and enacting a new
subsection b. of Section 4 in lieu thereof; by re-
pealing subsection c.5 of Section 4 thereof and en-
acting a new subsection c.5 of Section 4 in lieu
thereof; by repealing Section 8 thereof and enact-
ing a new Section 8 in lieu thereof to provide for re-
vision of Schedule of Rates, to provide for mini-
mum sewage rental charges and to provide for
penalty for failure to pay such charges; and re-
pealing Ordinance No. 65-68. 385, 469, 486
16—Ordinance No. 40-76 An Ordinance authorizing
Jacobson Realty Company to construct concrete 408
pad for location of compactor.
16—Ordinance No. 42.76 An Ordinance vacating Lot 1
"A" of Block 5, "Dubuque Packing Company Ad-
dition" in the City of Dubuque, Iowa, (Formerly
known as Hickory Street) for sale to Dubuque 410, 438
Packing Company in amt. of $500.
16—Ordinance No. 41-76 An Ordinance vacating Lot
A, Block 8 in "River Front Subd. No. 3" in the
City of Dubuque, Iowa being a portion of Kerper
Boulevard adjacent to Lot 1 of Block 8 and Lot 1 of
Lot 2 of Lot 2 of Block 8, each in said "Riverfront
Subdivision No. 3" in the City of Dubuque, Iowa,
for sale to Dubuque Packing Company in the 411 437
amount of $IW.
INDEX—BOOK 106
1976 SUBJECT Page
16—Ordinance No. 43.76 An Ordinance vacating Lot
3W A in East Dubuque No. 2 (formerly a part of
Maple St.), Lot 300 B in East Dubuque No. 2 (For-
merly a part of East Seventeenth St.) and Lot 300
C in East Dubuque No. 2 (Formerly a part of East
Eighteenth St.), all in the City of Dubuque. Iowa.
for sale to Dubuque Packing Co. in the amount of
X750. 412, 441
Sept. 7—Ordinance No. 52-76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon-
ing Ordinance Map of the City of Dubuque, Iowa"
by repealing Section 6-106.3 of Article VI thereof
and enacting a new Section 6-106.3 of Article VI
in lieu thereof, to include the posting of property
and notice to abutting property owners on mat-
ters subject to the issuance of a Conditional Use
Permit. 443, 490
7—Ordinance No. 44-76 An Ordinance regulating the
disposal of sewage and wastes into public sewers
of the City of Dubuque, regulating the construc-
tion of septic tanks and other private sewage dis-
posal systems, providing penalties for the viola-
tion thereof, and providing for the repeal of Ordi-
nances No. 38-55 & 39-57. 444
7—Operating Agreement. between Dubuque Metropol-
itan Area Solid Waste Agency and the City of Du-
buque approved. 455
13—Ordinance No. 45-76 An Ordinance amending Ordi-
nance No. 33-49 known as the Traffic Code of the
City of Dubuque, Iowa, by adding a new subsec-
tion 12 to Section F of Schedule III thereto to stop
southbound traffic entering the intersection of
Windsor Avenue and Davis Street. .. . 468
27—Ordinance No. 46-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque, Iowa" as amended by repealing Subsec-
tion 14 of Section A of Schedule IV thereof which
limited the parking of motor vehicles from 9:00
A.M. to 6:00 P.M. on the west side of Maple Street
from East 17th Street to East 18th Street. .. . 479
27—Ordinance No. 47-76 Approving an annual dinner
meeting and conference for members of the
Boards and Commission of the City of Dubuque,
Iowa. 481
Oct. 4—Ordinance No. 49-76 An Ordinance amending Or-
dinance No. 33-49 known as the "traffic Code of
Dubuque, Iowa" as amended by adding a new
Subsection 30 and a new Subsection 31 to Section
A of Schedule III thereto to stop East and West
Bound vehicles before entering the intersection of
Langworthy and Booth, and Langworthy and
Nevada Streets. 488
INDEX—BOOK 106
1976 SUBJECT Page
4—Ordinance No. 50-76 An Ordinance amending Ordi-
nance No. 37-65 known as the "Street Parking
Meter Ordinance of Dubuque, Iowa", as amended
by repealing Subsection 6.3.9 of Section 6.3 of
Parking Meter District C thereof and enacting
a new Subsection 6.3.9 of Section 6.3 Parking Met-
er District C. in lieu thereof to limit the parking
of motor vehicles on street hereinafter designat-
ed. 489
" 4—Ordinance No. 51-76 An Ordinance amending Ordi-
nance No. 37-65 known as the "Street Parking
Meter Ordinance of Dubuque, Iowa", as amended
by repealing subsection 6.1.9 of Section 6.1 Park-
ing Meter District A in lieu thereof to limit the
parking of motor vehicles on streets hereinafter
designated.
490
" 4—Ordinance No. 53-76 An Ordinance providing for
Municipal Collection of Garbage and refuse; de-
fining terms; prescribing rules and regulations
therefore; establishing a collection fee therefore;
requiring City Manager to prepare "Delinquent
List" and providing for the collection of delin-
quent charges as provided by law; restricting the
private collection of garbage and refuse; provid-
ing for the licensing and regulation of private
garbage and refuse collectors; prescribing rules
and regulations for hauling garbage, refuse and
other waste materials within or through the City
of Dubuque; prohibiting the deposit of litter with-
in the City of Dubuque, providing penalties for
violation thereof; and repealing Ordinance No.
66-70. ....
492
" 4—O'Dowd, Patrick T., awarded contract for con-
struction of Ilth Street Steps and Jefferson Park
Steps.
502
4—Oxberger, Ruth and Roger Piekenbrock granted
Cigarette License.
508
18—Oyen, Coletta A. refund on Beer -Liquor License.
515
" 18—Ordinance, Code of same, approving same. .... ..
515, 535
18—Orpheum Theater, restoration/ renovation com-
pleted. .. .....
518
18—O'Hara, J & P Inc., granted Beer Permit.
526
Nov. I—"Operation Sleigh" advising of Christmas Pro-
ject.
532, 567
1—O'Shaughnessy, Gerald R., Notice of personal
peroperty claim.
533
]—Ordinance No. 54-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, 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 be-
tween Elm Street and the Railroad Tracks, from
the H -I Heavy Industrial District to the L-1 Light
Industrial District. . .
492, 534
INDEX—BOOK 106
1976 SUBJECT Page
1—Ordinance No. 55-76 An Ordinance adopting the
Codification of all Ordinances of the City of Du-
buque, Iowa, of a general or public nature or im-
posing a fine or penalty, including codes and maps
adopted by reference, as the official Code of the
City of Dubuque, Iowa, as provided for and pursu-
ant to Chapter 380 of the Code of Iowa; providing
for the title and citation of the Code; repealing
all ordinances and parts of Ordinances of a gener-
al or public nature or imposing a fine or penalty,
passed on or prior to September 15. 1975, except
those not contained in said code or recognized and
continued in force by reference therein. provid-
ing penalties for the violation of the several sec.
tions thereof; and prescribing the time when this
Ordinance shall be in full force and effect... 535
I—Ordinance No. 59-76 An Ordinance vacating that
portion of Viola Street Iving North of Eagle Street
in the City, being 40 feet in width and 100 feet in
length and ordering disposal thereof, to Dubuque
Community School District. 537, 560
1—Ordinance No. 60-76 An Ordinance amending and
changing Ordinance No. 32.75 known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" to enact a new Section 4.109.7 of Ar-
ticle IV thereof, creating an Office -Residential
District OR -1 "a" prescribing, therein, a general
statement of intent, principal permitted uses, ac-
cessory uses, conditional uses, prohibited uses,
and a schedule of district regulations for said dis-
trict. .. 538, 572
1—Ordinance No. 61-76 An Ordinance amending and
changing Ordinance No. 32-75, known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque, Iowa" so as to reclassify certain herein-
after described properties from OR -1 Office -Resi-
dential District Classification, and R-5 Residential
District Classification to OR -1" "a" Office -Resi-
dential District Classification. (Mettel Subd.) 538, 573
I—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 Du-
buque, Iowa, to Dubuque Storage and Transfer. 539, 558
15—Ordinance No. 56-76 An Ordinance changing the
name of Martha Court to Sundown Court, in Asbu-
ry Springs Subdivision No. 3, in the City of Du-
buque, Iowa. 557
15—Ordinance No. 57-76 An Ordinance amending Ordi-
nance No. 33-49 known as "The Traffic Code of Du-
buque, Iowa", as amended by adding a new Sub-
section 9 to Section C of Schedule 111 thereof to
provide that westbound vehicles on West Fifth
Street must stop before entering the intersection
of Delhi Street and West Fifth Streets. 558
INDEX. BOOK 106
1976 _ _ SUBJECT
Page
Dec. 6—Ordinance -76 An Ordinance amending Zoning
Ordinance No, 32-75 repealing Section 4-109.4 of
Article 1V and enacting a new Section to provide
for the issuance of conditional use permits for cer-
tain limited commercial activities, hereinafter
described, in areas or structures of historical or
architectural significance within the OR -1 Office
Residential District. (Referred to 1977).
574
" 6—Ordinance No. 62-76 An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of Du-
buque. Iowa", as arnended by adding a new Sub-
section 9 to Section C of Schedule 111 thereto to stop
westbound vehicles entering the intersection of
Windsor Avenue and Davis Street.
574
" 20—Ordinance No. -76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque. Iowa" so as to reclassify certain properties
all lying on John F. Kennedy Road from OR -1 Of-
fice -Residential District Classification to OR -1"a"
Office Residential District Classification.
598
" 20—Ordinance No. -76 An Ordinance amending and
changing Ordinance No. 32-75 known as the "Zon-
ing Ordinance and Zoning Map of the City of Du-
buque. Iowa" to enact a new Section 5-108 of Ar-
ticle V thereof, to set forth provisions therein pro-
viding for regulation, requirements and the defi-
nition of Adult Entertainment Establishments.
598
" 20—O'Brien, Sheri. Notice of personal injury claim.
598
INDEX—BOOK 106
1976 SUBJECT Page
P
Jan. 5—Pluemer, Daniel J. & Sharon Rose, Notice of
personal injury and property claim.
4
5—Planning & Zoning submitting amendments to Zon-
ing Ordinance No. 32-75 to reduce the fee for Ap-
plication of Variance from $25.00 to $5.00 and to
include cemeteries, mausoleums, columbariums,
and chapels as Conditional Uses in all Residential
Districts and in the Institutional District. 4, 34.
78
" 12—Property Valuations. Edgar M. Dempsey expres-
sing concern over same.
8
" 12—Pape Transfer Inc., Art, relative to overweight ve-
hicles and Ordinance No. 50-74.
8
" 26—Peoples Natural Gas advising of rate reduction
and increase effective 1-19-76.
15
" 26—Playground & Recreation Commission submitting
of their meetings... 15,
59, 102, 115, 167, 180, 228, 320, 348, 431, 511, 531.554, 594
" 26—Planning & Zoning recommending denial of re-
zoning property at 3061 Asbury requested by First
Baptist Church for 7th Step Foundation. . .
17
26—Planning & Zoning recommending denial of peti-
tion of Cyril Boge for rezoning property at 2349 &
2365 University Avenue...
17
" 26—Planning & Zoning Commission submitting minutes
of their meetings.... . 18,
77, 116, 192, 244, 263, 285, 348, 381, 431, 484, 511, 531, 567, 594
" 26—Parker, Ravis, by Hartford Insurance, Notice of
Claim. ......... ... _
20
26—Planning & Zoning recommending rezoning prop-
erty in Dubuque Center Grove Place. (Dave Pow-
ers Ford, Inc.) 21,
62
" 26—Project Notes, Notice of Sale of same for the Down.
town Renewal Project, Iowa R-15. ($463,000.).
24
Feb. 2—Planning & Zoning recommending approval to in-
clude drug stores, health care supply & similar
retail convenience goods stores as permitted
uses in C-1 Commercial District.. .. 44,
79
2—Planning & Zoning approving final plat of "Asbury
Springs Subd. No. 2". (Property lies south of As-
bury & east of J.F.K. Rd.) (POWERS).
46
" 2—Planning & Zoning approving final plat of Blocks 1
thru 7 in "Phase One of Stone Hill Community
Subd. No. I" in the City. (North of Davis and West
?
of Windsor)............
49 s
9—Puts, Linda, representing Girl Scout Troops 81 &
= 162, requesting to be representatives for City on
Bicentennial Committee.
55
9—Project Concern for the elderly & Retired Inc., re-
questing Council representative on their Board.
(DENIED). .......
55
9—Pornography, Mrs. Mary Lee Marting objecting to
same. I .......... I.
57
" 16—Peterson, Jean E., relative to open runoff sewer
drains especially along Windsor. .
59
16—Planning & Zoning submitting annexation poli-
cy' 61,314.
350
INDEX—BOOK 106
197t; SUBJECT PaRe
16—Peoples Natural Gas requesting to cut two holes on
East 14th Street.
63
16Police Protection, more of same requested by
residents of Arrowhead Dr. and Indian Ridge.
63
23—Pay TV, UAW Local 94 relative to same.
76
23—Planing & Zoning recommending denial of reclas-
sification of lots 31, 32, 33 & 34 of Block 1 of Nau-
man Addition as requested by James Schwers.
77, 87
" 23—Planning & Zoning relative to annexation request
of Donald Legan.
77
Mar. I—Pregler, Walter, Colt .45 Drum & Bugle Corp ineli-
gible for Community Development funds. . . .
86
" 1—Planning & Zoning recommendation of approval of
final plat of Block 4 & 5 of "Timber Ridge" Addi-
tion. (Henschel).
94
22—Planning & Zoning recommendations on zoning of
Washington St. Neighborhood.
117, 491
" 22—Peru Rd. residents objecting to annexation.
120
" 22—Peg-O-Mesa Sub., residents adjoining same object-
ing to annexation of same.
120, 265
" 29—Planning & Zoning recommending final plat of
"Asbury Springs Subdivision No. L".
138
" 29—Planning & Zoning recommending final plat of
Lots 1 thru 15 of "St. Mary's Place No. 2. (Chaney
Rd. Between Kane & Kaufmann.)
139
{
" 29—Planning & Zoning, relative to Lot I thru 29 incl..
Lot A, Inwood Ave. & Hawkeve Drive, all in Hawk -
eye Estates Subdivision. (1-EFEL).
139, 172
Apr. 5—Park Fees, objecting to charging same.
150, 167
" 5—Parking Violations increased.
154
1 5—Planning & Zoning submitting proposed amend-
ments to zoning Ordinance. .. . .. . .. 155,
247. 248
" 5—Public Hearing on reclassification, amending Or-
nance 32-75. 156,
248. 407
" 5—Planning & Zoning submitting plat of Blocks 5 & 6
in "Sherwood Park".
163
" 5—Palmer, Richard E., Granted Beer Permit.
165
" 12—Pony Express Ride requested by Dennis Meyer.
174
" 12—Peoples Natural Gas requesting to excavate on
Rhomberg Ave.
174
" 12—Planning & Zoning Commission, appointments to
same.
178
" 12—Police & Fire Retirement Board, appointment to
same.
178
" 26—Powers, David J., street lights in Asbury Springs
Subd. No. 1.
192
" 26—Planning & Zoning recommending rezoning lots in
Jaeger's Subd.
193
" 26—Palm, Kenneth J., requesting to excavate on
Grandview Ave.
195
" 26—Potts, Gene, requesting land be set aside for park
on western part of City. .
196
May 3—Presley, Franklin, liquor license at Broken Spur.
202. 227
" 17—Planning & Zoning relative to Ken Schromen re-
zoning request for property in Davis Farm Addn.
"
229, 245
17—Planning & Zoning relative to zoning issues in por-
tions of the Washington Street Neighborhood.
231. 405
" 17—PARK BOARD RESOLUTION, prohibiting the
drinking of liquor, wine or beer in certain parks.
L'33
INDEX—BOOK 106
1976 SUBJECT Page
" 17—Play Lot at 17th & Elm. prohibiting the consump-
tion or use of intoxicating liquor, wine or beer in
same.
233
" 24—Putchio, Tyrone, represented by Attorney Clem-
ens, regarding yard requirements on Ohio Street,
adjacent to Stardust Beauty Salon. 1 1
244
" 24—Planning & Zoning regarding storage of Re.
creational Vehicles.
245, 273
" 24—Pregler, Roy, relative to rezoning at 2769 Central
Ave. ...
246
" 24—Peoples Natural Gas submitting 1975 Operating
Statement, Balance Sheet Information and De.
tail of Plant of same.
246
" 24—Planning & Zoning relative to petition of Carl
Burbach requesting reclassification in Buena Vis-
ta Subd., northwest intersection of Asbury & Ron-
son Dr.
247
" 24—Planning & Zoning recommending annexation of
"Henschel's Black Forest".
248
" 24—Palm, Ken requesting purchase of Lot 2-1-1-1-1.1-1.1
of Mineral Lot 342 located at corner of Kaufmann
& Grandview Aves.
250
June 1—Planning & Zoning relative to plans for "Cathe-
dral Square".
263, 271
" 1—Palm, Cletus, Sidewalk Construction Bond sub-
mitted.
264
" 1—Pregler, Walter, relative to the closing of Eagle
Point Park earlier.
265
" 1—Pohlen, George William, Granted Beer Permit &
Refund. .
269. 353
" 7—Phillips, Bill, relative to storage of vehicles.
274
" 7—Planned Use Report (General Revenue Sharing)
for period of July 1, 1976 -Dec. 31, 1976, submitted.
278, 297
" 7—Project Notes (Third Series 1976), in amt. $384.000,
approving sale of same for Downtown Urban Re-
newal Project, Iowa R-15.. ...
280. 329
" 7—Parochetti, David Granted Cigarette license &
;F
Beer -Liquor License. 282.
377, 451
" 7—Pride Service Granted Cigarette License (2)
"
282
21—Peterson, Walt, appointed to 5 Flags Center Task
Force.
285
21—Pierotti, Gene appointed to 5 Flags Center Task
. Force.
285
21—Puts, Timothy appointed to 5 Flags Center Task
„ Force.
285
21—Peoples Natural Gas advising of gas rate increase.
285
21—Planning & Zoning relative to rezoning request of
Wm. Giese, intersection of E. 30th & Elm Sts.
"
286, 433
21—PUBLIC WORKS DIRECTOR. Ordinance creating
officeofsame.
t
„
21—Powers Land Co. to install street lights in Asbury
294, 323
Springs Sub. =2.
"
297
21—Planning & Zoning approving final plat of "Sun-
rise Heights". (Richard)
"
304
21—Planning & Zoning approving final plat of "Arbor
Oaks" (Schwers).
21—Planning & Zoninga
306 312
g PProving final plat of "Birch
;
" 21—Plumley, Donald granted Ci gk
306 f
arette License.
3(17
INDEX—BOOK 106
1976 SUBJECT
Page
21—Powers Ford Inc., Dave, granted Cigarette Li.
cense.
309
21—Ponderosa Steak House granted Cigarette Li-
cense.
308
21—Pusateri, Michael F. granted Cigarette License &
Beer -Liquor License. 307, 345
21—Paradiso, Thelma, granted ,Cigarette License &
Beer -Liquor License, 308, 310
21—Pizza Hut granted Cigarette License.
308
21—Palmer Drug granted Cigarette License.
308
21—Polfer, Joseph granted Cigarette License.
308
" 24—Peru Township, portion of same to be annexed.
314
July 6—Planning & Zoning, relative to zoning classification
of property on Sullivan Street requested by L. C.
Wolff.
321
6—Pennsylvania & Illinois Sts., John Glynn et al re-
questing installation of street lights at same.
327
" 6—Public Works Projects on Countercycle Bill includ-
ing Potting House Greenhouse, Tennis Courts, In-
dustrial Island Fill, Roosevelt & Marshall Parks,
Urban Renewal, Sidewalk Program, Storm Sew-
ers, City Garage, Sanitary Sewers and Street
Lighting.
:342
19—POLICE DEPARTMENT, Civil Service Commis-
sion submitting list of applicants eligible for ap-
pointment to same.
349
" 19—Planning & Zoning submitting Ordinance amend-
ing Zoning Ordinance No. 32-75 wherein Public
Hearings not be required.
350
19—Planning & Zoning relative to Dale Wernecke's re-
quest for rezoning in Highland Farm & St. Rose
Place; west side of Chaney Rd. between Asbury
Rd. and Kaufmann Ave.
353, 404
19—Peoples Natural Gas Co. requesting to excavate in
street at 556 Clarke Dr.
353
" 19—Planning & Zoning recommending rezoning of por-
bon of Washington Street area from H -I Heavy In-
dustrial District to L -I Light Industrial District. .
352
19—Piekenbrock, Roger R. Granted Beer -Liquor Li-
cense.
377
" 19—Plumbing Board appointments.
378
Aug. 2—Peoples Natural Gas advising of gas rate in-
crease.
382
2—"Power of Prayer Inc". requesting to conduct a
possession on Oct. 3, 1976.
386
" 2—Planning & Zoning approving plat of Buena Vista
r' Subd. No. I (Burbach).
391
i 16—"Presidential Debates: Equal Time for Issues"
presented by League of Women Voters.
399
16—Peoples Natural Gas requesting to excavate in ten
year street, Loras Blvd.. between Cox & Bel-
mond.
412
16—Planning & Zoning approving plat of Asbury
Springs w 3 (POWERS).
416
16—Police & Fire Retirement Systems for the Fiscal
Year ended June 30, 1976, approving Financial
reports of same.
417
16—Permit, Temporary, issued from D.E.Q. for opera-
tion of City Island Landfill
421
INDEX—BOOK 106
1976
SUBJECT
Pace
16—Pearce. Douglas reappointed to Housing Commis-
sion.
423
Sept.
7—Planning & Zoning advising of reclassification pe-
titions from W. Heitzman, Steve Bisenius. H -R -W
Associates and Don Staley. 433, 569, 597
7—Planning & Zoning relative to notification to abut-
ting property owners in matters pertaining to is-
suance of a Conditional Use Permit. .
443
7—Perfection Oil Co., approving the disposal of inter-
est of part of vacated Lime Street to same. . 457, 500
"
7—Public Works Employment Act of 1976. Asst. Citv
Manager submitting resolution relative to admin-
istrating same. 462, 485, 522, 533
"
13—Planning & Zoning approving final plat of West
Ridge Second Addition. (Miller).
470
13—Project Notes (Fifth Series 1976) authorizing the
publication of same in the amount of $274,000.
472
"
13—Projects possible for Federal Funding; Iowa Street
Parking Ramp, Town Clock Pedestrianway,
Greenhouse -Potting House, City Hall (DENIED),
City Garage, Fourth Street from railroad to ter-
mination at Hoodwall, Cedar Cross Water Line
and Seventeenth Street Storm Sewer. .
476
Oct.
4—Parking Meter Ordinance amended (4th St. be-
tween Locust & Bluff and 9th St. between Iowa &
Locust St., and Locust & Bluff Streets).
489, 490
"
4—Planning & Zoning approving final plat of Blocks 6
and 7 in "Knob Hill Addn. (John Duggan, Regina
Duggan Trust). . . _ . .. ..........
506
"
4—Piekenbrock, Roger & Ruth Oxberger granted Cig-
arette License.
508
18—Peoples Natural Gas advising of price increase.
512
Nov.
1—Planning & Zoning relative to rezoning of Office -
Residential Districts in the John F. Kennedy
Road area .............................. . ..
537. 572
"
I—Planning & Zoning relative to public hearings to be
held for Iowa Oil Co., Russell Nash et al and adult
entertainment establishments.
539, 596
"
1—Parking meters (4) to be removed on Central Ave..
parking for handicapped, requested by County
Board of Supervisors.
539
"
]—Planning & Zoning submitting and approving final
plat of Blocks 14 and 15 in Mettel-Bryne Addition..
547
1—Planning & Zoning approving final plat of Blocks 1
& 2 in "Phase Two of Stone Hill Community Subdi-
vision".
549
I—Progress Report on the Dubuque Sanitary Landfill,
submitted Solid Waste Agency.
550
Dec.
15—Peoples Natural Gas advising price increase.
6—Planning & Zoning submitting
554
Ordinance to provide
for conditional use for limited
permits commer-
cial activities in areas or structures of historical
or architectural structures.
574
6—Planning & Zoning approving final plat of "Marilyn
Place".
1.581
6—Planning & Zoning approving final plat of "'Jae-
ger Heights".
6—Police Officers, resolution providing funds for
hiring 2
581
additional.
583
INDEX—BOOK 106
1976 SUBJECT
Page
" 20—Peoples Natural Gas advising of rate increase.
594
" 20—Peterson, Mrs. Lyle H., relative to non -ridership
on City Bus Lines.
594
" 20—Palm, Ken requesting to purchase real estate on
north side of Kaufman Ave. .
595
" 20—Planning & Zoning relative to zoning request of
Gerald and Thomas Swift in Equestrian Heights.
597
" 20—Planning & Zoning providing for the inclusion of
several properties on J.F.K., Road in the recently
created OR -Pa" Office Residential District Clas-
sification.
598
20—Planning & Zoning relative to establishing areas for
Adult Entertainment.
598
20—Planning & Zoning approving final plat of McClain
Subdivision.
599
" 20—Planning & Zoning approving final plat of "Nesler
Heights on Grandview".
605
" 20—Pay Increase recommended for Mayor and Coun-
cilmen.
609
20—Pregler, Walter, appointed to fill unexpired term of
Alvin E. Lundh on the City Council.
609
INDEX—BOOK 106
1976 SUBJECT Pa Rf,
0
Apr. 26—Quinlan, Dr. John, relative to report on Children's
Zoo. 191
INDEX—BOOK 106
1976
SUBJECT
Page
R
Jan.
5—Russo, R. N., appointed City Solicitor.
1
5—Runde. Robert, submitted to serve on Community
Development Commission to represent Labor re-
quested by Federation of Labor.
3
"
12—Reynolds, JoAnn, appointed to Human Rights Com-
mission.
13
26—Recreation Commission submitting an issue
"Funding for Community Summer Orchestra".
16
"
26—Roling, Gilbert, Sidewalk Construction Bond ap-
proved. .......16
"
26—Reynolds, Attorney H. F., requesting settlement of
claims filed by Arenz Shoe Company involving
moving expenses incurred as part of Urban Re-
....... ... ...... ...
newal.19
26—Richardson, Tina, Notice of Claim.
19
"
26—Ring, Richard J., Granted Cigarette License.
27, 106
26—Rehabilitation Commission, appointments to to same.
. . ....... . ... . ...... I .... 11 29,148,178,
565
Feb.
2—Ryker, Karen S., resigned from TV Advisory
Commission. .. ........ I .... .....
31
"
2—Rommel, Roger, owner of A & W Restaurant Drive -
In. City Solicitor submitting findings on same. .
32
"
2—Rates and other charges established for the Ser-
vices of the Transport and/or Disposal Facilities
provided by the Dubuque Metropolitan Area
Solid Waste Agency. . _ ............
43
"
2—Rubber Railroad Crossings, information submit-
ted by Goodyear Tire & Rubber Co., relative to
same. ...........
52
"
9—Rehabilitation Commission, submitting minutes
of their meetings. ..53, 150, 201, 348, 399, 483,567,
594
"
9—Recreation Commission submitting pay schedule
for Five Flags Theater Manager.
58
16—Reisen, Clarence, objecting to assessment for
J.F.K. Sanitary Sewer.
64
"
23—Relocation Assistance & Land Acquisition Policies
Act to be filed with D.O.T. ....
80
Mar.
1—Rossiter, Paul, resigning from the Rehabilitation
Commission. ............... .....
85
1—Rossiter, Paul, relative to lighting of Main St.
from 4th to 2nd.
86, 101
8—Rytan, Lynn relative to G.A.I.N. in Community
Development Funding. I . _ ........... I ...
101
8—REVENUE SHARING FUNDS, Account No. 16-2-
031-007 for 18 month period ending June 30, 1975,
submitted by City Manager. ...
105
8—Rutledge, Mrs. Rolan Notice of Sewer Claim. ...
106
22—Redding, Don, consideration for appointment on
Board of Adjustment. . ...........
114, 148
22—Rehabilitation Commission, reconstruction of
same. ... I .........
115
22—Robinhood Drive area residents, objecting to an-
nexation. . ........
120
29—Rockdale Road Bridge replacement, Shive-Hattery
selected as engineering consultant for a location
and design study of same. I .... ... 1
146
INDEX, BOOK 106
1976
SUBJECT
Page
Apr.
5—Robert's River Ride, Certificate of Insurance sub-
mitted.
154
"
5—Renslow, Dolly, Suit for personal injuries denied.
154
5—Regal "8" Inn, Granted Cigarette License.
164, 308
26—Russo, Antonia, objecting to petting zoo.
192
"
26—Rutledge, Mrs. Rolan, Denial of personal property
claim.
193
Mav
3—Roarig, Ernie, commended for work well done on
Flood Wall and accomplishments completed on
the Strut Program.
216
"
10—Riverside Bowl, Inc. Granted Beer -Liquor License
& Cigarette License.......... 227, 282
"
17—Recreation Commission relative to softball fee in-
creases . ........ ............
229
"
24—Recreation Commission relative to placement of
sculpture completed by Tom Gibbs. .
244
"
24—RECREATIONAL VEHICLES regarding storage
of same. 245, 273,
286, 324
"
24—Rosemont St., concern over open culvert and traf-
fic problems on same.
250
"
24—Richard Construction Co. requesting permission
to install light standards in Sunrise Heights Sub.
250
June
I—Recreation Commission relative to American
Folk Arts Festival.
263
"
1—Ricken, Leona. requesting suspension of taxes.
264
"
1—Roth, Josephine• requesting suspension of taxes.
264
1—Rosenow, Robert J., requesting 10:00 curfew at
Eagle Point Park. ...
265
"
7—Revenue Sharing Planned Use Report submitted
by Ass't. City Manager......... .. 1
278, 297
"
21—Rosenow, Edward appointed to 5 Flags Center
Task Force. .......... . .......
285
"
21—Rundle, Floyd appointed to 5 Flags Center Task
Force.
285
"
21—Reardon, Anne, objecting to Pay TV Channel
286
"
21—REFERENDUM. for Civic Center, Five Flags Ex-
exutive Committee requesting same. . 286, 312,
373, 459
21—Runde, Bob, relative to referendum for Civic Cen-
ter.
286
"
21—Republican Central Committee requesting to sell
beverages in Town Clock area on June 26, 1976.
296
21—Richard, James, approving plat of "Sunrise
Heights" for same. .......
305
"
21—Ramada Inn Motel granted Cigarette License and
Beer -Liquor License.
307, 474
21—Ring's Fine Food Restaurant granted Cig-
arette License.
307
21—Randall's Foodarama granted Cigarette Li-
cense & Beer Permit.
307, 475
21—Roshek's Dept. Store granted Cigarette Li-
cense.
307
„
21—Residorf, Joseph granted Cigarette License
& Beer -Liquor License.
308, 310
21—Revelle, Patricia granted Cigarette Li-
cense & Beer -Liquor License.
308, 377
21—Rupp, Merwin granted Cigarette License.
308
21—Roy, Sally Jo granted Cigarette License & Beer -
Liquor license.
308, 377
21—Ritz Lounge granted Beer -Liquor License.
310
Index-Book 106
1976
SUBJECT
Page
July
6—R.R. Tracks at Gelatin & American Builders, Dock
54
Commission relative of sale of same ............. 320, 349
54
6—Rosedale Addn. Lot 51, Andy Frommelt requesting
08
to purchase same.
327
92
6—Rotary Club requesting to hold Auction in Town
Clock Plaza in Sept. ... . ........ ..... 327, 383
93
6—Rehabilitation Loan & Grant Program in Four
Community Development Project Areas, au-
thorizing the submission for release of funds for
16
same. ...........
337
6—Reconstruction of COOPER PLACE STEPS
82
FROM WEST FIFTH ST. TO COOPER PLACE. .339,
386
6—Ring, Richard J. Granted Cigarette License. .....
345
29
6-11 & S Enterprises. Inc., Granted Cigarette Li-
cense. .............. ...
345
Aug.
2—Rohr, Earl, objecting to W. 32nd St. Sanitary
'44
Sewer.
389
"
2—Randall's =2, Granted Cigarette License, and Beer
X24
Permit.
393, 394
"
16—Revenue Sharing for period July 1. 1975 to June 30,
!SO
1976, submitted by Asst. Citv Manager. .. ..
400, 432
"
16—Reynolds, Attorney, on behalf of Merwyn Ellis,
50
relative to yard setback requirements. .........
402
"
16—Residential Dwellings in Commercial & Light In-
!63
dustrial Districts, providing for same. ..........
403
!64
Sept.
3—Reilly, Mike, appointed to Civic Center Building
!64
Committee. ...... 1
429
"
7—Reilly, Jody, relative to Jean Marie Cardinal Cance
!65
trip.
434
"
7—Rampson. R. Dean objecting to nuisances in Go-
!97
mer's area.
436
"
7—Recovery Concept, supporting continued explora-
!85
tion of the Solid Waste same.
457
Oct.
4—Refuse rate increases, approving same. ..... _ .
492
!85
4—Runde, Mr., relative to construction of wall in al-
186
ley in Althauser's Subd. .... ..... ......
496, 565
"
18—Reuter, Stella, settlement of personal injury claim.
513
459
18—Ryan, James E. granted Cigarette License & Beer
Permit.
526
t86
18—Recreation Department, appointments to same.
527
18—Reilly, C. Michael appointed to Recreation Com-
196mission.
527
"
18—Roussel, Steve, appointed to Community Develop-
305
ment Commission. ........
527
Dec.
6—Rehearing to be held on Annexation on Dec. 6,
474
1976. ....... .
568
6—Recreation Director submitting financial and par.
307
ticipation report on the operation of the San Jose
Center thru November, 1976. . ... ...........
569
475
6—Rossiter. Paul, relative to lighting on lower Main
Street. 1. ... ........ ... I............
583
307
6—Resignation from Council submitted by Mayor
Lundh. ............
586, 595
310
20—Recreation Director submitting agreement with
Loras College for use of San Jose Center, as
377
„
amended. I .... . ....
595
308
20—Reding, Carol J.. relative to discrimination be-
tween home owners and owners of mobile home
377
units due to allowance of homestead property
310
credit.
595
1
INDEX—BOOK 106
1976 SUBJECT Page
20—Replacement of City Hall Electric Service and
Associated Equipment completed. 605
20—Rehabilitation Commission submitting proposed
guidelines for the Interim Assitance Rehabilita-
tion Loan and Grant Program. 607
RESOLUTIONS
Jan. 5—Resolution No. 1-76 Providing for the appoint-
ment of a City Manager, City Clerk, and City Soli-
citor for the City of Dubuque, Iowa, and fixing
their Bonds, and providing their salaries.
1
5—Resolution No. 2-76 Designating the Official news-
paper of the City of Dubuque. Iowa, "The Tele-
graph -Herald".
1
5—Resolution No. 3-76 Naming American Trust & Sav-
ings Bank, Dubuque Bank & Trust Co., First Na-
tional Bank of Dubuque and Key City Bank &
Trust Co., as depositories of the City of Dubuque.
2
5—Resolution No. 4-76 Granting Cigarette Licenses.
5
" 5—Resolution No. 5-76 Granting Beer & Liquor License
applications.
5
" 5—Resolution No. 6-76 Directing the issuance of Beer
& Liquor Licenses.
6
" 12—Resolution No. 7-76 Disposing of interest of a 2.5
foot wide easement in Lot 12 in Block 2 in ex-
change for a 2.5 foot wide easement in Lot 21 in
Block 2 all in Sunset Park Subdivision No. 3 to
Harry A. & Margaret J. Blewett, and directing
Clerk to publish notice. . . ......... ........ ...
11
" 12—Resolution No. 8-76 Granting Beer Permit applica-
tion. . .... ... ...
12
12—Resolution No. 9-76 Directing the issuance of Beer
Permit . ................ ..
12
12—Resolution No. 10.76 Endorsing and approving the
proposed Jean Marie Cardinal Memorial Canoe
Ride from Dubuque, Iowa to St. Louis, Missouri.
13
" 26—Resolution No. 11.76 Final Estimate for City of Du-
buque Water Works Modernization in amount of
$558,200.18.
22
" 26—Resolution No. 12.76 Accepting Improvement for
the City of Dubuque Water Works Modernization.
23
" 26—Resolution No. 13-76 Redesignation of the Low -
Rent Housing Commission as the Housing Com-
mission of the City of Dubuque.
23
26—Resolution No. 14.76 Authorizing the Publication
of Notice of Sale of Project Notes (First Series
1976) and the Receiving of Proposals for the Sale
of said Notes for the Downtown Renewal Project,
Iowa R-15.........
24
26—Resolution No. 15-76 Authorizing Execution of
Agreement between City of Dubuque, Iowa, and
Iowa Department of Transportation relating to
the repaving of Jackson Street from 12th Street to
Diamond.
25
26—Resolution No. 16-76 Approval of preliminary esti-
mate, proposed plans, specs., form of contract,
plat and all other documents for
the construc-
tion of J. F. Kennedy Road Sanitary Sewer Ex-
tension, East Side.
27
INDEX—BOOK 106
1976 SUBJECT
Page
" 26—Resolution No. 17-76 Necessitv for Improvement for
the John F. Kennedy Rd. Sanitary Sewer Exten-
sion, East Side.
26, 65
26—Resolution No. 18-76 Fixing Date of Hearing for the
John F. Kennedy Road Sanitary Sewer Exten-
sion. East Side.
26
" 26—Resolution No. 19-76 Granting Cigarette Licenses.
27
" 26—Resolution No. 20-76 Granting Beer Permit applica-
tion.
27
26—Resolution No. 21.76 Directing issuance of Beer
Permit.
28
" 26—Resolution No. 22-76 Granting Beer & Liquor Li-
cense application.
28
26—Resolution No. 23-76 Directing issuance of Beer &
Liquor License.
28
" 26—Resolution No. 24-76 Granting Beer & Liquor Li-
cense application.
29
" 26—Resolution No. 25-76 Directing issuance of Beer &
Liquor License.
29
Feb. 2—Resolution No. 26-76 Approving the Dubuque Met-
ropolitan Area Solid Waste Agency Solid Waste
Service Agreement between the Agency and the
City of Dubuque (Member).
35
" 2—Resolution No. 27-76 Approving the disposal of in-
terest in a 2.5 foot wide easement in Lot 12 in
Block 2 in Sunset Park Subd. No. 3 in the City and
conveying to Harry A. & Margaret J. Blewett in
exchange for a 2.5 foot wide perpetual easement
for sidewalk purposes in Lot 21 in Block 2 in Sun-
set Park Subd. No. 3...
45
" 2—Resolution No. 28-76 Approving final plat of "As-
bury Springs Subdivision No. 2", in the City of Du-
buque, Iowa. (David J. & Paul W. Powers).
46
" 2—Resolution No. 29.76 Authorizing the City Clerk to
advertise for bids for Communications Equip-
ment for Phase 11 of the County -City Telecommu-
nications Plan. . . .....
48
2—Resolution No. 30-76 Approving Plat of Blocks I thru
7 each in "Phase One of Stone Hill Community
Subd. No. 1" in the City. (North of Davis and West
of Windsor).
49, 70
2—Resolution No. 3I-76 Granting Beer & Liquor Li-
cense applications.
51
2—Resolution No. 32-76 Directing the issuance of Beer &
Liquor Licenses.
51
9—Resolution No. 33-76 Approving plat of vacating al-
lev at west end of Marquette Place. (Lot IA in
Glendale Addition No. 3-Zurcher).
54
9—Resolution No. 34-76 Authorizing City Clerk to pub-
lish notice requesting approval from Federal
Highway Administration on the "Location and
Design" for repaving of Jackson Street.
56
9—Resolution No. 35-76 Going on record supporting
efforts our State Legislators are seeking out and
enacting laws that prescribe commercial exhibi-
tion, sale and distribution of obscene materials &
pornography within constitutional limits.
57
9—Resolution No. 36-76 Granting Beer & Liquor Li
cense applications.
57
Index-Book 106
Index-Book 106
INDEX --BOOK 106
1976 SUBJECT
Page
9—Resolution No. 37-76 Directing the issuance of Beer
& Liquor Licenses .............. .
57
" 16—Resolution No. 38-76 Authorizing Publication of
Public Hearings for the Use of Community De-
velopment Block Grant Funds.
60
16—Resolution No. 39-76 Directing City Manager to
study & implement, as appropriate, ways to im-
prove police efforts to deter crimes of vandalism
and burglary ... ................. ... ....
64
" 16—Resolution No. 40-76 Decision of Council upon ob-
jections to plans, specs., form of contract and
cost of improvements for J.F.K. Rd. Sanitary
Sewer. .........................
64
" 16—Resolution No. 41-76 Ordering Construction for the
J.F.K. Rd. Sanitary Sewer. ........... .......
6f;
16—Resolution No. 42-76 Establishing a Connection
Charge for the Center Grove Valley Sanitary
Sewer 1972, an eighteen (18) inch Sanitary Sewer
constructed from existing Catfish Creek Sewer to a
point 12,417 feet Westerly.......... ....
66
" 16—Resolution No. 43-76 Approving amendment to
Sewer Service Agreement by and between the
City of Dubuque, Iowa and Dubuque Packing
Co. dated Dec. 31, 1975... .. ...
69
" 16—Resolution No. 44-76 Approving amendment to
Sewer Service Agreement by and between the
City and Celotex Corporation Dated Feb. 13, 1976.
6R
" 16—Resolution No. 45-76 Approving Sewer Service
Agreement by and between the City of Dubuque,
Iowa and Dubuque Tank Terminal Company, dat-
ed Feb. 13,1976 ........................ ......
69
" 16—Resolution No. 46-76 Approving Sewer Service
Agreement by and between the City of Dubuque.
Iowa and Inland Molasses Company, dated Feb.
13,1976 .......................................
69
" 16—Resolution No. 47-76 Approving the plat of Blocks 1
through 7 each in "Phase One of Stone Hill Com-
munity Subdivision No. 1" in the City of Dubuque.
Iowa, (Correction of Resolution No. 30-76)... .
70, 355
16—Resolution No. 48-76 Granting Beer Permit applica-
tions. .................... .. .............
72
" 16—Resolution No. 49-76 Directing the issuance of Beer
Permits . ...... .................... .......
72
20—Resolution No. 50-76 Granting Beer & Liquor Li-
cense application. ............ .............
74
" 20—Resolution No. 51-76 Directing the issuance of Beer
& Liquor License. ...........
74
" 23—Resolution No. 52-76 Authorizing Mayor to execute
the 1970 Uniform Relocation Assistance & Land
Acquisition Policies Act and directing City Clerk
to file document with Iowa D.O.T. . . , .........
80
23—Resolution No. 53-76 Authorizing City Clerk to pub-
lish Notice of Receipt of Location and Design ap-
proval from Federal Highway Administration
for reconstruction of Jackson Street from 12th to
Diamond St . . . ......... .. . .
91
INDEX—BOOK 106
1976 SUBJECT
Page
23—Resolution No. 54-76 Establishing a Connection
Charge for the twelve (12) inch Vitrified Tile San-
itary Sewer from the Asbury Flow Measuring
Station on Radford Road to the twelve (12) inch
Catfish Creek Interceptor Sewer. . I 1
82, 124
" 23—Resolution No. 55-76 Granting Beer & Liquor Li-
cense applications.
83
" 23—Resolution No. 56-76 Directing the issuance of Beer
& Liquor License.
83
Mar. I—Resolution No. 57-76 Directing City Clerk to execute
deed of conveyance for vacated alley lying be-
tween Lot 1 of Audubon Addn., Lot 308 and Lot 2
of 309 of Glendale Addn. to John Zurcher.
92
" I—Resolution No. 58-76 Approving vacating of platted
easement in Lot A, Block 3 in Timber Ridge
Addn.
93
" l—Resolution No. 59-76 Approving the plat of Block 4
and Block 5, each in Timber Ridge Addition.
(HENSCHEL). ...
94
" 1—Resolution No. 60-76 Affirming property conveyed
by City of Dubuque to Hartig Drug Co. (Now own-
ed by Robert J. & Beverly R. Jordan) has not re-
verted to the City of Dubuque, Iowa.
98
" I—Resolution No. 61-76 Authorizing the sale, issuance
and delivery of Project Notes in the aggregate
principal amount of $463,000 and the execution of
Requisition Agreement No. 1-76 in connection with
the Downtown Urban Renewal Project, Project
No. Iowa R-15.
96
" 1—Resolution No. 62-76 Granting Cigarette Licenses.
98
" 1—Resolution No. 63-76 Granting Beer & Liquor Li-
cense applications. . ....
99
" I—Resolution No. 64-76 Directing the issuance of Beer
& Liquor Licenses. .... . ....
99
I—Resolution No. 65-76 Granting Beer Permit appli-
cations.
99
" 1—Resolution No. 66-76 Directing the issuance of
Beer Permits.
100
8—Resolution No. 67-76 Accepting the Fact -Finder's
Recommendations and authorizing the City Man-
ager to execute a contract with certain employee
organizations of the City of Dubuque. ..
104
8—Resolution No. 68-76 Establishing a Connection
Charge for the Sanitary Sewer constructed by Jo-
seph Hefei in Garnet Street, between Jackson
Street and Central Avenue.
I06
" 8—Resolution No. 69-76 Final Estimate for construc
tion of the Fifth St. Parking Lot.
107
8—Resolution No. 70-76 Accepting Improvement for
Fifth Street Parking Lot.
107
8—Resolution No. 71-76 Awarding Contract for John
F. Kennedy Road Sanitary Sewer Extension to
108
Tschiggfrie Excavating Co.
8—Resolution No. 72-76 Authorizing publication of No-
tice of an Environmental Review Finding for the
Purchase of Cleared Land in the Downtown Ur-
ban Renewal Project Iowa R-15.
!OS
INDEX—BOOK 106
SUBJECT
Page
,—Resolution No. 73-76 Commending Dubuque County
Historical Society for its program of recognition
of privately restored homes.
109
8—Resolution No. 74-76 Granting Beer & Liquor Li-
110
cense application.......
8—Resolution No. 75-76 Directing the issuance of Beer
& Liquor License...
" 10—Resolution No. 76-76 Authorizing the filing of an ap-
110
plication for a Community Development Block
112
Grant for the City of Dubuque... .. .
22—Resolution No. 77-76 Restructuring the Rehabilita-
tion Commission of the City of Dubuque, Iowa.
115
" 22—Resolution No. 78-76 Approving amendment to Du-
buque Metropolitan Area Solid Waste Agency,
Solid Waste Service Agreement between the
Agency and the City of Dubuque (Member.) .
121
" 22—Resolution No. 79-76 Approving the issuance of
$1,700,000 Solid Waste Disposal Revenue Bonds of
the Dubuque Metropolitan Area Solid Waste Agen-
122
c. ..... .........
22—Resolution No. 80-76 Amending the Connection
Charge established by Resolution No. 54-76 for the
twelve (12) inch vitrified tile Sanitary Sewer from
the Asbury flow measuring station on Radford
Road to the twelve (12) inch Catfish Creek Inter-
ceptor Sewer... .. .
124
22—Resolution No. 81-76 Authorizing execution of an
Amendment to Agreement Number 75-F-074
dated January 26, 1976, between the City of Du-
buque, Iowa, and the Iowa Department of Trans-
portation relating to the Reconstruction of Jack-
son Street from 12th Street to Diamond...
125
" 22—Resolution No. 82-76 Endorsing week of May 15,
1976 to May 23, 1976 and entire month of May as
"Beautify Dubuque Week and Month". . .
125
" 22—Resolution No. 83-76 Granting Cigarette Licenses.
126
22—Resolution No. 84-76 Granting Beer Permit applica-
tions. ... .
126
" 22—Resolution No. 85-76 Directing the issuance of Beer
Permits.
126
" 22—Resolution No. 86-76 Granting Beer & Liquor Li-
127
cense applications.
22—Resolution No. 87-76 Directing the issuance of Beer
& Liquor Licenses.... ... .. ..
127
" 22—Resolution No. 88-76 Granting Class "B" Beer Per-
mit application to Richard Winsor of Bunker Hill
Golf Course. (DENIED).
128. 147
22—Resolution No. 89-76 Directing the issuance of
Class "B" Beer Permit to Richard Winsor of Bun-
ker Hill Golf Course. (DENIED).
128. 147
" 29—Resolution No. 90-76 Approving agreement by and
between the Iowa Department of Transportation
an Agency of the State of Iowa, and the City of Du-
buque Airport Commission. .... ...
138
29—Resolution No. 91-76 Approving the Plat of the Sub-
division of Lot 4 of Asbury Springs Subdivision
No. 1 in the City. ...
138
INDEX—BOOK 106
1976 SUBJECT
Page
29—Resolution No. 92-76 Approving Plat of Lots 1 thru
15 in St. Mary's Place No. 2 in the City of Dubuque
(Kaiser).
139
29—Resolution No. 93.76 Approving vacation of plat of
Lots 6-19 inclusive. and Inwood Ave., all in Hawk -
eve Estates Subd., as previously recorded. (HEF-
EL ).
140
29—Resolution No. 94-76 Approving vacation of plat of
Lots 1 to 29, inclusive, Lot A, Inwood Avenue and
Hawkeye Drive, all in Hawkeye Estates, as pre-
viously recorded. (HEFEL).
141
29—Resolution No. 95-76 Approving schedule of assess-
ments for reconstruction of Jackson Street from
22nd to Diamond Street.
142
29—Resolution No. 96-76 Approval of plans, specs. form
of contract, plat etc., for reconstruction of Jack-
son Street from 22nd to Diamond Street.
143
29—Resolution No. 97.76 Necessity for Improvement for
reconstruction of Jackson Street from 22nd to
Diamond Street. 1.43,
183
" 29—Resolution No. 98-76 Fixing Date of Hearing for re-
construction of Jackson Street from 22nd to Dia-
mond Street.
143
" 29—Resolution No. 99-76 Fixing Date of Public Hearing
for Budget Estimate of Expenditures.
144
" 29—Resolution No. 100-76 Concurring in the selection of
Cullen, Kilby, Carolan and Associates, P.C. as En-
gineering Consultants for a Corridor Study of a
University of Dubuque Connector Roadway, and
instructing the City Manager to prepare a
form of contract and scope of services for such study.
suitable
145
" 29—Resolution No. 101-76 Concurring in the selection of
Shive-Hattery and Associates as engineering con-
sultant for a location and design study of a Rock-
dale Road Bridge Replacement, and instructing
the City Manager to prepare a suitable form of
contract and scope of services for such study.
146
29—Resolution No. 102-76 Granting Beer Permit appli
cation.
146
29—Resolution No. 103-76 Directing the issuance of Beer
Permit.
147
29—Resolution No. 104-76 Granting Beer Permit appli-
cation.
147
29—Resolution No. 104-76A Directing the issuance of
Beer Permit.
147
Apr. 5—Resolution No. 105-76 Adopting the annual budget
for the fiscal year ending June 30, 1977.
149
" 5—Resolution No. 106-76 Approving Schedule of pro-
posed assessments for 1976 Asphalt Paving Pro-
158
ject No. l .
5—Resolution No. 107-76 Preliminary plans• specs.
form of contract, plat and schedule for 1976 As-
158
phalt Paving Project No. 1.
5—Resolution No. 108-76 Necessity for Improvement
159, 212
for 1976 Asphalt Paving Project No. 1. . .
" 5—Resolution No. 109-76 Fixing Date of Hearing for
180
1976 Asphalt Paving Project No. 1.
INDEX -BOOK 106
SUBJECT
Page
i—Resolution No. 110.76 Authorizing submission of a
for release of funds for the purchase of
request
cleared land in the Downtown Urban Renewal
Project, Iowa R-15. •.............
5—Resolution No. 111-76 Approving the plat of Block 5
161
and Block 6 in "Sherwood Park' in Section 10, Du-
buque Township, Dubuque County, Iowa. (Dig-
man & Shade).
" 5—Resolution No. 112-76 Granting Cigarette Licenses.
163
164
5—Resolution No. 113-76 Granting Beer Permit appli-
cations.
5—Resolution No. 114-76 Directing the issuance of
165
Beer Permit. ...... ............
165
" 5—Resolution No. 115-76 Granting Beer & Liquor Li-
165
censes. .. ................ ...
" 5—Resolution No. 116-76 Directing issuance of Beer &
Liquor License.
" 12—Resolution No. 117-76 Approving the disposal of in
166
terest of portion of Inwood on Lots 6-19, inclusive,
in Hawkeye Estates. (HEFEL).
169
12—Resolution No. 118-76 Approving the disposal of in
terest of portion of Inwood Avenue and Hawkeye
Drive of Lots 1-29, inclusive, and Lot A in Hawk -
eye Estates. (HEFEL).
" 12—Resolution No. 119-76 Approving the plat of Lots 1-
29, inclusive and Lot A in Hawkeye Estates in the
City of Dubuque. (Correction Plat-HEFEL).
172
" 12—Resolution No. 120-76 Directing City Clerk to pub-
lish notice of proposed lease amendment between
Dock Commission and Flynn Ready -Mix Concrete
Co. ...... ....... _..............
175
" 12—Resolution No. 121-76 Directing City Clerk to pub-
lish notice of proposed lease amendment between
Dock Commission and Dubuque County Conserva-
tion Society.175
................................
" 12—Resolution No. 122-76 Final Estimate for J. F. Ken-
nedy Road Sanitary Sewer Extension — East
Side. ........................................
17
" 12—Resolution No. 123-76 Accepting Improvement and
Directing the Clerk to Publish Notice for construc-
tion of John F. Kennedy Road Sanitary Sewer Ex-
tension — East Side. ...
176
" 12—Resolution No. 124-76 Granting Beer Permit appli-
cations. .... .. .. ...I ............... I...
177
12—Resolution No. 125-76 Directing issuance of Beer
Permits. ......... .. _ . ....................
177
19—Resolution No. 126-76 Decision of Council upon ob-
jections to plans, specifications, form of contract
and cost of improvement for reconstruction of
Jackson St. from 22nd Street to Diamond St. ..
184
" 19—Resolution No. 127-76 Ordering Construction for re-
construction of Jackson Street from 22nd Street
to Diamond St . ..................... . . .
184
19—Resolution No. 128.76 Matching Resolution approv-
ing cash funds for grant and seminar sponsored
by the Iowa Law Enforcement Agency. .........
185
" 19—Resolution No. 129-76 Resolution Directing the
City Clerk to Publish Notice of Public Hearing on
Ordinance for New Water Rates.
185
INDEX—BOOK 106
1976 Subject page
19—Resolution No. 130-76 Approving the Service Agree-
ment between the City of Dubuque and the Du-
buque Metropolitan Area Solid Waste Agency.
186
" 19—Resolution No. 131-76 Granting Beer Permit appli-
cation.
187
" 19—Resolution No. 132-76 Directing the issuance of Beer
Permit.
187
19—Resolution No. 133-76 Granting Beer & Liquor Li-
cense application.
187
19—Resolution No. 134-76 Directing the issuance of
Beer & Liquor License.
188
19—Resolution No. 135-76 Authorizing the issuance of
$1,700,000 Solid Waste Disposal Revenue Bonds
of the Dubuque Metropolitan Area Solid Waste
Agency.
189
26—Resolution No. 136-76 Commending Thermolyne
Corporation for winning the "E" Award.
191
" 26—Resolution No. 137-76 Authorizing Publication of
Notice of availability for public inspection certain
Community Development Block Grant Docu-
ments. .....
196
26—Resolution No. 138-76 Granting Beer Permit appli-
cation.
197
" 26—Resolution No. 139-76 Directing the issuance of Beer
Permit. .........
197
26—Resolution No. 140-76 Granting Beer & Liquor Li-
cense application...
198
" 26—Resolution No. 141-76 Directing the issuance of Beer
& Liquor License.
198
May 3—Resolution No. 142-76 Approving proposed lease be-
tween Board of Dock Commissioners, as Lessor,
and Dubuque County Conservation Society, as
i Lessee, for approx. 3524 acres lying in Area "C"
in Industrial Park. . ... ... ..........
206
3—Resolution No. 143.76 Approving amendment to
lease between Board of Dock Commissioners, as
Lessor, and the Flynn Ready -Mix Concrete Co.,
as Lessee, for land situated at the easterly end of
12th Street.
207
" 3—Resolution No. 144-76 Schedule of Assessments for
construction of J.F.K. Rd. Sanitary Sewer Ex-
tension — East Side.
208
3—Resolution No. 145-76 Providing for the issuance of
Sewer Bonds for the purpose of providing for the
payment of the assessed cost of John F. Kennedy
Road Sanitary Sewer Extension — East Side.
208
3—Resolution No. 146-76 Amending Resolution No. 108-
76 by deleting Alpine St., Walnut St., Marquette
Place and English Lane from the 1976 Asphalt
212
Paving Project No. 1.
3—Resolution No. 147-76 Decision of Council upon ob-
jections to plans, specs., form of contract and cost
of improvements for 1976 Asphalt Paving Project
No.l. . .
212
3—Resolution No. 148-76 Ordering Construction and
directing City Clerk to publish notice to bidders
for 1976 Asphalt Paving Project No. L
214
INDEX-BOOK 106
SUBJECT
Page
.—gesoiution No. 149-76 Final Estimate for 12" Water
Main Project over the 16th St. Bridge between
219
Area "C" & Kerper Blvd....... ........
150-76 Accepting Improvement for
3—Resolution No.
12" Water Main Project over the 16th St. Bridge
between Area "C" & Kerper Blvd. . .... .... .
215
3—Resolution No. 151-76 Granting Beer & Liquor Li
cense applications. • • • • •
" 3—Resolution No. 152-76 Directing the issuance of
216
Beer & Liquor License.
" 3—Resolution No. 153-76 Recommending adoption of
216
House File 873, titled "Local Option Transient
217
Guest Tax". .. ... .
" 10—Resolution No. 154-76 Recognition of a Neighbor-
hood organization for membership on the Com-
munity Development Commission. (Hill St. Neigh-
borhood.)
" 10—Resolution No. 155-76 Approval of Preliminary Es-
218
timate for the reconstruction of Jackson St. from
12th to 22nd St. .
222
" 10—Resolution No. 156-76 Necessity for Improvement
for reconstruction of Jackson St. from 12th to 22nd
St. 223, 265
" 10—Resolution No. 157-76 Schedule of Proposed Assess-
ments for reconstruction of Jackson Street from
12th to 22nd St.
224
" 10—Resolution No. 158-76 Fixing Date of Hearing and
directing City Clerk to publish notice.
224
" 10—Resolution No. 159-76 Authorizing execution of
agreement between City of Dubuque, Iowa, and
Iowa Department of Transportation relating to
the repaving of Jackson Street from 12th Street to
22nd Street. ..
225
" 10—Resolution No. 160-76 Approval of Preliminary Es-
timate, etc. for construction of Expansion of Wa-
ter Treatment Plant and Construction of Water
Plant Solids and Handling Facilities. ........ 1
225
" 10—Resolution No. 161-76 Providing for a hearing on
proposed plans, specs., and form of contract for
improvements and extensions to the municipal
waterworks plant and system in and for the City
of Dubuque, Iowa, and providing for taking bids
in connection therewith.......... ...............
225
" 10—Resolution No. 162-76 Granting Beer Permit appli-
cation . ...................... ............
236
" 10—Resolution No. 163-76 Directing the issuance of Beer
Permit.
236
" 10—Resolution No. 164-76 Granting Beer & Liquor Li-
cense applications. ... ................
227
" IO&Resolution No. 165-76 Directing the issuance of
Beer & Liquor License. . . ... I...
227
" 17—Resolution No. Approving amendment to Or-
dinance No. 24.69 prohibiting the drinking of li-
quor, wine or beer in the parks named. (PARK
BOARD).
233
" 17—Resolution No. 166-76 Awarding Contract for re-
construction of Jackson Street from 22nd St. to
Diamond St. to Tschiggfrie Excavating.
237
INDEX—BOOK 106
— SUPLIECT Page
1976
17—Resolution No 167-76 Requiring abutting property
owners to make sewer and %ti•ater and gas connec-
tions. providing gas connections are available as
wanted at time of street construction 237
17—Resolution No. 168-76 Authorizing the Execution of
a Certificate of Completion for Ames Realty. Inc. 23S
17—Resolution No. 169.76 Approving a work plan for
the North Fork Catfish Creek Watershed Project.
and requesting the preparation of final engineer-
ing plans and specifications by the Soil Conserva-
tion Service USDA. 239.
512
17—Resolution No. 170-76 Granting Beer Permit appli-
cation.
17—Resolution No. 171-76 Directing the issuance of
Permit.
240Beer
17—Resolution No. 172-76 Granting Beer -liquor Li.
cense application.
241
l7—Resolution No. 173-76 Directing the issuance of
Beer -Liquor License.
241
" 17—Resolution No. 174-76 Endorsing May 26, 1976 as
'Wheelchair Awareness Day".
243
24—Resolution No. 175.76 Annexing Lot 2 of "Henschel's
Black Forest" in Table Mound Township to the
City
249
24—Resolution No. 176-76 Approving funds for purchase
of Lab Equipment.
251
24—Resolution No. 177.76 Endorsing the construction
of the new Dubuque County Care Facility and urg-
ing a "Yes" Vote on June 8th.
251
24—Resolution No. 178-76 Awarding Contract for 1976
Asphalt Paving Project No. I to Tri-State Paving
Co.
252
24—Resolution No. 179-76 Approving plans, specifica
tions and form of contract for improvements and
extensions to the municipal waterworks plant and
252
system.
" 24—Resolution No. 180-76 Fixing a date for the initis
tion of proceedings for the issuance of $7.000.000
Water Revenue Bonds. 1976 Series, of the City of
253
Dubuque. Iowa.
" 24—Resolution No. 181-76 Authorizing execution of a
second amendment to Agreement Number 75-F-
074 dated January 26• 1976 between the City of
Dubuque, Iowa and the Iowa DOT relating to the
255
reconstruction of Jackson Street.
24—Resolution No. 182-76 Authorizing Publication of
for
Notice of Environmental Review Findings
certain Community Development Block Grant
Reconstruction of 11th
Projects. (Avon Park, and
255
St. & Jefferson Park Steps).
24—Resolution No. 183-76 Endorsing the Dubuque Am-
bassadors as Sponsors for the 1976 Iowa Commu-
25'
nity Betterment Program.
24—Resolution No. 184-76 Approving preliminary plans,
specs etc. for demolition and removal of the Naval
257
Reserve Buildings and Garage on Volunteer Dr.
24—Resolution No. 185-76 Necessity for Improvement
for demolition and removal of the Naval Reserve 257
274
Buildings and Garage on Volunteer Dr.
INDEX—BOOK 106
1976 SUBJECT
24—Resolution No. 186-76 Fixing Date of Hearing for
demolition and removal of the Naval Reserve
258
Buildings and Garage on Volunteer Dr. .........
24—Resolution No. 187-76 Ordering Construction and di-
recting the City Clerk to publish notice for demo-
lition and removal of the Naval Reserve Buildings
and Garage on Volunteer Dr. .. •
259
" 24—Resolution No. 188-76 Approving preliminary plans,
etc. for construction of the Glenwood Ct.
specs.
Storm Sewer Improvement. .. .. .
259
" 24—Resolution No. 189-76 Necessity for Improvement
of Glenwood Ct. Storm Sewer.... 259,
275
for construction
24—Resolution No. 190-76 Fixing Date of Hearing for
construction of the Glenwood Court Storm Sewer.
260
24—Resolution No. 191-76 Ordering Construction for
Glenwood Court Storm Sewer. . . • • .
260
" 24—Resolution No. 192-76 Granting Beer & Liquor Li-
cense applications . ....................... .
" 24—Resolution No. 193-76 Directing the issuance of Beer
& Liquor Licenses.
261
June 1—Resolution No. 194-76 Decision of Council upon
objections to plans, specs., form of contract etc.
for reconstruction of Jackson Street from 12th to
22nd St. ..•••..
" 1—Resolution No. 195-76 Ordering Construction for the
266
reconstruction of Jackson St. from 12th to 22nd
St......... . . .......
" 1—Resolution No. 196-76 Granting Cigarette Licenses.
267
268
" 1 --Resolution No. 197-76 Authorizing execution of
agreement number 76-U-054 between the City of
Dubuque, Iowa and the Iowa Department of
Transportation relating to the resurfacing of
Dodge Street (extension of U.S. 20) from Bluff
Street to just East of Locust Street for a distance
of approx. 400 feet.
261
" I —Resolution No. 198-76 Approving a tentative Three
Year Street Construction Program and submit-
ting same to the Iowa Department of Transpor-
tation. ...... .. .... .. .......
" 1—Resolution No. 199-76 Granting Beer Permit appli-
268
cations.
" 1—Resolution No. 200-76 Directing the issuance of
268
Beer Permits. .
269
1—Resolution No. 201-76 Granting Beer & Liquor Li-
cense applications.
269
" 1—Resolution No. 202-76 Directing issuance of Beer &
Liquor License.............. ...
" 7—Resolution No. 203-76 Initiating proceedings for
issuance of $7,000,000. Water Revenue Bonds, 1976
Series of the City of Dubuque, Iowa.
275
7—Resolution No. 204-76 Directing City Clerk to pub-
lish notice of intent to dispose of real estate to
Dubuque Metropolitan Area Solid Waste Agency
Board . ............................
277
" 7—Resolution No. 205-76 Ratifying and confirming all
action heretofore taken for the creation of the Du-
buque Metropolitan Area Solid Waste Agency, for
the award of construction contracts and for the
authorization, sale and issuance of $1,700,000 Solid
Waste Disposal Revenue Bonds of that Agency.
277
INDEX, BOOK 106
1976 SUBJFCT
Page
7—Resolution No. 206-76 Authorizing the City Manager
to execute the Revenue Sharing Planned Use Re-
port and directing the City Clerk to publish. 279, 297
7—Resolution No. 207.76 Directing the City Clerk to
publish proposed amendments to the Fiscal
Year 1976 Budget and Date of Public Hearing.
280
7—Resolution No. 208-76 Authorizing the execution of
an Annual Contributions Contract with the United
States of America.(Section 8).
280
7—Resolution No. 209-76 Authorizing the publication
of Notice of Sale of Project Notes (Third Series
1976) and the receiving of proposals for the sale of
said notes for the downtown Urban Renewal Pro-
ject, Iowa R-15 ($384,000).
280
7—Resolution No. 210.76 Approving Final Estimate for
the Grandview Avenue and Highway =20 Traffic
Signals.
281
7—Resolution No. 211-76 Accepting Improvement for
the Grandview Avenue and Highway 20 Traffic
Signals.
282
7—Resolution No. 212-76 Granting Cigarette Licenses.
282
" 7—Resolution No. 213-76 Granting Beer -Liquor License
application.
282
" 7—Resolution No. 214.76 Directing the issuance of
Beer -Liquor License.
283
" 7—Resolution No. 215-76 Granting Beer Permit appli-
cation.
7—Resolution No. 216-76 Directing the issuance of
283
Beer Permit.
283
" 21—Resolution No. 217-76 Authorizing the Mayor to sign
a contract for the Administration and Operation of
a Public Service Employment Program under
Title 11 of PL 93-203 (C ETA).
287
" 21—Resolution No. 218-76 Amending the Current Budget
for the Fiscal Year ending June 30, 1976 (As
amended last on September, 1975).
297
21—Resolution No. 219-76 Approving the disposal of
real estate to Dubuque Metropolitan Area Solid
Waste Agency. (LANDFILL.).
297
21—Resolution No. 220-76 Final Estimate for the San
298
Jose Pool Parking Lot.
21—Resolution No. 221-76 Accepting Improvement for
the San Jose Pool Parking Lot and Sidewalk.
299
21—Resolution No. 222-76 Final Estimate for construc-
tion of South Dubuque Interceptor Sanitary Sew
299
e r.
21—Resolution No. 223-76 Accepting Improvement for
the construction of South Dubuque Interceptor
Sanitary Sewer.
299
21—Resolution No. 224 -76 -Awarding Contract for the
Demolition and Removal of the Naval Reserve
Building and Garage on Volunteer Dr. to Phillip
Mihalakis.
300
" 21—Resolution No. 225.76 Awarding Contract for the
Glenwood Court Storm Sewer to Tschiggfrie Ex
cavating Company.
3U1
21—Resolution No. 226.76 Authorizing the execution of
a Communitv Development Block Grant Agree-
ment with the U.S. Department of Housing and
301
Urban Development.
INDEX—BOOK 106
1976 SUBJECT
Page
" 21—Resolution No. 227-76 Fixing the date of the Public
Hearing for the Neighborhood Improvement
Plans for certain Community Development Pro-
ject Areas.
302
21—Resolution No. 228-76 Authorizing submission of a
Request for release of funds for certain Commu-
nity Development Block Grant Projects. (Avon
Park, Reconstruction of 11th Street & Jefferson
Park Steps).
303
" 21—Resolution No. 229-76 Approving the plat of Block
16 in "Sunrise Heights" in the City of Dubuque.
305
" 21—Resolution No. 230-76 Approving plat of Lots I
through 16 of Block I in "Birch Acres" in the City
of Dubuque, Iowa. . .
306
" 21—Resolution No. 231-76 Granting Cigarette Licenses.
307
" 21—Resolution No. 232-76 Granting Beer Permit appli-
cations . ................. ..
309
" 21—Resolution No. 233-76 Directing the issuance of Beer
Permits.
309
" 21—Resolution No. 234-76 Granting Beer -Liquor Li-
cense applications. ........ I . . .
309
" 21—Resolution No. 235-76 Directing the issuance of
Beer -Liquor Licenses.
310
24—Resolution No. 236-76 Approving the plat of Block 6
in "Arbor Oaks" in the City of Dubuque, Iowa.
312
" 24—Resolution No. 237-76 Fixing the date of August 17,
1976 for special election for construction and im-
provement of Five Flags Civic Center.
313
" 24—Resolution No. 238-76 Authorizing and approving a
petition to the City Development Board of Iowa
for annexation of certain hereinafter described
territory to the Incorporated City of Dubuque,
Iowa. 314,
428
July 6—Resolution No. 239-76 Awarding Contract for re-
construction of Jackson Street from 12th Street to
22nd Street to Tschiggfrie Excavating.
328
" 6—Resolution No. 240-76 Approval of the City of Du-
buque Financial Audit for Fiscal year beginning
July, 1975 through June 30, 1976. .....
328
" 6—Resolution No. 241-76 Authorizing the sale, issu-
ance and delivery of the project notes in the aggre-
gate principal amount of $3840)0 and the execu-
tion of requisition agreement No. 3-76 in connec-
tion with the Downtown Urban Renewal Project,
Project No. Iowa R-15.... ....
329
" 6—Resolution No. 242-76 Approving the Neighborhood
Improvement Plan for the Fourth Street Neigh-
borhood Community Development Project.
331
" 6—Resolution No. 243-76 Approving the Neighborhood
Improvement Plan for the Eleventh Street Neigh-
borhood Community Development Project.
333
" 6—Resolution No. 244-76 Approving the Neighborhood
Improvement Plan for the Washington Street
Neighborhood Community Development Project.
334
" 6—Resolution No. 245-76 Approving the Neighborhood
Improvement Plan for the North Dubuque Com-
munity Development Project (Area 2A).
335
INDEX—BOOK 106
1976 SUBJECT
Page
6—Resolution No. 246-76 Authorizing Publication of
Notice of Environmental Review Findings for
Certain Community Development Block Grant
Projects.
337
" 6—Resolution No. 247-76 Preliminary Approval of
plans, specs., etc. for construction of Cooper
Place Steps from West Fifth St. to Cooper Place.
339
6—Resolution No. 248-76 Necessity for Improvement
for construction of Cooper Place Steps from West
Fifth Street to Cooper Place.
339
" 6—Resolution No. 249-76 Fixing Date of Hearing for
Construction of Cooper Place Steps from West
Fifth Street to Cooper Place.
339
6—Resolution No. 250-76 Ordering Construction of
Cooper Place Steps from West Fifth Street to
Cooper Place. .......
340
6—Resolution No. 251-76 Approval of Preliminary Es-
timate of plans, specs., etc. for construction of
West 32nd Street Sanitary Sewer from Carter
Road westerly to J. F. Kennedy Road....... .
340
" 6—Resolution No. 252-76 Approving schedule of pro-
posed assessment for West 32nd Street Sanitary
Sewer Extension.
340
6—Resolution No. 253-76 Necessity for Improvement
for construction of West 32nd Street Sanitary
Sewer Extension.
341, 389
" 6—Resolution No. 254.76 Fixing Date of Hearing for
construction of West 32nd Street Sanitarv_ Sewer
Extension.
341
" 6—Resolution No. 255.76 Providing for the award of
contracts for furnishing improvements and ex-
tensions to the municipal waterworks plant and
system.
342
6—Resolution No. 256-76 Fixing a date for the initia-
tion of proceedings for the issuance of $5,700,000
Water Revenue Bonds, 1976 Series, of the City of
Dubuque, Iowa. .... . 1 1
343
6—Resolution No. 257-76 Granting Cigarette Licenses.
345
6—Resolution No. 258-76 Granting Beer & Liquor Li-
cense applications.
345
" 6—Resolution No. 259-76 Directing the issuance of
Beer & Liquor Licenses.
345
19—Resolution No, 260-76 Approving and endorsing Du-
buque Advisory Commission's recommendations
regarding Firearms Control.
353
" 19—Resolution No. 261-76 Approving the improvement
of Cedar Cross Road with a six-inch asphaltic
treated base in amount not to exceed $13,800.
354
19—Resolution No. 262.76 Correcting Resolution No.
47-76 approving the Plat of Blocks l through 7
each in "Phase One of Stone Hill Community
Subdivision No. I" in the City of Dubuque. Iowa.
355
19—Resolution No. 263-76 Authorizing publication of
notice of Environmental Review Findings for Cer-
tain Community Development Block Grant Pro
jects• (Comiskey).
355
19—Resolution No. 264.76 Endorsing July 24. 1976 as
"Jean Marie Cardinal Day".
356
INDEX—BOOK 106
SUBJECT
Page
1976
" 19—Resolution No. 265-76 Final Estimate for School
T-735-7(5)-84-31.
Signal improvement Project,
357
Contract No. 1.
" 19—Resolution No. 267-76 Accepting improvement for
School Signal improvement Project. T-735-7(5)-
84-31. Contract No. 1.
357
" 19—Resolution No. 266-76 Final Estimate for School
Signal improvement Project T-735-1-(6)-84-31.
Contract No. 2.
358
" 19—Resolution No. 268-76 Accepting Improvement for
School Signal improvement Project, T-735-1(6)-
84-31, Contract No. 2.
358
" 19—Resolution No. 269-76 Final Estimate for con
struction of University Avenue Pedestrian
Crosswalk.
359
" 19—Resolution No. 270-76 Accepting Improvement for
construction of University Avenue Pedestnan
Crosswalk.
3 9
" 19—Resolution No. 271-76 Approving schedule of pro
posed assessment for the City of Dubuque 1976
Asphalt Paving Project No. 2 (English Lane)
360
" 19—Resolution No. 272-76 Preliminary approval of
plans, specs., etc. for construction of City of Du-
buque 1976 Asphalt Paving Project No. 2 (English
Lane).
360
" 19—Resolution No. 273-76 Necessity for Improvement
for construction of City of Dubuque 1976 Asphalt
Paring Project No. 2 (English Lane). 360. 313
" 19—Resolution No. 274-76 Fixing Date of Hearing for
construction of City of Dubuque 1976 Asphalt Pav-
ing Project No. 2. (English Lane).
361
" 19—Resolution No. 275-76 Authonzing and providing for
the issuance and securing the payment of (5.1700.000
Water Revenue Bonds, 1976 Series. of the City
of Dubuque. Iowa, under the provisions of Sec.
tions 384.80 et seq. of the Code of Iowa, for the pur.
pose of defraying the cost of improvements and
extensions to the municipal waterworks plant and
system in and for said City and providing for the
collection. segregation and distribution of the re-
venues of such plant and system.
361
19—Resolution No. 276•'6 Directing the advertisement
of $5.704,000 Water Revenue Bonds, 1976 Series, of
the City of Dubuque, Iowa.
372
19—Resolution No. 277-76 Calling an ELECTIO% on the
proposition of issuing bonds for the purpose of
constructing a Civic Center
373
19—Resolution No. 27&76 Granting Cigarette licenses
376
19--Reso4ution No. M-76 Granting Beer Permit L;pls-
;ation
376
:3—RtskAuuon No 280.76 Directing the issuance of
Beer Permit. 376
i—Resulutm No. 281.76 Granting Beer -Liquor License
spplwatkans. 3"..
i—Rewv-Uoc No 282-76 Directing the issuance of
Bev- Liqucw U,.-enses. 3'
INDEX. BOOK 106
1976 SUBJECT
Page
Aug,2—Resolution No. 283-76 Authorizing Submission of a
Request for Release of Funds for Certain Commu-
nity Development Block Grant Projects. (Rehab.
Loan & Grant Program, and Tool Lending Library
et al )
3ui
" 2—Resolution No 254-76 Approving the application of
Thermo King Sales & Service of Dubuque- Inc.
to purchase Lot 9 of Block 1 of "River Front Sub-
division No 5-• an area of approz 2.131 acres.
38A
2—Resolution No. 285.76 Decision of Council upon ob•
jections to plans, specifications, form of contract
and cost of improvements for W 32nd St Sanitary
Sewer.
390
" 2—Resolution No 286-76 Ordering Construction for W
32nd St Sanitay Sewer
390
" 2—Resolution No. 287-76 Approving the Plat of Buena
Vista Subdivision No 1 in the City of Dubuque.
Iowa. (Burbach).
391
" 2—Resolution No 2#38-76 Creating the Dubuque Muni-
cipal Government Task Force to study and to
recommend organizational and procedural
changes within Dubuque's council-manager form
of government
392
" 2—Resolution No. 289-76 Granting Cigarette Licenses
393
" 2—Resolution No, 290-76 Granung Beer Permit appli-
cations.
393
2—Resolution No 291.76 Directing the issuance of Beer
Permits
393
2—Resolution No 292-76 Granting Beer & Liquor Li-
cense applications
394
2—Resolution No 293-76 Directing the issuance of Beer
& Liquor License
394
" 5—Resolution No 294.76 Providing for the safe and
award of S5, 700.000 Water Revenue Bonds. 1976
Serres- and approving and authorizing the agree-
ment of such sale and award to John Nuveen &
Co Incorporated
39'
16—Resolution No 295.76 Proclaiming Aug 17 to Aug
22. 1976 as "Dubuque County Fair Week"
399
16—Resolution No 296.76 Approving the plat covering
a portion of vacated Hickory St described as Lot
I "A'• of Block 5. Dubuque Packing Co Agri
410
16—Reso)ution No 297-76 Approving the plat covering a
Portion of vacated Kerper Boulevard adjacent to
Lot I of Block 8 and Lot I of Lot 2 of Lot 2 of Block
S. each in '-Riverfront Subdivwon No 3" (Lot A.
Blk 8 in Rrverfront Subd No. 3.),
410
16—Resolution No 299.76 Approving the plat covering
Lot 300A in East Dubuque No 2 (formeriy a part
of Maple St_) Lot 300 B in East Dubuque No. 2 (for-
mer[, a part of East 17th St.) and Lot 300C in East
Dubuque No 2 (formerly a part of East 18th St .>
411
16—Resciution No 299.76 Decision of Council upon Ob-
)ections to plans, specif catwn.s, form of contract
and cost of improvements for City of Dubuque 1976
Asphalt Paving Project No 2 English Lane from
the S P L of Mt Loretta St to the W P L of Sulli-
van Street
413
INDEX—BOOK 106
1976 SUBJECT
Pale
" 16—Resolution No. 300-76 Ordering Construction for
Citv of Dubuque 1976 Asphalt Paving Project No.
2: English Lane. .........
" 16—Resolution No. 301-76 Authorizing Submission of a
414
request for release of funds for certain Commu-
nity Development Block Grant Projects (Comis-
key Park Improvements and Various Public Im-
provements including tree plantings and street re-
pair and replacement). ..
414
" 16—Resolution No. 302-76 Approving the plat of Asbury
Springs Subdivision No. 3 in the City of Dubuque.
Iowa. (Powers) . . ........................
416
" 16—Resolution No. 303-76 Approving Financial Reports
of the City of Dubuque, Iowa, Fire and Police
Retirement Systems for the Fiscal Year ended
June 30, 1976. ..................
417
" 16—Resolution No. 304-76 Approving contracts for fur-
nishing and erecting improvements and exten-
sions to the Municipal Waterworks. ...........
418
" 16—Resolution No. 305-76 Authorizing the Execution of
an Escrow Agreement to provide for the payment
of $105,000 Water Revenue Bonds, 1962 Series, of
the City of Dubuque . ............. .........
419
" 16—Resolution No. 306-76 Authorizing the execution of
an Agreement between the City of Dubuque, Iowa
and the Iowa Department of Transportation re-
lating to the installation of a left turn lane and
signal modification at U.S. =20 and Wacker Drive.
421
" 16—Resolution No. 307-76 Authorizing the signing of an
amended tempbrary permit from the Iowa De-
partment of Environmental Quality for the Oper-
ation of the City Island Landfill ...............
421
" 16—Resolution No. 308-76 Granting Cigarette Licenses.
421
" 16—Resolution No. 309-76 Granting Beer Permit appli-
cations.
422
" 16—Resolutions No. 310-76 Directing the issuance of
Beer Permits. .... .......................
422
" 16—Resolution No. 311••76 Granting Beer & Liquor Li-
cense applications. . .........................
422
" 16—Resolution No. 312-76 Directing the issuance of
Beer & Liquor Licenses. I .....................
423
" 20—Resolution No. 313-76 Amending a resolution en-
titled "A Resolution authorizing and providing
for the issuance and securing the payment of
$5,700,000., Water Revenue Bonds, 1976 Series, of
the City of Dubuque. Iowa, under the provisions
of Sections 384.80 et seq. of the Code of Iowa, for
the purpose of defraying the cost of improvements
and extensions to the municipal waterworks plant
and system in and for said City and providing for
the collection, segregation and distribution of the
revenues of such plant and system." ..... 1
424
Sept. 3—Resolution No. 314-76 A Resolution amending Reso-
lution No. 238-76, known as the "Annexation Peti-
tion of the City of Dubuque, Iowa", so as to request
that certain delineated road rights-of-way shall be
made a part of the Territory included within the
Annexation Petition, and making other correc-
tions to such Petition.
429
INDEX—BOOK 106
1976 Sl! BJ E('T Page
7—Resolution No. 315-76 Approving the disposal of in-
terest in "Lot A, Block 8 in River Front Subdivi-
sion No. 3" to Dubuque Packing Company for
$100.00.
438
7—Resolution No. 316-76 Approving the disposal of in-
terest of Lot I "A" of Block 5 "Dubuque Packing
Company Addition" in the City (Formerly known
as Hickory Street) to Dubuque Packing Company
for $5W.00.
439
" 7—Resolution No. 317-76 Approving the disposal of in-
terest in Lot 300A in East Dubuque No. 2 (formerly
a part of Maple Street), Lot 300B in East Dubuque
No. 2 (formerly a part of East Seventeenth Street)
and Lot 3000 in East Dubuque No. 2 (formeriv a
part of East Eighteenth Street) to Dubuque Pack-
ing Company for $750.00.
442
" 7—Resolution No. 318-76 Requiring abutting property
owners to make sewer and water and gas connec-
tions, providing gas connections are available as
wanted at time of street construction (English
Lane).
452
" 7—Resolution No. 319-76 Awarding Contract for con-
sideration of City of Dubuque 1976 Asphalt Paving
Project No. 2 (English Lane) to Tri-State Paving
Company, Division of Dubuque Stone Products of
Dubuque. ........
452
" 7—Resolution No. 320-76 Awarding Contract for con-
struction of West 32nd Street Sanitary Sewer.
from Carter Road westerly to John F. Kennedy
Road, to Tri-State Paving Co. ........
453
" 7—Resolution — Approving agreement with City.
(SOLID WASTE AGENCY RESOLUTION). .....
454
7—Resolution No. 321.76 Approving the operating
agreement between the Dubuque Metropolitan
Area Solid Waste Agency and the City of Du-
buque. .... ....,
454
" 7—Resolution No, 322-76 Supporting continued explo-
ration of the Solid Waste Recovery Concept by
the Dubuque Metropolitan Area Solid Waste
Agency. ..... ......
457
7—Resolution No. 323-76 Approving the disposal of in-
terest in and to Lot 1 of vacated Lime Street, to
Perfection Oil Company, an Iowa Corporation,
successor in interest to Dubuque Stone Products
Company, and the conveyance of Lot 2 of vacated
Lime Street to Perfection Oil Company, an Iowa
Corporation, subject to railroad easement.
457
7—Resolution No. 324-76 Approving the disposal of in-
terest in Lot 9 of Block 1 of River Front Subdivi-
sion No. 5 in the City to Thermo King Sales &
Service of Dubuque Inc. .... ...
458
7—Resolution No. 325-76 Accepting, ratifying and con-
firming results of Dubuque County Supervisor's
Canvass of Civic Center Election conducted on
Aug. 17, 1976.
459
7—Resolution No. 326-76 Approving official report of
Municipality for Municipal Street and Parking for
period of June 30, 1975 to June 30, 1976.
461
INDEX—BOOK 106
1976 SUBJECT Page
" 7—Resolution No. 327-76 Authorizing an Environment-
al Review of Certain Public Works Projects. .
462
7—Resolution No. 328-76 Granting Cigarette Licenses.
463
" 7—Resolution No. 329-76 Granting Beer Permit appli-
cations.
464
" 7—Resolution No. 330-76 Directing the issuance of
Beer Permits. ...................... ..
464
" 7—Resolution No. 331-76 Granting Beer & Liquor Li-
cense applications. ...... 1
464
7—Resolution No. 332-76 Directing the issuance of
Beer & Liquor Licenses . ........... .........
465
" 13—Resolution No. 333-76 Approving the plat of Lots I-
13 inclusive all in West Ridge Second Addition
(Delbert Miller). ......... I ... I ......... 1
470
" 13—Resolution No. 334-76 Approving final estimate for
demolition and removal of the Naval Reserve
Buildings and Garage.
471
" 13—Resolution No. 335-76 Accepting improvement for
the Demolition and Removal of the Naval Re-
serve Buildings and Garage.
472
13—Resolution No. 336-76 Authorizing the publication
of notice of Sale of Project Notes (Fifth Series
1976) and the receiving of proposals for the Sale
of Said Notes for the Downtown Urban Renewal
Project, Iowa R-15 ($274,000). .... I . . _ .
472
" 13—Resolution No. 337-76 Necessity for Improvement
for construction of Eleventh Street Steps and Jef-
ferson Park Steps. 473, 500
" 13—Resolution No. 338-76 Preliminary Estimates, and
approval of plans, specs., form of contract for
construction of the Eleventh Street Steps and Jef-
ferson Park Steps . ................... .... .
473
13—Resolution No. 339-76 Fixing Date of Hearing for
construction of the Eleventh Street Steps and
Jefferson Park Steps and directing Clerk to ad-
vertise for proposals for construction.
473
" 13—Resolution No. 340-76 Granting Beer & Liquor Li-
cense applications.
474
13—Resolution No. 341-76 Directing the issuance of
Beer & Liquor Licenses.
474
13—Resolution No. 342-76 Granting Beer Permit appli-
cations. I I . .. .... ...
474
" 13—Resolution No. 343-76 Directing the issuance of
Beer Permit. ..
475
" 13—Resolution No. 344-76 Directing the delivery of a re-
placement deed in and to Lot C vacated Shields
Street from Jones Street to Dodge Street, subject
to existing easements for utilities to HURD-
MOST SASH & DOOR CO. ......
475
13—Resolution No. 345-76 Authorizing the execution of
a Contract Amendment with Barton-Aschman As-
sociates, Inc. for design of Town Clock Plaza in
Downtown Urban Project, Iowa R-15.
463, 476
INDEX—BOOK 106
1976 SUBJECT
Page
13—Resolution No. 346-76 Adopting and approving the
execution of an acceptance of a Grant Offer from
the Administrator of the Federal Aviation Ad-
ministration acting for the United States of Amer-
ica to the City of Dubuque, Iowa, for the purpose
of obtaining Federal Aid in the Development of the
Dubuque Municipal Airport under Project No. 6-
19-0028-02. .. . ............. I...
478
" 13—Resolution No. 347-76 Providing for the advertise-
ment of $3,700,000. Civic Center Bonds...........
478
" 13—Resolution No. 348-76 Approving Form of Option to
purchase Block 2 in "Riverfront Subdivision No.
2" from Mihalakis and Schwartz.
480
Oct. 4—Resolution No. 349.76 Authorizing the charge off
of Accrued Delinquent Rentals for the Downtown
Urban Renewal Project, Iowa R-15. ............
498
" 4—Resolution No. 350-76 Establishing a connection
charge for the Sanitary Sewer constructed by
M. F. Goerdt Construction in Judson Drive from
Asbury Road to a point 454 feet South of Asbury
Road.
499
4—Resolution No. 351-76 Combining two Committees
of the Housing Rehabilitation Commission (Fi-
nancial Resources Committee and the Loan and
Counseling Committee). ........ 1.
499
4—Resolution No. 352-76 Approving the disposal of
real estate described as "Conveyance of Lot 1 of
vacated Lime Street in Boat Yard Addition in the
City to Perfection Oil Company, an Iowa Corpora-
tion and the disposal of interest in and to, and con-
veyance of Lot 2 of vacated Lime Street in Boat
Yard Addition in the City subject to railroad ease-
ment to Perfection Oil Co., an Iowa Corp.
500
4—Resolution No. 353-76 Approving preliminary plans,
specs., and form of contract for construction of
11th St. Steps and Jefferson Park Steps..........
501
4—Resolution No. 354-76 Ordering construction for Ilth
St. Steps and Jefferson Park Steps. ...........
501
" 4—Resolution No. 355-76 Awarding contract for con-
struction of 11th St. Steps and Jefferson Park
Steps to Patrick T. O'Dowd. . .....
502
4—Resolution No, 356-76 Approving the vacation of the
platted easements in Lots 3, 4, and 5 Block 2 in
"Knob Hill Grove". (Duggan).
503
4—Resolution No. 357-76 Approval of specs., form of
contract, preliminary estimates and form of con-
tract for construction of Highway 20 and Wacker
Drive left turn lane.
503
4—Resolution No. 358-76 Necessity for Improvement
for construction of Highway 20 and Wacker Drive
left turn lane.
503, 516
4—Resolution No. 359-76 Fixing Date of Hearing for
construction of Highway 20 and Wacker Drive
504
lett turn lane.
4—Resolution No, 360-76 Ordering Construction for
construction of Highway 20 and Wacker Drive
504
left turn lane. .....
INDEX—BOOK 106
1976 SUBJECT Page
" 4—Resolution No. 361.76 Offering comments on a pro-
posed project concept statement for a City Island
Bridge and proposed connections within the City
of Dubuque.
505
4—Resolution No. 362-76 Authorizing the City Clerk to
publish Amendment of Current City Budget No-
tice. ...... I . ... I ....... I ............ ..
506
" 4—Resolution No. 363-76 Approving the plat of Block 6
and Block 7, each in "Knob Hill" in the City of Du-
buque. (Duggan under Regina Duggan Trust).
506
" 4—Resolution No. 364-76 Matching Resolution provid-
ing for funds for Law Enforcement Training.
508
4—Resolution No. 365-76 Granting Cigarette Licenses.
508
" 4—Resolution No. 366-76 Granting Beer Permit appli-
cations . ........... ....
508
" 4—Resolution No. 367-76 Directing the issuance of
Beer Permit . .................................
509
" 4—Resolution No. 368-76 Granting Beer -Liquor License
applications . ................... _ .
509
" 4—Resolution No. 369-76 Directing the issuance of
Beer -Liquor Licenses,
509
I8—Resolution No. 370-76 Directing City Clerk to pub-
lish notice of hearing on proposal to adopt Code
of Ordinances for the City. ........ I .
515
" 18—Resolution No. 371-76 Approving the application of
Dubuque Screw Products to purchase Lot 5 of
Block I of "River Front Subdivision No. 5" and di-
rected Clerk to publish notice . ...............
516
" 18—Resolution No. 372-76 Awarding Contract for con-
struction of Highway 20 and Wacker Drive Left
Turn Lane to Flynn Company, Inc . ............
517
" 18—Resolution No. 373-76 Final Estimate for contract
for Glenwood Court Sewer . ... ..............
518
" 18Resolution No. 374-76 Accepting Improvement for
Glenwood Court Storm Sewer . ................
518
18—Resolution No. 375-76 Authorizing the Execution of
a Certificate of Completion for Dubuque Five
Flags Center Funds. ...... I ......... I .....
519
18—Resolution No. 376-76 Authorizing the sale, issu-
ance and Delivery of Project Notes in the Aggre-
gate Principal Amount of $274,000. and the Execu-
tion of Requisition Agreement No. 5-76 in connec-
tion with the Downtown Urban Renewal Project
No. Iowa R-15 ...............
520
" 18—Resolution No. 377-76 Authorizing execution and
filing of a Local Public Works Capital Develop-
ment and Investment Program Application (Ex-
pansion of the Park Department Greenhouse). .
522
18—Resolution No. 378-76 Authorizing execution and
filing of a Local Public Works Capital Develop-
ment and Investment Program Application (Ex-
pansion of City Garage). .... I ...........
522
" I8—Resolution No. 379-76 Authorizing execution and
filing of a Local Public Works Capital Develop-
ment and Investment Program Application (Con-
struction of the Cedar Cross Road Water Line). .
523
INDEX—BOOK 106
SUBJECT
1976
Page
18—Resolution No. 380-76 Authorizing execution and
filing of a Local Public Works Capital Develop-
ment and Investment Program Application (Con-
struction of the 17th Street Storm Sewer from
Main Street to Pine Street).
524
18—Resolution No. 381-76 Authorizing execution and fil-
ing of a Local Public Works Capital Development
and Investment Program Application (Recon-
struction of East 4th Street).
524
" 18—Resolution No. 382-76 Authorizing execution and fil-
ing of a Local Public Works Capital Develop-
ment and Investment Program Application (Ex-
pansion of Iowa Street Parking Ramp).
525
18—Resolution No. 383-76 Granting Cigarette Licenses.
525
18—Resolution No. 384-76 Granting Beer Permit appli-
cations.
526
" 18—Resolution No. 385-76 Directing the issuance of
Beer Permits.
526
" 18—Resolution No. 386-76 Granting Beer -Liquor License
applications.
526
18—Resolution No. 387-76 Directing the issuance of
Beer -Liquor Licenses.
527
" 18—Resolution No. 388-76 Providing for the sale and
award of 53,700,000. Civic Center Bonds and ap-
proving and authorizing the agreement of such
sale and award.
528
Nov. I—Resolution No. 389-76 Approving the disposal of
interest in Lot 5 of Block I of "River Front Subdi-
vision No. 5" to Dubuque Screw Products.
540
" 1—Resolution No. 390-76 Amending the current BUD-
GET for the Fiscal Year ending June 30, 1977
(1st Amendment).
541
1—Resolution No. 391-76 Final Estimate for construc-
tion of Contract IIA Waste Water Treatment Faci-
lities Phase II.
1—Resolution No. 392-76 Accepting Improvement for
542
construction of Contract IIA Waste Water Treat-
ment Facilities Phase IL
542
" I—Resolution No. 393-76 Providing for the issuance of
$3,700,000. Civic Center Bonds and providing for
the levy of taxes to pay the same.
543
I—Resolution No. 394-76 Approving the amendments
in Article X of Articles of Agreement forming the
East Central Intergovernmental Association. ...
547
1—Resolution No. 395-76 Approving the plat of Block 14
and Block 15 in Mettel-Byrne Addition (Mettel
547
Realty),
I—Resolution No. 396-76 Approving the plat of Blocks
I and 2 each in "Phase Two of Stone Hill Commu-
nity Subdivision No. I" in the City of Dubuque,
Iowa. Not Furnished — NULL & VOID).
549
(Security
1—Resolution No. 397-76 Granting Beer Permit apple-
551
cation.
I—Resolution No. 398-76 Directing the issuance of
551
Beer Permit,
1—Resolution No. 399-76 Granting Beer -Liquor Li-
551
cense applications.
I—Resolution No. 400-76 Directing the issuance of
552
Beer -Liquor License.
INDEX—BOOK 106
1976 SUBJECT
Page
8—Resolution No. 401-76 Directing the transfer of Com-
munity Development Block Grant Funds from
the Comiskey Park Improvement Project to the
Comiskey Park Shelter Project. .....
553
15—Resolution No. 402-76 Approving the disposal of
vacated portion of Washington St. 50 ftin width
and 100 ft. in length from the S.P.L. of Liebe St. to
southerly properly line of Lot 3 and Lot 6 of Liebe
Subd. to Dubuqe Storage & Transfer Co.
560
15—Resolution No. 403-76 Approving disposal of inter-
est of that vacated portion of Viola St. lying north
of Eagle St. in the City, being 40 ft. in width and
100 ft. in length to Dubuque Community School
District . ................ _ ....... ... ...
561
15—Resolution No. 404-76 Authorizing the City Manag-
er to adjust the salaries for various classifica-
tions in the City of Dubuque. ...... .....
562
" 15—Resolution No. 405-76 Final Estimate for City of
Dubuque 1976 Asphalt Paving Project No. 2 (Eng-
lish Lane) . .............. ...................
563
" 15—Resolution No. 406-76 Accepting Improvement and
directing Clerk to publish notice for City of Du-
buque 1976 Asphalt Paving Project No. 2 (English
Lane).563
...................................
" 15—Resolution No. 407-76 Granting Cigarette Licenses.
563
" 15—Resolution No. 408-76 Granting Beer Permit appli-
cations . .....................................
564
15—Resolution No. 409-76 Directing the issuance of
Beer Permits . ................................
564
" 15—Resolution No. 410-76 Granting Beer -Liquor License
applications. .................1.,
564
" 15—Resolution No. 411-76 Directing the issuance of
Beer -Liquor Licenses. . .. _ _ ......... I ......
564
Dec. 6—Resolution No. 412-76 Schedule of Assessments for
construction of City of Dubuque Asphalt Paving
Project No. 2 (English Lane) . ............... ..
575
6—Resolution No. 413-76 Providing for the issuance of
Street Improvement Bonds for the purpose of
providing for the payment of the assessed cost of
City of Dubuque 1976 Asphalt Paving Project No.
2 (English Lane) . ............ ....... .....
577
6—Resolution No, 414-76 Final Estimate for Cityof Du-
buque 1976 Asphalt Paving Project No. 1.
579
6—Resolution No, 415-76 Accepting Improvement of
City of Dubuque 1976 Asphalt Paving Project No.
1 and directing the Clerk to Publish Notice.
579
6—Resolution No. 416-76 Adopting and approving the
execution of a First Amendment to the Grant
Agreement for Project No. 6.19-0028-02, from the
Administrator of the Federal Aviation Adminis-
tration, relating to Federal Aid in the Develop-
ment of the Dubuque Municipal Airport.........
580
" 6—Resolution No. 417-76 Authorizing the acceptance
of a Grant Offer from the United States relating
to the preparation of a Master Plan Study.
580
" 6—Resolution No. 418-76 Approving plat of I.r,t I and
Lot 2 of "Marilyn Place" on Kaufmann Avenue
in the City.
581
INDEX, BOOK 106
1976 SUBJECT
Page
" 6—Resolution No. 419-76 Approving the plat of "Jae-
ger Heights" in the City of Dubuque, Iowa (Louis
Jaeger).
582
6—Resolution No. 420-76 Matching Resolution to pro-
vide funds for the employment of 2 police officers.
583
6—Resolution No. 421-76 Authorizing Publication of
Notice of Public Hearing for the use of Com-
munity Development Block Grant Funds.
593
6—Resolution No. 422-76 Granting Cigarette Licenses.
584
" 6—Resolution No. 423-76 Granting Beer Permit appli-
cation. .............
584
6—Resolution No. 424-76 Directing the issuance of
Beer Permit. .......
585
" 6—Resolution No. 425-76 Granting Beer -Liquor Li-
cense applications.
585
" 6—Resolution No. 426-76 Directing the issuance of
Beer -Liquor Licenses. .....
585
" 8—Resolution No. 427-76 Fixing a date for a special
election to be held on proposal to annex certain
territory to the City of Dubuque ................
587
20—Resolution No. 428-76 Directing City Clerk to de-
liver deed to Joseph Wild for alley conveyed to
same by Ordinance No. 32-46. . I .... I ...
598
" 20—Resolution No. 429-76 Approving application and
agreement for authority to conduct Milk Inspec-
tions. ....... .. ............
599
" 20—Resolution No. 430-76 Approving the plat of Mc-
Clain Subdivision of the City of Dubuque, Iowa.
(Earl McClain). .. ................... .......
600
20—Resolution No. 431-76 Approving Schedule of As-
sessments for City of Dubuque 1976 Asphalt Pav-
ing Project No. 1.
601
" 20—Resolution No. 432-76 Providing for the issuance
of Street Improvement Bonds for the purpose of
providing for the payment of the assessed cost of
City of Dubuque 1976 Asphalt Paving Project No.
1.
603
.....
" 20—Resolution No. 433-76 Final Estimate for the re-
placement of City Hall Electric Service and Asso
ciated Equipment.
605
" 20—Resolution No. 434-76 Accepting Improvement for
replacement of City Hall Electric Service and
Associated Equipment.
605
20—Resolution No. 435-76 Approving plat of Lot 1, Lot
2, Lot 3, Lot 4 and Lot 5, each of "Nester Heights
on Grandview" in the City of Dubuque..........
606
20—Resolution No. 436.76 Final Estimate for construc-
tion of Highway 20 and Wacker Drive Left Turn
Lane. ....
606
20—Resolution No. 437-76 Accepting Improvement for
construction of Highway 20 and Wacker Drive
606
Left Turn Lane.
20—Resolution No. 438-76 Approving Guidelines for the
Interim Assistance Rehabilitation Loan and Grant
Program and Providing for rules for the Adminis-
607
tration of said Program.
607
20—Resolution No. 439-76 Granting Cigarette Licenses.
20—Resolution No. 440-76 Granting Beer Permit appli-
cations. .......
608
INDEX—BOOK 106
1976 SUBJECT Page
20—Resolution No. 441.76 Directing the issuance of
Beer Permits. 608
20—Resolution No. 442-76 Granting Beer -Liquor License
applications. 608
20—Resolution No. 443-76 Directing the issuance of
Beer -Liquor Licenses. 608
INDEX—BOOK 106
1976 SUI3IECT Page
S
Jan. 5—Stackis, Emil, elected Mayor Pro -Tem for year
1976.
1
5—St. John's Lutheran Cemetery Assn. request for
street lights between 950 & 960 Davis approved. 3,
8
5—Schuller. Dolores, Notice of personal injuries
suit. 4,
78
12—Stockel. Larry, relative to Gun Control and Guns
7
12—Stimson. Terry, denial of personal property dam.
ages claim.
9
12—Seipp, Jan V. and Vilas A.. Richard V. Hansel. Ros-
anne F. Tone, City Solicitor recommending exist-
ing liens against property of same be lifted and
payment of $4141 be accepted for past due garbage
pick-up.
10
12—Schumacher, Tom et al (97 signers) objecting to
the extension of Highway = 52 from its present lo-
cation at 21st St. to proposed 24th & White Street
intersection.
11
12—Stockel. Larry, objecting to extension of Highway
= 52.
11
12—Schockemoehl. Al, appointed to Advisory Commis-
sion.
13
" 26—Summer Orchestra, Recreation Commission sub-
mitting an issue Funding for Community same.
16
" 26—Smith. JoAnn, relative to Dubuque Symphony.
16
" 26—Seventh Step Foundation request for rezoning by
First Baptist Church denied by Planning & Zon-
ing Commission.
17
26—Sun Oil Co., submitting plans for improvement to
Dock Commission. ...... I
18
26—Sanitary Sewer for J. F. Kennedy Road, construc-
tion of same. 25.64. 107,
176
26 --Smith, Steve J., Granted Cigarette & Beer &
Liquor Licenses. 27, 28.
345
" 26—Strub. Richard M., appointed to Rehabilita-
tion Commission.
29
Feb. 2—"Sertoma's Freedom Week" February 22nd
31
2—"Susan B. Anthony Day" February 6. 1976.
31
2—Schrup, Thomas G. Park Board Commissioner,
Official Bonds submitted.
32
2—Smith, Mrs. William, requests for street lights on
Victoria Place denied.
32
" 2—Service Agreement with Dubuque Metropolitan
Area Solid Waste Agency Solid Waste between
the Agency and the City of Dubuque (Member)
approved. 35,114, 121.
186
2—Solid Waste Agency. Establishing Rates and other
charges for the Services of the Transport and. or
Disposal Facilities provided by same.
43
2—"Stone Hill Community Subd. No. 1. Phase One",
plat of Blocks 1 thru 7 each in same, approved.
49. 70,
355
9—St. Columbkille's School requesting Council to loin
in school liturgies during week of Feb 8th to 14th
56
9—Spiegel halter, Melvin A., Granted Beer & Liquor
License and Cigarette License 57.308, 310.
423
INDEX—BOOK 106
1976 SUBJECT
Page
16—Sewage Contracts for users of Wastewater Treat-
ment Plant for Dubuque Packing Co.. Celotex
Corp., Dubuque Tank Terminal Co., and Inland
Molasses Co. submitted . ............. I ......
67
23—Shea, Thomas D. resigning from Community De-
velopment Commission . ......................
76
" 23—Survev for Citizens submitted by Advisory Com-
mission. .......
77
" 23—Schwers, James, denial of petition of same for re-
classification of Lots 31, 32, 33 & 34 of Block 1 of
Nauman Addition. ............ . I .........
77, 87
" 23—Sewer, establishing a Connection Charge for 12
inch same from the Asbury Flow Measuring Sta-
tion on Radford Rd. to the 12 inch Catfish Creek
Interceptor . ..................... .........
82, 124
Mar. 1—"Senior Citizens Recognition Week" May 2 to 8th.
85
I —Sewage spillage into the Mississippi River by the
City of Minneapolis, concerns over same. .
87
" 1—State Auditors' Report for 18 month period of Jan.
1, 1974 to June 30, 1975 submitted . .............
87
" 8—Seventh Step Foundation submitting Employers
Symposium Program . ........................
101
" 8—Schaller, Louis, relative to Community Develop-
ment Block Grant Program . ...................
101
" 8—Sound Svstem in the Council Chambers. ..........
102
" 8—Sanitary Sewer, Connection Charge for same in
Garnet Street, between Jackson Street and Cen-
tral Avenue . ....... .................... ...
106
" 22—Sawvell, Elaine, objecting to annexation. .
120
22—Schwers, James by Attorney Norby, requesting re-
fund of zoning permit. .............. I ......
120, 132
" 22—Solid Waste Disposal Revenue Bonds of the Du-
buque Metropolitan Area Solid Waste Agency,
approving the issuance of $1,700,000 of same. .
122, 189
22—Schumacher, Earl, Granted Beer Permit & Cig-
arette License . .............. ..... .
127, 308
" 22—Schoen, Mrs. Dulane, relative to proposed City
Budget . .....................................
130
" 29-701 Program -HUD, relative to application for
same. ............ ..........................
131
" 29—St. Mary's Place, Planning & Zoning recommend-
ing approval of final plat. . . ... ...........
139
" 29—Shive-Hattery selected as Engineering Consultant
for a location and design study of a Rockdale Road
Bridge replacement. ........................
146
" 29—Schumacher, Joseph A., relative to revoking li-
quor license at Noel's Tap.
...........148
Apr. 5—Sacco, Betty, relative to annual Budget. ........
"
149
5—Solid Waste Agency submitting copy of their bud-
get for'77 &'78.
150
5—Swift, Gerald P., appointed to Htg. Ventg. Air-
Cond. & Refg. Board. .......................
153
" 5—Schwartz, Frank J. appointed to Htg. Ventg. Air-
Cond.& Refg. Board. ........................
153
" 5—Saefkow, Mrs. Harold, requesting Hill St. Neigh-
borhood be part of organized Neighborhood
group. ....................................
157
" 5—Schromen, Ken, requesting to excavate at 2277
South Way.
157
INDEX—BOOK 106
1976 SUBJECT
Page
5—Schumacher, Joseph A., refund on Cigarette Li-
cense & Liquor License. . ................. 157, 182
5—Stecklein, Richard N., refund on Cigarette Li-
cense. ... . .. 1 1.......... 1.
158
5—"Sherwood Park" plat submitted by Planning &
Zoning. ...........
163
12—Stollery. Lt. Jack, submitting gift on behalf of USS
Dubuque. ............. 1
167
12—Sister Kenny Institute conduct their campaign.
174
12—St. Patrick's Church granted Beer Permit & Re-
fund. ......... ........ 177,
353
" 12—Stackis, Emil appointed to Solid Waste Agency. ..
178
19—Savanna, City of, requesting support for retention
of Army Depot. ..............
179
" 19—Sprengelmeyer, Steve J., relative to Youth Ser-
vices at budget time. . . ........... .. ........
179
" 19—Schulte, Robert John, General Liability Policy
submitted . ..................................
181
" 19—Sawvell, Bob, rezoning of Washington St. Neigh-
borhood. .... ... .. ......................
181
" 19—Sponsor fees for softball increase . ...............
182
19—Spielman, Charles, relative to sponsor fee in-
crease for softball. 1. ........ . 1. 1 .... 1...
182
19—Sigwarth, Roy, objecting to blacktopping of Jack-
son Street. I ........... .. ...........
183
" 26—"Support the Dubuque Children's Zoo Week", week
of May 9th. .......... ...................
192
May 3—"Small Business Week", May 9th to 15th. ........
201
" 3—Spensley, Alan, relative to Uniform Pricing Code.
202
3—SEWER BONDS, providing for the issuance of
' same for J.F. K. Rd. Sanitary Sewer. ..........
208
10—Smith, Jane Pitts, Notice of Suit result of incidents
occuring at Carnival Lounge . .................
220
" 17—Shoars, Neva L., relative to Hill Neighborhood
Assn.... .......
228
" 17—Softball, Men's, regarding cost cost........ of softball pro-
................
229
17—Schwers Construction Co., Sidewalk Continuation
certificate submitted. .. ...................
229
" 17—Schromen, Ken rezoning request for property in
229, 245
Davis Farm Addn. .................
17—Scott, Attorney Stephen, representing Joe Sie-
gert, concerning proposed impoundment struc-
ture on north fork of Catfish Creek.
17—Shoars, Neva, appointed to Community Develop
241
ment Commission. ....
24—Sullivan Street, L. C. Wolff requesting rezoning of
property on same. ..
244, 321
24—Stonehill Development Project, recommendation
244
of installation of street lights in same. ..
24—Sievers, Fred, represented by Attorney Miller,
relative to water bills collected by Utility Ser-
246, 288
vices. ............ I........
24—Sunrise Heights Subd., Richard Construction re
25
questing to install street lights.
June 1—Schromen, Kenneth, Sidewalk Construction
lb4
Bond submitted.
l—Smith, F.N. Co., General Liability Policy sub
264mitted.
INDEX—BOOK 106
1976 SUBJECT
Page
" 1—Street Program, 3 Year same, approving and sub.
mitting to DOT.
268
I—Schneller, Mathias, Granted Cigarette License.
268
" 1—Spensely Alan B., appointed to Advisory Commis-
sion. .......
270
" 7—Sunrise Heights, construction permit granted for
same........................
" 7—State Auditor submitting Audit Report of Major
Disater Claim. ......... ..
271
7—Savanna Ordinance Depot, Chamber of Commerce
requesting support to keep same open.
271
" 7—Solid Waste Agency, disposing of real estate to
same. 277,
297
" 7—Section 8 Annual Contributions Contract No. KC -
9004, approved . .............................
280
" 7—Savary, John Granted Cigarette License and Beer -
Liquor License. ..... 282, 310
" 7—Sheppley, W.S., granted Cigarette License.
282
" 7—Shell Service Center granted Cigarette License.
292
" 21—Schultz; David, appointed to 5 Flags Center Task
Force. . ....... .. _ . .
285
" 21—Sweet, Harold appointed to 5 Flags Center Task
Force . ............ ........
285
" 21—Stackis, Councilman, appointed to assist with com-
promise regarding storage of recreational ve-
hicles. ......
286
21—Swift Plbg. & Htg. Co., General Liability Policy
submitted . ..................... ..... .
287
21—Swan, David G., Notice of car damage claim.
288
" 21—Schiltz, Richard, to install street lights in Keystone
Drive . ..............
296
" 21—Scherer, Emma by Alice B. Weber, refund on Beer
Permit . ....................................
2qb
21—San Jose Pool Parking Lot and Sidewalk complet-
ed. ......... ..............................
296
" 21—South Dubuque Interceptor Sanitary Sewer corn-
pleted.
299
21—Sunrise Heights, plat approved for same. (James
Richard). ....... .........................
305
21—Sears Roebuck & Co. granted Cigarette License.
307
" 21—Stampfer's Dept. Store granted Cigarette License.
307
21—Shanahan, Francis J. granted Cigarette License.
307
" 21—Sunny Crest Manor granted Cigarette License.
307
" 21—Schueller, Rita granted Cigarette License.
307
..
" 21—Siefker, Jack granted Cigarette License.
307
21—Schollmeyer, Paul W. granted Cigarette License
& Beer -Liquor License.
308, 310
" 21—Schulte, Albert granted Cigarette License.
308
" 21—Stecklein, Kenneth granted Cigarette License.
308
21—Sutter, Joseph W. granted Cigarette License.
308
21—Sand, Donald granted Cigarette License & Beer -
Liquor License.
308, 310
" 24—Sprengelmeyer, Victor relative to plat of Arbor
Oaks Subd.
312
July 6—Street Maintenance payment from State DOT for
period of July, 1976 thru June 30, 1977...... ..
321
6—SANITARY SEWER ON WEST 32nd STREET
FROM CARTER ROAD WESTERLY TO J.F.K.
ROAD. 3.40,
388, 453
INDEX—BOOK 106
1976 SUBJECT
Page
6—Schlickman, Douglas L. Granted Cigarette License
& Refund.
345, 540
6—Smith, Lowrie E., Granted Cigarette License &
Beer -Liquor License.
345. 565
6—Schroeder, Gary, Granted Cigarette License.
345
19—Schueller. Margaret L., Notice of Car Damage
Claim.
350, 436
19—SCHOOL SIGNAL IMPROVEMENT PROJECTS
completed.
357
19—Spielman. Helen Granted Cigarette License and
Beer -Liquor License. .
376. 527
" 19—Sprengelmeyer. Roy appointed to Electrical Ex-
amining Board (Deceased)
378
" 19—Stackis, George relative to purchase of Caradco
Buildings.
379
Aug. 2—Stockman, Tim, relative to pollution.
381
" 2—Sewage rental funds increases. relative to same.
385.469.
486
" 2—St. Anthony's Parish requesting to close Rosedale
Ave. on Sept. 26, 1976
385
" 2—Smith, A. J. et al requesting removing of regulato-
ry sign prohibiting parking after 12 A.M. on alter-
nate days of the week on Jackson Street.
386
" 2—St. Anthony's Messenger requesting to solicit mag-
azine subscriptions
386
2—Steines. Agnes & Herman, objecting to W. 32nd
St. Sanitary Sewer.
389
2—Sfikas. Pete granted Cigarette License, and Beer
& Liquor License.
393, 394
" 2—Schurbon. Richard, Granted Cigarette License.
393
2—St. Columbkille Church granted Beer Permit & Re-
fund.
394. 497
2—Solomon, Chester appointed to Transit Trustee
Board.
395
5—Speer, Paul D. & Associates Inc. recommending
awarding of bid of $5,700,000. Water Revenue
Bonds to John Nuveen & Company Incorporated.
397
16—Schromen, Ken. Public Liability Policy submitted.
400
16—Schiltz, LaVerne J., relative to paving of English
Lane
413
16—Securities Building Corp granted Beer Permit.
422
Sept. 7—Schrup• Thomas G., appointed to Community De-
velopment Commission.
432
7—Staley. Don, requesting zoning reclassification.
433, 569
"—State Automobile & Casualty Underwnter for Ma-
lena Kay Moser, Notice of personal injury claim.
436
7—Sewage, disposal of same and wastes into public
sewers.
444
7—Sertoma Club requesting to sell light bulbs Sept
24th & 25th
451
7—Solid Waste Agency. approving operating agree
ment between same and City of Dubuque
45a
7—Solid Waste Recovery Concept, supporting conti
nued exploration of same.
457
7—Street Finance Report for June 30, 1975 to June 30.
1976 submitted
461
7—Sirloin Stockade, Inc . Granted Cigarette License.
463
13—Sheean. John J., Sidewalk Continuation Certificate
submitted
466
INDEX -BOOK 106
1976 SUBJECT
Page
13—Softball complex, Men's Recreation Assn. request-
ing 35 acres of land to erect same. ....
469
" 13—Senior High School requesting to conduct Home-
coming parade on Oct. 14th and fireworks permit
for Oct. 15th. ..........
469
13—Seventeenth Street Storm Sewer project possible
thru Federal Funding. ......... I . 477, 524
" 27—Schwartz and Mihalakis, Approving form of option
to purchase real estate described as Block 2 in
"Riverfront Subdivision No. 2" from same. ......
480
Oct. 4—State Farm & Casualty Co. filing their Casualty
Fidelity and Surety Certificate of Authority to do
business in Iowa. ..........
484
" 4—Sanfter, L.R., requesting installation of 2 street
lights along Hillcrest Rd.
486
" 4—Sullivan, Gene, requesting to purchase property in
Lots 189 & 190. . . . . . I .......................
497
4—Sanitary Sewer construction in Judson Dr. from As-
bury Road to a point 454 ft. south of Asbury Rd..
establishing connection charge for same.
499
" 4—Schnee, Steven T., granted beer -liquor license.
509, 586
" 18—"Safety on the Streets Week" last week of October.
511
" 18—State of Iowa, City Development Board approving
ANNEXATION. .......... ................
511, 568
Nov. 1—Sanderson, Sandy, relative to "Operation Sleigh"
Christmas project. ..........
532. 567
" 1—Schneider, Eric, dismissal of charges against Civil
Service Commission. ............. I .... . ..
533
" I—Scheuring, Jeanette, Notice of personal injury
claim . ......................................
533
1—Seventh Day Adventist Church, requesting to soli
cit for funds in Nov. 1976 . ....................
539
" 1—Salvation Army requesting to sell Annual Christ-
mas War Cry during Nov.
540
1—Salary adjustments, submitted by City Manager.. 547,
562
" I—Stone Hill Community Subdivision No. 1, Phase
Two of same, final plat approved (Security not
furnished — NULL & VOID). ............
549
" 1—Solid Waste Agency submitting Progress Report
on Sanitary Landfill.
550
" 15—Sundown Court changed from Martha Court. ...
557
Dec. 6—San Jose Center, Recreation Director submitting fi-
nancial and participation report on the operation
of the same.
569
" 6—Short Street, City Manager recommending 2 street
lights installed along same.
569
6—Street Improvement Bonds, providing for issuance
of same for payment of assessed cost of City of
Dubuque 1976 Asphalt Paving Project No. 2 (Eng-
lish Lane). ........ ...................
577
"20—SAN JOSE CENTER, Recreation Director sub-
mitting agreement with Loras College for use of
same . ............... .........
595
20—Swift, Gerald and Thomas, relative to rezoning re-
quest in Equestrian Heights. ......... . I . .
597
" 20—Shopping Center, west end, Attorney John Cody Jr.,
relative to same.
598
INDEX, BOOK 106
SUBJECT Page
20—Street improvement Bonds, providing for issuance
of same for payment of assessed cost of City of
Dubuque 1976 Asphalt Paving Project No. 1. 603
20—Schwers. James appointed to Board of Appeal
(Building Code). 609
INDEX—BOOK 106
1976
SUBJECT
Page
T
Jan.
5—Tully, Thomas A. Jr., sworn in as new Council-
I
"
man.
5—"The Telegraph -Herald" appointed official news-
paper of the City.
2
"
5—Transit Trustee Board submitting minutes of their
meeting. ..... I ..................... 3, 8, 19,
31, 85, 130, 192, 228, 285, 381, 400, 431, 483, 531, 594
"
12—Tone, Rosanne F., Richard V. Hansel, Jan V.
Seipp and Vilas A. Seipp, City Solicitor recom-
mending existing liens against property of same
be lifted and payment of $400 be accepted for past
due garbage pick-up.
10
"
12—Teleprompter requesting permission to transfer
the Communitv Antenna Television permit for
Dubuque to Teleprompter Corp., a New York
Corp. ..................................
10
"
26—Trueblood, Terrv, relative to Dubuque Symphony.
16
"
26—Thompson's Food Markets, Inc., Oky Doky U*9.
Granted Beer Permit. ....... I .... I ..........
28
Feb.
2—Thoms, Allan T., requesting Five Flags Theatre
be accepted as a complex . .....................
33
"
2—Telecommunications Plan under a 28E Agreement
for City -County Law Enforcement Center, au-
thorizing the City Clerk to publish bids for same.
48
"
16—TV Franchise Ordinance No. 25-63, Federal Com-
munications Commission seeking clarification of
various sections of same. ............... 1...
59
"
16—Thumser, Carl, objecting to assessment for J.F.K.
Rd. Sanitary Sewer..........
.................
64
"
23—TV, Pay, UAW Local 94 relative to same. ..... ...
76
Mar.
1—Thru-Put, permit issued to same to reconstruct
existing docking facilities, issued by Corps of En-
gineers. ....... I ........................
85
1—Thoms, Allan T., submitting a "Policy Statement,
Dubuque Area Industrial Development Corp..
Background & Future Goals of the Dubuque Am-
bassadors, and 1975-76 Program of Work of the
Dubuque Area Chamber of Commerce. .........
86
"
1—Taxi fare rate increase, requested by A -OK Yel-
low Cab Co.
92. 235
"
1—Timber Ridge Addn., City Engineer recommending
vacating of utility easements in portion of same.
93
"
I—Thompson's Food Markets, Granted Cigarette Li-
cense, and Beer Permit. .......... ..... ......
98, 100
"
8—Tugboat Floyd, relative to obtaining permanent
possession by Dock Commission . ..............
102
"
8—Tschiggfrie Excavating Co., awarded bid for John
F. Kennedy Road Sanitary Sewer Extension, East
Side. ...... .. ........
108
"
22—Tschiggfrie, Ed. objecting to annexation.
120
"
22—Tomkins, John, objecting to production of alumi-
num cans.
130
"
29—Thru-put Terminals Inc., by Robert Bertsch, Atty.,
requesting for consent to Assignment of Dock
Commission Lease with same. . .......
136
"
29—Tully, James J., appointed to Community Develop-
ment Commission.
148
INDEX—BOOK 106
1976
SUBJECT
page,
Apr.
5—"Tornado Preparedness Weeks" first two weeks in
April.
149
5—Thompson's Food Market request refund on Cig-
arette License and Beer Permit . . ......... ....
157
"
12—Transit Board, display new bus in Town Clock Pla-
za. ..........
174
12—Tigges, Landa appointed to the Youth Services.
178
26—Thermolyne Corporation commended for winning
the "E ' Award.
191
May
3—Tower Drive. Nancy Marti favoring paving of same
in 1976 Asphalt Paving Project.
210
"
3—Transient Guest Tax, Local Option same, recom-
mending adoption of House File 873. .
217
10—Terminal St. Force Main Phase 11, Contract 1,
placed under contract as portion of wastewater
project.
219
10—Thoms, Allan. Dubuque Industrial Advisory, re-
questing City purchase Caradco. 220.
379
17—Transplan '76 submitted by DOT.
229
"
17—Timmerman, Ruth C., Sidewalk Continuation Cer-
tificate submitted.
229
"
17—Tschiggfrie Excavating of Dubuque awarded con-
tract for reconstruction of Jackson St. from 22nd
St. to Diamond St.
237
"
24—Tri-State Paving Co., awarded contract for 1976
Asphalt Paving Project No. 1.
252
June
I—Tanner, M. L. et al, objecting to noise and traffic
coming from Eagle Point Park. ... .......
265
"
I—Three Year St. Construction Program, approving
same. I .... I ..... .. ...... I.
268
"
7—Tri-State Paving to include "Cathedral Square'
with 1976 Asphalt Paving Project. ......... I _
271
7—TRAFFIC CODE, Noise Standards relative to same
amended.
272
7—Traffic Signals at Grandview Ave. & Highway =20
completed . ...........................
281
7—Trancalle Inc. Granted Cigarette License.
282
7—Tschiggfrie, Raymond Granted Cigarette License.
282
21—Tanner, Merlin appointed to 5 Flags Center Task
Force. ..........
285
21—TV PAY, Channel, objections to same. ......... 286. 320
21—Teleprompter Corp. submitting financial state
286
ments for year ending 12-31-75.
21—Tri-State Paving Co. Sidewalk Construction Bond
287
submitted.
21—Thill• Betty Jean & Robert, Notice of personal in
2A8
jury claim.
21—Tschiggfrie Excavating Co., awarded contract for
construction of Glenwood Court Storm Sewer.
301
21—Tri-State Truck Center granted Cigarette License.
307
21—Thompson's Food Markets granted Cigarette Li
308
censes (4).
21—Tegeler, Earl granted Cigarette License and Beer
308. 585
P
Permit.
308
21—Tressel, Allen C. granted Cigarette License.
24—Table Mound Township, portion of same to be an
314
nexed.
July 6—Tschiggfrie Excavating, relative to rezoning
321
property for asphalt factory.
INDEX—BOOK 106
1976
SUBJECT
Page
"
6—Tschiggfrie Excavating awarded contract for re-
construction of Jackson Street from 12th Street to
22nd Street.
328
6—Tool Lending Library sponsored by Washington
Tool Library. Inc., a non-profit corporation, au-
thorizing submission for release of funds for
same. ...................... ................
337
"
6—Trausch Baking Co., Granted Cigarette License.
345
"
6—Turner, Jerry, Granted Cigarette License. .......
345
"
19—Tabak, Phyllis, objecting to use of Channel 11 by
K D U B. . ........
348
19—Thermo King Sales & Services, Dock Board recom-
mending sale of property in Riverfront Subdivi-
sion Industrial Park to same . ..................
350, 388
Aug.
2—Teleprompter, City Solicitor submitting findings
relative to KDUB.
384
2—Transit Trustee Board appointments to same. ..
395
"
16—Temporary permit issued from D.E.Q. for opera-
tion of the City Island Landfill.
421
"
16—Tully, M. J., appointed to Municipal Government
Task Force. .. I . I .... .. I ....... 1 1
423
Sept.
7—Tri-State Paving Co. awarded contract for construc-
tion of 1976 Asphalt Paving Project No. 2 (English
Lane). I I . . .. . . . _ .... ....
452
"
7—Tri-State Paving Co. awarded contract for con-
struction of West 32nd Street Sanitary Sewer from
Carter Rd. to J.F.K. Road . ..... ...............
453
"
7—Topeka Inn Management Inc. granted Beer -Liquor
License.
465
"
13—Town Clock Plaza, authorizing execution of a con-
tract amendment with Barton-Aschman Associ-
ates, Inc. for design of same. .................
476
"
13—Town Clock Pedestrianway project possible thru
Federal Funding. ............
476
Oct.
4—"Trick or Treat Day" October 31 . ...............
483
11
4—Taco John's Store =3 granted Cigarette License.
508
Nov.
8—Transfer of Community Development Block
Grant Funds from the Comiskey Park Improve-
ment Project to the Comiskey Park Shelter Pro-
ject approved . ..............................
553
"
15—Transit Authority requesting work session with
Council and DMATS.
561
"
15—Thompson's Food Markets Inc., granted Beer Per-
mit. . . ....... ............
564
"
15—Town Clock Inn granted Beer -Liquor License.
565
INDEX—BOOK 106
1976 SUBJECT Page
U
Jan. 26—URBAN RENEWAL Project, Iowa R-15, Notice
of Sale of Project Notes (First Series 1976) for
same. (5463,000).
24
Feb.
2—University Avenue & John F. Kennedy Road In-
tersection, East & Westbound Vehicles must stop
before entering same.
35
9—Unit Pricing, requiring the disclosure by retail dis-
tributors of retail same of consumer commodites
sold, offered to be sold, or displayed for sale in the
City. (NOT ADOPTED). . _ ... .. 54,201, 243
16—Unsen, David, objecting to assessment for J.F.K.
Rd. Sanitary Sewer.
64
"
23—UAW Local 94 relative to Pay TV.
76, 400
Mar.
1—URBAN RENEWAL, Notice of Sale of Project
Notes in the amount of 5463,000. .....
96
22—United Cerebral Palsy requesting to conduct Bike-
A-Thon.
119, 180
"
22—Union Park area residents objecting to annexation.
120
"
22—U of D (A.R.A.) Granted cigarette licenses. (2). ..
126, 345
"
29—Unsen, Dave, requesting denial of rezoning in the
Kennedy Road.
136
"
29—University of Dubuque connector roadway, FAUS
project for consultant study of alternate corridor
location for same.
145
Apr.
19—Unsen, Richard R. & Eulalie, objecting to resur-
facing of Jackson St.
183
May
3—UAW Local 94, relative to Individual pricing. .....
202, 243
10—URBAN RENEWAL PROJECT, Downtown, No-
tice for release of funds for project for purchase
of cleared land in same.
222
June
21—Utility Services, relative to unpaid water bills.
246, 288
July
19—UNIVERSITY AVENUE PEDESTRIAN CROSS-
WALK completed.
359
19—Uhlrich, Paul, appointed to Electrical Appeal
Board. ...
378
Sept.
13—"United Way Month" September 21 thru October 31,
1976.
466
13—Urban Renewal Project, Asst. City Manager rela-
tive to charge-off uncollectable rents in same. .
469, 498
13—Urban Renewal Project, Notice of Sale of Project
Notes (Fifth Series 1976) in amount of $274,000...
472, 520
INDEX—BOOK 106
1976
SUBJECT
Page
V
Jan.
5—Variance Fees, Planning & Zoning recommending
changing same . ..............................
4, 20
Feb.
2—Victoria Place, request for street lights on same
by Mrs. Wm. Smith denied . ...... ............
32
9—Vacating alley at the west end of Marquette Place
to Mr. Zurcher. .........................
54, 91
16—V.F.W. requesting to conduct their annual Poppy
Buddy Sale on May 14th . ............. I ...... 1
63
Mar.
1—Vacating portion of utility easements in Timber
Ridge Addn.
93
8—Vacating alley requested by Merwyn Ellis of 1652
Finley St. (DENIED) . ......................... 105, 532
"
22—Vacating lot abutting 645 N. Burden St., requested
by James A. Aird . ............................
120
"
29—Vacating plat of Hawkeye Estates Sub. previous re-
corded. (HEFEL). .
140, 169
Apr.
5—Variance, issuance of same, amending Ord. 32-75.
156
19—Vacating of section of Viola St., requested by Com-
munity School District . .................... 181, 537, 560
"
19—VanDueiman, Carl A., Granted Beer Permit &
Cigarette License . ............................
187, 268
24—VEHICLES, Recreational, regarding storage of
same. .......................................
245. 324
June
21—Voelker, Thomas pointed to 5 Flags Center Task
Force . ......................................
285
21—Vacating portions of Elbow St. & Brunswick St. by
County Bd. of Suprs. .........................
286
21—Vincent, Brian J., granted Cigarette License. ...
307
"
21—Village Inn Restaurant granted Cigarette License.
307
July
19—Vacating property abutting E. 16th St., E. 17th,
Maple Street and part of 18th St. bounded on all
sides by Dubuque Packing, requested by Dubuque
Pack. .......................................
353. 411
Aug.
16—Vacated portion of Hickory St., approving plat for
same. .......................................
410
16—Vacated portion of Kerper Blvd., approving plat for
same. .......................................
410
Oct.
4—Vacating alley parallel with Cherry St., requested
by Ronald Hixon . ............................
497, 532
"
4—Vacated portion of Lime Street to Perfection Oil
Co., approved . ...............................
457. 500
"
4—Vacating existing utility easements in part of Knob
Grove Addn. requested by John Duggan.
503
"
18—Vacated alley on Clarke Drive, Joseph Wild re-
questing deed for same. .......................
514, 59S
"
18—Vacation of certain portion of platted Washington
St. south from Liebe St., requested by Dubuque
Storage & Transfer Co . ....................514,539,
558
Nov.
1—VanZile, Herb, relative to rowdiness in the parks.
532
Dec.
20—Vreeland, Mary J. granted Beer -Liquor License.
609
INDEX—BOOK 106
1976 _ EUEcr
Page
W
Jan.-Wertzberger. Richard, sworn in as new Council-
man
I
" 12 -Washington Park Restoration Project. Jaycees
submitting progress report on same.
S. 206
" 12 -Washington Neighborhood Council requesting
Council and Rehabditation Commission to adver-
Use their functions. services and guide lines and
requesting solicitation from the City at large
rather than select a specific block in the neighbor-
hood
" 12-W esterfieW. Mamn. ob;ectmg to extension of High.
! I
wav = 32
1 i
" 12 -White St. & Central Ave. City Manager recrxn•
wig couple system reiative to extr_rgir;n rif
Osie- a air of same.
11
26-11tLWe,. Cistg Engm."e m rehwve to Mihalak m matter
1A
_W agner Robef-: D `: ,tat:c of Cia:rn sled bq Hart
ford ?4 odenr. $ lns nzr•;. Co. sasbroge* *-,tWrrk.
mart's Ca=pe w.;x Carries for Kiirchaff Distrt-
buengCo
14
26-`A milt -A -'Yb= rezp ,e b s' Manch of D to bit
held m Apri: 2. 1"
22
•— •3CLr F 7ril.i tit !T'."..4:IaPrYsPj. City 4 DCtbuquie, 4'riw
22
fah JLOZr Cretietsu-
rt-3 i,.. ;strict liSr
t!r ler.
first
. F-W u•"• ' - .a:."'ae: r ?'aztr »,cisi v:c x 4 3i:u6gr
' ► i ::scurifn %ar:.lirrss. YY.aAxtr !eve axmr.
—+ iini iit ', .i ?}"r Y`/i±•fM: ^riPl7,- i !
— y+ aGS. :'zi;c'itt. ''iii:: aiitact.i lrr6 ' .Mrrr
_:_ — ti► ,"' ,,;nit "- A s.+.,,-: a_r:•:rm.ttss '.t •.u;i
i4asints ::ro alit rn.-
:m .nj+--.n 4 .. wti.-sArAeA
psi
do
— iAT.1j..:•1. .r'iitft t .!r•. . ,-•.nix stvi r•,y ....,':,t
Z' am
r't U n :r^icti,"t > - >•rnir and '.,(1-fe"
i tntir
e' nut
k.atlli!!tt•t ,.ti.a t trr•r' 6 -.i"Wx
— niSlr i".tLMH t, jrlst: .• ,.. i•,.y;- l ^ttti' q,bas •K'
' . ' ui'-' ZSlli ttt•:!a„Aif! iii': • .ti•!d.it r /.fl1a11Mr' tel•
i,,...inq it Mitt.+
Ol
INDEX, BOOK 106
-
SUBJECT
..
Page
-4—Wertz. Donald requesting refund of Cigarette Li-
285
cense and Beer Permit . .......................
137
k.- 5—"Wagon Train" scroll presented by Dennis Naugh-
285
ton. ..................... ........ I.....
149
5—Wagner, Monica, relative to annual Budget. .....
149
5—Water Rate Increases presented. 153, 168, 185, 204, 326
" 12—Weber, Philip N., appointed to Advisory Commis-
" 21—Wareco System of Iowa granted Cigarette License.
sion. .. ... 178, 270
" 19—Waltz, Hank, resigning from Community Develop-
308
ment. Commission . ...........................
179
" 26—White Street, between 22nd & 24th Sts., Mrs. R.J.
308, 310
Kiefer requesting additional lighting for same. ..
195, 203
" 26—Western part of City, requesting land be set aside
308, 310
for park by Gene Potts. ......................
196
May 3—Walnut Street, objections to repaving same in 1976
327
Asphalt Paving Project No. 1.
210
" 3—Walnut Street DELETED from 1976 Asphalt Pav-
ing Project No. 1 . ........... ........
211
" 3—Water Main Project over the 16th St. Bridge be-
tween Area "C" & Kerper Blvd. completed.
215
" 10—Water Treatment Plant, expansion of same.
1.. _ . . ...... . ............. 225, 252, 316,
342. 418
" 17—Wa-tan-ye Clubs, Inc., hoping to publicize Bicen-
tennial Queen & King Contest.
228
" 17—Washington Park, prohibiting the consumption or
use of intoxicating liquor, wine or beer in same. .
233
" 17—Walgreen Co. Granted Beer Permit & Cigarette Li-
cense. ......... .. ................
240, 268
" 24—"Wheelchair Awareness Day" May 26, 1976.
243
" 24—Wolff, L. C., requesting rezoning classification on
Sullivan St. ................ _ ............
244, 321
" 24—WATER REVENUE BONDS, fixing a date for the
initiation of proceedings for the issuance of
$7,000,000 same . ... .... .. ....... ........
253, 275
June 1—Weber, Alice, Granted Beer Permit & Cigarette
License . .......... ..........................
269, 282
" 1—Wagner, Judie, appointed to Advisory Commis-
sion.
270
.....................................
" 21—Wagner, Fred appointed to 5 Flags Center Task
Force. .............................. .......
285
" 21—Whitehead, Jeff appointed to 5 Flags Center Task
Force.
285
" 21—Welsh Enterprises Inc. granted Beer Permit &
Cigarette License. ......................
308, 309
" 21—Woolworth's granted Cigarette License. .....
307
" 21—Wareco System of Iowa granted Cigarette License.
308
" 21—Wong, Chuck N. granted Cigarette License. ......
308
" 21—Wunder, Eileen granted Cigarette License & Beer -
Liquor License . .................. .........
308, 310
21—Willenborg, B. F. granted Cigarette License &
Beer -Liquor License . .........................
308, 310
July 6—Watters Subd., Charles Hemmer et ux requesting
vacation of alley in same. I ........ ...... 1
327
" 6—Washington Street Neighborhood Community De-
velopment Project, approving the Neighborhood
Improvement Plan for same.
334
" 6—WEST 32nd ST. SANITARY SEWER FROM Carter
Rd. westerly to J.F.K. Rd. 340,
389, 453
INDEX—BOOK 106
1976
SUBJECT
Page
"
6—WATER REVENUE BONDS, issuance of same in
amount of $5,700,000. for expansion of Water
Treatment Plant. ... .................. 343, 361,
396, 424
"
19—Wernecke, Dale, requesting rezoning of real es-
tate in Highland Farm and St. Rose Place; west of
Chaney Road between Asbury Rd. & Kaufmann
Ave. I ................................. I.
353. 404
Aug.
2—Washington Park recommended for inclusion in
the National Register of Historic Places. ........
381
2—Water Department Audit by O'Connor, Brooks and
Co. for period of July 1, 1975 to June 30, 1976 sub-
mitted by City Manager . .....................
383
"
2—Women's Recreation Assn. granted Beer Permit.. 394,
451
"
16—"World Literacy Day in Dubuque" Sept. 8th. .....
399
16—Wood, Wm. appointed to Municipal Government Task Force.
..................... ............ I......
423
"
16—White, John L., appointed to Municipal Government
Task Force . ... .............................
423
16—Watters, Wm., reappointed to Housing Commis-
sion. ........................................
423
Sept.
3—Woodward, Wm., appointed to Civic Center Build-
ing Committee. ..........................
429
"
7—Willoughby, David J., resigning from Community
Development Commission. ..................
432
"
7—Wellman, Rex, relative to Jean Marie Cardinal
Canoe trip. . .....................
434
7—Wild, Velma H., Notice of personal injury claim... 436, 571
"
13—Windsor and Davis intersection, southbound to
stop at same. . ...... I ......................
468
13—West Ridge Second Addition, final plat approved
(Delbert Miller). .............................
470
Oct.
4—Washington Park Restoration, Community Devel-
opment Commission submitting recommenda-
tions for use of monies for same . ...............
485
4—Wahlert High School to conduct Homecoming pa-
rade on Oct. 22nd . ............................
497
"
4—Wacker Drive left turn lane at Highway 20, con-
struction of same.. 503,
........................
516, 606
18—Weiser, Milton L., settlement of claim against City
& B & G Automotive Parts Inc . ................
514
18—Wild, Joseph requesting deed for vacated alley on
Clarke Drive . ............. ..............
514, 598
18—Wastewater Treatment Facilities Phase Il, Con-
tract IIA completed.518,
.........................
542
Nov.
1—Westermeyer, Annie relative to "Operation
Sleigh" Christmas project. ....
532
15—"We Love Lucy Day" November 28th.
554
15—West 5th St. and Delhi intersection, west bound ve.
hicles to stop at.
558
15—Woodward, Wm., reappointed to Dock Commis-
sion. I I ................
565
Dec.
6—Wastewater Treatment Facility progress report
submitted. ...... .... I....
568
6—West End Business Men's Association, relative to
zoning on J.F.K. Rd.
573
6—Windsor Avenue & Davis Street, westbound vehi.
cles to stop at intersection. ..... ............. .
574
INDEX—BOOK 106
1976 SUBJECT Page
20—Wastewater Treatment Program, Corps of Engi-
neers advising of application for consideration
for construction permit. 595
20—Witherall, Mildred A., Executor of estate of Cyril
N. Meitl, requesting refund of Beer -Liquor Li-
cense. 598
INDEX—BOOK 106
1916 SUBJECT Page
Jan. 16—Xavier Hospital expressing concern of the con-
dition of streets leading to hospital. 16
INDEX—BOOK 106
1976 SUBJECT Page
V1
Apr.
5—Youth Services Board requesting work session
with Council. .... ..... . I ........ I ...
157
"
12—Youth Services submitting names for appoint-
ments. I ...................... I. .....
167, 178
"
19—Youth Services, relative to budget. .......... .
179
Ma_v
17—Youth Services submitting minutes of their meet-
ings. ................................ ....
228
Aug.
16—Yard Setback requirements in Commercial &
Light Industrial District, establishing same.
402
Oct.
4—YMCA-YWCA advising that YMCA Camp is not to
be sold as result of possible annexation.
485
"
4—Y's Men's Club to conduct Halloween Parade on
Oct. 27th.
497
"
18—"Youth Appreciation Week" Nov. 8th to 14th.
511
Nov.
15—Youth Services advising of vacancies and re-
questing replacements.
554
INDEX -BOOK 106
1976
SUBJECT
Page
Z
Jan.
5—Zurcher, John, requesting vacation of alley abut-
ting his property at 2640 Marquette Place. 5,
54, 91
Feb.
9—Zoning within the 2 mile limit of the City, Council
concur with the Mayor's action with County Bd. of
Supervisors. . 58, 102, 321
Mar.
22—Zoning of Washington Street Neighborhood. ... 117, 135, 181
"
22—Zimmer, Mrs. Christine, relative to Water Rate
Increases.
130
29—Zoning Board of Adjustment, appointments to
same. ......
148
Apr.
5—Zoning Ordinance amendments to same submit-
ted by Planning & Zoning. .................. 155, 289
"
5—Z. D. Street & Co., Inc. Granted Cigarette License.
164
"
26—Zoo, Children's report submitted by Committee.
191
June
7—Zickuhr, Douglas, Granted Beer Permit. .. .......
284
"
21—Zak, Mrs. Carl appointed to 5 Flags Center Task
Force. ......... ...................
285
"
21—Zayre Snack Bar granted Cigarette License.
307
24—Zwack, Attorney Joe, opposing proposed annexa-
tion.
314
Regular Session, January 5, 1976
CITY COUNCIL
OFFICIAL
Regular Session, January S, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis, Tul-
ly. City Manager Gilbert D. Chav-
enelle.
Invocation was given by Mrs.
Kerin Moldenhauer.
Mayor Justmann called the Meet-
ing to order and stated that this is
THE REGULAR MONTHLY MEET-
ING of the City Council, and also
the FIRST MEETING OF THE FIS-
CAL YEAR, for the purpose of act-
ing upon such business as may
properly come before the Meeting.
Retiring Mayor Justmann ex-
pressed "Thanks" to the Council
and Staff, also the Community as a
whole, for having been given the
opportunity to serve. He placed
special stress on the promotion of
the Arts for the City, and what
has been accomplished. The City
of Dubuque is now considered
Number One in the State in the
promotion of the various arts.
The City Clerk swore in newly
elected Councilmen Thomas A. Tul-
ly Jr. and Richard Wertzberger to
serve to 12-31-79.
Councilman Brady moved that
Councilman Alvin E. Lundh be
elected to serve as Mayor for 1976.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Councilmen Brady, Lundh,
Stackis, Tully, Wertzberger.
Nays—None.
City Clerk Frommelt swore in
the newly elected Mayor Alvin E.
Lundh, to serve in that capacity
for the fiscal year of 1976.
Mayor Lundh moved that Coun-
cilman Emil Stackis be elected to
serve as Mayor Pro -Tem during the
year of 1976. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
RESOLUTION NO. 1.76
PROVIDING FOR THE APPOINT.
MENT OF A CITY MANAGER,
CITY CLERK, AND CITY SOLICIT.
OR FOR THE CITY OF DUBUQUE
IOWA AND FIXING THEIR
BONDS, AND PROVIDING THEIR
SALARIES.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: That the fol-
lowing officers be appointed, sub-
ject however, to the right of the
Council to declare such offices va-
cant or remove the officers there-
from at the pleasure of the Coun-
cil with or without cause, and to be
paid the compensation provided in
the budget approved March 24,
1975, and that the City Manager
provide a bond in the amount of
$5.000, and the City Solicitor pro-
vide a bond in the amount of
$1,000 at their own expense and
the City Clerk be covered under
the Blanket Honesty Bond of the
City.
City Manager Gilbert D. Chavenelle
City Clerk Leo F. Frommelt
City Solicitor R. N. Russo
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adopt -
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully, Wertzberger.
Nays—Councilmen Brady.
Mayor Lundh swore in Gilbert D.
Chavenelle as City Manager, Leo F.
Frommelt as City Clerk and R. N.
Russo as City Attorney to serve
during fiscal year of 1976.
Mr. Arnold J. Honkamp present-
ed Mayor Lundh with a new gavel
set.
Mrs. Kerin Moldenhauer present-
ed a picture of past Mayors.
Mr. Robert Fisch presented a
plaque to former Mayor Justmann
from the Council of Neighborhoods
in appreciation for work done in
their behalf.
RESOLUTION NO. 2-76
A RESOLUTION DESIGNATING
THE OFFICIAL NEWSPAPER
OF THE CITY OF DUBUQUE,
IOWA.
Regular Session, January 5, 1976
BE IT RESOLVED BY THE
CITY OF DUBUQUE, IOWA:
That "THE TELEGRAPH HER-
ALD" a daily newspaper of gen-
eral circulation be appointed the
official newspaper of the City.
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 3.76
RESOLUTION NAMING DEPOSIT-
ORIES
BE IT RESOLVED by the City
of Dubuque of Dubuque County,
Iowa: That we do hereby designate
the following named banks to be
depositories of the City of Dubu-
que funds in amounts not to ex-
ceed the amount named opposite
each of said designated depositor-
ies and the City Treasurer is here-
by authorized to deposit the City of
Dubuque funds in amounts not to
exceed in the aggregate the
amounts named for said banks as
follows, to -wit:
NAME OF DEPOSITORY, LOCA-
TION, Maximum Deposit in effect
under prior resolution, Maximum
Deposit under this resolution
American Trust & Savings Bank,
Dubuque, Iowa ($10,000,000.) $5,-
000,000
Dubuque Bank & Trust Com-
pany, Dubuque, Iowa, ($5,000,000.)
$5,000,000
First National Bank of Dubuque,
Dubuque, Iowa ($5,000,000.) $5,-
000,000
Key City Bank & Trust Company,
Dubuque, Iowa, ($5,000,000.) $5,
000,000
The amount authorized by this
resolution is hereby approved.
&/Maurice E. Baringer, Treasurer
of State
The vote on the resolution is as
follows:
Ayes: Alvin E. Lundh, Mayor,
James E. Brady, Emil Stackis,
Thomas A. Tully Jr., Richard
Wertzberger, Councilmen.
Nays: None
Dated at Dubuque, Iowa, this 5th
day of January, 1976.
SEAL
Leo F. Frommelt,
City Clerk
Maurice E. Baringer,
Treasurer of State
Councilman Brady moved adop.
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
January 2, 1976
Honorable Mayor and
City Council
We hereby submit personal
bonds for the City Manager and
City Treasurer and desire to have
your approval on same.
Gilbert D. Chavenelle, City Man-
ager, Midwestern Casualty & Sure-
tyCompany, Bond No. FO -55784
$5,000. January 1, 1976 to Decem-
ber 31, 1976.
Gerald Hird, City Treasurer, The
Ohio Casualty Insurance Company,
Bond No. 1293899, January 1, 1976
to December 31, 1976, $50,000.00
Gilbert D. Chavenelle,
City Manager
Councilman Stackis moved that
the communication be received and
filed and filing approved. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
December 29, 1975
Honorable Mayor and
City Council
As City Manager, I wish to ad-
vise your Honorable Body that all
officers and employees who I have
power to appoint, and are under
my supervision, direction and con-
trol, and whose appointments con-
tinue at the pleasure of the man-
ager, and who are now serving in
their respective capacites, will be
paid salaries in accordance with the
detailed distribution of proposed
expenditures for the period Janu-
Regular Session, January 5, 1976
ary 1, 1976 through June 30, 1976,
which the Council established at
the time of budget hearing and
adoption and in accordance with
the attached "City of Dubuque
January 1, 1975-3une 30, 1976
Wage and Benefit Plan."
Since additional wages and bene-
fits are under consideration, fur-
ther wage proposals will be
brought before the City Council.
Also, since the calendar year 1976
extends through the July 1 -Decem-
ber 31 portion of the 1977 fiscal
year, wages and the distribution of
wage expense for this period will
be determined and set out in the
budget for fiscal year 1977.
Gilbert D. Chavenelle,
City Manager
Councilman Stackis moved that
the communication be received and
filed and approved. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Iowa Depart-
ment of Environmental Quality ad-
vising of issuance of sanitary sew-
er construction permit No. 76.230-S
for Kelly's Bluff Properties, pre-
sented and read. Councilman Brady
moved that the communication be
received and filed. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh. Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Kerin Molden-
hauer submitting brochure of pray-
ers that were said as invocations
during the year 1975, and request-
ing they be placed in the City's
records, presented and read. Coun-
cilman Stackis moved that the bro-
chure be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of City Manager
recommending the installation of a
street light to be located between
950 & 960 Davis Avenue, relative
to request submitted by St. John's
Lutheran Cemetery, presented and
read. Councilman Brady moved
that the communication be refer-
red to nex: week's Council meet-
ing. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady Stackis, Tully, Wertz-
berger.
Nays — None.
Proof of Publication, certified to
by the Publisher, of List of Re-
ceipts and Expenditures, also List
of Claims for month of Novem-
ber, 1975, presented and read.
Councilman Stackis moved that the
proof of publication be received
and filed. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Printed Council Proceedings for
the month of September, 1975, pre-
sented for approval. Councilman
Stackis moved that the Council
Procedings be approved as printed.
Seconded by Mayor Lundh. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Dubuque Tran-
sit Trustee Board submitting min-
utes of their meeting of November
25, 1975, presented and read. Coun-
cilman Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Dubuque Fed-
eration of Labor submitting the
name of Robert Runde to serve on
the Community Development Com-
mission and requesting the Council
to make the appointment, present-
ed and read. Councilman Stackis
moved that the communication be
referred to Council. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz
-
berger.
Nays — None.
Communication of .Rre-
ports
Justmann submitting project
ports covering Canoe Project, Park-
Regular Session, January 5, 1976
ing Ramp, Historical Site Designa-
tion, and Water Sports Industry &
Marina Development, presented
and read. Mayor Lundh moved
that the communication be receiv.
ed and filed and referred to Coun-
cil for further discussion. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — Noce.
Notice of Claim of Daniel J. &
Sharon Rose Pluemer, in the
amount of $604,000., for personal
property and personal injury dam-
ages received in a car accident
as the result of a City operated
motor vehicle being driven at ex-
cessive speed on December 16,
1975, said accident occurred at
Grandview & Clarke intersection,
presented and read. Mayor Lundh
moved that the Notice of Claim be
referred to the City Solicitor for
proper proceedings. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Notice of Suit of Dolores Schul-
ler in the amount of $11,174.32, for
personal injuries received as the
result of a fall at the southwest
corner of 21st & White Street on
July 1, 1975, presented and read.
Mayor Lundh moved that the Not-
ice of Suit be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
December 22, 1975
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on amendments to
Ordinance No. 32-75. The amend-
ments as contained in the attached
Ordinances propose to 1) to re-
duce the fee for Application of
Variance from $25.00 to $5.00 and
2) to include cemeteries, mauso-
leums, columbariums, and chapels
as Conditional Uses in all Residen-
tial Districts and in the Institu-
tional District.
The Planning and Zoning Com-
mission has determined that the
amendments as proposed are ap.
propriate and hereby recommend
their adoption.
CITY PLANNING AND
ZONING COMMISSION
Daniel Diltemore
Development Planner
Mayor Lundh moved that the
communication be received and fil-
ed. Seconded by Councilman Stack -
is. Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
AN ORDINANCE amending and
changing Ordinance No. 32-75
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa" by repealing Sub-
section 6 of Section 10-101 of Arti-
cle X thereof and enacting a new
Subsection 6 of Section 10-101 of
Article X in lieu thereof to pro-
vide a change of fees from $25.00
to $5.00 for application for vari-
ance in said fee table, present-
ed and read. Councilman Stackis
moved that the reading just had
be considered the first reading of
the Ordinance. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully.
Nays --Councilmen Brady, Wertz-
berger.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully.
Nays ---Councilmen Brady, Wertz-
berger.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on January 26, 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 hearing in
the manner required by law. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully.
Nays—Councilmen Brady, Wertz.
berger.
Regular Session, January 5, 1976
AN ORDINANCE amending and
changing Ordinance No. 32-75
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sec-
tion 4-102.4 of Article IV thereof
and by enacting a new Section 4-
102.4 of Article IV in lieu therof
and by adding a new Subsection
(4) to Section 4-118.5 of Article IV
to provide for the inclusion of
cemeteries, mausoleums, colum-
bariums and chapels as conditional
uses in each of said respective
sections, presented and read. Coun-
cilman Stackis moved that the
reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Lundh. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet -
Ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on January 26, 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 hearing in
the manner required by law. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Petition of John Zurcher of 2640
Marquette Place requesting vaca-
tion of the alley abutting his prop-
erty approximately 100 feet, pre-
sented and read. Mayor Lundh
moved that the petition be refer-
red to the City Manager and Staff.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 4.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
A
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
William and Darlene Allendorf,
Iowa Inn, 125 West 9th Street
Gary J. Hanson, The Market Pub,
1322 Central Avenue
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 5.76
WHEREAS, applications for Liq-
uor 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 com-
pliance with the provisions of
Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS ,C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Donald Kies, The Golden Pheasant,
2620 University Ave.
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
6 Regular Session, January 5, 1976
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 6-76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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 it
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Donald Kies, The Golden Pheasant,
2620 University Ave.
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None,
Councilman Tully moved that a
Work Session be held for the
Council on January 7, 1975, at 7:30
o'clock P.M. in the Council Cham-
ber to discuss proper Council pro-
cedures. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
There being no further business,
Mayor Lundh moved to adjourn.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Leo F. Frommelt,
City Clerk
Approved May 10, 1976
Adopted May 10, 1976
Special Session, January 12, 1976
CITY COUNCIL
OFFICIAL
Special Session, January 12, 1976
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully, Wertz-
berger.
City Manager Gilbert D. Chaven-
el le.
Invocation was given by Mayor
Lundh as furnished by Rev. A. W.
Sigwarth, pastor of St. Mary's Cath-
olic Church.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of ACT-
ING UPON SUCH BUSINESS AS
MAY PROPERLY COME BEFORE
THE MEETING.
Mayor Lundh proclaimed the
week of January 12 to 16, 1976 as
"Chamber of Commerce Week" in
response to a request by President
Bruce Meriwether of the Chamber
of Commerce.
Communication of Iowa Depart-
ment of Environmental Quality re-
questing the allocation of time by
a member of their air quality staff
to address the Council in late
January or early February relative
to a recently completed air pollu-
tion monitoring study of leaf burn-
ing, presented and read. Council-
man Stackis moved that the com-
munication be received and filed
and a member of the IDEQ staff be
invited to attend the Council meet-
ing of February 2, 1976. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Citizens Ad-
visory Commission recommending
that the Council not adopt any new
Ordinance pertaining to guns or
gun control and urge instead that
the existing laws be strictly en-
forced, presented and read.
Councilman Brady moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays — None.
Police Chief O'Brien recommend-
ed further consideration as to gun
control and the idea of stronger
enforcement needs a second look.
Don Deich spoke on gun control.
Larry Stockel suggested to get in
touch with the Federal Alcohol &
Tax Division for proper informa-
tion and obtain a copy of Federal
Arms License issued in this Coun-
ty. Councilman Stackis moved that
the communication of the Advisory
Commission be received and filed
and referred to the Police Chief,
City Solicitor and City Manager.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Dock Commis-
sion submitting minutes of their
meeting of December 10, 1975, pre-
sented and read. Councilman Stack -
is moved that the minutes be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Human Rights
Commission submitting minutes of
their meeting of December 23,
1975, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Chrysler Corp-
oration addressed to Councilman
Stackis, relative to Dial -A -Ride
transportation concept, submitting
a sample of operating cost and rev-
enue data, presented and read.
Councilman Stackis moved that the
communication be received and fil-
ed Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None,
Special Session, January 12, 1976
Communication of Edgar M.
Dempsey showing concern of the
State imposed mandatory 21% in-
crease in City property valuations,
and all in the City that have a
hand in the formulation of the
budget do not consider the higher
valuations a windfall, presented
and read. Edgar M. Dempsey spoke
to Council and indicated the in-
crease calls for 2 millage rates; one
for residential and one for com-
mercial.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Art Pape
Transfer Inc. indicating a prob-
lem being experienced relative to
oversize or overweight vehicles as
it relates to our Ordinance No. 50-
74 presently in effect, presented
and read. Mayor Lundh moved that
the communication be referred to
the Traffic Department and City
Attorney. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Dubuque Tran-
sit Trustee Board submitting min-
utes of their meeting of December
16, 1975, presented and read. Coun-
cilman Wertzberger moved that the
minutes be reecived and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Iowa Depart-
ment of Environmental Quality ap-
proving water main extension in
Blocks 16 and 17 in Mettel-Byrne
Addn., presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed,
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmer
Brady, Stackis, Tully, Wertzberger
Nays—None.
Communication of Dubuque Jay
tees requesting to address the
Council to furnish an up-to-date
report on the progress of the
Washington Park Restoration Proj-
ect; also to present to the Council
an endorsement plaque received
from the Iowa Bicentennial Com-
mission, presented and read. Jay.
cees President, Mike Murwin, in-
formed the Council that the Wash-
ington Park Project has been des-
ignated as an official Bicentennial
Project in the State of Iowa and
presented the Plaque to the Mayor.
Randy Nigg indicated that dur-
ing the recent fund drive the re-
sponse was good; received $24,000
in cash plus check from Bicenten-
nial Commission and pledges; and
dedication ceremony is planned
for June or July. Russel Neuwoeh-
ner advised the Jaycees are going
ahead with plans for City Park and
the time capsule construction is
planned to begin within 45 to 60
days.
Councilman Stackis moved that
the communication of Dubuque
Jaycees be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
December 23, 1975
Honorable Mayor
and City Council
I am returning to you a petition
for a street light on Davis Avenue
and also the petition of Mr. and
Mrs. Bisanz opposing the proposal.
The electrical inspector has re-
viewed the proposal and has con-
tacted the petitioners. He has as-
sured Mrs. Earl Bisanz that the
street light would not be located
on poles existing on their property
line.
It is recommended that a 4000
lumen incandescent light be in-
stalled on an existing wood pole
located on the property line be-
tween 950 and 960 Davis Avenue.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the recommendation be approved.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Special Session, January 12, 1976 9
January 6, 1976
Honoranie mayor
and City Council
At your meeting of October 7th
a notice was presented by the Du-
buque Disposal Company indicat-
ing that the company would exer-
cise their option to renew the
lease on the municipal garage
building at 14th and Elm Streets
for a period of one year.
After a discussion of the possi-
bility of including an escalator
clause in the lease, the matter was
referred to the city manager to be
reviewed by the city solicitor. The
city solicitor has advised that he
has examined the lease agreement
and that it is his opinion that the
lease cannot be changed prior to
the option to renew the lease.
I will, therefore, proceed with
the understanding that the exten-
sion has been granted without
changing the terms of the lease.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication he received and
filed and lease approved. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 7, 1976
Honorable Mayor
and City Council
I am returning to you the peti-
tion of Mrs. Dorothy Haigh and
others requesting the installation
of two stop signs at the southwest
corner and northeast corner of
15th and Maple.
Fifteenth Street is presently a
stop street for traffic entering
from Maple. The requested stop
signs would make the intersection
a four-way stop.
The proposal was considered by
the traffic committee and it is
recommended that the petition be
denied.
In support of the recommenda-
tion I submit a copy of a letter
from Chief O'Brien signed by Cap-
tain Jenaman.
I have also forwarded a copy
of the letter to Mrs. Haigh.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed and recommenda-
tion of denial be approved. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
January 5, 1976
Hoonrable Mayor and
City Councilmen
On November 6, 1975, Terry
Stimson of 495 Loras, filed claim
against the City of Dubuque, Iowa
in the amount of $75.00, claiming
damages for broken eye glasses
suffered on November 5, 1975, at
the 18th street stairs, as a result
of tripping on the weeds growing
thereon.
This matter was referred to the
appropriate City Agency who has
made an investigation of said mat-
ter and has made a written re-
port to the City Attorney that
said matter has been amicably set-
tled. In view of the foregoing, it
is the recommendation of the City
Attorney that the claim of Terry
Stimson be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Tully moved that
the recommendation of denial be
approved. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 5, 1976
Honorable Mayor and
City Councilmen
On July 29, 1975, judgment was
entered against the City of Du-
buque, Iowa in the case of Janet
K. Metelak, vs the City of Du-
buque, Iowa, Law No. 40058.
Accordingly, judgment was en-
tered for the sum of $3000.00 dated
the 29th day of July, 1975 together
with Court costs and together with
interest at 7% per annum from
July 28, 1975.
The other aspect of said litiga-
tion represents a Cross -Petition by
the City of Dubuque against the
abutting property owner which re-
mains to be tried and in the event
of a successful conclusion of that
case, then, of course, the judg-
10 Special Session, January 12, 1976
ment would be satisfied by the
abutting property owner.
Accordingly, it is respectfully
suggested that the appropriate bud-
getary provisions be made for the
payment and satisfaction of such
judgment.
R. N. Russo
City Attorney
Councilman Stackis moved that
the recommendation be approved.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 5, 1976
Honorable Mayor and
City Councilmen
On the 2nd day of October, 1974,
Richard V. Hansel, Rosanne F.
Tone, Jan V. Seipp, and Vilas A.
Seipp, commenced an action against
the City of Dubuque, Iowa, in the
District Court of Dubuque County,
Iowa, seeking to have Ordinance
No. 66-70 declared unconstitutional
and to have certain liens which
were assessed against plaintiff's
property, pursuant to the ordi-
nance, declared invalid and re-
leased of record.
Said matter was defended by
the City Attorney's office and in
accordance with the defenses in-
terposed, the plaintiffs made an
offer of compromise settlement
and payment of $400.00 to the de-
fendant, City of Dubuque, on con-
dition that the liens assessed
against their property would be
released of record and the action
dismissed.
It is the recommendation of the
City Attorney's office that said set-
tlement be approved and that the
Finance Director of the City of
Dubuque, Iowa be directed to sat.
isfy said liens for the remaining
unpaid portion on file in the of.
fice of the Recorder in and for
Dubuque County, Iowa.
It is the recommendation of the
City Attorney's office that said
Ordinance be reviewed in the light
of existing experience with a view
to pronouncing the coverages of
said ordinance with a greater de-
gree of certainty.
Enclosed herewith is check no.
1959, dated September 27, 1975,
payable to the City of Dubuque In
the amount of $400.00, and also en.
closed is a copy of Original Notice
with Petition attached in said mat.
ter.
R. N. Russo
City Attorney
Councilman Brady moved that
the Ordinance be referred to the
City Solicitor and deny receipt of
$400.00. MOTION DIED FOR LACK
OF SECOND.
Councilman Stackis moved that
the recommendation of settlement
be approved and directed City So-
licitor to come back with an
amended Ordinance. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Notice of Claim of Michael Lee
Humphries, in the amount of
$45.02, for car damage incurred as
the result of driving over a pro-
truding pipe on Roosevelt Street
on December 24, 1975, presented
and read. Mayor Lundh moved
that the Notice of Claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Teleprompter,
addressed to the City Attorney, re-
questing permission to transfer the
Community Antenna Television
permit for Dubuque to Telepromp-
ter Corporation, a New York Cor-
poration, presented and read. Coun-
cilman Wertzberger moved that
the communication be received
and filed and referred to the City
Manager, TV Cable Commission
and City Attorney. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE granting per-
mission to transfer the Commun-
ity Antenna Television permit for
Dubuque, Iowa, to Teleprompter
Corporation, a New York Corpora-
tion, presented and read. Council-
man Wertzberger moved that the
Ordinance be received and filed
and referred to the City Manager,
Special Session, January 12, 1976 11
TV Cable Commission and City At-
torney. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Washington Neigh-
borhood Council requesting the
Council and Rehabilitation Commis-
sion to advertise their functions,
services and guide lines thru the
news media and further requesting
solicitation from the City at large
rather than select a specific block
in the neighborhood, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed and referred to
the Rehabilitation Commission for
investigation and report; also to
City Staff for report. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of American Legion
Auxiliary requesting permission to
sell poppies on May 15, 1976, pre-
sented and read. Councilman Stack -
is moved that the request be ap-
proved and referred to the City
Manager for implementation. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Tom Schumacher et
al (97 signers) objecting to the ex-
tension of Highway #E52 from its
present location at 21st St. to the
proposed 24th & White Street In-
tersection, presented and read.
Don Deich, Martin Westerfield,
Dick Alberts, Larry Stockel, Bob
Beecher, Betty Beecher and Joe
Mond addressed the Council rela-
tive to the petition. Richard J.
Kieffer stated stop lights are
needed at the 22nd & White Street
Intersection. Mayor Lundh moved
that the petition be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
J
Honorable Mayor January 9, 1976
and City Council
The enclosed narrative relative
to the extension of the one-way
couple of Central Avenue and
White Streets directs itself toward
the specific purposes of the pro-
posal and how it would benefit
traffic flow in the area.
I believe that the development
of the couple system is the best
and most practical solution to the
present congestion at the intersec-
tion.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of First National
Bank objecting to the proposed ex-
tension of White Street between
21st and 24th Streets, presented
and read. J. Bruce Meriwether,
Executive Vice President and
Cashier of 1st National Bank, ad-
dressed the Council relative to the
communication. Councilman Brady
moved that the communication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Councilman Brady moved that
the Federal Aid To Urban Systems
Department (F.A.U.S.) Funds for
the one-way couple of Central Ave.
& White Street Project be scraped
and City Engineer be encouraged
to investigate other solutions to
the problem at 22nd Street &
Central Ave. and further instruct.
ed to develop alternative use for
F.A.U.S. Funds. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas—Councilmen Brady, Stack -
is, Wertzberger.
Nays—Mayor Lundh, Council-
man Tully.
RESOLUTION NO. 7.76
WHEREAS, Harry A. Blewett
and Margaret J. Blewett, husband
and wife, have petitioned the City
of Dubuque, Iowa for a release of
12 Special Session, January 12, 1976
a 2.5 foot wide easement in Lot
12 of Block 2 Sunset Park Subdivi.
sion No. 3 in the City of Dubuque,
Iowa in exchange for a 2.5 foot
wide perpetual easement for side-
walk purposes in Lot 21 in Block
2 in Sunset Park Subdivision No.
3 in the City of Dubuque, Iowa as
shown on the attached plats; and
WHEREAS, the City Council has
determined it to be in the best
interests of the City of Dubuque
that said exchange be made and
that said conveyance to Harry A.
Blewett and Margaret J. Blewett,
husband and wife, for said ex.
change be made for the sum of
$1.00 to be paid by grantees and
the costs of publication.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of the City of Dubuque,
Iowa to Harry A. Blewett and Mar-
garet J. Blewett, husband and
wife, of a 2.5 foot wide easement
in Lot 12 in Block 2 in Sunset
Park Subdivision No. 3 in the City
of Dubuque, Iowa and conveyance
thereof to said grantees in ex-
change for a 2.5 foot wide perpet-
ual easement for sidewalk pur-
poses in Lot 21 in Block 2 in Sun-
set Park Subdivision No. 3 in the
City of Dubuque, Iowa and pay-
ment of the sum of $1.00 and
costs of publication by said gran-
tees and that no abstract of title
will be furnished, be and the same
is hereby approved.
Section 2. That the City Clerk
be and he is hereby directed to
publish notice of intent to dis-
pose of interest in real estate as
Provided by law.
Passed, approved and adopted
this 12th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption
of the resolution and a public
hearing be held on the Resolution
on February 2, 1976, at 7:30
o'clock P.M. in the Council Cham•
ber at the City Ball and City Clerk
instructed to publish notice of the
hearing in the manner required by
law. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 8-76
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 "C" BEER PERMIT
John J. Heiderscheit, Johnnie's
Market, 1278 Central Avenue
Passed, adopted and approved
this 12th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 9.76
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
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds:
Special Session, January 12, 1976 13
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
John J. Heiderscheit, Johnnie's
Market, 1278 Central Avenue
Passed, adopted and approved
this 12th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 10-76
WHEREAS, the concept has
been advanced to reenact the Jean
Marie Cardinal canoe ride from
Dubuque to St. Louis as a memor-
ial event and celebration of the
Bicentennial date of the birth of
this nation; and
WHEREAS, interested individu-
als, groups, and governmental de-
partments have displayed a marked
interest in this proposed event;
and
WHEREAS, the City Council,
City of Dubuque, Iowa, deems it
in the public interest and in the
spirit of the celebration of the
Bicentennial Year, that the Jean
Marie Cardinal Canoe Ride be
brought about, and that the City
Council of the City of Dubuque,
Iowa, endorse such concept and ap-
prove the same.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the proposed
Jean Marie Cardinal Memorial Ca-
noe Ride from Dubuque, Iowa to
St. Louis, Missouri be and the
same is hereby endorsed and ap.
proved.
Section 2. That the City Coun-
cil, City of Dubuque, Iowa does
hereby urge each and every in-
habitant of this community to lend
his best efforts toward the reali-
zation and affectuation of such Me-
morial Canoe Ride, in celebration
of the bicentennial date of this
Nation's birth.
Passed, approved and adopted
this 12th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
At 10:45 P.M. Mayor Lundh
moved to go into Executive Ses-
sion to discuss appointments to
various Boards and Commissions.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
Council Reconvened in Regular
Session at 10:56 P.M.
The following appointments
were made: Donald R. Meyers to
the Community Development Com-
mission representing Labor Rank
& File, term expiring 12-8-76; Jo-
Ann Reynolds to the Human Rights
Commission replacing Thomas A.
Tully, Jr., term expiring 1-1-78;
and to the Advisory Commission,
Al Schockemoehl, Lynn Beau-
champ and Robert Chapman. Coun.
cilman Brady moved ratification
of the appointments. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
14 Special Session, January 12, 1976
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved May 10 1976
Adopted May 10 1976
Special Session, January 26, 1976 15
CITY COUNCIL
OFFICIAL
Special Session, January 26, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
DUCTING A PUBLIC HEARING
ON VARIOUS ZONING CHANGES
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
Mayor Lundh read and signed a
proclamation declaring the week
of February 1, 1976, as "National
Children's Dental Health Week" in
Dubuque, Iowa.
Presentation of First Painting in
Artists and Residence by the Bi-
centennial Commission, was pre-
sented by Frank Lieciardi and
hung in the Council Chamber. The
painting is entitled "New Begin-
ning" and is the first in a series
of seven paintings, "Citizens and
the Flag" which are being com-
missioned by our Bicentennial by
Dubuque '76 Inc.
Communication of AFL CIO
Community Services Committee,
addressed to Dubuque Transit Au-
thority, expressing appreciation
for cooperation given in meetings
involving a reduced fare for un-
employed riding Keyline buses,
presented and read. Councilman
Brady moved that the communica-
tion be received and filed and re-
ferred to the Transit Authority
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Peoples Nat-
ural Gas advising of a rate reduc-
tion of 3.518 per thousand cubic
feet to all residential and small
volume firm customers, also a re-
duction of 2.14¢ per thousand cu-
bic feet for rural customers; in-
crease of 3.94¢ per thousand cubic
feet to be made to all small vol-
ume interruptible customers effec-
tive January 19, 1976 billings, pre.
sented and read. Councilman Stack.
is moved that the communication
be received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Lynn J. &
Mary Jo Beauchamp requesting
recognition of their rights in the
matter of removing a fence from
the city alley behind 1010 Althau.
ser, contrary to recommendation
submitted at the Council meeting
of November 24, 1975, presented
and read. Councilman Stackis
moved that the communication be
received and filed and referred to
the City Manager for proper pro.
ceedings. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Communication of Community
Development Commission submit-
ting minutes of their organizational
meeting held on December 30,
1975, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque Air-
port Commission submitting min-
utes of their meeting of January 8,
1976, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Playground &
Recreation Commission submitting
minutes of their meetings of De-
cember 8th and 18th, 1975 and
January 19, 1976, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
16 Special Session, January 26, 1976
Communication of Xavier Hos.
pital indicating concern of the con-
dition of streets leading to the
Hospital, namely Peru Road, Wind-
sor Ave. and 32nd Streets, pre-
sented and read. Councilman
Stackis moved that the communi-
cation be received and filed. Sec-
onded by Councilman Wertzber-
ger. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Wayne A. Mol-
denhauer submitting a communi.
cation from Senator John Culver
relative to promoting programs of
Historic Preservation and enlisting
Mr. Moldenhauer in the field, pre-
sented and read. Councilman
Stackis moved that the communica-
tion be received and filed and re-
ferred to the Historic Preservation
Committee. Seconded by Council.
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Human Rights
Commission submitting minutes of
their meeting of January 8, 1976,
presented and read. Councilman
Stackis 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 Hempstead
Senior High School Springwind
Committee inviting the members
of the Council to attend and par.
ticipate in Springwind on April 28,
1976, presented and read. Council.
man Brady moved that the com-
munication be received and filed
and Mayor Lundh appointed Coun.
cilman Brady to serve. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Recreation
Commission submitting an issue
entitled "Funding for Community
Summer Orchestra," presented and
read.
Councilman Stackis moved to
suspend the rules to let anyone
)resent address the Council if
hey so desire. Seconded by Mayor
: undh. Carried by the following
rote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertaberger,
Nays—None.
Terry Trueblood, Recreation Di-
rector, and JoAnn Smith spoke to
the Council stating $6000.00 not
needed for program; maybe in con-
rlict with Dubuque Symphony,
however, would like to continue
the Program.
Councilman Brady moved to
adopt Option "C" of the issue as
presented by the Commissioner of
Recreation Commission and the
matter referred back to the Bud-
get Committee of the Recreation
Commission. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis.
Nays—Councilmen Tully, Wertz-
berger.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit No.
76-260.5 for sanitary sewer exten-
sion in Mettel-Byrne Addition,
Blocks 16 and 17, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 20, 1976
Honorable Mayor and
Members of the City Council
Please be advised that I have
approved a Sidewalk Construction
bond continuation certificate is-
sued to Gilbert Roling, Bond No.
5.729511, effective from 1-18-76 to
1-18-77 by Northwestern National
Insurance Company, and desire to
have your approval of some.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed and approved. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, January 26, 1976 17
Printed Council Proceedings for
the month of October, 1975, pre-
sented for approval. Councilman
Stackis moved that the Council
Proceedings be approved as print-
ed. Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 22, 1976
Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, Finance Di-
rector, Water Superintendent,
Heatlh Department, as well as a
list of claims paid, for the month
of December 1975.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and Disbursements, also
list of claims for month of Decem-
ber, 1975, presented and read.
Councilman Stackis moved that
the proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 23, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held a
Public hearing on the petition of
the First Baptist Church request-
ing reclassification from the R-2
Residential District to the OR -1
Office -Residence District on prop-
erty located at 3061 Asbury Road.
A petition bearing 492 signa-
tures opposing the reclassification
was received at the public hear-
ing. In addition, several letters of
opposition were also received.
These items are herewith trans-
mitted for your review.
Representatives of the First Bap-
tist Church were present to ex-
press their interest in the OR4
reclassification. Several other per.
sons who spoke in favor of the
request did so in regard to Sev-
enth Step Foundation's proposal to
occupy the subject property. Com-
mission members expressed sym-
pathy with the aims of the Seventh
Step Foundation but were aware
that their obligation was to con-
sider the implication of the OR -1
District and of the range and in-
tensity of use that would be made
lawful in the reclassification. The
Commission has also considered the
long history of zoning deliberations
in that vicinity and the precedents
that have been established in those
earlier cases. The impact of the
Proposed reclassification was con-
sidered not only upon the subject
property, but was also considered
the same OR -1 District as might
later apply to other vacant prop-
erties in the general vicinity.
In considering the broader im-
plications of the proposed OR -1
classification, the Planning and
Zoning Commission has deter-
mined that the expansion of that
district is not appropriate to the
Asbury Road -Judson Drive vicinity.
It is the unanimous opinion of the
Planning and Zoning Commission
that the petition of the First Bap-
tist Church should be denied.
You should note that the mo-
tion recommending denial of the
petition also contained the Com-
mission's endorsement of the Sev-
enth Step Foundation Program and
the request that the City assist
in finding a suitable location for
their facility. This motion also
carried unanimously.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received and
filed and recommendation of de-
nial be approved. Seconded by Ma-
yor Lundh. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
January 23, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition of
Mr. Cyril Boge requesting a re-
18 Special Session, January 26, 1976
classification from R-2 District to
R-3 District on his property at 2349
and 2365 University Avenue. The
property is legally described at Lot
1 of Lot 2 of Lot 222 and Lot 223
in "Finley's Addition in the City
of Dubuque, Iowa."
At the hearing, a petition was
received noting the objection of 14
property owners from within the
block surrounding Mr. Boge's prop-
erty. In addition, several property
owners and their legal counsel
were present to state opposition to
the proposed reclassification.
The Commission has considered
the type of development that
would result from the proposed
reclassification, and had deter-
mined that such development
would have an unfavorable impact
on adjacent residential properties.
It is the opinion of the Planning
and Zoning Commission that the
R-3 Residential District is not an
appropriate classification for the
subject property at this time.
It is the unanimous recommen-
dation of the Planning and Zoning
Commission that Mr. Boge's peti-
tion be denied.
CITY OF DUBUQUE
PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed and recommendation of
denial be approved. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Low -Rent
Housing Commission submitting
minutes of their meeting of Jan-
uary 20, 1976, presented and read.
Councilman Stackis 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 &
Zoning Commission submitting
minutes of their meeting of Jan-
uary 21, 1976, presented and read.
Councilman Stackis 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 Dock Commis-
sion submitting minutes of their
meeting of January 14, 1976, pre.
sented and read. Councilman Stack -
is moved that the minutes be re.
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Tully took issue
with the Dock Commission min-
utes relative to their ultimation
issued to the City Engineer. Dock
Commissioner Wayne Moldenhauer
responded relative to ultimatum to
City Staff with relation to Mihala-
kis matter as appeared in Dock
Commission minutes. Dock Com-
missioner Wm. McEhilliney also
spoke to the issue, and City En-
gineer John White responded.
Councilman Stackis moved to re-
fer Mihalakis situation back to
staff and come back with a recom-
mendation as to the use of the
land. MOTION DIED FOR LACK
OF A SECOND. Councilman Brady
moved that a communication be
forwarded to the Dock Commission
to proceed as they see necessary
and the City Engineer be instruct-
ed to proceed and answer to the
Council regarding City potential
use of the land and harbor facil.
ities. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas --Councilmen Brady, Tully,
Wertzberger.
Nays—Mayor Lundh, Council-
man Stackis.
Communication of Dubuque
Dock Commission advising that
they have considered the building
plans for improvement submitted
to them by the Sun Oil Co. and
recommending that same be Con-
sidered by the Council as soon as
possible, presented and read. Ms-
yor Lundh moved that the Coln'
munication be received and filed
Special Session, January 26, 1976 19
and referred to City Manager and
Staff for proper proceedings. Sec-
onded by Councilman Tully. Car.
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Sun Oil Com-
pany advising of Bulk Plant Im-
provements at 400 East 3rd Street
and as result of the survey have
found that a portion of the ware-
house is on City property and re-
questing vacation, presented and
read. Mayor Lundh moved that
the communication be received and
filed and referred to City Manager
and Staff for proper proceedings.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque
Transit Trustee Board submitting
the minutes of their meeting of
January 8, 1976, presented and
read. Councilman Tully moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of KDTH advis-
ing of arrangements being made
with the Dubuque Packers Base.
ball team to sponsor a free admis.
sion ballgame on July 4th and re-
questing Council permission to
conduct a fireworks display at Pe-
trakis Park after the game, pre-
sented and read. Councilman Stack.
is moved that the communication
be received and filed and approved
and referred to the City Manager
for implementation. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of H. F. Rey-
nolds, Attorney for Arenz Shoe
Company, requesting conclusion of
a claim involving moving expenses
incurred at the time the business
changed locations in early 1970 as
part of the Urban Renewal Pro-
gram, presented and read. Council-
man Stackis moved that the com-
munication be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Notice of Claim of Leonard G.
Guler, in the amount of $1.28,
for expense incurred in the clean-
ing of his coat which was covered
with paint on December 12, 1975
during a painting job at one of the
city owned ramps, presented and
read. Councilman Stackis moved
that the Notice of Claim be refer-
red to the City Solicitor for investi-
gation and report. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger,
ertzberger.
Nays — None.
Notice of Claim of Tina Richard-
son, in an undetermined amount,
for injuries received while riding
on a Keyline Bus on December 6,
1975, as the result of a collision
at the intersection of 5th & Locust
St., presented and read. Council-
man Stackis moved that the Notice
of Claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Notice of Claim of Hartford A:-
cident & Indemnity Co., subrogee
as Workmen's Compensation, Car-
rier for Kirchoff Distributing Co.
being obligated to pay workmen's
compensation on behalf of Robert
D. Wagner as an employee who
sustained injuries on January 12,
1976 at 431 Rhomberg Ave., pre.
sented and read. Councilman Stack -
is moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
ertzberger.
Nays — None.
21 Special Session, January 26, 1976
Communication of Hartford In-
surance serving notice to recover
damages
$3,875.00 for property
done in a traffic accident of Ravis
Parker at 16th & Elm Sts, on De-
cember 16, 1975 alleging operation
of patrol car in a negligent man-
ner, also denial of city claim in
the same accident for car damage
in the amount of $725.14, presented
and read. Councilman Stackis mov-
ed that the communication be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mavor Lundh, Council-
men
Brady, Stackis, Tully, -
berger.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to amend Zoning Ord-
inance No. 32-75 to provide for
the inclusion of cemeteries, mau-
soleums, columbarians and chapels
as conditional uses, presented and
read. No written objections were
filed at the time set for the hear-
ing, Attorney Mike Meloy repre-
senting Mt. Calvary Cemetery ob-
jected to the wording of the Ord-
inance as presented and written.
Councilman Stackis moved that the
proof of publication be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
AN ORDINANCE amending and
changing Ordinance No. 32.75
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa" by repealing Section
4-102.4 of Article IV thereof and
by enacting a new Section 4-102.4
of Article IV in lieu thereof and by
adding a new Subsection (4) to
Section 4-118.5 of Article IV to
provide for the inclusion of ceme.
teries, mausoleums, columbariuml
and chapels as conditional uses in
each of said respective section
said Ordinance having been prey
viously presented and read at thl
Council Meeting of January 5, 1976
presented for final adoption. Coun
cilman Stackis moved that. the Ord
inance be referred back to the Citi
Planner. Seconded by Council
nan Brady. Carried by the follow.
ng vote:
Yeas — Mayor Lundh, Council.
nen Brady, Stackis, Tully, Wertz.
ierger.
Nays — None.
Prof of Publication, certified to
3y the Publisher of Notice of
?ublie Hearing to amend Zon.
ing Ordinance No. 32-75 to provide
a change of fees from $25.00 to
55.00 for application for variance
in said fee table, presented and
read. No written objections were
filed at the time set for the hear-
ing. Councilman Stackis moved
that the proof of publication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
ORDINANCE NO. 1.76
An Ordinance Amending and
changing Ordinance No. 32.15
known as the "Zoning Ordinan-
ce and Zoning Map of the City of
Dubuque, Iowa" by repealing
Subsection 6 of Section 10.101 of
Article X thereof and enacting
a new Subsection 6 of Section 1Q
101 of Article X in lieu thereof
to provide a change of Fees
from $25.00 to $5.00 for applica-
tion for variance in said Fee
Table,
said Ordinance having been pre-
viously presented and read at the
Council meeting of January 5,
1976, presented for final adoption.
ORDINANCE NO. 1-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-
73 KNOWN AS THE "ZONING OR.
DINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA"
BY REPEALING SUBSECTION 6 OF
SECTION 10-101 OF ARTICLE X
THEREOF AND ENACTING A NEW
SUBSECTION 6 OF SECTION 10.101
OF ARTICLE X IN LIEU THEREOF
TO PROVIDE A CHANGE OF FEES
FROM $2s.00 TO $5.0o FOR APPLI-
CATION FOR VARIANCE IN SAID
FEF. TABLE
NOW THEREFORE BE IT ORDAIN,
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That the "Zoning Ordi-
nance and Zoning Map of the City d
Dubuque, Iowa" be and the sane a
hereby amended by repealing Subsection 6
Special Session, January 26, 1976 21
of Section 10-101 of Article X thereof
and enacting a new Subsection 6 of Sec-
tion 10-101 of Article X in lieu thereof
as follows:
"ARTICLE X.
Section 10-101 SCHEDULE OF FEES
6. Application for Variance $5.00"
Passed, approved and adopted this 26th
day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommel:
City Clerk
Published officially in the Telegraph
Herald Newspaper this 29th day of Jan-
uary 1976.
Leo F. Frommelt
City Clerk
It 1/29
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully.
Nays—Councilmen Brady, Wertz-
berger.
January 23, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held
a public hearing to consider C-3
Arterial Business Commercial Dis-
trict classification on territory re-
cently annexed to the City of Du-
buque, Iowa. The property is com-
monly known as the Dave Powers
Ford, Inc. property and is legally
described as follows:
"Lot 2 of Lot 1 of Dubuque
Homes Center Grove Place; and
Lot 2 in Dubuque Center Grove
Place No. 2; and Lot 2 of Lot 1
in Dubuque Homes Center Grove
Place No. 2, all in Section 28,
Township 89 North, Range 2 East
of the 5th Principal Meridian,
Dubuque Township, Dubuque
County, Iowa, consisting of 5.029
more or less; and all of that part
Of the right-of-way of U.S. Pri-
mary Highway 20 in the North
% of the Southeast 1/4 of Section
28, Township 89 North, Range 2
East of the 5th Principal Merid-
ian, Dubuque Township, Dubu-
que County, Iowa, from Station
2363 + 17.4 westerly to Station
1247 + 38, as shown upon the
official highway record, ca. 1949,
and consisting of 16.182 acres."
The Commission has determined
that the C-3 Arterial Business
Commercial District is the approp-
riate zoning classification for this
property and recommends your
favorable consideration of the at-
tached Ordinance.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa", which amendment
shall zone and classify territory
recently annexed to the City of
Dubuque, Iowa, in Dubuque Homes
Center Grove Place, in a C-3 Arter-
ial Business Commercial District,
(Dave Powers Ford Inc, property),
presented and read. Councilman
Stackis moved that the reading just
had be considered the first read-
ing of the Ordinance. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays — None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on February 16, 1976,
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
22 Special Session, January 26, 1976
manner required by law. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Petition of Muscular Dystrophy
Ass'n, requesting permission to
conduct a Mother's March on Sun.
day, February 8, 1976, presented
and read. Councilman Stackis mov.
ed that the petition be approved
and referred to the City Manager
for implementation. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Petition of Jack C. Jones Exca-
vating requesting permission to ex-
cavate at 637 Dodge to shut off
water service, presented and read.
Councilman Wertzberger moved
that the request be approved. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Petition of C. Clark requesting
refund of $25.00 variance fee paid
for the building at 2119 Rhomberg
Ave., and not used, presented and
read. Councilman Stackis moved
that the refund be granted and
City Auditor directed to issue prop-
er warrant. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Petition of Northeast Iowa Chap-
ter of March of Dimes requesting
permission to conduct their annual
Walk -A -Than on April 3, 1976,
presented and read. Councilman
Stackis moved that the petition be
approved and referred to the City
Manager for implementation. Sec,
onded by Councilman Tully. Car,
ried by the following vote:
Yeas — Mayor Lundh, Council
men Brady, Stackis, Tully, Wertz
berger.
Nays — None,
Petition of Colt .45 Drum do
3ugle Corps requesting permission
:o have a representative present
A -hen the Council conducts the
,vorkshop in conjunction with the
^ommunity Development Program,
presented and read. Robert Bue.
low, representative of Colt .45,
spoke to the Council stating they
are not included in Community De-
velopment; 600 to 700 people have
gone thru their organization; Been
in existence for 13 years; Meet re-
quirements in low income areas
and help moderate and low income
families through their organiza-
tion. Councilman Stackis moved
that the petition of Colt .45 be re-
ferred to Mr. Gent Wittenberg and
he be directed to seek written
opinion from the Federal author-
ities as to the possible inclusion
of other organizations and activ-
ities. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert&
berger.
Nays — None.
January 16, 1976
Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque Water Works
Modernization has been substan-
tially completed in accordance with
the City of Dubuque plans and
specifications.
I, therefore, recommend the ac-
ceptance of the above named proj-
ect.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
FINAL ESTIMATE
RESOLUTION NO. 11.76
WHEREAS, the contract for the
City of Dubuque Water Works
Modernization has been completed
and the City Engineer has submit-
ted his final estimate showing
cost thereof including the cost of
estimates, notices, inspection, and
Special Session, January 26, 1976 23
preparing the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$558,200.18.
That $0 of the cost thereof shall
be assessable upon private prop-
erty and $558,200.18 shall be paid
from the Water Dept. Const. X85
Fund of the City of Dubuque.
Passed, adopted and approved
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
(A Resolution Accepting Improve-
ment)
RESOLUTION NO. 12-76
WHEREAS, the contract for the
City of Dubuque Water Works
Modernization has been completed
and the City Manager has examin-
ed the work and filed his certifi-
cate stating that the same has been
completed according to the terms
of the contract, plans and specifi-
cations and recommends its accep-
tance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Water Dept.
Const. Fund #85 in amount equal
to the amount of his contract, less
any retained percentage provided
for therein.
Passed, adopted and approved
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 13.76
Redesignation of the Low -Rent
Housing Commission as the Hous-
ing Commission of the City of
Dubuque
WHEREAS, pursuant to Resolu-
tion No. 244-70 adopted the 17th
day of August, 1970, the City of
Dubuque elected to have its
municipal housing powers as de-
fined in Chapter 403A of the Code
of Iowa, as amended, exercised by
its City Council and by said City
Council through a Board of Com-
missioners; and
WHEREAS, there was created
pursuant to said Resolution No.
24470 a Low -Rent Housing Com-
mission of the City of Dubuque
with a Board of Commissioners to
assist in the development and im-
plementation of a municipal hous-
ing program; and
WHEREAS, the designation of
the said Commission as a Low -Rent
Housing Commission does not ap-
propriately describe the overall re-
sponsibility of the said Commission
to accommodate the housing needs
of all residents within the commu-
nity; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. That the designa-
tion of the "Low -Rent Housing
Commission" of the City of Dubu-
que is hereby changed to the
"Housing Commission" of the City
of Dubuque.
24 Special Session, January 26, 1976
Passed, approved and adopted
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Emil Stackis
Councilmen
Attest: Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully. Wertzberger.
Nays — Councilman Brady.
RESOLUTION NO. 14-76
Authorizing the Publication of
Notice of Sale of Project Notes
(First Series 1976) and the Re-
ceiving of Proposals for the
Sale of said Notes for the Down-
town Renewal Project, Iowa R-
15
WHEREAS, under date of July
26, 1967, the City of Dubuque en-
tered into a loan and Capital Grant
Contract for the undertaking of
the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, under date of July 3,
1972, the Council of the City of
Dubuque adopted Resolution No.
213-72 authorizing to be issued,
from time to time, Project Notes
in Connection with the Downtown
Urban Renewal Project, Iowa R-15;
and
WHEREAS, there is outstanding
and payable to the United States
of America a Project Note in the
amount of $477,114.37; and
WHEREAS, in order to refinance
a portion of said outstanding Proj-
ect Notes, it is necessary for the
City of Dubuque to sell Project
Notes (First Series 1976) totaling
$463,000; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. That the City Clerk
be and he is hereby authorized and
directed to publish according tc
law, "Notice of Sale—Project Not
es" in the form of Exhibit "A'
attached hereto and made a parr
hereof.
SECTION 2. That the City Cleri
be and he is hereby authorized ane
directed to accept and tabulatt
proposals for the sale of said note;
and to send telegrams of accept
ante to the low bidder or bidder
►11 in accordance with instructions
,overing such transactions as pro-
idcd by the Department of Hous.
ng and Urban Development, Unit -
A States of America.
SECTION 3. That a meeting of
the Council of the City of Dubuque
shall be held after the bid open-
ing date of February 18, 1976, to
adopt such resolution or resolu•
tions necessary for the consum.
mation of the sale of Project Notes
(First Series 1976) to the lowest
bidder or bidders.
Passed, approved and adopted
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest: Leo F. Frommelt
City Clerk
EXHIBIT "A"
City of Dubuque
(Name of Local Issuing Agency)
Sealed proposals will be received
by the City of Dubuque (herein
called the "Local Issuing Agency")
at Council Chambers, City Hall,
13th and Iowa in the City of Du-
buque, State of Iowa, until, and
publicly opened at, 1:00 o'clock
P.M. (E.S.T.) on February 18, 1976,
for the purchase of $463,000 of
Project Notes (First Series 1976),
being issued to aid in financing its
project(s) as follows:
Amount Series Maturity
$463,000 First - 1976 July 23, 1976
The Notes will be dated March
19, 1976, will be payable to bearer
on the Maturity Date, and will bear
interest at the rate or rates per
annum fixed in the proposal or
proposals accepted for the pur-
chase of such Notes.
All proposals for the purchase of
said Notes shall be submitted in a
form approved by the Local Issu-
ing Agency. Copies of such form
of proposal and information con-
cerning the Notes may be obtain•
ed from the Local Issuing Agency
at the address indicated above. De*
tailed information with respect to
the conditions of this sale may be
obtained from the February 3, 1976
issue of The Daily Bond Buyer.
City of Dubuque, Iowa
By Leo F. Frommelt,
City Clerk
Special Session, January 26, 1976 25
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
January 23, 1976
Honorable Mayor
and City Council
1 hereby submit an agreement
with the Iowa Department of
Transportation for the repaving of
Jackson Street. This agreement al-
lows for the use of Federal Aid
to Urban Systems funds for 70%
of the total project cost.
The project consists of an as-
phalt overlay from 12th to Dia-
mond, with new traffic signals at
29th and 32nd Streets.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received and
filed and approved. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 15.76
Resolution authorizing Execution
of Agreement between City of
Dubuque, Iowa and Iowa Depart-
ment of Transportation relating
to the repaving of Jackson Street
from 12th Street to Diamond
Street,
That the Mayor and City Clerk
be and they are herebyauthorized
and directed to execute agreement
number 75-F-074 with the Iowa De-
partment of Transportation, two
copies of which are attached, relat-
ing to the repaving of Jackson
Street from 12th Street to Diamond
Street.
Passed, approved, and adopted
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
January 22, 1976
Honorable Mayor
and City Council
I hereby submit the plans and
specifications to extend sanitary
sewer service on John F. Kennedy
Road up to 32nd Street. Attached
is a copy of the petition requesting
the improvement.
It is to be noted that the City
Engineer has designed the sewer to
be constructed in the John F. Ken-
nedy right-of-way instead of being
placed to the rear of the homes as
requested in the petition. This was
done because of the fact two prop-
erty owners (petitioners) would not
grant easements for said sewer.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
January 15, 1976
Honorable Mayor
and City Council
I hereby submit the attached
sheet showing a schedule of the
proposed valuations and assess-
ments for the construction of the
8 inch John F. Kennedy Road San-
itary Sewer Extension, East Side,
near West 32nd Street.
John L. White, P.E.
City Engineer
Councilman Stackis moved that
the communication be received and
filed and approved. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 16.76
Approval of preliminary esti-
mate, proposed plans, specifica-
tions, form of contract, plat and
all other documents for the con-
struction of J. F. KENNEDY ROAD
26 Special Session, January 26, 1976
SANITARY SEWER EXTENSION,
EAST SIDE, at an estimated cost
of $5,788.00.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
,Tames E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 17-76
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1. The size and kind of sewers.
2. Each lot proposed to be assess-
ed together with a valuation fixed
by the council.
3. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
4. In each case the amount there-
of which is estimated to be assess-
ed against each lot, for the John
F, Kennedy Road Sanitary Sewer
Extension, East Side.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there.
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment
mprovement will be assessed upon and
against all privately owned prop-
erty lying within assessable dis.
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ae.
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sewer funds.
Sewer Bonds shall be issued and
Sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be assess-
ed to and paid by the railway com-
pany.
The above resolution was intro-
duced,
ntraduced, approved and ordered plac-
ed on file with the City Clerk this
26th day of January, 1976.
Approved and placed on file for
final action.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved ap•
proval of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wei
berger.
Nays -- None.
(Fixing date of hearing)
RESOLUTION NO. 18.76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 16-76 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
Special Session, January 26, 1976
in the office of the City Clerk for
public inspection, for the John F.
Kennedy Road Sanitary Sewer Ex-
tension, East Side and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's of-
fice for public inspection,
BE IT THEREFORE RESOLVED
that on the 16th day of February
1976, a public hearing will be held
at 7:30 o'clock P.M. C.S.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, the last of which
shall be not less than 10 days prior
to the day fixed for its considera-
tion and unless property owners at
the time of final consideration of
said resolution have on file with
the Clerk objections to the amount
of the proposed assessment, they
shall have been deemed to have
waived all objections thereto, at
which hearing the Council will
hear such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
27
RESOLUTION NO. 19.76
BE IT RESOLVED, by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Richard J. Ring, Maid Rite Cafe,
115 West 11th Street
Steve J. Smith, Gomers Bar (My -
Cap Vendors), 1105 University
Ave.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 20.76
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same here been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be granted and
permits issued upon the compli-
ance with the terms cf the Ordin-
ances of the City.
CLASS "C" BEER PERMIT
Thompson's Food Markets, Inc.,
Oky Doky #9, 51 West 32nd St.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
28 Special Session, January 26, 1976
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 21.76
WHERi;AS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
Thompson's Food Markets, Inc.,
Oky Doky #9, 51 West 32nd St.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully, Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 22-76
WHEREAS, applications for Liq.
uor 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 ap.
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th Gcncral As.
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Steve Smith, "Gomers Bar", 110,5
University Ave,
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh. Council.
men Brady, Stackis, Tully, Wertz.
Berger.
Nays — None.
RESOLUTION NO. 23-76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
ocupied by such applicants were
inspected 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 is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Steve Smith "Gomers Bar", 1105
University Ave.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, January 26, 1976 29
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 24-76
WHEREAS, applications for Liq-
uor 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 ap-
proved and Licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Thomas Andresen "Avenue Top"
1080 University Ave.
Josephine Burke EI Toro Lounge,
1445 Central Avenue
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
RESOLUTION NO. 25-76
WHEREAS, applications for Liq-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
ocupied by such applicants were
inspected and found to comply
with the State I.aw 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 is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER.
AND LIQUOR LICENSE
Thomas Andresen "Avenue Top"
1080 University Ave.
Josephine Burke El Toro Lounge,
1445 Central Avenue
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
At 10:16 P.M. Councilman Tully
moved to go into Executive Session
to consider appointments to var-
ious Boards and Commission. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Council reconvened in Regular
Session at 10:25 P.M.
Mayor Lundh announced the fol-
lowing appointments to the Rehab-
ilitation Commission: Harold L.
Moldt Jr., General Contractor, ex-
piring 1977; Richard M. Strub, Re-
modeling Contractor, expiring
1978; Wm. J. Herrig, Building
Trades -Labor Organization, expir-
ing 1979; and Karen I. Winter, at
Large, expiring 1979..Councilman
Stackis moved ratification of the
appointments. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas -- Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
30 Special Session, January 26, 1976
There being no further busi.
ness, Councilman Stackis moved to
adjourn. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Approved May 10 1976
Adopted May 10 1976
Regular Session, February 2, 1976
CITY COUNCIL
OFFICIAL
Regular Session, February 2,
1976.
Council met at 7:30 P.M. (C.S.T.)
Present — Councilmen Brady,
Stackis, Tully, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent—Mayor Lundh.
Mayor Pro -Tem Stackis read the
call and stated that service there-
of had been duly made and this is
the Regular Monthly Meeting of
the Council called for the purpose
of acting upon such business as
may properly come before the
Meeting.
Mayor Pro -Tem Stackis signed
proclamations declaring the week
of February 22, 1976 as "Sertoma's
Freedom Week in Dubuque" and
February 15, 1976 as "Susan B.
Anthony Day" in rememberance of
the pre-eminent leader of the Wom-
an Suffrage Movement.
Communication of Iowa Depart-
ment of Environmental Quality
confirming their intention to be
present at the meeting to make a
presentation on air pollution and
city leaf burning, 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 fol-
lowing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Mr. Joseph Lynch of the Iowa
D.E.Q. presented a short film and
graphs showing the air pollution
caused by leaf burning during dif-
ferent times in the summer and fall
of 1975, in Des Moines, Iowa. Coun-
cilman Wertzberger moved that
the communication of Iowa De.
partment of Environmental Qual-
ity be referred to the City Mana-
ger and Health Department for
investigation. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays --None.
Absent—Mayor Lundh.
31
Communication of Dubuque Fed.
eration of Labor advising appoint-
ment of Mr. Floyd Whitney to
represent Labor on the Commun.
ity Development Commission and
requesting Council concurrence,
presented and read. Councilman
Tully moved that the communica.
tion be received and filed and re-
ferred to Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Pro -Tem Stackis
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Communication of Fenelon Place
Elevator Co. advising a fare in.
crease to cover increased opera
tional cost effective March 1,
1976, presented and read. Council-
man Wertzberger moved that the
communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Communication of Dubuque Trans-
it Trustee Board submitting min-
utes of their meetings of January
20th and 22nd, 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 -Tem Stackis
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Communication of Karen S. Ryker,
addressed to the TV Advisory Com-
mission, submitting her resignation
as of January 21, 1976, presented
and read. Councilman Tully moved
that the communication be re-
ceived and filed and resignation
accepted with regret. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Communication of Dubuque Child
Care Inc. advising that they have
32 Regular Session, February 2, 1976
applied for $11,250. for Commun-
ity Development. Funds indicating
they are eligible because they are
a non-profit, low income day care
center, presented and read. Coun-
cilman Wertzberger moved that the
communication be referred to the
Community Development Commis-
sion and they be directed to con-
tact Mr. Tom Berryman of Child
Care Inc. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
January 28, 1976
Honorable Mayor and
City Council
I herewith submit the annual
report of the City Health Depart-
ment for the year 1975.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
January 29, 1976
Honorable Mayor and
Members of the City Council
Please be advised that the Iowa
Official Bond No. 55800 issued by
the Midwestern Casualty & Surety
Company in behalf of Thomas G.
Schrup, Park Board Commissioner
has been approved for filing, for a
six year term to 1-1-82.
We desire to have your approval.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and
filed and filing be approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilman Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
January 29, 1976
tion of Mrs. William Smith and
others requesting that street lights
be installed on Victoria Place.
I suggest. that the petition be re-
ceived and filed.
The city electrical inspector in-
vestigated the area and recom-
mends the use of wood poles which
are installed without cost to the
residents. It is reported that the
majority of residents favored orna-
mental poles and underground
wiring. Such an installation is at
the residents' expense. I under-
stand that there is some move-
ment amongst the neighbors to
install a private yard light sys.
tem. To date, we have had no fur-
ther response from the neighbor-
hood.
Honorable Mayor
and City Council
1 am returning to you the peti-
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
recommendation be approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
January 28, 1976
Honorable Mayor
and City Council
Your Honorable Body received a
communication dated October 30,
1975 from various interested prop-
erty owners relating to the A&W
Restaurant drive-in on the corner
of Asbury and John F. Kennedy
Road in the City of Dubuque, Iowa
and wherein they asked the fol-
lowing questions:
1. Is the agreement made with
the City Council by Mr. Rommel
on behalf of Transcalle Cor-
poration on November 19, 1973
still binding?
2. Did Mr. Rommel's application
meet all the requirements neces-
sary when the Board of Adjust-
ment acted on his application?
3. Did Mr. Rommel, or the Board,
give the proper notification of
his proposal to the affected
parties?
This matter was referred to
the City Attorney and I have made
an investigation of this matter
and wish to advise as follows.
The City Council will recall that
on November 19, 1973 Transcalle
Inc. by and through Roger Rommel
Regular Session, February 2, 1976 33
did undertake and agree in writing
that the real property on which
the present facility is located be
subject to the prohibitions and
restrictions respecting drivein res-
taurants as enacted in Dubuque
City Ordinance as amended, the
final reading of which occurred
on November 19, 1973 and in con-
sideration of the issuance forth-
with of a building permit on such
real property by the City of Du-
buque Building Commissioner, for
construction of a restaurant as per
plan attached.
Subsequent to the adoption of
this pertinent ordinance, ordinance
No. 32-75, was adopted by the
City Council and is now presently
in effect, and is the new zoning
ordinance and zoning map of the
City of Dubuque, Iowa. Said or-
dinance speaks to the problem at
hand, by requiring that the per-
mitee apply for the conditional
use permits in connection with a
drivein restaurant in accordance
with and pursuant to Article IV,
Section 4-11 3-4 (1) of ordinance
No. 32.75 to the Dubuque Board
of Adjustment.
The minutes, of the Board of
Adjustments meeting show Docket
No. 38-75 of the Dubuque Board of
Adjustment being an application
of Roger Rommel, for a conditional
use permit pursuant to said ar.
ticle, as a drive-in restaurant. Min-
utes further show that present at
the hearing were Roger Rommel
and Walter Holl who explained
that the permit, being requested
was in extension to the existing
sit down restaurant, into a drive-in
facility by adding a canopy on the
southside to the existing building.
Communications directed to the
Board from the City Engineers
Office, from Mr. Bandy and from
the City Planner, indicated their
Position thereon which would not
rise to the status of an objection.
Apparently there were no other
oral or written communications
directed to the application, and
accordingly the Board by unani-
mous vote granted the conditional
Permit to said petitioner.
It is the opinion of the City At-
torney, that the purported agree-
ment between the City Council and
Mr. Roger Rommel, on November
19, 1973, is no longer binding;
(l) On the face of the examina-
tion of Mr. Rommel's application to
the Board of Adjustment it appears
that everything was in order.
(2) The Board published Notice
on September 26, 1975, and it ap-
pears that said publication of no-
tice was in order.
I wish to state that the zoning
Ordinance No. 32-75, in my opin-
ion has pre-empted any under-
standing or any undertaking made
prior to the adoption of said or-
dinance.
I find that Mr. Rommel did not
act in any way contrary to the
law, but in fact acted in accord-
ance with and pursuant to the
existing law at the time that he
applied for his conditional use
permit.
R. N. Russo
City Attorney
Councilman Brady moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the follow-
ing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Communication of Interim Five
Flags Theatre Commission sub-
mitting minutes of their meeting of
January 27, 1976 :submitting a pro-
posed organizational chart; along
with a job description for a Five
Flags Theatre Manager; also Ad-
visory Committee membership pro-
posal, presented and read.
Paul Frommelt of the Recreation
Commission and Dave Clemens of
the Five Flags Executive Commit-
tee spoke to Council requesting a
budget of $50,000over and above
and separate from regular Rec-
reation Budget for Five Flags
Theatre and stating no Staff to be
taken from the Recreation Depart.
ment.
Mr. Allan T. Thorns requested
the theatre be accepted as a com-
plex; Imperative that group work
with the Council with cooperative
effort and not lose sight of goal;
Committments all have been made
and the goal is in sight, and sug-
gested that everyone stay together
for the final drive.
Councilman Brady moved that
the Recreation Director be author-
34 Regular Session, February 2, 1976
ized to interview a theatre man-
ager for a salary in the neighbor-
hood of $8000. plus incentives. Sec.
onded by Councilman Wertzberger.
Vote on the motion was as follows:
Yeas—Councilmen Brady, Wertz-
berger.
Nays—Mayor Pro -Tem Stackis,
Councilman Tully.
Absent—Mayor Lundh.
Councilman Tully moved that
Council approve concept of Five
Flags Interim Commission and City
Staff be authorized to interview
for theatre manager in the area
of $10,000., to include base pay
and incentives. Seconded by Mayor
Pro -Tem Stackis. Carried by the
following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays—Councilman Brady.
Absent—Mayor Lundh.
Communication of Dock Commis-
sion approving proposed Dock Or-
dinance as of January 20, 1976 as
proposed, plus a request dated
January 30, 1976, requesting con-
sideration in studying the work-
ing for the use of % mill levy for
future funding of the Commission,
presented and read. Councilman
Tully moved that the communica-
tion be received and filed and re-
ferred to Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz.
berger.
Nays—None.
Absent—Mayor Lundh.
January 28, 1976
Honorable Mayor
and City Council
We herewith transmit a correct-
ed copy of an Ordinance provid-
ing for the inclusion of cemeteries,
and similar facilities as conditional
uses in the residential districts
and in the institutional district of
the Zoning Ordinance.
The earlier draft of this Ordi-
nance was found to be in error.
This current draft resolves the
discrepancies that were noted at
your public hearing on Januar
26, 1976. We respectfully request
that the current draft be set fo
public hearing.
Daniel Dittemore
Development Planner
Councilman Tully moved that the
communication be received and
filed. Seconded by Mayor Pro -Tem
Stackis. Carried by the following
vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
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: by adding a new
subsection (5) to Section 4.104.4 of
Article IV thereof and by adding a
new subsection (4) to Section
4-118.5 of Article IV to provide for
the inclusion of cemeteries, mauso-
leums, columbariums and chapels
as conditional uses in Residential
(R) Districts and in the Institu-
tional District (ID), presented and
read.
Mayor Pro -Tem Stackis, moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilman Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Mayor Pro -Tem Stackis moved
that the rule requiring an Ordin-
ance to be received and filed at
two meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Brady, Tully Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
Mayor Pro -Tem Stackis moved
that a public hearing be held on
the Ordinance on February 23,
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. Seconded by Councilman Tully.
January
Carried by the following vote:
Yeas—Mayor Pro -Tem Stackis,
r Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
Regular Session, February 2, 1976 35
ORDINANCE NO. 2.76
AN ORDINANCE AMENDING
ORDINANCE NO. 33.49 KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, IOWA," AS AMEND-
ED, BY ENACTING A NEW -
SUBSECTION 8 TO SECTION C
OF SCHEDULE III THEREOF
AND BY ENACTING A NEW
SUBSECTION 9 TO SECTION E
OF SCHEDULE III THEREOF TO
PROVIDE EAST AND WEST-
BOUND VEHICLES MUST STOP
BEFORE ENTERING THE IN.
TERSECTION OF JOHN F. KEN-
NEDY ROAD AND UNIVERSITY
AVENUE, presented and read.
Mayor Pro -Tem Stackis moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilman Tully, Wertzberger.
Nays—Councilman Brady.
Absent—Mayor Lundh.
Mayor Pro -Tem Stackis moved
that the rule requiring an Ordi-
nance to be received and filed at
two meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Tully Wertzberger.
Nays—Councilrnan Brady.
Absent—Mayor Lundh.
ORDINANCE NO. 2.76
AN ORDINANCE: AMENDING ORDI.
NANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
10'%'A," AS AMENDED, BY ENACT-
ING A NEW SUBSECTION 9 TO SEC.
TION C OF SCHEDULE 111 THEREOF
AND BY ENACTING A NEW SUB-
SECTION 9 TO SECTION E OF
SCHEDULE Ill THEREOF TO PRO-
VIDE EAST AND WESTBOUND VE-
HICLES MUST STOP BEFORE ENTER-
ING THE INTERSECTION OF JOHN
F. KENNEDY ROAD AND UNIVER-
SITY AVENUE.
NO\V THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION I. That Ordinance No. 33-49
known as the That
Code of Dubuque,
Iowa," as amended, be and the same is
L
ereby amended by enacting a new sub-
section 8 to Section C of Schedule 111
thereof as follows:
"SCHEDULE: I11
c• Westbound vehicles must stop before
entering the intersection of:
S. University Ave, and John F. Kennedy
Rd."
SECTION 2. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa," as amended, be and the same is
hereby amended by enacting a new Sub.
section 9 to Section E of Schedule III
thereof as follows:
"SCHEDULE III:
E. Eastbound vehicles must stop before
entering the intersection of:
9. John F. Kennedy Road and Univer-
sity Ave."
Passed, approved, adopted this 2nd day
of February, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this fth day of Febru-
ary 1976.
Lett F. Frommelt
It 2/t Citv Clerk
Mayor Pro -Tem Stackis moved
final adoption of the Ordinance.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Alayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Absent—Mayor Lundh.
Nays_ --Councilman Brady.
RESOLUTION NO. 26.76
WHEREAS, the City of Dubuque,
Iowa has been negotiating with the
Dubuque Metropolitan Area Solid
Waste Agency Board relating to
the terms and provisions of a Solid
Waste Service Agreement; and
WHEREAS, the terms and provi-
sions of said Agreement have been
reduced to writing, a copy of
which, marked Exhibit "A," is
hereto attached and by reference
made a part hereof; and
WHEREAS, said proposed Serv-
ice Agreement, marked Exhibit
"A" should be approved by the
City Council of the City of Du-
buque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Service Agree-
ment, marked Exhibit "A" by and
between the City of Dubuque, Iowa
and the Dubuque Metropolitan
Area Solid Waste Agency be and
the same is hereby approved.
Section 2. That the Mayor and
City Clerk be and they are au-
thorized and empowered to exe-
36 Regular Session, February 2, 1976
cute said Agreement for and on
behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk
be and he is hereby directed to
transmit an executed copy of said
Agreement together with certified
copy of this Resolution to the Du-
buque Metropolitan Area Solid
Waste Agency, in care of R. N.
Russo, City Attorney, 236 Fischer
Building, Dubuque, Iowa 52001.
Passed, approved and adopted
this 2nd day of February, 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Attest:
Leo F. Frommelt
City Clerk
DUBUQUE METROPOLITAN
AREA SOLID WASTE AGENCY
SOLID WASTE SERVICE
AGREEMENT BETWEEN THE
AGENCY AND THE CITY OF
DUBUQUE
(MEMBER)
THIS AGREEMENT, made and
entered into this 2nd day of Feb-
ruary, 1976 between the City of
Dubuque, a municipal corporation,
hereinafter designated as the
"City," and the Dubuque Metro-
politan Area Solid Waste Agency,
hereinafter designated as the
"Agency."
WITNESSETH:
WHEREAS, the Agency was
created and exists for the pur-
pose of serving the needs of its
members in such matters of trans-
port, processing and disposal of
solid waste as may be agreed upon
between its Member, as defined
herein, and the Agency; and
WHEREAS, it has been agreed
between the City of Dubuque and
the Agency that the terms, provi-
sions and conditions of this Agree-
ment shall apply to transport and/
or disposal facilities supplied by
the Agency; and
WHEREAS, the City of Dubuque
is a member in good standing of
such Agency and in a position to
contract with the Agency for the
transport and/or disposal services
hereinafter enumerated upon the
terms and conditions herinafte
specified; and
WHEREAS, the City has antici
paled and does anticipate that said
contract for transport and/or dis.
posal services will ultimately prove
of substantial benefit to the City
in the matter of improved services
to the citizens of the City and
greater efficiencies in the rendi-
tion of such services and that the
transport and/or disposal services
rendered by the Agency are in the
best financial and economic inter-
est of said City and are essential
for the health, safety and welfare
of its citizens and inhabitants; and
said City has by proceeding duly,
adopted, authorized, and empower-
ed its proper officials on its be-
half to enter into this Agreement;
and
WHEREAS, the Agency is will-
ing and able to commence its func-
tions as such Agency in providing
transport and/or disposal services
to said City and said Agency shall
continue to provide and operate
such transport and/or disposal
services for a period of not less
than fifteen (15) years or to the
date of the last maturity of the
Bonds whichever is the later;
IT 1S NOW THEREFORE STIP-
ULATED AND AGREED AS FOL-
LOWS:
DEFINITIONS:
A. This Agreement may be re-
ferred to as the "Solid Waste Serv-
ice Agreement -Member (herein
sometimes designated as the
"Agreement')."
B. "Bonds" shall mean any bonds
or notes issued in anticipation of
bonds and the coupons attached
thereto, if any, by the Agency with
regard to the financing of the
project, as defined herein, includ-
ing such other bonds or notes is-
sued in anticipation of bonds and
coupons attached thereto, if any,
that may hereafter be issued by
the Agency to finance all or part
of the cost of the construction of
additions, extensions and improve.
ments to said project.
C. "Contract Payments" shall
mean the amounts paid or required
to be paid from time to time by
the City to the Agency or the
Agency to the City pursuant to
the provisions of Schedule A of
this Agreement.
r D. "Member" shall mean the
City of Dubuque and County of
Dubuque who are members of the
Regular Session, February 2, 1976 37
Agency pursuant to the Inter-
governmental Agreement dated
April 21., 1975, and as amended
by agreement dated December 15,
1975.
E. "Non-member" shall mean
cities not party to the Intergovern-
tal Agreement but which have en-
tered into an agreement or agree-
ments with the Agency for use of
the services provided by the
Agency.
F. "Projects" as defined for the
purpose of this Agreement shall
mean the transfer facility for the
transporting of wastes from dis-
tant areas to the disposal facilities;
and the disposal facility for the dis-
posal of wastes in the form of a san-
itary landfill, to be acquired and
constructed by the Agency, together
with any and all additions, exten-
sions and improvements hereafter
made to said sites from any sources
whatsoever, and shall include with-
out being limited to, equipment for
the transport and disposal of solid
waste, either residential, commer-
citl or industrial and all lands and
interests therein, plants, buildings,
machinery, pipes, fixtures, equip-
ment, and all property, real or
personal, tangible or intangible,
now or hereafter owned or used
in connection with said Projects.
G. "Resolution' shall mean the
bond resolution to be adopted by
the Agency authorizing the issu-
ance of bonds to finance the con.
struction of the projects.
H. "Solid Waste" shall mean
garbage, refuse, rubbish, and other
similar discarded solid or semi-solid
materials, including but not limit-
ed to such materials resulting from
industrial, commercial, agricultural
and domestic activities, but does
not include hazardous materials
as defined now or as may be de-
fined by the Department of En-
vironmental Quality or any agency
thereof or any successor Agency.
Solid waste may also include motor
vehicles, as defined by the Code
Iowa, and the Agency shall have
the right to exclude from the
project the disposition of motor
vehicles if it is determined by the
Agency that such motor vehicles
cannot be disposed of in an eco-
nomical manner.
I. "Consulting Engineers" shall
mean a consulting engineer or firm
of consulting engineers known and
recognized in connection with the
construction and operation of sani-
tary landfill sites, retained by the
Agency.
J. Words importing singular
number shall include the plural
number in each case vice versa,
and words importing persons shall
include firms and corporations.
ARTICLE 1
GENERAL PROVISIONS
Section 101. Duties of Agency.
The Agency shall under the terms
and provisions of this Agreement
provide such disposal services to
each and every Member and con-
tracted Non -Member as shall be
sufficient to comply with all of
the provisions of Chapter 455B,
Code of Iowa, 1975, as amended.
Section 102. Commencement
Data and Duration. The duties
and obligations assumed by the
City and the Agency under this
Agreement shall become effective,
functional and operational and shall
commence on or before the 1st
day of March, 1976, but not later
than the date on which the bonds
authorized by the Agency for the
construction of the project are sold
and delivered.
This Agreement and each and
every provision hereof shall re-
main in full force and effect with
respect to the projects until (1)
the City shall have paid or have
been paid in full all of the Con-
tract Payments required to be
made with respect to the products
as long as any of the bonds issued
by the Agency with respect to the
project are outstanding and un-
paid, and (ii) the Agency shall
have paid and retired, or shall
have made due and adequate provi-
sion for the payment and retire-
ment of all of the bonds issued
by the Agency with respect to the
projects.
Upon the payment of all of the
bonds issued by the Agency to
finance the cost of the projects or
adequate provision made for their
payment and retirement, the
duties, obligations and commit-
ments assumed by the Agency and
the City under the terms of this
Agreement shall continue and re-
main in full force and effect until
such time as the City by ap-
propriate procedures duly adopted
38 Regular Session, February 2, 1976
by said City terminates this Agree- registered owners from time to time
ment and its obligations there- of said Bonds. The Agency may
pge, assign and transfer the
under.
righledt to receive and collect Con.
Section 103. Successors. Subject tract Payments in the Resolution
to the terms and conditions of the together with the Agency's rights
Resolution whenever the Agency to
enforce this Agreement, and
n
or the City as the case may be, from
and after such pledge, assign -
is referred to herein, such pro-
visions shall be deemed to include
ment, or transfer, such assignee
have the Agency's rights and
the successor or successors of
shall
privileges hereunder to the ex -
the Agency of the City as the case
tent, and as conferred, in such
may be, whether so expressed or
pledge, assignment, and transfer;
not. Subject to the terms and con-
provided however, the Agency
ditions of the Resolution, all of
shall be primarily responsible to
the covenants, stipulations, obliga-
provide the transport and/or dis-
tions and agreements by or on be-
posal services herein contemplated.
half of and other provisions for
the benefit of the Agency or the
Section 105. Disposal. The City
city contained herein shall bind
does hereby agree, that to the full
and shall inure to the benefit of
extent permitted by law, all Solid
any officer, board, district, com-
in-
Waste generated from within its
jurisdiction shall be disposed of
mission, authority, agent or
to whom or to which
at the disposal facility of the
strumentality
there shall be transferred by or in
Project.
accordance with law any powers,
Section 106. Rates to be Charged
duty or function of the Agency
for Transport and/or Disposal of
or the City respectively, or of its
Solid Waste. 1. The Agency shall
successor, the possession of which
fix, establish and maintain rates,
is necesary or appropriate in order
charges, tolls and other fees for
to comply with any such covenants,
the transport and/or disposal of
stipulations, obligations, agree-
Solid Waste and shall revise the
ments or other provisions hereof.
same from time to time as shall al -
Section 104. Parties of Interest
ways be sufficient to provide the
Schedule A
and Interest of Bondholders. Noth-
amounts set forth in
ing in this Agreement expressed
of this Agreement. The Agency un -
or implied is intended or shall be
der the provisions of this Section
construed to confer upon any per-
shall collect such rates, charges,
son, firm or corporation other than
tolls, and other fees for the trans -
the parties hereto, the holders of
port and/or disposal of Solid Waste
Bonds and the coupons there unto
in the following manner:
appertaining, any right, remedy or
A. The Agency shall introduce
claim, legal or equitable, under or
and keep in full force and effect
by reason of this Agreement, this
the Bonds are fully paid for
Agreement being intended to be
until
or provision duly made for their
and being for the sole and exclu-
retirement a schedule of rates to
sive benefit of the parties hereto,
be charged upon entry to the
the holders from time to time of
Project for the transport and/or
the Bonds and the coupons there-
disposal of Solid Waste. The meth -
unto appertaining. The Agency
od of levying such rates shall be
and the City agree that this Agree-
determined by the Agency and
ment is executed in part in order
shall be revised from time to time
to induce the purchase by others
in order to comply with the provi-
of the Bonds of the Agency to be
sions of this Agreement.
issued to finance the construction
of the project, as defined herein,
B. The Agency shall collect from
and for the purposes of securing
the City at such times and in the
said Bonds, and accordingly all of
manner hereinafter provided the
the covenants, stipulations, obliga-
City's share as established in
tions, agreements or other provi-
Schedule A any amounts necessary
sions on the part of the Agency
forth in this Agree-
which together with the revenues
by the Agency under sub,
and the City set
received
A be sufficient
ment are hereby declared to be
for the benefit of the holders and
section above shall
I to produce the amounts required
Regular Session, February 2, 1976 39
under Schedule A of this Agree-
ment.
2. The Agency shall prepare a
budget based on the fiscal year
ending June 30th of each year or
as may be established by the State
of Iowa, at least four months pre-
ceding the beginning of the budget
year showing the estimated ex-
penditures for operation and main-
tenance, debt service requirements
and reserves for the year. Copies
of said annual budget shall be
sent to each Member within fif-
teen (15) days after its preparation.
Within 30 days after receipt of
said budget the City or any Mem-
ber may file objections and re-
quest a hearing on such budget. If
such a hearing is requested, the
Agency shall schedule such hear-
ing within ten (10) days of receipt
of such request and shall give at
least one week's published notice
of the time and place of hearing.
At said hearing any Member or
user shall have the right to appear
and explain his objections both
orally and in writing. At the con-
clusion of the hearing the Agency
may make the changes determined
by the hearing or may adopt the
budget as originally proposed.
Said annual budget shall be divided
into quarterly requirements. The
amounts due to the Agency from
the City under this section shall be
based upon budgeted amounts for
the preceding fiscal year. The
amount to be paid by each member
for each quarter shall be reduced
proportionately by the amount of
revenues collected by the Agency
for the Project in the preceding
quarter. Such quarterly payments
shall be paid no later than the
beginning of each quarter. For the
fiscal year commencing July 1,
1976, the City in lieu of the above
quarterly payments shall advance
to the Agency the amount of $50,-
000 for initial operation. The Agen-
cy shall reimburse the advance
from the surplus fund account
over the first five (5) years of
operation.
Section 107. Agency Duties. The
Agency shall have the duty and
obligation during the life of this
Agreement to provide for (1) the
economical transport and/or dis-
posal of all solid waste, as defined
herein produced or generated by
each Member and contracted non-
member, (2) to engage other local
government agencies to administer,
operate, and maintain facilities, (3)
to provide equipment, machinery,
buildings and grounds for the
transport and/or disposal of such
Solid Waste, and (4) to take all
necessary steps to prevent con-
tamination and pollution of the
land, water and air resources of
the areas involved in the transport
and/or disposal of said Solid Waste,
to the extent that the Agency may
do so under the provisions of this
Agreement and the Resolution.
ARTICLE II
Construction of the Project
Section 201. Construction of the
Project. The Agency covenants and
agrees to cause to be constructed
and acquired with all reasonable
speed and dispatch the Project, in
accordance with the plans and
specifications to be prepared by
the Agency's engineering consul-
tants, and put on file at the
Agency's office, or in accordance
with any amendments, modifica-
tions or changes to such plans and
specifications as shall have been
made pursuant to law, and, upon
the completion of said Project, to
place the same in operation in
accordance with the provisions of
this Agreement. No change which
shall result in an increase in the
amount of Bonds to be issued shall
be made in any such plans and
specifications during construction
of the Project unless such change
shall be approved by the parties
hereto and by all agencies or in-
strumentalities of the United States
of America or of the State required
by law to approve the same.
The Agency shall not be deemed
to be in default under the aforesaid
covenant or any other applicable
provision hereof, if the construction
of the Project shall be delayed by
the inability of the Agency or oth-
ers to secure needed labor or ma-
terials or by stormy or inclement
weather which delays completion of
the Project, or by strikes, labor dis-
putes, lockouts, or the like trouble
among mechanics or laborers which
delays construction of the Project,
by acts of God, or by acts or neg-
lect of the City or its agents or em-
ployees, or by similar catastrophe
or other similar delbeyond the
ay
control of the Ag Y or inability
40 Regular Session, February 2, 1976
to award construction contracts
issued by the Agency for the con.
for construction of the Project for
struction of said Project. If, how-
total bids that are within the es-
ever, the Agency has prior to the
timated total construction costs
receipt of such moneys issued
for the Project or in the event
and has then outstanding Bonds,
of the inability of the Agency to
such moneys so received shall be
issue its Bonds to finance the cost
set aside and used for the sole
of the Project.
purpose of paying the principal
The Project shall, upon comple-
of and interest on said Bonds.
tion, be free and clear of all liens
Section 204. Assignment of
and encumbrances of every kind
Grants, etc. The City hereby as.
and character performed in con-
signs to the Agency all right, title
nection with the construction of
and interest in and to any grant
the Project, including mechanic's
of payment made or to be made
liens, laborers' and materialmen's
by the United States of America
liens and other liens similar in
or any Agency or instrumentality
nature. However, nothing in this
thereof or by the State or any
Section 201 contained shall re-
agency or instrumentality thereof
quire the Agency to pay or cause
in respect to the Project, and the
to be discharged or to make provi-
Agency is hereby authorized by
sion for the payment of any such
the City and the Agency hereby
lien or encumbrance so long as
agrees with respect to any such
the validity thereof shall be con-
grants or payments to make such
tested in good faith by appropriate
applications or other requests
legal proceedings.
for such grants or payments, to
Section 202. Additional Con-
enter into and perform any and
struction. The Agency may alter,
all agreements required to com-
reconstruct, improve, extend or
ply with any applicable laws in re-
acquire additions, extensions and
spect thereof and to take such
improvements to the Project, if
other and further action as is re -
such construction is to be financed
quired or permitted in the prem -
with funds of the Agency other
ises.
than the rroceeds of additional
Section 205. Termination. The
Bonds issued by the Agency and
City may not withdraw or in any
pursuant to this Agreement; pro-
way terminate, amend, or modify
vided, however, that the Agency
in any manner to the detriment of
may not Issue such additional
Bondholders this Agreement if
Bonds, without the prior approval
Bonds have been issued and are
of the City or without complying
then outstanding. Any Bonds for
with the applicable provisions of
the payment and discharge of
the Resolution relating to the is-
which, upon maturity or upon re-
suance of parity obligations. The
demption prior to maturity, Pro -
Agency shall not make expendi-
vision has been made through the
ture for improvements or exten-
setting apart in a reserve fund or
sions or acquisitions to the proj-
special trust account created pur-
ect in excess of $50,000 in any fis-
suant to the Resolution to insure
cal year without the consent of
the payment thereof, of moneys
the City.
sufficient for that purpose or
Section 203. Financing of Proj-
through the irrevocable segrega-
ect by Agency. The Agency agrees
tion for that purpose in a sinking
to finance the cost of the project
fund or other fund or trust account
from the proceeds derived from
of money sufficient therefore,
the sale of its Bonds and cove-
shall be deemed to be no longer
nants that the proceeds of such
outstanding and unpaid within
of
Bonds shall be sufficient to pay
the meaning of any provision
the entire cost of said Project
this Agreement.
pursuant to the plans and specifi-
Section 206. Governmental AP
cations proposed for that purpose.
proval. The Agency and the City
Any moneys received by the Agen.
have heretofore obtained prior to
cy or the City for the purpose of
the execution of this Agreement,
financing part of the cost of said
or shall promptly obtain prior to
Project prior to the issuance of
the issuance of the Bonds, all gov-
said Bonds shall be used to reduce
ernmental approvals, including
the total amount of Bonds to be
permits from or approvals of the (j
Regular Session, February 2, 1976 41
State Department of Environmen-
tal Quality, or any successor de-
partment or Agency, required by
law for the construction, owner-
ship, operation and maintenance
of the Project by the Agency.
ARTICLE 111
Indemnity and Insurance
Section 301. Indemnity. The
Agency assumes and agrees to pay
the City for, and the Agency for-
ever indemnifies the City against,
and agrees to save the City harm-
less from, any and all loss, dam-
age, injury, costs, expenses, lia-
bility, claims, settlements, judg-
ments, decrees, and awards of
every kind and notice whatsoever,
Including attorney's fees, costs,
and disbursements, that may ever
be claimed against the City, its
agents, servants, employees, in -
1 itees, or contractors, by any per-
son, firm, corporation or other en-
tity whatsoever on account of any
actual or alleged injury or death
of any person or persons whomso-
ever, or on account of any actual
or alleged loss, damage or injury
to any property whatsoever, how-
ever arising from or connected
with or related to or growing out
of, directly or Indirectly, (a) the
construction, existence, condition,
maintenance, repair, renewal, re-
construction, extension, improve-
ment, use, operation, removal or
alteration of the Project, or any
other project or facilities owned,
operated or used by the Agency,
(b) injury to or death of any
agent, servant, employee or con-
tractor of the City or loss, dam.
age or injury to any property
owned or used by any agent, ser-
vant, employee or contractor of
the City while on or about the
Project for any purpose however
arising from or connected with or
related to or growing out of, di-
rectly or Indirectly, this Agree-
ment, and/or (c) the nonobserv.
ance by the Agency, its agents,
servants, employees, invitees or
contractors of the provisions of
any laws, statutes, ordinances, res-
olutions, regulations or rules duly
promulgated by any governmental
entity which may be applicable,
directly or indirectly, to the Proj-
ect or any other project or facil-
ities owned, operated or used by
the Agency, and/or (d) the non.
observance by the Agency, its
agents, servants, employees, in-
vitees or contractors of any of
the terms and conditions of this
Agreement.
Section 304. Insurance. The
Agency shall, prior to the effec-
tive date of this Agreement, in-
sure against the following perils:
A. Claims for bodily injury and
property damage. The limits there-
of shall be at least $300,000/
$500,000 for bodily injury and
$100,000 for property damage.
B. Claims arising under the
workman's compensation laws of
the State of Iowa. The limits
thereof shall be at least the mini-
mum limits required under the
workmen's compensation law of
the State of Iowa.
C. Claims for loss, damage, or
injury by fire, to the Project, with
extended coverage endorsement.
D. Claims arising under the pro-
visions of Section 301 of this
Agreement.
Where appropriate, all insur-
ance provided for in this Agree-
ment shall name the Agency and
the City as the insureds, as their
interests may appear.
All insurance provided for in
this Agreement shall be effected
under enforceable policies issued
by insurers of recognized respon-
sibility licensed to do business in
the State of Iowa.
All insurance provided for in
this Agreement shall provide for
at least fifteen (15) days notice
to the City of any change therein
or cancellation thereof.
Prior to the effective date of
this Agreement, and within ten
(10) days prior to the expiration
of any insurance provided for in
this Agreement, the Agency shall
deliver to the City certificates of
insurance certifying that the in-
surance provided for in this
Agreement is in full force and
effect.
ARTICLE IV
Financial Provisions by City
Section 401. Budget Provision.
The City shall prior to the exe-
cution of this Agreement agree
to adopt prior to the issuance of
any bonds an ordinance that will
fix, establish and maintain rates
or other charges for the use of
and the services and facilities
rendered by said Project sufficient
with other available funds of the
42 Regular Session, February 2, 1976
City at all times to pay the City's
share of the amounts due the
Agency. The City shall at least by
the beginning of each quarter for-
ward to the Agency the amounts
due as calculated in Article I. The
City shall not be required to make
any advance quarterly payments
to the Agency as long as the
amounts collected by the Agency
at the site of the Project and pro-
vided in this Agreement have been
sufficient to make all the pay-
ments required hereunder and by
the bond resolution to be adopted
by the Agency.
The City shall employ its statu-
tory powers for the enforcement
of payment of such rates, fees or
other charges for the services pro-
vided by the Agency for the trans-
port and/or disposal of its Solid
Waste.
ARTICLE V
Contract With Other Parties
Section 501. Additional Parties.
The Agency may allow additional
counties or cities to become par-
ties to this Agreement upon the
same terms and conditions herein
set forth and this Agreement may
be amended from time to time by
written agreement, duly authorized
and executed by the parties hereto.
ARTICLE VI
Remedies
Section 601. Legal Action. Every
obligation assumed by or imposed
upon the City or Agency by this
Agreement or pursuant to law
shall be enforceable by the City
or Agency or by appropriate legal
action, and the City and the Agen-
cy hereby agree that in any ac-
tion between the City and the
Agency no defense of sovereignty
will be raised against the other.
ARTICLE VII
Restrictions on Competing
Disposal Solid Waste Systems
Section 701. Non -Competitive
Facilities. So long as any Bonds
of the Agency are outstanding,
the City shall not grant any fran-
chise or license to any person,
firm, association or corporation
for a competing solid waste dis-
posal system nor shall they permit
any City solid waste disposal sys.
tem to compete with the Agency.
The City may, without Agency
consent, dispose of construction
or demolition material, tree re-
moval residue, decrepit automo-
biles and other nonputrescible sol.
id waste generated out of the
City's own activities, in a disposal
site apart from an Agency dis.
posal site.
The Agency however shall have
the right to establish, construct
and acquire any other transport
and/or disposal project, provided,
the same shall become part of the
project.
CITY OF DUBUQUE, IOWA
By Emil Stackis, Mayor Pro -Tem
Attest:
By Leo F. Frommelt
Clerk
DUBUQUE METROPOLITAN
AREA SOLID WASTE AGENCY
By James E. Brady
Chairman
Attest:
By Donald C. Meyers
Secretary
SCHEDULE A
Contract Payments
Subject to the provisions of the
Intergovernmental Agreement cre-
ating the Dubuque Metropolitan
Area Solid Waste Agency and the
provisions of this Agreement and
all applicable statutory provisions
of the Code of Iowa, 1975, as
amended, the contract payments
to be made by the City shall be
the amount not covered by the
total amount collected by the
Agency at the transport and/or
disposal site from all users there-
of according to the posted rates
established by the Agency for the
services and facilities of the Proj-
ect as determined by the Agency;
all, in accordance with the estab-
lished formula agreed to by the
City and the Agency whereby the
City's share shall be 77.3% of the
total outstanding debt.
The annual amount required to
be collected by the Agency shall
in no event be less than the sum
of the following:
1. An amount equal to the ad-
ministrative and operating and
maintenance expense of the Agen-
cy.
2. An amount not less than
150% of the principal and inter-
est on the annual debt service re-
quirements of the Agency.
3. Such additional amount, if
any, to provide a remainder after
paying principal and interest ade-
quate to provide the minimum
amounts required to be paid into
Regular Session, February 2, 1976
the Bond Reserve Fund and The
Replacement and Improvement
Fund.
The Agency shall reimburse the
City from the bond proceed funds
spent by the City pursuant to
Chapter 455 B of the Code of
Iowa, 1975, including but not lim-
ited to the purchase of land and
expenses associated with the land
purchase, professional services,
and studies and reports as listed
below, together with such addi-
tional costs the City may incur
for that purpose.
Expenses occurred by the City
of Dubuque through November
20, 1975 to meet the City obliga-
tion for Chapter 455B of the Code
of Iowa, 1975.
A. Site Selection and Testing
1. Smith Farm Site
Option to purchase..$5,000
Recording Fee ........ 10
Soil Boring-
Tschiggfrie .......... 354
Soil Testing -
Soil Test .............. 147
Total Smith Site ....$5,511.00
2. County Farm Site
Soil Borings-
Tschiggfrie ........ 344
Soil Testing -
Soil Test .............. 182.50
Total County Farm
Site ........................$ 526.50
3. Airport Site
Soil Borings.
Tschiggfrie .......... 437.50
Total Airport Sites $437.50
Transfer of cost taken care of sep-
arately.
4. Gantz & Waller Sites
Soil Borings -initial..
200
Lundin Realty -
Appraisal ............
200
Voelker Realty -
Appraisal ............
200
Entry Award Waaler
1,000
Soil Boring Nickols
297.79
Soil Boring
Tschiggfrie ..........
465.75
Soil Boring Warzyn..
1,940.38
Damages-Jecklin ....
1,000.00
Thomas Luksetich ..
650.00
Lundin Realty ........
677.00
Total Gantz & Waller
Site Cost ............$7,630.92
B. Land Purchase
1. 218 Acres Gantz
Enterprise - John
Gantz ................
2. 40 Acres John
Gantz ................
43
174,400.00
30,000.00
Total Land
Purchase .......... 204,400.00
C. Consultant Engineer's
Cost HDR &
CKCA .................. 82,407.91
D. Total City Costs .......t?00,913.83
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays—None.
Absent—Mayor Lundh.
ORDINANCE NO. 3.76
An Ordinance establishing Rates
and other charges for the Serv-
ices of the Transport and/or
Disposal Facilities provided by
the Dubuque Metropolitan Area
Solid Waste Agency,
presented and read. Mayor Pro -
Tem Stackis moved that the read-
ing just had be considered and
first reading of the Ordinance.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — Noee.
Absent — Mayor Lundh.
Mayor Pro -Tem Stackis moved
that the rule requiring an Ordin-
ance to be received and filed at
two meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Coun-
cilman Wertzberger. Carried by the
following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
ORDINANCE NO. 3.76
AN ORDINANCE ESTABLISHING
RATES AND OTHER CHARGES
FOR THE SERVICES OF THE
TRANSPORT AND/OR DISPOSAL
FACILITIES PROVIDED BY THE
DUBUQUE METROPOLITAN AREA
SOLID WASTE AGENCY
WHEREAS, the City of Dubuque, Iowa
hereinafter referred to as the City has
44 Regular Session, February 2, 1976
heretofore entered into an Intergovern-
mental Agreement with the County of
Dubuque creating the Dubuque Metropol-
itan Area Solid Waste Agency, hereinafter
referred to as the Agency pursuant to the
provisions of Chapter 2BE, Code of Iowa,
1975, for the purpose of creating said
Agency; and
WHEREAS, the City has elected to
accept the transport and/or disposal serv-
ices of said Agency and is a member of
such Agency; and
WHEREAS, it is necessary for said
Agency to issue Solid Waste Disposal Rev-
enue Bonds for the purpose of acquiring
and constructing transport and/or disposal
facilities; and
WHEREAS, it is necessary under the
terms of said Solid Waste Service Agree-
ment that prior to the execution thereof
the City enact an ordinance establishing
rates, fees, tolls and other charges from
the residents of said City for the use and
services of said transport and/or disposal
facilities, now, therefore,
BE IT ORDAINED BY THE CITY
COUNCIL OF DUBUQUE, IOWA:
SECTION 1. That the City will fix,
establish and maintain rates or other
charges for the use of and the services
and facilities rendered by the Agency.
Such rates or changes may be so fixed,
established and maintained and revised
from time to time whenever necessary as
will always provide the City with suffic-
ient revenue to pay the rates, tolls, fees,
rentals or other charges levied against it
by the Agency for the payments of the
services and facilities provided by the
Agency, in order for said City to comply
with Section 401 and Schedule A of its
Solid Waste Service Agreement; provided
however, the City may in its discretion
apply such other lawfully available moneys
it has on hand for such purposes.
SECTION 2. That this ordinance shall
take effect after its enactment in the
manner provided by law.
Emil Stackis
Mayor Pro Tem
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this 5th day of Febru-
ary 1976.
Leo F. Frommelt,
It 2/5 City Clerk
Mayor Pro -Tem Stackis moved
final adoption of the Ordinance.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz
berger.
Nays — None,
Absent — Mayor Lundh.
Councilman Brady read a resolu
tion seeking support from the
Council in the establishment of I
$4.75 gate fee rate at the proposed
land fill. Councilman Brady moved
adoption of the resolution. MO-
TION DIED FOR LACK OF A SLC -
OND.
January 23, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on an amendment
to Ordinance No. 32.75, known as
the Zoning Ordinance and 'Zoning
Map of the City of Dubuque,
Iowa." The amendment as shown
on the attached Ordinance would
enact a new subsection (4) of Sec-
tion 4-112.2 of Article IV therein,
to include drug stores, health care
supply and similar retail conven-
ience goods stores as Principal Per-
mitted Uses in the C-1 Commercial
District.
The commission has found that
the amendment is in keeping with
the intent of the C-1 Commercial
District and recommends your fav-
orable consideration of the attach.
ed Ordinance.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Wertzberger moved
that the communication be receiv-
ed and filed. Seconded by Mayor
Pro -Tem Stackis. Carried by the
following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
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," by repealingsub-
section (4) of Section 4-112.2 of
Article IV thereof and enacting a
new subsection (4) of Section 4-
112.2 of Article IV in lieu thereof
to provide for the inclusion of
Drug Stores, Health Care Supply,
and similar retail convenience
goods stores as principal permitted
uses in the C-1 District, presented
and read. Mayor Pro -Tem Stackis
moved that the reading just had be
considerd the first reading of the
Ordinance. Seconded by council-
man Tully. Carried by the follow-
ing vote:
Regular Session, February 2, 1976 45
Yeas — Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — Councilman Brady.
Absent — Mayor Lundh.
Mayor Pro -Tem Stackis moved
that the rule requiring an Ordin-
ance to be. received and filed at
two meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — Councilman Brady.
Absent — Mayor Lundh.
Mayor Pro -Tem Stackis moved
that a public hearing be held on
the Ordinance on February 23,
1976 at 7:30 o'clock P.M. in the
Council Chamber at the City Hall
and that the City Clerk be instruct-
ed to publish notice of the hearing
in the manner required by law.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — Councilman Brady.
Absent — Mayor Lundli.
Petition of Berrybrook Corpora-
tion requesting permit to sell box
candy by members of the Berry -
brook Youth Club in the business
area on February 7, 1976, present-
ed and read. Councilman Brady
moved that the request BE DE-
NIED and the Berrybrook Corp.
be notified. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
Petition of Eldon Konzen et al
(62 signers) objecting to being
annexed to the City, presented and
read.
Jim Wallace of R.R. #2 address-
ed the Council relative to the peti-
tion and stated objections to the
Proposed annexation.
Councilman Tully moved that
the petition of Eldon Konzen be
received and filed and referred
to the Planning & Zoning Commis-
sion and Council. Seconded by
Mayor Pro -Tem Stackis. Carried by
the following vote:
Yeas —. Mayor Pro -Tern Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent -- Mayor Lundh.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to dispose of interest to
Harry A. & Margaret Blewett in a
2.5 foot easement in Lot 12 Block
2 Sunset Park Sub. No. 3 in ex-
change for a 2.5 foot easement in
Lot 21 Block 2 Sunset Park Sub.
No. 3, 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 Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 27.76
WHEREAS, pursuant to Resolu-
tion and published notice of time
and place of hearing, published in
the Telegraph-Herald,a newspaper
of general circulation published in
the City of Dubuque, Iowa on Jan-
uary 16, 1976, the City Council of
the City of Dubuque, Iowa met on
the 2nd day of February, 1976 at
7:30 o'clock P.M. (Central Standard
Time) in the City Council Cham-
bers City Hall, Dubuque, Iowa to
consider the proposal to dispose of
interest of the City of Dubuque in
real estate to Harry A. Blewett and
Margaret J. Blewett, husband and
wife; and
WHEREAS, the City Council of
the City of Dubuque, Iowa over-
ruled any and all objections, oral
or written, to the proposal to dis-
pose of interest of the City of Du-
buque, Iowa in the hereinafter
described real estate of Harry A.
Blewett and Margaret J. Blewett,
husband and wife;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCLL
OF THE CITY OF DUBUQUE,
IOWA:
Stction 1, That the disposal of
interest of the City of Dubuque,
Iowa of an interest in a 2.5 foot
wide easement in Lot 12 in Block
2 in Sunset Park Subdivision No. 3
in the City of Dubuque, Iowa and
conveyance thereof to said Gran-
tees in exchange for a 2.5 foot wide
46 Regular Session, February 2, 1976
perpetual easement for sidewalk
purposes in Lot 21 in Block 2 in
Sunset Park Subdivision No. 3 in
the City of Dubuque, Iowa for the
sum of $1.00 plus costs of publica-
tion and recording fees, be and
the same is herby approved, and
that conveyance shall be made by
Quit Claim Deed and no abstract of
title will be furnished.
Suction 2. That the Mayor and
the City Clerk be and they are
hereby authorized to execute said
deed of conveyance and the City
Clerk be and he is hereby directed
and authorized to deliver said deed
of conveyance of the above de-
scribed real estate to Harry A.
Blewett and Margaret J. Blewett,
husband and wife, upon receipt of
the purchase price.
Section 3. That the City Clerk be
and he is hereby authorized and
directed to record a certified copy
of this Resolution in the office of
the Dubuque County Recorder.
Passed, approved and adopted
this 2nd day of February, 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully Jr
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
January 29, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of "Asbury
Springs Subdivision No. 2" all in
the City of Dubuque, Iowa. The
subject property lies south of As-
bury Road and east of John F.
Kennedy Road.
The Commission has determined
that the plat is in conformance
with the Subdivision Regulations
of the City of Dubuque, Iowa, and
recommends that the final plat of
"Asbury Springs Subdivision No.
2" be approved as submitted.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received
and filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 28-76
Resolution approving the plat of
Asbury Springs Subdivision No.
2 in the City of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as AS -
BURY SPRINGS SUBDIVISION
NO. 2 IN THE CITY OF DUBU-
QUE, IOWA, by David J. Powers
and Paul W. Powers, d/b/a Powers
Land Company, A Partnership; and
the vacation of existing easements
within the area of Asbury Springs
Subdivision No. 2, all as shown
on the recorded plats of Lot 3 of
Asbury Springs Subdivision No. 1
and Lot 2 of Picardy Park, in the
City of Dubuque, Iowa; and
WHEREAS, upon said plat ap-
pear streets to be known as Jud-
son Drive, Judson Court, Powers
Court and Vail Trail, together with
certain public utility easements
which the Owners by said plat
have dedicated to the public for-
ever; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap.
proval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the sam^ conforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or pav-
ing, sewer or water installed;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation of
said existing easements and the
dedications of Judson Drive, Jud-
son Court, Powers Court and Vail
Trail, together with the new ease-
ments for public utilities as the
same appear upon said plat, be and
the same are hereby accepted;
Regular Session, February 2, 1976 47
Section 2. That the plat of AS -
BURY SPRINGS SUBDIVISION NO.
2 IN THE CITY OF DUBUQUE,
IOWa be and the same is hereby
approved and the Mayor and City
Clerk are hereby authorized and di-
rected to endorse the approval of
the City of Dubuque, Iowa, upon
said plat, provided the owners of
said property herein named, exe-
cute their written acceptance here-
to attached agreeing:
a. To reduce all streets to grade
and to construct concrete curb
and gutter and to hard surface
Judson Drive, Judson Court,
Powers Court, and Vail Trail
with bituminous concrete, or
with concrete paving with inte-
gral curb, all in accordance with
City of Dubuque standard speci-
fications;
b. To install sanitary sewer mains
and sewer service laterals in
accordance with plans submitted
with the plat;
c. To install water mains and water
service laterals in accordance
with plans submitted with the
plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks as
required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct all improvements in
compliance with any and all ap-
plicable City of Dubuque Specifi-
cations and as approved by the
City Engineer;
g. To maintain the foregoing im-
provements for a period of four
(4) years from date of their ac-
ceptance by the City of Dubu-
que, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Powers Land Company, A Part-
nership, as owners;
i. To construct said improvemnts,
except sidewalks, prior to Febru-
ary 1, 1978, and to construct the
sidewalks prior to February 1,
1980;
j• To install in accordance with
City Specification, boulevard
street lighting within thirty (30)
days after the completion of the
adjacent curb and gutter within
any particular section of the pro-
posed subdivision;
and further provided that said
Powers Land Company, A Partner-
ship, as owners of said Subdivision,
secure the performance of the
foregoing conditions by providing
security in such form and with
such sureties as may be accept-
able to the City Manager.
Section 3. That in the event
David J. Powers and Paul W.
Powers, d/b/a Powers Land Com-
pany, A Partnership, shall fail to
execute the acceptance and furnish
the security provided for in Sec-
tion 2 hereof within 45 days after
the date of this Resolution, the pro-
visions hereof shall be null and
void and the acceptance of the
dedication and approval of the plat
shall not be effective.
PASSED, ADOPTED AND AP-
PROVED by unanimous recorded
roll call this 2nd day of February,
A.D., 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 28-76
We, the undersigned David J.
Powers and Paul W. Powers having
read the terms and conditions of
the foregoing Resolution No. 28.76
and being familiar with the condi-
tions thereof, hereby accept the
same and agree to perform the
conditions required therein.
Dated at Dubuque, Iowa, this
2nd day of February, 1976.
David J. Powers Paul W. Powers
TO:
Leo F. Frommelt,
City Clerk
This is to certify that the secur-
ity provided by the foregoing
RESOLUTION NO. 28-76 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
27th day of February, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved adop-
tion of the resolution. Seconded by
Mayor Pro -Tem Stackis. Carried by
the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
48 Regular Session, February 2, 1976
January 30, 1976
Honorable Mayor
and City Council
You are requested to adopt a
resolution authorizing the City
Clerk to publish with the County
Auditor for bids on telecommuni.
cations equipment for the law en.
forcement activities for both the
County and the City.
The City of Dubuque is a partici-
pant in the Dubuque County Law
Enforcement Telecommunications
plan under a 28E Agreement. The
plans for the telecommunications
system for the City and the County
have been in two phases. Phase I
has been completed. It included the
installation of the new equipment
in the dispatching center at the
Dubuque City -County Law Enforce-
ment Center, and upgrading of the
mobile equipment used by the
Sheriff's department. Cost of Phase
I was $98,585. The Iowa Crime
Commission provided $72,739, the
City $9,983 and the County $15,863.
Phase II of the project will en-
compass a conversion of all radios
in the City of Dubuque Police De-
partment from VHF to UHF. Un-
der Phase II the City will be replac-
ing all existing outmoded VHF
mobile and portable radios used
by the Police Department and will
be constructing a new UHF base
station. Correspondingly, the Coun-
ty, in Phase II, will be modifying
their base station and antenna fac-
ilities and will be purchasing addi-
tional mobile and portable radios.
Total project cost under Phase
II will be $124,074. The Iowa Crime
Commission will provide funds of
$105,000, the City $13,550 and the
County $5,524.
The plans and specifications
have been completed for bidding
on Phase 11. In the attached reso-
lution, we are asking that your
body authorize the Clerk to pub•
lish in conjunction with the Coun.
ty Auditor in advertising for bids
for the equipment to be purchased
and installed under Phase II. We
would recommend your adoption of
the attached resolution.
Francis A. Murray
Assistant City Manages
Councilman Tully moved adop
tion of the resolution. Seconded b3
Councilman Wertzberger. Carrie(
by the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 29.76
Resolution authorizing the City
Clerk to advertise for bids for
Communications Equipment for
Phase 11 of the County -City Tele.
communications Plan.
WHEREAS, the City of Dubuque
is a member of the Dubuque Law
Enforcement Telecommunications
Plan under a 28E Agreement; and
WHEREAS, application for a
project in the amount of $124,074
has been made with the Iowa
Crime Commission for completion
of Phase II of the telecommunica-
tions system; and
WHEREAS, on June 16, 1975 the
Council authorized the Mayor to
sign a matching resolution stating
that the City would fund their
share in the amount of $13,550 for
Phase II of this telecommunica-
tions plan; and
WHEREAS, on August 21, 1975
the Iowa Crime Commission has
given approval for federal and
state funding of $105,000 of the
$124,074; and
WHEREAS, it is desirous on the
part of the administrators of the
28E Agreement to proceed with ad-
vertising for bids for the installa-
tion of this equipment.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA that they authorize the
City Clerk to publish with the
County Auditor a Notice to Bidders
requesting bids for the telecom-
munications equipment outlined
under Phase II of the telecom-
munications plan.
Passed, approved and adopted
this 2nd day of February, 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Regular Session, February 2, 1976 49
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
January 30, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 1
through 7, each in "Phase One of
Stone Hill Community Subdivision
No. 1" in the City of Dubuque,
Iowa. The subject property lies
north of Davis Avenue and west
of Windsor Avenue.
The Commission has found that
the plat which also dedicates the
street right-of-way of Stone Ridge
Place, is in conformance with Plan-
ned Unit Development regulations
and recommends your favorable
consideration of the final plat.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor I.undh.
RESOLUTION NO. 30.76
Resolution approving the Plat of
Blocks i through 7 each in
"Phase One of Stone Hill Com-
munity Subdivision No. 1" in the
City of Dubuque, lows,
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Blocks
1 through 7 each in "Phase One of
Stone Hill Community Subdivision
No. 1" in the City of Dubuque,
Iowa,
WHEREAS, upon said plat ap-
pear a street to be known as Stone
Ridge Place, which the Owner by
said plat has dedicated to the pub-
lic forever; and
WHEREAS, there are on file in
the office of the City Engineer of
Dubuque, Iowa Improvement Plans
and accompanying specifications
showing location and grade of
sanitary sewer, water, street pave-
ment, sidewalk and drainage facil-
ities within the area shown on said
Plat; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relat-
ing thereto, except that street
grades have not been established,
the street brought to grade, or
paving, or storm sewer installed;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of
Stone Ridge Place as the same ap-
pears upon said plat, be and the
same is herby accepted;
Section 2. That the plat of
Blocks 1 through 7, each in "Phase
One of Stone Hill Community Sub-
division No. 1" in the City of Du-
buque, Iowa, be and the same is
hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque,
Iowa, upon said plat, provided the
owner of said property herein nam-
ed, execute written acceptance
hereto attached agreeing:
a. To reduce all streets to grade
and to construct concrete curb
and gutter and to hard surface
Stone Ridge Place with bitum-
inous concrete, or with concrete
paving with integral curb, all
in accordance with City of Du-
buque standard specifications;
b. To install storm sewers and
catchbasins in acoerdance with
the plans described herein and
submitted with the plat;
c. To install concrete sidewalks
along south side of Stone Ridge
Place as directed by the City
Engineer and the City Manager;
d. To install water mains in accord-
ance with plans and specifica-
tions filed by the owner in the
office of the City Engineer, City
of Dubuque, Iowa;
e. To install sanitary sewer mains
in accordance with plans and
specifications filed by the own-
er in the office of the City Engi-
neer of Dubuque, Iowa;
f. To construct the foregoing im-
provements in accordance with
plans and specifications approv-
ed by the City Manager, under
the inspection of the City Engi-
50 Regular Session, February 2, 1976_
neer, 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
acceptance by the City of Du-
buque, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Stone Hill Development Corpora-
tion as owner;
L To construct said improvements,
except sidewalks, prior to Febru-
ary 2, 1978, and to construct the
sidewalks prior to February 2,
1980;
Section 3. Stone Hill Develop-
ment Corporation does hereby
covenant and agree with the City
of Dubuque, Iowa, that Stone Hill
Development Corporation shall es-
tablish an Iowa Corporation known
as Stone Hill Community Associa-
tion; said Stone Hill Community
Association shall be a property own-
er's association and provide for
the maintenance, improvement and
development of real property, and
improvements and fixtures located
thereon, described as:
Block 7 in "Phase One of Stone
Hill Community Subdivision
No. 1" in the City of Dubu-
que, Iowa.
Stone Hill Community Association
shall have the power to levy
charges and assessments against
members of said corporation which
shall be liens against the property
owned by the members of said
corporation within "Phase One of
Stone Hill Community Subdivision
No. 1" in the City of Dubuque,
Iowa, for the purposes of main-
taining, developing and improving
Block 7 in "Phase One of Stone
Hill Community Subdivision No. 1"
in the City of Dubuque, Iowa.
Section 4. Block 7 in Stone Hill
Community Subdivision No. 1 in
the City of Dubuque, Iowa is also
known as Common Area which
property shall be maintained for
the purposes identified on the
final development plan and kept
in neat and proper order. The City
of Dubuque, Iowa, shall have a per.
petual easement to enter, and pass
over and upon Block 7 in "Phase
One of Stone Hill Community Sub.
division No. 1" in the City of Du.
buque, Iowa, for such ordinary
maintenance services and emergen•
cy services as are regularly and
customarily provided by the City
of Dubuque, Iowa, in the City of
Dubuque, Iowa, and for such serv-
ices or duties which the City of
Dubuque, Iowa may be obligated
by law to perform on said premis.
es.
a. Certain improvements, as shown
on Improvement Plans on file in
the office of the City Engineer
of Dubuque, Iowa, within Block
7 in "Phase One of Stone Hill
Community Subdivision No. 1"
in the City of Dubuque, Iowa,
shall be public improvements
and are hereby so dedicated to
the City of Dubuque, Iowa. It
is understood and agreed that
upon final acceptance by the
City of Dubuque, Iowa, said im-
provements shall be owned and
maintained by the City of Du-
buque, Iowa.
b. The streets and parking areas
located on Block 7 in "Phase
One of Stone Hill Community
Subdivision No. 1" in the City of
Dubuque, Iowa, shall be private
streets and parking areas and
owned by Stone Hill Community
Association, and shall be held
with other common property
shown upon the Plan within the
jurisdiction of Stone Hill Com-
munity Association, and further
providing that the city may enter
such streets and parking areas
to provide necessary emergency
services or other services or
duties which it may be obligated
by law to perform on the prem-
ises; that the city may enter the
street and perform necessary
maintenance whenever the pri-
vate owner fails to do so, and
assess all cost to such owner.
c. All assessable costs for mainten-
ance or services, described here-
in, performed by the City of
Dubuque, Iowa, on or directly
benefiting, Block 7 in "Phase
One of Stone Hill Community
Subdivision No. 1" in the City
of Dubuque, Iowa, shall be as-
sessed against Stone Hill Devel-
opment Corporation and a lien
upon said real property.
Section 5. That in the event
Stone Hill Development Corpora-
tion shall fail to execute the ac-
ceptance and furnish the security
provided for in Section 2 hereof
within 45 days after the date of
this Resolution, the provisions
hereof shall be null and void and
Regular Session, February 2, 1976 51
the acceptance of the dedication
and approval of the plat shall not
be effective.
PASSED, ADOPTED, AND AP-
PROVED by unanimous recorded
roll call this 2nd day of Febru-
ary, A.D., 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 30.76
We, the undersigned Stone Hill
Development Corporation having
read the terms and conditions of
the foregoing Resolution No, 30-76
and being familiar with the condi-
tions thereof, hereby accept the
same and agree to perform the
conditions required therein.
Dated at Dubuque, Iowa, this
6th day of February, 1976.
Stone Hill Development Corpora-
tion
By/s/ George E. Deininger
Vice President -Owner
TO:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
ity provided by the foregoing
RESOLUTION NO. 30-76 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
6th day of February, 1976.
/s/ Gilbert D. Chavenelle
City Manager
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 31-76
WHEREAS, applications for Liq-
uor 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 ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As.
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
John R. Hirsch, Lorraine's, 206
West 3rd Street
Lorraine A. Fransen, 1900 Tap,
1100 Lincoln Avenue
Rita Clancy, Clancy's Silver Tap,
201 East 22nd Street
Passed, adopted and approved
this 2nd day of February 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 34.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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
John R. Hirsch, Lorraine's, 206
West 3rd Street
Lorraine A. Fransen, 1900 Tap,
1100 Lincoln Avenue
Rita Clancy, Clancy's Silver Tap,
201 East 22nd Street
Passed, adopted and approved
this 2nd day of February 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
52 Regular Session, February 2, 1976
ATTEST:
Leo F. Frommelt IJ
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
Communication of Goodyear Tire
& Rubber Company submitting in-
formation on rubber railroad cross-
ing r;aterial, presented and read.
Mayor Pro -Tem Stackis moved that
the communication be referred to
the City Engineer for investiga-
tion and report. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
There being no further busi-
ness, Councilman Tully moved to
adjourn. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote: t
Yeas — Mayor Pro -Tem Stackis, (`
Councilmen Brady, Tully, Wertz-
berger.
Nays — None.
Absent — Mayor Lundh.
Leo F. Frommelt,
City Clerk
May 10
Approved May 10 1976
Adopted May 10 1976
Special Session, February 9, 1976
CITY COUNCIL
OFFICIAL
Special Session, February 9, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present --Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger, City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had been
duly made and this Meeting is
called for the PURPOSE OF PRE.
SENTING A DOCK BOARD ORD-
INANCE FOR CONSIDERATION
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
Communication of East Central
Intergovernmental Assn, submit-
ting a copy of goals and objectives,
encouraging the Council to adopt
this first published planning tool,
presented and read. Councilman
Brady moved that the communica-
tion be received and filed and re-
ferred to Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Dubuque Ad-
visory Commission submitting min-
utes of their meeting of January 27,
1976, presented and read. Council-
man Wertzberger moved that the
minutes be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Was — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
January 13, 1976, presented and
read. Councilman Wertzberger
moved that the minutes be receiv-
ed and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Councilman Tully moved that
the Council direct the Community
Development Commission to study
this year's Community Block Grant
53
Funds. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Communication of Rehabilitation
Commission submitting minutes of
their meeting of February 3, 1976,
presented and read. Councilman
Wertzberger moved that the min-
utes be received and filed. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Dock
Board submitting minutes of their
meeting of January 28, 1976, and
requesting the Council to reserve
March 17, 1976 to meet with Area
"C" Committee and Federal Offic-
ials relative to Area "C" planning,
presented and read.
Councilman Brady moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Wayne Moldenhauer, Dock Com-
missioner, addressed the Council
in response made by Councilman
Stackis regarding the minutes sub-
mitted by the Dock Board. He stat-
ed no private meetings were held
in his estimation relative to Ecolo-
gy Control request to lease prop-
erty on Dove Harbor; he was grant-
ed permission by the Dock Board
to meet with the Mayor, City Man-
ager and City Engineer relative to
the Ecology Control Lease and di-
rected to report back to the Com-
mission.
Councilman Stackis moved that
the minutes of the Dock Board be
received and filed and meeting date
of March 17th be approved. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Comunication of Phil Badger ob-
jecting to grief being caused in the
neighborhood of Gomers at 1105
Universtiy Ave. as the result of
excessive noise, profane language,
and parking problems, presented
54 Special Session, February 9, 1976
and read. Councilman Stackis mov-
ed that the communication be re-
ferred to City Manager and Police
Chief for investigation and report.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque Beau-
tification Committee offering the
"Dubuque—A Place to Live" sign
on the footbridge over Highway 20
near St. Joseph's Church, to the
City, presented and read. Harry
Neustadt of the Beautification
Committee addressed the Council
stating there was no way the Com-
mitte could assume responsibility;
Best way to get sign put in place
would be to prematurely give the
sign to the City.
Councilman Tully moved that
the communication of Beautifica-
tion Committee be received and
filed and offer be accepted. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully Wertzberger.
Nays — None.
Printed Council proceedings for
the month of November and De-
cember, 1975, presented for Coun-
cil approval. Councilman Brady
moved that the Council Proceed•
ings be approved as printed. Sec•
onded by Councilman Stackis. Car•
ried by the following vote:
Yeas—Mayor Lundh, Councilmer
Brady, Stackis, Tully, Wertzberger
Nays — None.
AN ORDINANCE amending Ord
inance No. 181 by repealing Sec
tion 7 thereof and repealing Sec
tion 9 thereof and enacting a nev
Section 7 and a new Section 9 ii
lieu thereof, respectively, defining
the Powers and Duties of the Du
buque Dock Board, presented ani
read.
Councilman Brady moved tha
the Ordinance be referred to
work shop, determined by th
Mayor, to be held on February if
1976, at 7:30 o'clock P.M. in th
Council Chambers at City Hal.
Seconded by Councilman Wert:
berger. Carried by the followin
vote:
Yeas—Mayor Lundh, Councilma
Brady, Stackis, Tully, Wertzberge:
Nays — None.
AN ORDINANCE to require the
lisclosure by retail distributors
f retail unit prices of consumer
ommodities sold, offered to be
old, or displayed for sale in the
,ity of Dubuque, Iowa, presented
ind read. Councilman Brady moved
hat the ordinance be referred to
;itizens Advisory Commission to
inalyze same and urging them to
fold hearings on the matter and
ging back to Council with sug.
vested revisions or acceptance of
:he ordinance. Seconded by Coun.
,iiman Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
February 6, 1976
Honorable Mayor
and City Council
This is to advise you that Mr.
Zurcher has filed plat, resolution
and ordinance for the vacation of
alley at the west end of Marquette
Place. Mr. Zurcher has paid for
said survey of alley and has had
plat made of said alley designating
alley as Lot 1A in Glendale Addi-
tion No. 3.
Due to the fact Mr. Zurcher
owns the property on both sides
of alley, it is my recommendation
that said alley be vacated and
deeded to Mr. Zurcher at the cost
of advertising of publication and
filing cost.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 33.76
WHEREAS, there has been pre-
sented to the City Council of the
City of Dubuque, Ia., a plat, dated
January 15, 1976, prepared by
Cullen, Kilby, Carolan and AssOci-
ates, P.C., professional engineers
and land surveyors, covering a
vacated alley, located between Lot
1 of Audubon Addition, Lot 308
and Lot 2 of 309 of Glendale Addi-
tion No. 3, in the City of Dubuque,
Ia.; and
WHEREAS, said plat conforms
to the laws and statues pertaining
thereto;
Special Session, February 9, 1976 55
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IA.:
Schon 1. That the plat dated
January 15, 1976, prepared by Cul-
len, Kilby, Carolan and Associates,
p,C., professional engineers and
land surveyors, covering the real
estate hereinabove described, be
and the same is hereby approved
and that the Mayor and City Clerk
be and they are hereby authorized
and directed to execute said plat
for and on behalf of the City of
Dubuque, Ia.
Section 2. That the City Clerk be
and he is hereby authorized and
directed to file said plat and cer-
tified copy of this Resolution in
the office of the recorder in and
for Dubuque County, Ia.
Passed, approved and adopted
this 9th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
AN ORDINANCE vacating a dedi-
cated alley located between Lot
1 of Audubon Addition, Lot 308
and Lot 2 of 309 of Glendale Ad-
dition No. 3 in the City of Du-
buque, presented and read. Coun-
cilman Stackis moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken be dispensed
with. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on March 1, 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 hearing in
the manner required by law. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Linda Puls, as repre-
sentative of Girl Scout Cadette
Troops #81 and #162, requesting
permission to address the Council
concerning endorsement as repre-
sentatives for the City on their
Bicentennial Committee, preesnted
and read.
Linda Puls addressed the Coun-
cil stating the Girl Scout Troops
would like to represent the City as
official representatives; there will
be 47 people on the tour; request-
ing possible proclamation and reso-
lution endorsing same.
Councilman Stackis moved that
the petition of Linda Puls be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Fred J. Gibson & Co.
Realtors, requesting the rezoning
of Easterly % of Lot 3 in John P.
Mettels Subdivision No. 2 from
11-5 to OR -1 Zoning Classification
(3422 Asbury), presented and read.
Councilman Stackis moved that
the petition be referred to Plan-
ning & Zoning Commission for
proper procedure. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Dubuque Area Proj-
ect Concern for the Elderly & Re-
tired Inc. requesting appointment
of a designate from the Council to
serve on their Board, presented
and read. Councilman Tully moved
that the petition be received and
filed and request be denied. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
56 Special Session, February 9, 1976
Yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays — None.
Abstain — Councilman Stackis.
Petition of St. Columbkille's
School inviting the Council to join
in the celebration of one of their
school liturgies during Catholic
School Week of February 8th to
14th, presented and read. Mayor
Lundh moved that the petition
be received and filed. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas.—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Alpha Phi Omega
National Service Fraternity at Lor -
as College requesting permit to
distribute tags and accept contri-
butions on March 20th; also to
declare said date an official day
for "Shamrocks for Dystrophy,"
presented and read. Councilman
Brady moved that the permit be
granted subject to approval of the
City Manager. Seconded by Coun-
cilman Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Ruth & Russell Nash
requesting amendment of the pres-
ent Zoning Ordinance to permit
low -impact shops, art galleries,
florists and gift shops to be added
as allowable uses in 0-R Zones,
presented and read.
Russell Nash addressed the
Council stating there was no Spec-
ial Hearing as to their permit be-
ing denied; all relative to their
4th Street project as to possible
Historic Zoning. They are seeking
change to include galleries, etc., in
0-11 Zones and are presently operat-
ing under a definite contraction.
Councilman Stackis moved that
the petition of Ruth & Russell
Nash be referred to Planning &
Zoning Commission to consider re-
storing to original Historical Zon-
ing Classification; also refer to
4th Street Neighborhood. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays — None.
February 6, 1976
Honorable Mayor
and City Council
As a requirement
of receiving
Federal Aid to Urban Systems
funds for the reconstruction of
Jackson Street, it is necessary
that official notice be published
that the City is requesting approv.
al from the Federal Highway Ad.
ministration on the "Location and
Design" of the proposed work.
The attached Resolution author.
izes the City Clerk to publish such
notice of the City's intent and a
brief description of the scope of
the work.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 34.76
WHEREAS, the City of Dubuque
has applied to the Iowa Depart-
ment of Transportation for fund-
ing of the reconstruction of Jack-
son Street from 12th to Diamond,
and
WHEREAS, the Iowa Depart-
ment of Transportation has re-
viewed the application and is re-
questing Federal Highway Admin-
istration approval of the Location
and Design Study, and
WHEREAS, it is required by the
Federal Highway Administration
that Public Notice be given that
the Iowa Department of Transpor-
tation is applying for approval of
the Location and Design Study.
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
City Clerk shall publish said no-
tice as shown on the attached "Ex-
hibit A."
Passed, adopted, and approved
this 9th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop•
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Special Session, February 9, 1976 S7
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Dubuque
Chapter Citizens for Decency
through Law by Mrs. Mary Lee
Marting submitting a resolution
against pornography to be read
at the Council meeting of February
9th, presented and read. Council-
man Tully moved that the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 35-76
Be it resolved that the City
Council of Dubuque, Iowa, go on
record as supporting the efforts of
our State Legislators in seeking
out and enacting laws that pro-
scribe commercial exhibition, sale
and distribution of obscene mater.
ials and pornography within con.
stitutional limits.
Passed, adopted and approved
this 9th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 36.76
WHEREAS, applications for Liq-
uor 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 ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As.
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Gerald C. Kirchberg, Bottle Stop
Lounge, 3203 Jackson Street
Melvin A. Spiegelhalter, Dubuque
Bowling Lanes, 10294 Main St.
(Sunday Sales Only)
Passed, adopted and approved
this 9th day of February 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 37.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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 is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Gerald C. Kirchberg, Bottle Stop
Lounge, 3203 Jackson Street
Melvin A. Spiegelhalter, Dubuque
Bowling Lanes, 1029% Main St.
(Sunday Sales Only)
Passed, adopted and approved
this 9th day of February 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
58 Special Session, February 9, 1976
Yeas—MayorLundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Commuunication of Recreation
Commission submitting a pay
schedule for the Five Flags Thea-
ter Manager, presented and read.
Councilman Wertzberger moved
that the communication be re-
ceived and filed and plan as sub-
mitted be approved. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Councilmen Stackis, Tully,
Wertzberger.
Nays —Mayor Lundh, Counic' -
man Brady.
Following discussion on the Na-
tional Guard Armory location af-
ter Dan Dittemore's report as to
location offer from Dubuque Com-
munity School Board, Councilman
Brady moved to refer the subject
to next week's meeting and to the
City Manager for study and re-
port. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Brady moved to dis-
cuss the Mayor's Industrial Devel-
opment Advisory Committee situa-
tion at the Council work session on
February 19, 1976. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Councilman Tully moved to rat-
ify and confirm Mayor Lundh's ac-
tion with the County Board of Su-
pervisors as to compatible Zoning
within the 2 mile limit of the City.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved .................................... May 10
`- Councilmen
At ,-c-
ity Clerk
Special Session, February 16, 1976 59
CITY COUNCIL
OFFICIAL
Special Session, February 16,
1976.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON.
SIDERING AN ORDINANCE TO
AMEND ZONING ORDINANCE
NO. 32-75 BY ZONING AND
CLASSIFYING RECENTLY AN.
NEXED PROPERTY (KOPPER.
POWERS) IN DUBUQUE HOMES
CENTER GROVE PLACE and act-
ing upon such other business as
may properly come before a Reg-
ular Meeting of the Council.
Communication of Iowa Depart-
ment of Environmental Quality ap-
proving sanitary and functional
features of Water Main Exten-
sions of Judson Drive, Vail Trail,
and Powers Court, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
man Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of William B.
Jones objecting to Council's action
taken at last meeting in accepting
the anti -obscenity proposal and
requesting reconsideration of the
decision, presented and read.
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council.
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Counicil-
men Brady, Stackis, Tully, Wertz-
berger.
Nays --None.
Communication of Jean E. Pet-
erson of 2900 Brunswick indicat-
ing alarm as to large open runoff
sewer drains in the City, especial -
1Y along Windsor Avenue, and fur-
ther objecting to the loud music
coming from the Comiskey lee
Rink, presented and read. Coun-
cilman Stackis moved that the
communication be received and
filed and referred to the City
Manager. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of Feb-
ruuary 9, 1976, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Federal Com-
munications Commission, seeking
clarification of various sections of
TV Franchise Ordinance No. 25-
63, such as ratification by voters,
rate structure, technical standards,
interruption of service and local
originated programming, presented
and read. Councilman Brady moved
that the communication be re-
ceived and filed and referred to
the City Manager and City Solici-
tor. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Paul From -
melt of 2525 St. Anne Drive direct-
ing attention to the race track be-
tween Wilbricht Lane and St. Anne
Drive, being a roadway in Flora
Park designated as a park road
and praying for relief of excessive
noise, bottle throwing, profane lan-
guage and etc., presented and read.
Councilman Stackis moved that the
communication be received and
filed and referred to the Traffic
Department, City Manager and
Park Board for investigation and
report. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Attorney Al-
fred Hughes, representing Du-
60 Special Session, February 16, 1976
buque Packing Company, as to the
purchase of the Janlin Plastic
Plant by his client, and according
to a survey of the building prem-
ises, a portion of the front corner
of the building extends onto right
of way in Kerper Blvd., and re-
questing vacation and conveyance,
presented and read. Councilman
Stackis moved that the communi-
cation be received and filed and
referred to the City Manager for
proper proceedings. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas —'_Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
February 10, 1976, presented and
read. Councilman Tully moved that
the minutes be received and filed.
Seconded by Councilman Wertzber-
ger. Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 38.76
Authorizing Publication of Notice
of Public Hearings for the Use
of Community Development
Block Grant Funds
WHEREAS, the City of Dubuque
is entitled under Title I of the
Housing and Community Develop-
ment Act of 1974 to certain Com-
munity Development Block Grant
funds; and
WHEREAS, the regulations gov.
erning the submission of an ap-
plication for such funds requires
that citizens b^ provided with ade-
quate information concerning the
Community Development Block
Grant program and an adequate op•
portunity to participate in the de.
velopment of the application and
in the development of any revi.
sions changes or amendments; and
WHEREAS, it is deemed to be
in the best interests of the Com-
munity Development Block Grant
program to hold certain public
hearings to supplement previously
held neighborhood meetings, city.
wide meetings, meetings with pub
lic and private agencies, City Man
ager's budget meeting and the var•
ious meetings conducted by the
"ommunity Development Commis.
sion; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
SECTION 1. That the City Clerk
be and he is hereby authorized
and directed to publish notice of
public hearings in the form of
Exhibit "A" attached hereto and
made a part hereof.
Passed, approved and adopted
this 16th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
Public Hearings
Pursuant to Title I of the Hous-
ing and Community Development
Act of 1974, the City Council of
the City of Dubuque will hold two
public hearings for the purpose of
obtaining the views of residents
of the city on community develop-
ment and housing needs.
A summary of eligible activities
that may be undertaken with Com-
munity Development Block Grant
funds, a summary of activities pro-
posed to be undertaken for the
year beginning July 1, 1976 and
the Citizens Participation Plan are
on file and available at the Depart-
ment of Commuunity Development,
480 Fischer Building, Dubuque,
Iowa, between the hours of 8:00
AM and 5:00 PM except Saturdays
and holidays. Additional informa-
tion concerning the Community
Development Block Grant program
may be obtained from John R.
Grau or Gent M. Wittenberg of the
Department of Community Devel-
opment (319-588-0017).
The public hearings will be held
in City Council Chambers, City
Hall, 13th and Iowa Streets, Du-
buque, Iowa, at 7:30 PM both on
March 1 and March 8, 1976. Any
person or organization desiring to
be heard will be given an oppor.
tunity to express their views on
community development and hous-
ing needs.
2t. 2-24, 3-2
Leo F. Frommelt
City Clerk
Special Session, February 16, 1976 61
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 13, 1976
Honorable Mayor and
City Council
The City Council has instructed
that our department prepare an
analysis and recommendation for
an annexation policy. It was fur-
ther understood that we w, re to
report to you on this matter in
mid-February. This is to inform
you that staff work on the anal-
ysis and plan formulation portions
of this project are now drawing
to a close, and that we are able
to begin discussion of the matter
with you.
You are aware, of course, that
this project has been underway in-
termittently for over two years.
The subject of urban growth and
annexation has become quite com-
plex, for reasons we would ex-
plain in the future. For the pres-
ent, you should know that we have
found it necessary to examine, in
varying levels of detail, the fol-
lowing elements:
1. Historical growth trends in the
urban area.
2. Economic development trends
and a forecast of changes in
various components of the lo-
cal economy.
3. A forecast of population
change.
4. A forecast of household forma-
tion rates and characteristics
Of household size and income
levels.
5. A study of future demand for
various types of housing.
6. A study of the area of land
needed to accommodate fu-
ture housing demand.
7• A forecast of future commer-
cial activity, and of the need
for additional commercial land
area.
8. A forecast of future industrial
development, and the need for
additional industrial sites.
9. A study of the existing and
Potential deficiencies in san.
itation and water supply in
the urban fringe, and the need I
for access to public sewer and
water facilities.
10. A study of topographical char-
acteristics and other con.
strains upon development on
land in and around the city.
Il. A study of the availability of
public services and facilities
on the urban fringe, and of
excess capacity in those facil-
ities.
12. Derivation of a tentative land.
use plan for the urban fringe.
The second part of our annexation
study has focused in more detail
on the fiscal impacts of city -spon-
sored growth, and has included the
following elements:
13. A study of current city service
costs for residential, commer-
cial and industrial develop-
ment.
14. An identification of sectors in
which urban growth needs
could be most efficiently
served.
15. A projection of the potential
rates of development within
delineated study zones.
16. A survey of existing land -
uses and assessed values in
study zones.
17. A study of principal capital im-
provement requirements with-
in study zones, and an esti-
mate of construction sched-
ules.
18. A determination of annual in-
debtedness resulting from an-
nexation area capital improve-
ments.
19. A study of annual service and
operating cost increases re-
sulting from annexation area
development.
20. A study of tax yields and oth-
er revenue derived from an-
nexation zones, and a deter-
mination of surplus revenue
available to service capital
debt.
21. A determination of feasible
debt retirement schedules, in.
cluding planned city capital
debt and debt incurred through
annexation.
22. Determination of a final staff
recommendation for annexa-
tion, including recommenda-
tions for compatible planning
and zoning policies within the
urban area.
We do not expect that the Coun-
cil will wish to review the de.
62 Special Session, February 16, 1976
tails of each of the elements noted
above. However, we do hope to
present an overview of these var-
ious studies to you so that you
might more fully comprehend the
implications of our urban growth
forecasts and annexation propos-
als. We feel this could be accom-
plished in not less than two work
sessions, and would recommend
that three work sessions would
permit a better opportunity to con-
sider the important policy areas
contained within the study.
We must also report to you that,
while our data collection, research,
and plan formulation efforts are
now complete, we have only begun
to consolidate these materials into
narrative report form. We feel
that preparation fo a final written
report will be necessary for sub-
mission to the City Development
Board and to others who may have
an interest in this work. Prepara-
tion of the final report may go
forward simultaneously with your
own review of the draft material,
and this process would permit
Council and managerial input to
be reflected in the final draft doc-
ument. We expect that this final
phase could be concluded within
one month, at which time a fully -
documented annexation petition
could be submitted to the state re-
view agency.
We await your instruction.
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received
and filed and a work session with
Council and Planning & Zoning
Commission be held on Tuesday,
February 24th, at 7:30 P.M. in the
Council Chambers at City Hall.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing to amend Zoning
Ordinance No. 32-75 by zoning
and classifying recently annexed
territory in Dubuque Homes Cen.
ter Grove Place as a C-3 Arterial
Business Commercial District, pre.
sented and read. No written ob•
jections were filed and no oral
objectors were present in the
Council Chamber at the time set
for the hearing. Councilman Stack -
is moved that the proof of publi.
cation be received and filed. Sec.
onded by Councilman Wertzber-
ger. Carried by the following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
ORDINANCE NO. 4.76
An Ordinance Amending and
Changing Ordinance No. 32.15,
known as the "Zoning Ordi.
nance and Zoning Map of the
City of Dubuque, Iowa," which
amendment shall zone and clas.
sify territory recently annexed
to the City of Dubuque, Iowa,
in Dubuque Homes Center Grove
Place, in a C-3 Arterial Business
Commercial District, which real
estate is hereinafter described,
Said Ordinance having been pre.
viously presented and read at the
Council meeting of January 26,
1976, presented for final adoption.
ORDINANCE NO. 4.76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDI-
NANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA," WHICH
AMENDMENT SHALL ZONE AND
CLASSIFY TERRITORY RECENTLY
ANNEXED TO THE CITY OF DUBU-
QUE, IOWA, IN DUBUQUE HOMES
CENTER GROVE PLACE, IN A C-3
ARTERIAL BUSINESS COMMERCIAL
DISTRICT, WHICH REAL ESTATE IS
HEREINAFTER DESCRIBED
WHEREAS, the real estate hereinafter
described was recenly annexed to, and
became part of the City of Dubuque,
Iowa, by Resolution No. 453-75 of the
City Council, passed, approved and adopted
at its meeting of December 22, 197$,
which annexation was upon voluntary
petition, and
WHERL•AS, the Planning and Zoning
Commission of the City of Dubuque, Iowa,
has approved and recommended that said
territory recently annexed and hereinafter
described be zoned and classified as a 11C.3
Arterial Business Commercial District."
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUI•:, IOWA:
SECTION 1. That Odinance No. 32.75,
known as the "Zoning Ordinance and
Taming Map of the City of Dubuque.
Iowa," be and the same is hereby amended
by zoning and classifying recently an-
nexed territory, hereinafter described, as a
"C-3 Arterial Business Commercial Dis-
trict," to -wit:
Special Session, February 16, 1976 63
"Lot 2 of Lot 1 of Dubuque Homes
Center Grove Place; and Lot 2 in Du.
buque Homes Center Grove Place No.
2; and Lot 2 of Lot I in Dubuque
Homes Center Grove Place No. 2, all
in Section 28, Township 89 North,
Range 2 East of the 5th Principal
Meridian, Dubuque Township, Dubu-
que County, Iowa, consisting of 5.029
acres more or less; and all of that part
of the right-of-way of U.S. Primary
Highway 20 in the North %2 of the
Southeast !i of Section 28, Township
89 North, Range 2 East of the 5th
Principal Meridian, Dubuque Town-
ship, Dubuque County. Iowa, from
Station 2363 plus 17.4 westerly to
Station 1247 plus 38, as shown upon
the official highway record, ca. 1949,
and consisting of 16.182 acres."
SECTION 2. That said territory be and
the same shall be in and become part of
the Thirteenth Voting Precinct of the
City of Dubuque, Iowa.
Passed, approved and adopted this 16th
day of February, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this 19th day of Febru-
ary 1976.
Leo F. Frommelt,
It 2/19 Citv Clerk
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Wertzber-
ger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Colt .45 Drum & Bu-
gle Corps requesting permission
to conduct a parade on June 20,
1976, presented and read. Council-
man Brady moved that the request
be approved subject to final ap-
proval of the City Manager. Sec-
onded by Councilman Wertzber-
ger. Carried by the following vote:
Yeas — Mayor Lundh. Council-
men Brady, Stackis, Tully, Wertz-
berger.
NaYs--None.
Petition of Peoples Natural Gas
requesting permission to cut two
4' X 6' holes on East 14th Street
to repair services lines, presented
and read. Councilman Stackis
moved that the request be ap-
proved. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Richard V. McKay
et al (33 signers), Arrowhead
Drive and Indian Ridge residents,
requesting more police protection
for the area, presented and read.
Councilman Tully moved that the
petition be received and filed and
referred to the City Manager. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Petition of Mettel Realty & In-
vestment Co. requesting permis-
sion to install street lighting with
underground cable in Admiral
Street in Block 16 and 17 in Met -
tel -Bryne Addn., presented and
read. Councilman Stackis moved
that the request be approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Veterans of Foreign
Wars requesting permission to con-
duct their annual Poppy Buddy
Sale on May 14th and 15th, pre-
sented and read. Councilman
Wertzberger moved that the re-
quest be approved and referred
to the City Manager for imple-
mentation. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
A Resolution, presented by
Councilman Brady, requesting
City Manager to give serious con-
sideration to the addition of more
police to the force and likewise
seriously consider planning for
such addition to the 1976.77 Fis-
cal Budget prior to its presenta-
tion to the Council, was read.
Councilman Brady moved adop-
tion of the resolution. Seconded
by Councilman Stackis. VOTE ON
THE MOTION WAS AS FOL-
LOWS:
64 Special Session, February 16, 1976
Yeas — Councilmen Brady,
Stackis.
Nays—Mayor Lundh, Council-
men Tully, Wertzberger. MOTION
FAILED.
RESOLUTION NO. 39-76
BE IT RESOLVED, that the Du-
buque City Council direct the City
Manager to study and implement,
as appropriate, ways to improve
police efforts to deter crimes of
vandalism and burglary. The City
Manager's study should include,
but not be limited, to,
1. the possible addition of offi-
cers to the police force:
2. the possible re -alignment of
shifts to place more officers
on the streets during the peak
times of vandalism and bur-
glary;
3. the possible re -alignment of
police work priorities:
4. possible changes needed in the
court and parole system.
The City Council is further re-
solved to consider increased fund-
ing for the Police Department if
such is necessary to curb crimes
against property.
The City Council also directs
the City Manager to be prepared
to discuss this matter during the
budget hearings. Passed, adopted
and approved this 16th day of
February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr
Richard Wertzberger
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Tully, Wertzberger.
Nays — Councilmen Brady,
Stackis.
Proof of Publication, certified to
by the Publisher, of Notice of
Pendency of Resolution of Neces.
sity for public improvement and
hearing on plans, specs., etc. for
construction of J.F.K. Road San-
itary Sewer Extension, East Side,
presented and read. No written
objections were filed prior to the
time set for the hearing. Council.
man Stackis moved that the proof
of publication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Statement of City Clerk, certi.
fying that notices of public hear.
ing on resolution of necessity
were mailed by certified mail on
.January 29, 1976, to property
owners of record subject to pay.
ment of assessed costs for con-
struction of J. F. K. Road Sani-
tary Sewer Extension. East Side,
presented and read. Councilman
Stackis moved that the Statement
of City Clerk be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if
they so desire. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
David Unsen, Lyle Cardy, Carl
Thumser and Clarence Reisen, all
property owners subject to assess-
ment, addressed the Council stat-
ing construction of the sewer at
this time is of no value; objecting
to assessment costs, requesting
lower assessment or split the
costs; also objecting to amounts
needed for seeding, a wall and
Engineering Costs involved.
Decision of Council upon objet,
tions to plans, specifications, form
of contract and cost of improve-
ments.
RESOLUTION NO. 40.76
WHEREAS, proposed plans and
specifications and form of con-
tract for the John F. Kennedy
Road Sanitary Sewer Extension,
East Side have been approved by
the City Council of the City of Du-
buque and public notice given as
provided by Chapter 23 of the
Code of Iowa, 1975, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
Special Session, Fehniary 16, 1976 65
plans, specifications or contract
for or cost of such improvements,
said time being this 16th day of
February, 1976; and
WHEREAS, the City Council
met in special session this 16th
day of February, 1976, at 7:30
o'clock P.M. at the Council Cham-
bers in the City Hall for the pur-
pose of hearing all interested par-
ties and considering any and all
objections which have been filed
to the proposed plans, specifica-
tions or contract for or cost of the
improvement herein described and
proposed to be made; and
WHEREAS, all interested par-
ties have been given an opportun-
ity to be heard and all objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby over-
ruled and such plans, specifica-
tions and form of contract hereto.
fore approved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Passed, adopted and approved
this 16th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the: resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Weriz-
berger.
NaYs+--None.
(Necessity for Improvement)
RESOLUTION NO. 17.76
WHEREAS, proposed plans,
specifications, form of contract,
Plat and schedule have been duly
prepared and approved by the
City Council of the City of Du-
buque are now on file in the office
of the City Clerk showing among
other things the following:
The size and kind of sewers.
F,ach lot proposed to be assessed
together with a valuation fixed by
the council.
An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
In each case the amount thereof
which is estimated to be assessed
against each lot, for the John F.
Kennedy Road Sanitary Sewer Ex-
tension, East. Side.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare to
make herein mentioned improve-
ment, and unless property owners
at the time of the final considera-
tion of this proposed resolution
have on file with the City Clerk
objections to the amount of the
proposed assessments, they shall be
deemed to have waived all objec-
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned proper-
ty lying within assessable distance
provided by law and in an amount
not to exceed the amount provided
by law, property will be assessed
whether the same abuts thereon or
is adjacent thereto according to
area and in proportion to the spec-
ial benefits conferred thereby, and
any deficiency shall be paid out of
the sewer funds, Sewer Bonds shall
be issued and Sold in anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
86 Special Session, February 16, 1976
contractor. The railway portion of
any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
26th day of January, 1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this 16th
Day February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Leo E. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Ordering Construction)
RESOLUTION NO. 41-76
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a
resolution of necessity No. 17-76
which was duly passed by this
Council, for the John F. Kennedy
Road Sanitary Sewer Extension,
East Side be and the same are
hereby ordered and constructed by
this Council upon its own motion
and with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property ly-
ing within the assessable distance
from the improvements, whether
such property abut upon the same
or are adjacent thereto, according
to the area thereof and in propor-
tion to the special benefits con.
ferred, and any deficiency will be
paid out of the sewer funds of the
city. Payments will be made to
the contractor out of funds real-
ized from the sale of bonds or with
Sewer Bonds to be issued in antici-
pation of deferred payments of as.
sessments as provided by law after
the work has been completed and
accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk he and he is
hereby ordered and directed to
advertise for proposals for the con.
struction of the various improve.
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 60 days after notice
to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 16th day of February, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays — None.
February 9, 1976
Honorable Mayor
and City Council
The construction of the Center
Grove Valley 18" sanitary sewer
has been completed and accepted
by the staff and the City Council.
Therefore, we recommend a Reso-
lution be passed establishing the
connection charge to said sewer.
This is the method used to finance
the City's share of the cost.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
ly, Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 42.76
Resolution establishing a Connec•
tion Charge for the Center Grove
Valley Sanitary Sewer 1972, an
eighteen (18) inch Sanitary Sew•
Special Session, February 16, 1976 67
or constructed from existing Cat.
fish Creek Sewer to a point
12,417 feet Westerly.
WHEREAS, the City Engineer
has inspected and the City Manager
of the City of Dubuque, Iowa, has
accepted said sewer, and
WHEREAS, the City Engineer
has filed with the City Council, a
certified statement showing that
all the grants are paid in connec.
tion with the construction of said
sewer, including engineering and
inspection fees, amounting to
$299,440.68, and
WHEREAS, the Department of
Housing and Urban Development,
has participated with the City of
Dubuque, Iowa, in a grant pro.
gram, in the construction of said
sewer, and
WHEREAS, the City of Dubuque,
Iowa, has received from the De-
partment of Housing and Urban
Development $102,616.81, the City
of Dubuque, Iowa, construction cost
of said sewer is $196,823.87.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That any person or
persons desiring to connect with
said sewer shall first apply to the
City Manager of the City of Du-
buque, Iowa, for permission to do
so, and such permission shall be
granted upon condition that the
applicant shall pay $7.93 per lineal
foot, to the City of Dubuque, Iowa,
for the account of the City of Du-
buque, Iowa, of a connection
charge.
Section 2. Any applicant who de-
sires to serve his property by con.
necting to said sewer, which prop-
erty is not within the corporate
limits of the City of Dubuque,
Iowa, shall annex the same to the
City of Dubuque, Iowa, voluntarily,
as a condition precedent to such
connection.
Section 3. However, nothing in
this Resolution shall be construed
to exact any charge for any exten-
sion of said sewer by the City of
Dubuque, Iowa, or its permittee.
Section 4. That the City Clerk be
and he is hereby authorized and
directed to record a certified copy
Of S Resolution in
ce
Of the County Recordert of Duhe bu.
que County, Iowa.
Passed, adopted and approved
this 16th day of February 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
February 13, 1976
Honorable Mayor
and City Council
Enclosed are copies of the pro-
posed sewage contracts for the in-
dustrial users of our Wastewater
Treatment Plant.
These contracts have been re-
viewed by the Environmental Pro-
tection Agency and the Depart-
ment of Environmental Quality,
and have met with their regula-
tions.
A summary of the contributions
of the four industries is as follows:
Dubuque Packing Company
This is an amendment to the
present contract dated September
10, 1968 and will be in effect un-
til November 1, 1988. Payments
are retroactive to July 1, 1974, and
will amount to $18,334.00 monthly.
Celotex Corporation
This is an amendment to the
present contract dated December
23, 1968 and will be in effect
through November 1, 1988. The
contract calls for payment of
$69,800 for each of the first five
years of the contract beginning
July 1, 1975. Monthly payments
are to be $1,250 from July 1, 1975
and July 1, 1976. Beginning July 1,
1976 the monthly payments shall
be increased to $12,959.
Dubuque Tank Terminal Com-
pany
The 20 year contract is to be
effective July 1, 1975 and will con-
sist of the following payment
schedule:
July 1975—July 1980 $919. monthly
July 198"uly 1998 $542, monthly
Inland Molasses Company
68 Special Session, February 16, 1976
The 20 year contract is to be
effective July 1, 1975 and will
consist of the following payment
schedule:
July 1975 -July 1980 $3,659. monthly
July 1980july 1995 $2,183, monthly
I would recommend acceptance
of the contracts as proposed.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 43-76
Resolution approving Amendment
to Sewer Service Agreement by and
between the City of Dubuque, Iowa
and Dubuque Packing Company,
dated December 31, 1975.
WHEREAS, the City of Dubuque,
Iowa and the Dubuque Packing
Company have for some period of
time been negotiating for terms
and agreements pertaining to an
amendment to the Sewer Service
Agreement executed by and be-
tween the parties, dated Septem-
ber 10, 1968; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has ex-
amined said Amendment to the
Sewer Service Agreement and finds
that said Amendment to said Sewer
Service Agreement, dated Decem-
ber 31, 1975 should be approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Amendment
to the Sewer Service Agreement
dated December 31, 1975, which
Amendment to Agreement is mark-
ed Exhibit "A" and is hereto at-
tached and by reference made a
part hereof as though fully set out
herein be and the same is hereby
approved, ratified and confirmed
Section 2. That the City Managet
be and he is hereby authorized
and directed to execute said Agree
ment for and on behalf of the Citi
of Dubuque, Iowa and that the
City Clerk execute said Agreement
for and on behalf of the City of
Dubuque, Iowa.
Passed, approved and adoptee
this 16th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr,
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain -- Councilman Wertz,
berger'.
RESOLUTION NO. 44-76
Resolution approving Amendment
to Sewer Service Agreement by
and between the City of Dubuque,
Iowa and Celotex Corporation Dat-
ed February 13, 1976.
WHEREAS, the City of Dubuque,
Iowa and the Celotex Corporation
have for some period of time been
negotiating for terms and agree-
ments pertaining to an amendment
to the Sewer Service Agreement
executed by and between the par-
ties, dated December 23, 1968; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has ex-
amined said Amendment to the
Sewer Service Agreement and
finds that said Amendment to said
Sewer Service Agreement, dated
February 13, 1976 should be ap-
proved.
NOW THEREFORE BE IT R11
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
I
IOWA:
Section 1. That the Amendment
to the Sewer Service Agreement
dated February 13, 1976, which
Amendment to Agreement is mark-
ed Exhibit "A" and is hereto at-
tached and by reference made a
part hereof as though fully set
out herein be and the same is
hereby approved, ratified and con-
firmed.
Section 2. That the City Man-
ager be and he is hereby author-
ized and directed to execute. said
Agreement for and on behalf of
the City of Dubuque, Iowa and
that the City Clerk execute said
Agreement for and on behalf of
the City of Dubuque, Iowa.
Passed, approved andadopted 1
this 16th day of February, 1976.
Special Session, Febniary 16, 1976 89
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 45-76
Resolution approving Sewer Serv-
ice Agreement by and between the
City of Dubuque, Iowa and Dubu.
que Tank Terminal Company, dated
February 13, 1976.
AWEREAS, the City of Dubuque,
Iowa and the Dubuque Tank Term-
inal Company have for some per-
iod of time been negotiating for
terms and agreements pertaining
to a Sewer Service Agreement; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has ex-
amined the Sewer Service Agree-
ment and finds that said Agree-
ment dated February 13, 1976
should be approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Sewer Serv.
ice Agreement, dated February 13,
1976, which Agreement is marked
Exhibit "A" and is hereto attached
and by reference made a part here-
of as though fully set out herein
be and the same is hereby ap-
proved, ratified and confirmed.
Section 2. That the City Manager
be and he is hereby authorized and
directed to excute said Agreement
for and on behalf of the City of
Dubuque, Iowa and that the City
Clerk execute said Agreement for
and on behalf of the City of Du-
buque, Iowa.
Passed, approved and adopted
this 16th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor I.undh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 46.76
Resolution Approving Sewer Serv.
ice Agreement by and between the
City of Dubuque, Iowa and Inland
Molasses Company, dated Febru-
ary 13, 1976.
WHEREAS, the City of Dubuque,
Iowa and the Inland Molasses Com-
pany have for some period of time
been negotiating for terms end
agreements pertaining to a Sewer
Service Agreement; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has ex.
amined the Sewer Service Agree-
ment and finds that said Agree-
ment dated February 13, 1976
should be approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Sewer Serv.
ice Agreement dated February 13,
1976, which agreement is marked
Exhibit "A" and is hereto attached
and by reference made a part here-
of as though fully set out herein
be and the same is hereby approv-
ed, ratified and confirmed.
Section 2. That the City Manager
be and he is hereby authorized and
directed to execute said Agreement
for and on behalf of the City of
Dubuque, Iowa and that the City
Clerk execute said Agreement for
and on behalf of the City of Dubu-
que, Iowa.
Passed, approved and adopted
this 16th day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
70 Special Session, February 16, 1976
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzber'ger.
Nays — None.
RESOLUTION NO. 47.76
Resolution Approving the Plat
of Blocks 1 through 7 each in
"Phase One of Stone Hill Com-
munity Subdivision No. 1" in the
City of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Blocks
1 through 7 each in "Phase One of
Stone Hill Community Subdivision
No. 1" in the City of Dubuque,
Iowa,
WHEREAS, upon said plat ap-
pear a street to be known as Stone
Ridge Place, which the Owner by
said plat has dedicated to the pub-
lic forever; and
WHEREAS, there are on file in
the office of the City Engineer of
Dubuque, Iowa Improvement Plans
and accompanying specifications
showing location and grade of san-
itary sewer, water, street pave-
ment, sidewalk and drainage facil-
ities within the area shown on said
plat; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its
approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relat-
ing thereto, except that street
grades have not been established,
the street brought to grade, or pav-
ing, or storm sewer installed;
WHEREAS, there was passed,
adopted and approved by unani.
mous recorded roll call the 2nd
day of February, A.D. 1976, Reso
lution No. 30-76 which pertains
to the above described real prop
erty and this Resolution No. 47-7f
is for corrective purposes;
NOW THEREFORE, BE IT RE
SOLVED BY THE CITY COUNCri
OF THE CITY OF DUBUQUE
IOWA:
Section 1. That the dedicatioi
of Stone Ridge Place as the same
appears upon said plat, be and thi
same is hereby accepted;
Section 2. That the plat o
Blocks 1 through 7, each in "Phas,
One of Stone Hill Communit;
Subdivision No. 1" in the City o
Dubuque, Iowa, be and the same i
hereby approved and the Mayo
and City Clerk are hereby author
zed and directed to endorse the
ipproval of the City of Dubuque,
owa, upon said plat, provided the
►wner of said property herein
lamed, execute written acceptance
rereto attached agreeing:
i. To reduce all streets to grade
and to construct concrete curb
and gutter and to hard surface
Stone Ridge Place with bitum-
inous concrete, or with concrete
paving with integral curb, all in
accordance with City of Dubuque
standard specifications;
b. To install storm sewers and
catchbasins in accordance with
the plans described herein and
submitted with the plat;
c. To install concrete sidewalks
along south side of Stone Ridge
Place as directed by the City En.
gineer and the City Manager;
d. To install water mains in accord-
ance with plans and specifica-
tions filed by the owner in the
office of the City Engineer, City
of Dubuque, Iowa;
e. To install sanitary sewer mains
in accordance with plans and
specifications filed by the owner
in the office of the City Engi-
neer of Dubuque, Iowa;
f. To construct the foregoing im-
provements in accordance with
plans and specifications approv-
ed by the City Manager, under
the inspection of the City Engi-
neer 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
acceptance by the City of Dubu-
que, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Stone Hill Development Corpora-
tion as owner;
i. To construct said improvements,
except sidewalks prior to Febru-
ary 2, 1978, and to construct the
sidewalks prior to February 2,
1980;
Section 3. Stone Hill Develop-
ment Corporation does hereby
covenant and agree with the City
of Dubuque, Iowa, that Stone Hill
Development Corporation shall es-
tablish an Iowa corporation known
as Stone Hill Community Associa-
tion; said Stone Hill Community
Association shall be a property
owner's association and provide for
the maintenance, improvement and
Special Session, February 18, 1976 71
development of real property, and
improvements and fixtures located
thereon, described as:
Block 7 in "Phase One of
Stone Hill Community Subdivi-
sion No. 1" in the City of Du-
buque, Iowa.
Stone Hill Community Association
shall have the power to levy
charges and assessments against
members of said corporation which
shall be liens against the property
owned by the members of said cor-
poration within "Phase One of
Stone Hill Community Subdivision
No. 1" in the City of Dubuque,
Iowa, for the purposes of maintain-
ing, developing and improving
Block 7 in "Phase One of Stone
Hill Community Subdivision No. 1"
in the City of Dubuque, Iowa,
Section 4. Block 7 in Stone Hill
Community Subdivision No. 1 in
the City of Dubuque, Iowa is also
known as Common Area which
property shall be maintained for
the purposes identified on the final
development plan and kept in neat
and proper order. The City of Du-
buque. Iowa, shall have a perpetual
easement to enter, and pass over
and upon Block 7 in "Phase One of
Stone Hill Community Subdivision
No. 1" in the City of Dubuque,
Iowa, for such ordinary mainten-
ance services and emergency serv-
ices as are regularly and customar-
ily provided by the City of Du-
buque, Iowa, in the City of Du-
buque, Iowa, and for such services
or duties which the City of Du-
buque, Iowa may be obligated by
law to perform on said premises.
a. Certain improvements, as shown
on Improvement Plans on file in
the office of the City Engineer
of Dubuque, Iowa, within Block
7 in "Phase One of Stone Hill
Community Subdivision No. 1" in
the City of Dubuque, Iowa, shall
be public improvements and are
hereby so dedicated to the City
of Dubuque, Iowa. It is under.
stood and agreed that upon final
acceptance by the City of Dubu-
que, Iowa, said improvements
shall be owned and maintained
by the City of Dubuque, Iowa.
b. The streets and parking areas
located on Block 7 in "Phase One
Of Stone Hill Community Sub-
division No. 1" in the City of
Dubuque, Iowa, shall be private
streets and parking areas and
owned by Stone Hill Community
Association, and shall be held
with other common property
shown upon the plan within the
jurisdiction of Stone Hill Com-
munity Association, and further
providing that the city may en.
ter such streets and parking
areas to provide necessary emer.
gency services or other services
or duties which it may be obli-
gated by law to perform on the
premises; that the city may en-
ter the street and perform neces.
sary maintenance whenever the
private owner fails to do so, and
assess all costs to such owner.
c. All assessable costs for main.
tenance or services, described
herein, performed by the City of
Dubuque, Iowa on, or directly
benefiting, Block 7 in "Phase
One of Stone Hill Community
Subdivision No. 1" in the City of
Dubuque, Iowa, shall be assessed
against Stone Hill Community
Association and a lien upon said
real property.
Section S. That in the event
Stone Hill Community Associa-
tion shall fail to execute the ac-
ceptance and furnish the security
provided for in Section 2 hereof
within 45 days after the date of
this Resolution, the provisions
hereof shall be null and void and
the acceptance of the dedication
and approval of the plat shall not
be effective.
Passed, adopted, and approved
by unanimous recorded roll call
this 16th day of February, A.D.,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 47-76
We, the undersigned Stone Hill
Corporation having read the terms
and conditions of the foregoing
Resolution No. 47-76 and being
familiar with the conditions there-
of, hereby accept the same and
agree to perform the conditions re-
quired therein.
Dated at Dubuque, Iowa, this
16th day of February, 1976.
72 Special Session, February 16, 1976
Stone Hill Development Corpora-
tion
By George E. Deininger
Treasurer -Vice President
TO:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
ity provided by the foregoing RES-
OLUTION NO. 47-76 has been fur-
nished by the owners.
Dated at Dubuque, Iowa, this
16th day of February, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
The agenda contained a provi-
sion to talk about the National
Guard Armory location. It was
announced by the Mayor, that the
Dubuque Community School Dis-
trict has offered seven acres of
ground to the National Guard for
a headquarters to be located at the
corner of 32nd street and Kennedy
Road.
RESOLUTION NO. 48-76
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 com-
pliance with the terms of the Ord-
inances of the City.
CLASS "C" BEER PERMIT
Lucky Stores, Inc. Eagle Discount
Supermarket #130, 1800 Elm
Street
Lucky Stores, Inc. Eagle Discount
Supermarket #144, 3033 Asbury
Street
Lucky Stores, Inc., May's Drug
Store #204, 3049 Asbury Street
Passed, adopted and approved
this 16th day of February 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun.
cilman Stackis. Carried by the fol.
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 49.76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun.
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Lucky Stores, Inc., Eagle Discount
Supermarket #130, 1800 Elm
Street
Lucky Stores, Inc., Eagle Discount
Supermarket #144, 3033 Asbury
Street
Lucky Stores, Inc., May's Drug
Store, #204, 3049 Asbury Street
Passed, adopted and approved
this 16th day of February 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
There being no further business,
Councilman Tully moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Special Session, February 16, 1976 73
Approved May 10 1976
Adopted May 10 1976
74 Special Session, February 20, 1976
CITY COUNCIL
(OFFICIAL)
Special Session, February 20,
1976.
Council met at 4:15 P.M. (C.S.T.)
Present — Councilmen Stackis,
Tully, Wertzberger. City Manager
Gilbert D. Chavenelle.
Absent Mayor Lundh, Council-
man Brady.
Mayor Pro -Tem Stackis read the
call and stated that service there-
of had been duly made and this
Meeting is called for the purpose
of CONSIDERING AN APPLICA-
TION OF DUBUQUE SYMPHONY
ORCHESTRA AUXILIARY INC.
FOR A CLASS "C" (COMMER-
CIAL) BEER & LIQUOR LICENSE
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
RESOLUTION NO. 50-76
WHEREAS, applications for Liq-
uor 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 com-
pliance with the provisions of
Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Dubuque Symphony Orchestra
Auxiliary Inc., Five Flags Thea-
tre, 405 Main St.
Passed, adopted and approved
this 20th day of February 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully, Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays—None.
Absent—Mayor Lundh, Council-
man Brady.
RESOLUTION NO. 51.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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 is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Dubuque Symphony Orchestra
Auxiliary Inc., Five Flags Thea-
tre, 405 Main St.
Passed, adopted and approved
this 20th day of February 1976.
Emil Stackis
Mayor Pro -Tem
Thomas A. Tully, Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh, Coun-
cilman Brady.
There being no further business,
Councilman Wertzberger moved to
adjourn. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Pro -Tem Stackis,
Councilmen Tully, Wertzberger.
Nays—None.
Absent—Mayor Lundh, Council-
man Brady.
Leo F. Frommelt
City Clerk
Special Session, Febniary 20, 1976 75
Approved May 10 1976
Adopted May 10 1976
76 Special Session, February 23, 1976
CITY COUNCIL
OFFICIAL
Special Session, February 23,
1976.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gilbert
D. Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this Meeting
is called for the purpose of CON-
DUCTING PUBLIC HEARINGS ON
VARIOUS ZONING CHANGES and
acting upon such other business
as may properly come before a
Regular Meeting of the Council.
The following proclamations
were presented and read and ap-
proved. Dubuque Chapter Iowa
Engineering Society declaring
week of February 22nd to 28th,
1976 as "National Engineers
Week"; Little Cloud Girl Scout
Council Inc. declaring week of
March 7th to 13th, 1976 as "Girl
Scout Week"; and Friday, March
5, 1976 proclaimed as a day to be
set aside for prayer in Dubuque
as a part of the "Official World
Day of Prayer."
Communication of Dubuque Air-
port Commission submitting min-
utes of their meeting of February
12, 1976, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Thomas D.
Shea submitting his resignation as
a member of the Community De-
velopment Commission, presented
and read. Councilman Stackis
moved that the resignation be ac.
cepted with regret and communi-
cation referred back to Council.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of UAW Local
94 raising some questions that if
pay TV will be adopted for the
City, what safeguards will insure
the public that pay TV will con-
form to acceptable standards, pre-
sented and read. Councilman
Stackis moved that the communi.
cation be referred to the TV Ad.
visory Commission and Council.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Communication of Donald Allen-
dorf, Mayor of East Dubuque, ad-
vising that they have been re-
quested to change wordage etc. in
their TV Franchise and in light
of the upcoming paid TV idea the
franchise should be rewritten,
presented and read. Councilman
Stackis moved that the communi-
cation be referred to the TV Ad-
visory Commission and Council.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Councilman Brady moved that
the City Solicitor be directed to
instruct Council as to pay TV un-
der the present TV franchise
structure. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Dock Board
submitting minutes of their meet-
ing of February 11, 1976, present-
ed and read. Councilman Stackis
moved that the minutes be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Dock Board
advising of the consideration for
recommending selling the building
and fixtures occupied by Katuin
Transport on Terminal Street and
requesting the Council to tour
the building before any further
decisions are made, presented and
read. Councilman Stackis moved
Special Session, February 23, 1976 77
to suspend the rules to let anyone
present address the Council. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Wayne Moldenhauer, Dock Com-
missioner, and Shirley Lang, Dock
Manager, addressed the Council,
being of the opinion that it is in
the best interest to the City to
dispose of building to Katuin
Brothers.
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Citizens Ad-
visory Commission submitting a
survey requesting cooperation for
completion which is being con-
ducted by the students of Loras,
U of D, and Dubuque High
Schools to enable the Commission
to gain knowledge concerning at-
titudes, thinking and characteris-
tics of the citizens of Dubuque,
presented and read.
Paul Milbrandt, Mary Heading-
ton and Don Deich, members of
the Advisory Commission, spoke
to Council relative to the com-
munication and survey.
Councilman Stackis moved that
the communication of Citizens Ad.
visory Commission be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Communication of the Housing
Commission submitting minutes of
their meeting of February 17,
1976, presented and read. Coun-
cilman Stackis moved that the
minutes be received and filed.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
mmunication of Planning &
Zoning Commission submitting
minutes of their meeting of Feb-
ruary 18, 1976, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Planning &
Zoning Commission recommend-
ing denial of reclassification of
Lots 31, 32, 33 & 34 of Block 1
of Nauman Addition from R-1 to
R-4 Residential District as re-
quested by James Sehwers, pre-
sented and read. Councilman
Brady moved that the communi-
cation be tabled until next week.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 20, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the proposal of Mr. and
Mrs. Donald Legan to annex their
property to the City of Dubuque,
Iowa. The Legan property consist-
ing of 1.5 acres is described as
Lot 2 of the sub. of Lot 1 of Lot 1
of Beverly Pines," Section 2, Ta-
ble Mound Township. Dubuque
County, Iowa, and lies south of
Kelly Lane and abuts property on
Pego Court which is within the
corporate City limits.
The Commission has determined
that the Legan property is located
within an area being considered
for future annexation and recom-
mends your favorable considera-
tion.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Brady moved that
the annexation be denied and the
communication be referred to the
City Engineer and City Solicitor.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Wertzberger.
Nays—Councilman Tully.
78 Special Session, February 23, 1976
February 17, 1976
Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, Finance Di-
rector, Health Department, as
well as a list of claims paid, for
the month of January. 1976.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of List of
Receipts and Disbursements and
Claims for the month of January,
1976, presented and read. Coun-
cilmen Tully moved that the
proof of publication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Official Notice of Blue Cross &
Blue Shield of subrogation rights
in the accident case of Delores
Schuller of July 1, 1975, in which
the City may be responsible, pre-
sented and read. Councilman
Brady moved that the Notice be
referred to the City Attorney for
proper proceedings. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing to amend Zoning
Ordinance No. 32.75 by adding a
new subsection (5) to Section 4-
104.4 of Article IV thereof and
by adding a new subsection (4) to
Section 4-118.5 of Article IV to
provide for the inclusion of ceme-
teries, mausoleums, columbariums
and chapels as conditional uses in
Residential (R) Districts and in
the Institutional District (ID), pre.
sented and read. No written ob.
jections were filed and no oral
objectors were present in the
Council Chamber at. the time set
for the hearing. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
ORDINANCE NO. 5.76
An Ordinance Amending and
Changing Ordinance No. 32.75
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by adding a
new Subsection (5) to Section 4-
104.4 of Article IV thereof and
by adding a new subsection (4)
to Section 4-118.5 of Article IV
to provide for the inclusion of
cemeteries, mausoleums, colum-
bariums and chapels as condi-
tional uses in residential (R) dis-
tricts and in the institutional
district (ID),
Said Ordinance having been
previously presented and read at
the Council Meeting of February
2, 1976, presented for final adop-
tion.
ORDINANCE NO. 5 76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75
KNOWN AS THE "ZONING ORDIN.
ACE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA" BY ADD-
ING A NEW SUBSECTION (S) TO
SECTION 4-104.4 OF ARTICLE IV
THEREOF AND BY ADDING A NEW
SUBSECTION (4) TO SECTION 4-118.5
OF ARTICLE IV TO PROVIDE FOR
THE INCLUSION OF CEMETERIES,
MAUSOLEUMS, COLUMBARIUMS AND
CHAPELS AS CONDITIONAL USES IN
RESIDENTIAL (R) DISTRICTS AND
IN THE INSTITUTIONAL DISTRICT
(ID)
NOW THEREFORE BE IT ORDAIN.
Ell BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That the "7.oning Ordin-
ance and Zoning Map of the City of
Dubuque, Iowa" be and the same is hereby
amended by adding a new Subsection (5)
to Section 4-104.4 of Article IV thereof
as follows:
"ARTICLE IV.
Section 4-104.4 CONDITIONAL USES
(S) Cemeteries, mausoleums, columbar-
iums and chapels."
SECTION 2. That the "Zoning ordi-
nance and Zoning Map of the City of
Dubuque, Iowa" be and the same is hereby
amended by adding a new Subsection (4)
to Sectiun 4-118-S of Article IV as fol-
lUwB:
Special Session, February 23, 1976
"ARTICLE IV.
Section 4-119.5 CONDITIONAL USES
(4) Cemeteries, mausoleums, columbar-
iums and chapels."
Passed, approved and adopted this 23rd
day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of Febru-
ary, 1976.
Leo F. Frommelt,
It 2126 City Clerk
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing to amend Zoning
Ordinance No. 32-75 by amending
Article 1V by repealing subsection
(4) of Section 4-112.2 and enact-
ing a new subsection (4) of Section
4.112.2 in lieu thereof to include
drug stores, health care supply,
etc., as principal permitted uses
in C-1 District, presented and read.
No written objections were filed
and no oral objectors were pres-
ent in the Council Chamber at the
time set for the hearing. Council-
man Stackis moved that the proof
of publication be received and
filed. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
ORDINANCE NO. 6.76
An Ordinance amending and
changing Ordinance No. 32.7S,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa," by repealing
Subsection (4) of Section 4.112.2
of Article IV thereof and enact.
ing a new subsection (4) of Sec.
tion 4.112.2 of Article IV in
lieu thereof to provide for the
inclusion of drug stores, health
care supply, and similar retail
convenience goods stores as
&a
principal permitted uses in the
C-1 District,
Said Ordinance having been pre.
viously presented and read at the
Council Meeting of February 2,
1975, presented for final adoption.
ORDINANCE NO. 6-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32.75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA," BY RE-
PEALING SUBSECTION (4) OF SEC-
TION 4-112.2 OF ARTICLE IV THERE-
OF AND ENACTING A NEW SUB-
SECTION (4) OF SECTION 4.112.2 OF
ARTICLE 1V IN LIEU THEREOF TO
PROVIDE FOR THE INCLUSION OF
DRUG STORES, HEALTH CARE SUP-
PLY, AND SIMILAR RETAIL CON-
VENIENCE GOODS STORES AS PRIN-
CIPAL PERMITTED USES IN THE C-1
DISTRICT
NOW 'THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That Ordinance No. 32-
75, known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa," be and the same is hereby amended
by repealing subsection (4) of Section
4-112.2 of Article IV thereof and enacting
a new subsection (4) of Section 4-112.2
of Article IV in lieu thereof, to wit:
"ARTICLE IV — DISTRICT REGU-
LATIONS
Section 4-112.2 —Principal Permitted
Uses
(4) Drug stores, health care supply and
similar retail convenience goods stores."
SECTION 2. That the foregoing amend-
ment has heretofore been approved by the
Planning and Zoning Commission of the
City of Dubuque, Iowa.
Passed, adopted and approved this 23rd
day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the 'relegraph
Herald Newspaper this 26th day of Febru-
ary 1976.
Leo F. Frommelt,
It 2/26 City Clerk
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Petition of Jack C. Jones Exca-
vating requesting permission to
excavate at 1889 Central Avenue
80 Special Session, February 23, 1976
to repair broken water line, pre-
sented and read. Councilman
Stackis moved that the request be
approved. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Richard R. & Mary
Kay Avenarius requesting vaca-
tion of a portion of alley adjacent
to Lot I of 1 of 11 and south of
Lot 2 of 2 of 1 of 11 in Althauser
Subd., presented and read. Coun-
cilman Stackis moved that the pe-
tition be referred to the City Man-
ager. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Rev. Stephen Wain -
right requesting permission to
conduct a Hunger Walk on March
28, 1976, presented and read. Ma-
yor Lundh moved that the request
be approved and referred to the
City Manager for implementation.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of American Legion re-
questing approval of flying the Na-
tional Colors from the flag pole
at City Hall in honor of a de-
ceased veteran, Judge John C.
Oberhausen, said program is of-
ficially approved by the Bicenten-
nial Committee, presented and
read. Councilman Wertzberger
moved that the request be ap-
proved as amended. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 19, 1976
To the Honorable Mayor
and City Council
As a prerequisite to receiving
Federal Aid Assistance for any
road construction projects involy.
ing right-of-way purchase, it is
necessary that the City make as.
surances to the Iowa Department
of Transportation that the proced-
ures outlined in the 1970 Uniform
Relocation Assistance and Land
Acquisition Policies Act will be
followed.
In the past we have been fol.
lowing these same rules and reg.
ulations on all federal aid proj-
ects. This is a yearly assurance of
our policy of providing such as.
sistance in accordance with the
1970 Act.
The attached Resolution author-
izes the Mayor to sign the docu.
ment on behalf of the City Coun-
cil and directs the City Clerk to
file the document with the Iowa
Department of Transportation.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council.
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 52.76
WHEREAS, the City of Du-
buque, Iowa may be making ap-
plication to the Iowa Department
of Transportation for Federal
Funding of highway construction
projects requiring right-of-way
purchase, and
WHEREAS, it is necessary to
comply with the provisions of the
1970 Uniform Relocation Assist-
ance and Land Acquisition Poli-
cies Act for such federal aid proj-
ects, and
WIiEREAS, it is the policy of
the City of Dubuque to acquire
right-of-way and to provide relo-
cation assistance benefits for fed-
eral aid projects in accord with
the 1970 Act.
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
Mayor be and he is hereby author.
ized and directed to execute the
attached right-of-way assurance
statement, and that the City Clerk
be and he is hereby directed to
file the document with the Iowa
Department of Transportati
Special Session, February 23, 1976 gl
Passed, adopted, and approved
this 23rd day of February, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
.James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Official
Notice of Location and Design ap-
proval request of Federal Aid for
reconstruction of Jackson Street
from 12th to Diamond Street, pre-
sented and read. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
, Yeas —Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 16, 1976
To the Honorable Mayor
and City Council
On February 9, 1976 the Fed-
eral Highway Administration gave
its approval of the Location and
Design Study for the reconstruc-
tion of Jackson Street from 12th
to Diamond. It is necessary that
official notice be given that the
City has received such approval
if Federal Aid to Urban Systems
Funds are to be utilized on the
project.
The attached Resolution autho-
rizes the City Clerk to publish such
notice of the approval together
wtih a brief description of the
proposed work.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 53.76
WHEREAS, the City of Du-
buque, Iowa has applied to the
Iowa Department of Transporta-
tion for funding of the reconstruc-
tion of Jackson Street from 12th
to Diamond, and
WHEREAS, the Iowa Depart-
ment of Transportation has re-
viewed the application and has
requested Federal Highway Ad-
ministration approval of the Lo-
cation and Design Study, and
WHEREAS, the Federal High-
way Administration has given its
Location and Design approval,
dated February 9, 1976, and
WHEREAS, it is required by the
Federal Highway Administration
that Public Notice be given of said
approval.
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
City Clerk shall publish notice of
said approval as shown on Exhibit
A hereto attached.
Passed, adopted, and approved
this 23rd day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 19, 1976
Honorable Mayor
and City Council
Enclosed is a Resolution estab-
lishing a connection fee for the
twelve inch sanitary sewer line
east of the Town of Asbury's flow
measuring station.
This sewer line was constructed
by the Town of Asbury, and will
be dedicated to the City of Dubu-
82 Special Session, February 23, 1976
que under' terms and conditions of
an agreement dated July 24, 1973
between Asbury and Dubuque.
Section to of that agreement
states that the City of Dubuque
shall establish a connection charge
for the sewer to provide the reim-
bursement to the Town of Asbury
for their local cost of constructing
the sewer line. Asbury's local cost
has been certified at $22,558.13.
Due to the large area which must
be incorporated into the connec-
tion fees under terms of agree-
ment, it is felt that charges based
upon the number of acres con-
nected to the sewer line would be
most appropriate, The area in-
cluded is 235 acres, for a connec-
tion charge of $96.00 per acre.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 54.76
Resolution Establishing a Con-
nection Charge for the twelve
(12) Inch Vitrified Tile Sanitary
Sewer from the Asbury Flow
Measuring Station on Radford
Road to the twelve (12) inch
Catfish Creek Interceptor Sewer.
WHEREAS, the City of Dubuque
and the Town of Asbury entered
into an agreement dated July 24,
1973 for the construction of a
twelve (12) inch sanitary sewer
system to serve the Town of As-
bury, and
WHEREAS, the sanitary sewer
from the Asbury flow measuring
station on Radford Road to the
twelve (12) inch Catfish Creek In-
terceptor Sewer has been complet-
ed and been placed into operation,
and
WHEREAS, the firm of Cullen,
Kilby, Carolan and Associates have
inspected same, and have certified
to the Town of Asbury that said
sewer was completed substantially
in accordance with plans and spec-
ifications, and
WHEREAS, the Town of Asbury
has certified that their local cost
of constructing said sewer was
$29,584.63, and
WHEREAS, the City of Dubuque
has made payment to the Town of
Asbury in the amount of $7,026.50
as a contribution toward land ac.
quisition and easements, and
WHEREAS, Section 10 of the
aforementioned Agreement states
that a connection charge shall be
established to reimburse the Town
of Asbury for their local costs of
the construction.
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa:
Section 1. That any person or
persons desiring to connect with
said sewer first apply to the City
Manager of the City of Dubuque,
Iowa, for permission to do so, and
such permission shall be granted
upon condition that the applicant
shall pay $96.00 per acre to the
City Treasurer of Dubuque for the
account of the Town of Asbury,
Iowa, as a connection charge. Said
connection charge shall be payable
prior to providing sanitary sewer
service to the following described
property:
The west one-half of the south-
east quarter of Section 20, also
called Mineral Lot 401; Lot 2
of northeast quarter of the
southeast quarter of northeast
quarter of Section 20; the
northeast quarter of southwest
quarter of Section 20; and the
southeast quarter of the south-
east quarter of Section 20, all
in Township 89 North, Range
2 East of the 5th P.M. in Du-
buque County, Iowa. This Reso-
lution is not to be construed
to mean that the property own-
er' is relieved of any applicable
connection charges due under
Resolution No. 38-71.
Section 2. Any applicant who de-
sires to serve his property by con-
necting to said sewer, which prop-
erty is not within the corporate
limits of the City of Dubuque,
Iowa, shall annex the same to the
City of Dubuque, Iowa, voluntarily,
as a condition precedent to such
connection.
Section 3. Nothing in this Reso-
lution shall be construed to exact
any charge for the extension of
said sewer by the City of Dubuque,
Iowa, or its permitees.
Special Session, February 23, 1976 83
Section 4. That the City Clerk of
the City of Dubuque, Iowa, be and
he is hereby authorized and di-
rected to record a certified copy of
this Resolution in the office of the
County Recorder of Dubuque Coun-
ty, Iowa.
Passed, adopted and approved
this 23rd day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 55-76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT R&
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
following applications be approved
and Licenses issued upon the com-
pliance with the provisions of
Chapter 131, Acts of the First Reg-
ular ,Session, 64th Gerwral As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Robert J. Karr, Bridge Restaurant
and Lounge (Also Sunday Sales),
35 Locust Street
Carl N. Brant, A & B Tavern, 2600
Central Avenue
Passed, adopted and approved
this 23rd day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
6011 of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 5676
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of
this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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 is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Robert J. Karr, Bridge Restaurant
and Lounge (Also Sunday Sales),
35 Locust Street
Carl N. Brant, A & B Tavern, 2600
Central Avenue
Passed, adopted and approved
this 23rd day of February, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
City Manager submitted the Fis-
cal Year 1977 Recommended Bud-
get — Volume 2 — Budget Detail.
Councilman Tully moved that the
recommended budget be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
S4 Special Session. Februan. 23, 1976
There being no further business.
Councilman Stackis moved to ad.
journ. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas -- Mayor Lundh, Council-
men Brady, Stackis. Tully. Wertz-
berger.
Nays --None.
Leo F. Frommelt
City Clerk
Approved May 10 1976
Adopted May 10 1976
Regular Session. March 1, 1976 85
CITY COUNCIL
OFFICIAL
Regular Session, March 1, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Lundh, Council-
men Brady, Stackis, Tully, Weru-
berger. City Manager Gilbert D.
Chavenelle.
.Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is the REGULAR MONTHLY
MEETING OF THE COUNCIL
called for the purpose of acting
upon such business as may prop-
erly come before the Meeting.
Mayor Lundh read and signed
proclamations declaring the week
of May 2 to May 8, 1976 as -Sen-
ior Citizens Recognition Week"
and the week of March 8 thru 19,
1976 as "Karate Club Appreciation
Week."
HD&R Consultants. the City's
solid -waste consulting firm, pre-
sented a study on the nroposed
solid -waste resource recovery sys-
tem. Councilman Brady moved that
the study be referred to the Citv
Manager. Council and A.C.O.G. for
presentation at the next meeting.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz
berger.
?gays—None.
Communication of Human Rights
Commission submitting minutes of
their meeting of February 12. 1976.
Presented and read. Councilman
Stackis 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.
'gays—None.
Communication of Dubuque Tran-
sit Trustee Board submitting min-
utes of their meeting of February
12. 1976, presented and read. Coun-
cilman Stackis tnoved that the min-
utes be received and filed. S^cond-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—➢Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of East Central
Intergovernmental Assn. submit.
ting a communication from the
Board of Supervisors making an
adjustment in per capita Assess-
ment for FY '77, presented and
read. Councilman Stackis moved
that the communication be receiv-
ed and filed. Seconded by Council.
man Tully. Carried by the follow-
ing vote:
Peas—Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Paul Rossiter
submitting his resignation from the
Rehabilitation Commission, pre-
sented and read. Councilman Tully
moved that the communication
be received and filed and resigna-
tion accepted with regret. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of William A.
Mac\ider Jr. submitting his resig-
nation from the Community De-
velopment Commission, presented
and read. Councilman Tully moved
that the communication b- received
and filed and resignation accept-
ed with regret. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—lfayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice from Corps of Army En-
gineers advising of issuance of per-
mit issued to Thru-Put Terminals
Inc. to reconstruct their existing
docking facilities. presented and
read. Councilman Tully moved that
the Notice be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—\favor Lundh. Councilmen
Brady, Stackis, Tully. Wertzberger.
Nays—None.
U.S. Corps of Engineers submit-
ting a summary of 1975 Dredging
Season, presented and read. Coun-
cilman Tully moved that the sum-
mary be received and filed. Sec-
onded by Councilman Weruberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
86 Regular Session, March 1, 1976
Communication of Dubuque Ad-
visory Commission submitting min-
utes of their meeting of February
24, 1976, presented and read. Coun-
cilman Tully moved that the min-
utes be received and filed. Second.
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
February 24, 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.
Proof of Publication, of Notice of
Public Hearings for the purpose
of obtaining the views of residents
of the City on Community Develop-
ment and Housing Needs, at Coun-
cil meetings of March 1 and March
8, 1976, presented and read. Coun-
cilman Brady moved that the proof
of publication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
Paul Rosister and Harry Webei
spoke to Council relative to light
ing of Main Street from 4th tc
2nd; Eager to see it go into thf
program. Robert Buelow and Mrs
Dan Miller, representing the Coll
.45 Drum & Bugle Corps, request
ed share of Community Develop
ment Funds; They are not being
considered a neighborhood organ
ization; Community Developmen
could help them over the hump
Reconsider their appplication
Need assistance to purchase equip
ment, instructor, place to practice
uniforms, etc. Chairman Walte.
Iregler was of opinion Colt .45
vas ineligible according to law.
Robert McCoy and Mary Billing.
on requested 2nd & 4th St.
Jeighborhood lighting.
Communication of Community
)evelopment Commission submit.
ing a proposed budget for activi-
ies to be funded in the second
rear of the Community Develop-
nent Block Grant Program, pre.
vented and read. Councilman Stack-
s moved to refer the communica-
ion to the next meeting. Second-
d by Councilman Tully. Carried
,y the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of R. S. Frost of
Celotex, addressed to the Mayor,
indicating appreciation of the
Mayor's better relationship with
industry, presented and read.
Councilman Wertzberger moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Allan T.
Thoms submitting a "Policy State-
ment, Dubuque Area Industrial
Development Corporation, Back-
ground & Future Goals of the Du-
buque Ambassadors, and 1975.76
Program of Work of the Dubuque
Area Chamber of Commerce," pre-
sented and read. Allan T. Thoms
addressed the Council stating the
Dubuque Area Industrial Develop-
ment Corporation needs an in -City
site or an annexable site; Hoping
to provide expandibility to existing
industries. Councilman Wertzberg.
er moved that the communication
of Allan T. Thoms be received
and filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Mrs. Hugh
Cherioli, addressed to Interstate
Power Co., complaining of exhorbi-
tant rate increase, presented and
read. Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote;
Regular Session, March 1, 1976 87
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Cathy A.
Myers of Mud Lake Road, show.
ing concern as to possible spillage
of sewage into the Mississippi to
be released by the City of Minne-
apolis, presented and read. Coun•
cilman Wertzberger moved that
the communication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
February 23, 1976
Honorable Mayor
and City Council
I am returning to you the peti-
tion of Mr. C. E. Mettel requesting
permission to install street lights
on Admiral Street.
The electrical inspector has re-
viewed the request and it is recom-
mended that three 175 watt mer-
cury vapor fixtures be installed
on the developer's metal standards.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the recommendation be approved.
Seconded by Coucilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
February 27, 1976
To The Honorable Mayor
and City Council
The attached letter from J. J.
Hail, Water Superintendent, out-
lines a schedule for the presenta-
tion of dates and required pro-
cedures for initiating the construc-
tion of the Water Treatment Plant
Expansion and the Sludge Waste
Handling Facilities.
Joe wishes to review this sched-
ule with you at the March 1, 1976
regular meeting.
Gilbert D. Chavenelle,
City Manager
Councilman Tully moved ap.
proval of the schedule as present-
ed. Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
COUNCIL RECESSED AT 9:55
P.M. RECONVENED IN REGULAR
SESSION AT 10:04 P.M.
February 25, 1976
Honorable Mayor
and City Council
I submit to you the Official State
Auditors' Report of the City rec-
ords for the eighteen month period,
January 1, 1974 through June 30,
1975.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be received
and filed. Seconded by Councilman
Tully. Carried by thet following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
February 20, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning
and Zoning Commission has review-
ed the petition of Mr. and Mrs.
James Schwers requesting reclassi-
fication of their property described
as Lots 31, 32, 33 and 34 of Block
1 of Nauman Addition in the City
of Dubuque, Iowa, from R-1 Resi-
dential District to the R-4 Residen-
tial District classification. The sub-
ject property lies on the west side
of Carter Road and abuts the
northerly lot lines of property on
Kane Court.
The Commission has determined
that the proposal does not meet
with the requirements of the State-
ment of Intent of the R-4 Residen-
tial District, Section 4.107.2 of Or-
dinance No. 32-75 which states "in
undeveloped areas it is intended
that this district will generally be
applied only to contiguous land
areas of two or more acres service-
able by collector or arterial
streets," and recommends that the
petition for reclassification be de-
nied.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received
and filed and the recommendation
of rezoning denial be approved.
88 Regular Session, March 1, 1976
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays—Councilman Tully.
Attorney Gary Norby represent-
ing Mr. James Schwers, addressed
the Council questioning the pro.
cedural requirement as to a public
hearing for rezoning and also stat-
ing property was purchased before
it was rezoned from Multiple Fam-
ily to Single Family. Mr. James
Schwers addressed the Council stat-
ing Original Zoning goes back to
year 1962; has a good sum of
money invested in the property
and suffering a financial loss.
Petitions of Hickory Hill Neigh-
borhood (32 signers), Kane Court
Neighborhood (13 signers) and Ar-
bor Oaks Neighborhood (16 sign.
ers) in support of the Planning &
Zoning Commission for denial of
reclassification of Lots 31 to 34 of
Block 1 of Nauman Addn., present-
ed and read. Douglas Brotherton
of 2823 Hickory hill addressed the
Council relative to petition. Coun-
cilman Brady moved that the peti-
tions be received and filed. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Claim of Charles J.
Jenaman, in the amount of $647.74,
for expense incurred as the result
of a water stop box being broken
off at 1906 Pierce Street on Feb-
ruary 6, 1976, presented and read.
Councilman Stackis moved that the
Notice of Claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 7.76
An Ordinance amending Ordin-
ance No. 181 by repealing Section
7 thereof and repealing Section 9
thereof and enacting a new Sec-
tion 7 and a new Section 9 in lieu
thereof, respectively, defining the
powers, and duties of the Dubuque
Dock Board,
Said Ordinance having been for-
warded from the Council Meeting
of February 9, 1976 and Work Ses-
sion of February 19, 1976, Present-
ed and read. Carl Burbach ad-
dressed the Council requesting if
Ordinance is not adopted immedi-
ately, to give reconsideration. Dock
Commissioner, Wayne Moldenhau-
er had no objection to an amend.
ment.
Councilman Brady moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays --Councilman Stackis.
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 dis-
pensed with. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
ORDINANCE NO. 7.76
AN ORDINANCE AMENDING
ORDINANCE NO. 181 BY RE-
PEALING SECTION 7 THEREOF
AND REPEALING SECTION 9
THEREOF AND ENACTING A
NEW SECTION 7 AND A NEW
SECTION 9 IN LIEU THEREOF,
RESPECTIVELY, DEFINING THE
POWERS, AND DUTIES OF THE
DUBUQUE DOCK BOARD.
NOW THEREFORE BE 1T OR-
DAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
SECTION 1. That Ordinance No. 181
be amended by repealing Section 7 there-
of and enacting a new Section 7 in lieu
thereof as follows:
"SECTION 7. That the Board shall
maintain an office in the City of Du-
buque, Iowa and keep a record of all of
its proceedings and acts which records
shall at all times be open to public in-
spection."
SECTION 2. That Ordinance No. 181
be amended by repealing Section 9 there-
of and enacting a new Section 9 in lieu
thereof as follows:
"SECTION 9. The Board shall have
power and it shall be its duty for and on
behalf of the City of Dubuque. Iowa for
which it is organized:
1. GENERAL PLAN. To prepare or
cause to be prepared a comprehensive gen-
eral plan for the improvement of its har-
bor and waterfront, making provision for
Regular Session, March 1, 1976
the needs of commerce and shipping, and
for the use of river front property or
other property whether abutting the river
front or not, and whether located within
or without or partially within and par-
tially without the corporate limits of the
City by others for industrial and manu.
facturing purposes to the extent deemed
advisable in relation to the operation of
established wharves and docks, and pro.
viding for the construction of such docks,
basins, piers, quay walls, wharves, ware-
houses, tunnels, belt railway connecting
with all railway lines within the City,
and such cranes, dock apparatus, and ma-
chinery equipment as it may deem neces-
sary for the convenient and economical
accommodation and handling of water-
craft of all kinds and of freight and pas-
sengers, and the free interchange of traf-
fic between the waterway and the rail-
ways and the railways and the water-
way; which plan shall be filed in the of-
fice of the Board and be open to public
inspection, and which may from time to
time be changed, altered, or amended by
the Board, as the requirements of ship.
ping and commerce and the advance of
knowledge and information on the sub-
ject may suggest.
2. PURCHASE AND CONDEMNA-
TION OF PROPERTY. To purchase or
acquire by condemnation or other lawful
means, with the approval of the City
Council, such personal property, such
lands, whether abutting the river front
or not and whether located within or
without or partially within and partially
without the corporate limits of the City
or such rights or interest therein, includ-
ing easements, as may be necessary for
use in the provision, development, full
utilization and in the construction of any
publicly owned harbor, water front, dock,
basin, pier slip, quay wall, wharf, ware-
house, or other structure, and in the con-
struction of a belt railway and railway
switches, and appurtenances and in mak-
ing provision for the needs of commerce,
shipping, industry, and manufacturing
as provided for in such plan as may be
adopted by the Board, if the Board shall
deem it proper and expedient that the
City shall acquire possession of such
wharf property, lands, or rights or in-
terests therein, including easements, and
no price can be agreed upon between the
Board and the owner or owners thereof,
the Board, with the approval of the City
Council, may direct the City Attorney to
take legal proceedings to acquire same
for the City in manner as is or may be
Provided by the general laws of the
state in the case of corporation having
the right of Eminent Domain. The title
of all lands, property, and rights ac-
quired by the Board shall be taken in the
name of the City of Dubuque, Iowa.
7. CONTROL OF PROPERTY. The
Board shall have exclusive charge and
control of the wharf property belonging
89
to the City including belt railway locat-
ed in whole or in part therein, all the
wharves, piers, quay walls, bulkheads,
and structures thereon and the waters
adjacent thereto, and all the slips, ba-
sins, docks, water fronts, the structures
thereon, and the appurtenances, easements,
uses, reversions, and rights belonging
thereto, wihch are now owned or pos-
sessed by the City or to which the City
is or may become entitled or which the
City may acquire under the provisions
hereof or otherwise, together with such
other City owned lands or properties as
the City Council may designate by or-
dinance. The Board shall have the ex-
clusive charge and control of the build-
ing, rebuilding, alterations, repairing, op-
eration, and leasing of said property and
every part thereof, and of the cleaning,
grading, filling, paving, sewering, dredg-
ing, and deeping necessary in and about
the same. Construction plans and surveys
shall be approved by the City Engineer.
Lease of such property may be made
for such purposes, including industrial
and manufacturing purposes, upon such
terms and conditions, and for such peri-
od of time as, in the judgment of the
Dock Board shall be for the best interest
of the City in furtherance of the gen-
eral plan adopted by said Board.
4. ABUTTING PROPERY — JURIS-
DICTION AND IMPROVEMENT. The
Board is hereby vested with jurisdiction
and authority over that part of the
streets and alleys and public grounds of
the City which abut upon or intersect
its navigable waters, lying between the
harbor line and the first intersecting
street measuring backward from high-
water mark, to the extent only that may
be necessary or requisite in carrying out
the powers vested in it by this Ordi-
nance and it is hereby declared that
such jurisdiction and authority shall in-
clude the right to build retaining or quay
walls, docks, levees, wharves, piers, ware-
ho.ues, or other constructions, including
belt railway and railway switches, across
and upon such streets and alleys and pub-
lic grounds, and to grade, fill and pave
the same to conform to the general level
of the wharf, or for suitable approaches,
thereto; provided that such improvements
shall be paid for out of funds available
to the Board and not by assessments
against abutting property, but in case the
City Council deems it necessary or ad-
visable to construct street improvements
or sewers on such streets and alleys, and
abutting and adjacent property will re-
ceive special benefits therefrom, such im-
provements or sewers may be ordered
constructed by said City Council and the
cost thereof may be assessed by said City
Council, to the extent of such benefits,
and as provided by law upon and against
all lots or parcels of real estate, whether
publicly or privately owned, as may be
specially benefited thereby, provided that
90 Regular Session, March 1, 1976
the plans and specifications of the City
Council for such improvements or iewers
be first approved by the Dock Board.
Nothing in this subsection is intended
to limit or qualify the powers and du-
ties of the Board as established and set
out elsewhere in this section.
Water mains so constructed will be a
part of the City Water Utility and un-
der the control of the Water Utility.
Sanitary sewer extensions, so constructed,
will be a part of the City Sanitary Sewer
System and under the control of the City
Manager.
f. CONTROL CONSISTENT WITH
NAVIGATION LAWS — COLLECT
TOLLS. The Board is also vested with
exclusive government and control of the
harbor and water front consistent with
the laws of the United States governing
navigation, and of all wharf property,
belt railway, wharves, piers, quay walls,
bulkheads, docks, structures, and equip-
ment thereon, and all the slips, basins,
waters adjacent thereto, and submerged
lands, and appurtenances belonging to
the City and may make reasonable rules
and regulations governing the traffic
thereon and the use thereof, with the
right to collect reasonable dockage, wharf-
age, shedding, storage, cranage fees, and
tolls thereon, as hereinafter provided.
Obedience to such rules and regulations
may be enforced in the name of the City
by a fine not exceeding One Hundred
($100.00) Dollars, or by imprisonment
not exceeding thirty (30) days, provided
the Council of the City of Dubuque,
Iowa shalt first adopt the same in ordi-
nance form, as ordinances of the City.
6. RULES AND REGULATIONS —
SPECIFICATIONS — ORDINANCES —
PUBLICATION. The Board shall have
power to make general rules and regula-
tions for carrying out of the plans pre-
pared and adopted by it for the build-
ing, repairing, alteration, maintenance and
operation of all structures, erections, or
artificial constructions upon or adjacent
to the waterfront of the City, whether
the same shall be done by the Board or
by others; and except as provided by the
general rules of the Board, no new struc-
tures or repairs upon or along said water
front shall be undertaken, except upon
application to the Board and under per-
mit by it and in accordance with the
general plans of the Board and in pur-
suance of specifications submitted to the
Board and approved by it upon such ap-
plication. The general rules and rcgula-
tions of the Board, whenever adopted by
it, shall be embodied in the form of or-
dinances and certified copies thereof shall,
forthwith upon their passage, be trans-
mitted to the Clerk of the City of Du-
buque, Iowa who shall cause the same
to be transcribed at length in a bunk
kept for that purpose and the sante shall
be included in any compilation or publi-
cation of the Ordinances of the City of
Dubuque, Iowa. Upon filing anv such
certified copy of any such ordinances,
the said Clerk shall forthwith cause the
same to be published once in some news-
paper of general circulation published in
the City of Dubuque, Iowa. Said ordinance
shall be in force and effect from and
after the date of said publication. Pro-
vided, however, that if the said ordi-
nances are included in anv book or
pamphlet of ordinances, published by said
City, no other publication shall be re-
quired, and they shall be in force and
effect from the date of said book or
pamphlet is published.
7. TOI IS AND CHARGES — REG-
ULATIONS. The Board shall have the
power to fix and regulate and from time
to time to alter the tolls, fees, dockage,
wharfage, cranage, sheddage, storage, and
other charges for all publicly owned
docks, levees, belt railwav, piers, quay
walls, slips, basins, wharves,and their
equipment, or the use of any portinn of
the water front of the City of Dubuque,
Iowa, which charges and rates shall be
collectible by the Board and shall be
reasonable with a view only of defraying
the necessary annual expenses of the
Board in constructing and operating the
improvements and works herein author-
ized; a schedule of such charges and reg-
ulations shall be enacted by the Board
in the form of ordinances of the Board
before the same shall go into or be in
effect, and a copy of same shall be kept
posted in a conspicuous place in the of-
fice of the Board.
S. ASSISTANTS — OFFICERS —
ORDINANCES. The Board shall have
power to employ such assistants, em-
ployecs, clerks, workmen, and laborers as
may be necessary in the efficient and
economical performance of the work au-
thorized by this ordinance, subject to the
personnel practices, purchasing and ac-
counting practices of the City of Du-
buque, Iowa. All officers, places and em-
ployments in the permanent service of
the Board shall be provided for by ordi-
nance duly passed by the Board and the
same shall be transmitted to the Clerk of
the City of Dubuque, Iowa as provided
for ordinances of the Board.
9. CITY COUNCIL POWERS. The
powers and duties granted to the Board
are to be exercised consistent with City
policy as determined by the City Own-
cil."
Passed, approved and adopted this 1st
day of March, 1976.
Alvin E. l.undh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James li. Brady.
Councilmen
Leo F. Fromme)t
City Clerk
ATTEST:
Published officially in The Telegraph
Regular Session, March 1, 1976 91
Herald Newspaper this 4th day of March
1976.
Leo F. Frommelt
City Clerk
1t 3/4
Councilman Brady moved final
adoption of the Ordinance. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays --Councilman Stackis.
Councilman Brady moved that
the ",Objectives of Redraft of
Dock Ordinance" be referred to
the Dock Commission for their
study without Council's recommen-
dation, also referred to the City
Manager and Council. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to consider vacation
and sale of Lot 1A of Audubon
Addn., presented and read. No writ-
ten objections were filed and no
oral objectors were present in the
Council Chamber at the time set
for the hearing. Councilman Stack -
is moved that the proof of publi-
cation be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert
berger.
Nays—None.
ORDINANCE NO. 8-76
An Ordinance vacating a dedi-
cated alley located between Lot I
of Audubon Addition, Lot 308 and
Lot 2 of 309 of Glendale Addition
No. 3 in the City of Dubuque, Iowa,
Said Ordinance having been pre-
viously presented and read at the
Council meeting of February 9,
1976, presented for final adoption.
ORDINANCE NO. 8.76
AN ORDINANCE VACATING A
DEDICATED ALLEY LOCATED
BETWEEN LOT I OF AUDUBON
ADDITION, LOT 308 AND LOT 2
OF 309 OF GLENDALE ADDITION
NO. 3 IN THE CITY OF DUBU-
QUE, IA.
WHEREAS, John Zurcher of 2640 Mar-
quette Place, owner of Lot I of Audubon
Addition, has petitioned the City Council
for the vacation of the dedicated alley
located between Lot 1 of Audubon Addi-
tion, Lot 308 and Lot 2 of 309 of Glen.
dale Addition No. 3, all above described
real estate situated in the City of Dubu-
que, In.
WHEREAS, the City Planning and
Zoning Commission of the City of Dubu-
que, has reviewed the petition of John
Zurcher requesting vacation of an alley
abutting his property which is described
as Lot I of Audubon Addition, and the
commission has determined that this parcel
is not needed for any present or future
purpose and has no objections to its vaca-
tion
WHEREAS, the City Engineering staff
has reviewed the request of John Zurcher
to vacate the dedicated alley located be-
tween Lot 1 of Audubon Addition, Lot
308 and Lot 2 of 309 of Glendale Addi-
tion No. 3, 20 feet wide and 100 feet long,
and the engineering staff feels there is no
reason for the City of Dubuque, IL, to
retain this alley and feel it is in the best
interest to the City to vacate and sell
same.
WHEREAS, Cullen, Kilby, Carolan
and Associates, P.C. has prepared and
submitted to the City Council a plat
showing said alley, together with Lot 1 of
Audubon Addition, Lot 308 and Lot 2 of
309 of Glendale Addition No. 3, and as-
signed a number thereto and which shall
hereafter be known and described as: Lot
I A of Audubon Addition, in the City of
Dubuque, Ia.
WHEREAS, the City Council has deter-
mined that the said alley is no longer
required for public use and the Planning
and Zoning Commission of the City of
Dubuque, Ia. has approved the vacation of
said alley, known as Lot IA of Audubon
Addition, in the City of Dubuque, Ia.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IA.
SECTION 1. That the plat of Lot IA
of Audubon Addition, bearing date Janu-
ary 15, 1976, and prepared by Cullen,
Kilby, Carolan and Associates. P.C. of
the City of Dubuque, Ia., be and the
same is hereby approved and the
Mayor and City Clerk be and they are
hereby authorized and directed to execute
the same for and on behalf of the City
of Dubuque, Is.
SECTION 2. That said real estate de-
scribed as: Lot IA of Audubon Addition,
in the City of Dubuque, la., be and the
same is hereby vacated.
SECTION 3. That the City Clerk be
and he is hereby authorized and directed
to cause notice of intent to dispose of
said real estate, described as: Lot IA, an
alley between Lot 1 of Audubon Addition,
Lot 308 and Lot 2 of 309 of Glendale
Addition No. 3.
SECTION 4. That conveyance of said
Lot IA, an alley located between Lot I
of Audubon Addition, Lot 308 and Lot 2
92
Regular Session, March 1, 1976
of log of Glendale Addition No. 3, in the
City of Dubuque, Is., be and the same is
hereby approved upon payment of $1.00
and upon payment of cost of publication
and filing cost.
Passed, adopted and approved this 1st
day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Leo F. Frommelt
City Clerk
ATTEST:
Published officially in The Telegraph
Herald Newspaper this 4th day of March
1976.
Leo F. Frommelt
City Clerk
It 1/4
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 57-76
WHEREAS, pursuant to Reso-
lution and published notice of
time and place of hearing, pub-
lished in the Telegraph -Herald, a
newspaper of general circulation
published in the City of Dubuque,
Iowa o_, February 12, 1976, the
City Council of the City of Du-
buque, Iowa met on the 1st day of
March, 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 in a vacated
alley which has been platted and
will be heretofore known as Lot
IA of Audubon Addition in the
City of Dubuque, Iowa and to dis-
pose its interest in same to John
Zurcher; and
WHEREAS, the City Council of
the City of Dubuque, Iowa over-
ruled any and all objections, oral
or written, to the proposal to dis.
Pose of interest of the City of Du-
buque, Iowa in the hereinafter de.
scribed real estate to John Zur-
cher;
NOW THEREFORE. BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of the City of Dubuque,
Iowa of an interest in a vacated
alley lying between Lot 1 of Audu.
bon Addition, Lot 308 and Lot 2
of 309 of Glendale Addition and
which has been platted and is
now known as Lot IA for Audu.
bon Addition in the City of Du.
buque, Iowa to John Zurcher for
$1.00 plus cost of publication and
recording fees, be and the same
is hereby approved, and that con.
veyance shall be made by Quit
Claim Deed and no abstract of
title will be furnished.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized to execute said
deed of conveyance and the City
Clerk be and he is hereby directed
and authorized to deliver said deed
of conveyance of the above de-
scribed real estate to John Zurch-
er, upon receipt of the purchase
price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of A -OK Yellow Cab Co.
requesting permission to increase
taxi fare rates, also location of a
cab stand preferably near 9th do
Main St., presented and read. Jean-
nette Luerkens spoke relative to
the petition. ,
Councilman Tully moved that
the petition be referred to the
City Manager and Council. Second-
s
l Regular Session, March 1, 1976 93
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Mrs. Edward Henkel
of 1799 Clarke Drive requesting
two hour parking in front of her
property, presented and read.
Councilman Brady moved that the
petition be referred to the City
Manager and Traffic Department.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. Nays—None.
Petition of Jack C. Jones Ex-
cavating requesting permission to
excavate in Algona Street to re-
pair broken water main, presented
and read. Councilman Stackis
moved that the request be ap-
proved. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Robert J. Doll et al
(76 signers) objecting to relocation
and construction of the National
Guard Armory on Kennedy Road,
presented and read. Councilman
Stackis moved that the petition be
received and filed and referred to
Council. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 26, 1976
To the Honorable Mayor
and City Council
I recommend the vacation of the
20 foot and 16 foot wide utility
easements in Lot A, Block 3 in
Timber Ridge Addition which
were meant to accommodate the
utility connections until the ex.
tension of Richard's Road was ac-
complished.
Richard's Road is now being ex-
tended, which voids the need for
these easements.
John L. White, P.E.
City Engineer
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
RESOLUTION NO. 58.76
WHEREAS, the property owner
of Lot A, Block 3 in Timber Ridge
Addition in the City of Dubuque,
Iowa, has filed with the City Clerk
of the City of Dubuque, Iowa, a
Petition requesting the vacation of
the platted twenty foot (20') and
sixteen foot (16') wide easements
in said Lot A, Block 3 and
WHEREAS, the property owner
has submitted a plat for the pur-
pose of extinguishing the twenty
foot (201 and sixteen foot (16')
wide utility's easements shown
thereon; and
WHEREAS, the public utility
companies entitled to use said
easements have consented to said
vacation; and
WHEREAS, Sections 409.18 and
409.19 of the 1971 Code of Iowa
provide for the vacation of plats
in this manner;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
said petition and plat for the va-
cation of the platted twenty foot
(201 and sixteen foot (16') wide
easements in Lot A, Block 3 in
Timber Ridge Addition in the City
of Dubuque, Iowa, be and the
same are hereby approved, and
the Mayor and Clerk are hereby
authorized and directed to en-
dorse the approval of the City of
Dubuque upon said plat for the
vacation of the aforementioned
easements.
Passed, adopted and approved
by the recorded roll call vote this
1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
94 Regular Session, March 1, 1976
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
February 26, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 4
and Block 5 of "Timber Ridge"
Addition. The property lies south
of June Drive on Richard's Road
in the City of Dubuque, Iowa.
The Commission has determined
that the plat is in conformance
with the Subdivision Regulations
of the City of Dubuque, Iowa, and
recommends that the final plat of
Block 4 and Block 5 of "Timber
Ridge" Addition be approved as
submitted.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 59.76
Resolution approving the plat of
Block 4 and Block 5, each in
Timber Ridge 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
4 and Block 5, each in Timber
Ridge Addition in the City of Du-
buque, Iowa, by Richard C. Hen-
schel and Mildred L. Henschel;
and
WHEREAS, upon said plat ap.
pear streets to be known as Rich-
ard's Road, together with certain
public utility easements which the
Owners by said plat have dedicated
to the public forever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or pav-
ing, 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 Richard's Road together with
the easements for public utilities
as the same appear upon said plat,
be and the same are hereby ac.
cepted;
Section 2. That the plat of Block
4 and Block 5, each in Timber
Ridge Addition in the City of Du.
buque, Iowa, be and the same is
hereby approved and the Mayor
and City Clerk are hereby author.
ized 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 ac-
ceptance hereto attached agree-
ing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface Rich-
ard's Road with bituminous con-
crete, or with concrete paving with
integral curb, all in accordance
with City of Dubuque standard
specifications;
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submit-
ted with the plat;
c. To install water mains and
water service laterals in accord-
ance with plans submitted with
the plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the in-
spection 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 ac-
ceptance by the City of Dubuque,
Iowa;
Regular Session, March 1, 1976 95
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Richard C. Henschel and Mildred
L. Henschel, as owner;
L To construct said improve-
ments, except sidewalks, prior to
March 1, 1978, and to construct
the sidewalks prior to March 1,
1980;
And further provided that said
Richard C. Henschel and Mildred
L. Henschel, as owner of said Sub.
division, secure the performance
of the foregoing conditions by pro.
viding security in such form and
with such sureties as may be ac-
ceptable to the City Manager.
Section 3. That in the event
Richard C. Henschel and Mildred
L. Henschel, shall fail to execute
the acceptance and furnish the se-
curity provided for in Section 2
hereof within 45 days after the
date of this Resolution, the provi-
sions hereof shall be null and void
and the acceptance of the dedica-
tion and approval of the plat shall
not be effective.
Passed, adopted and approved
by unanimous recorded roll call
this 1st day of March, A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Acceptance of Resolution No. 59-76
We, the undersigned Mildred
L. Henschel and Richard C. Hen.
schel having read the terms and
conditions of the foregoing Reso-
lution No. 59-76 and being familiar
with the conditions thereof, hereby
accept the same and agree to per-
form the conditions required there-
in.
Dated at Dubuque, Iowa, this
29th day of March, 1976.
Mildred L. Henschel
To; Richard C. Henschel
Leo F. Frommelt
City Clerk
This is to certify that the secur-
itY provided by the foregoing
RESOLUTION NO. 59.76 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
29th day of March 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved adop.
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol.
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Communication of Klauer Opti-
cal Co. by Attorney Carew, request-
ing insurance of the City that
there have been no violations
which would entitle the City to
make a claim of reverter to the
property on the northwest corner
of Grandview & Delhi which is be.
ing presently considered for pur-
chase under contract by Klauer
Optical Co., presented and read.
Councilman Wertzberger moved
that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 60.76
WHEREAS, the City of Dubuque,
Iowa, by deed dated July 6, 1962,
and filed September 10, 1962, in
Book 178 Town Lots, pages 127
and 128, did convey to Hartig Drug
Company the following described
real estate:
Lot 2 of Lot 1 of Rigi Subdi.
vision and Lot 2 of Lot 6 of
Lot 12 of Mineral Lot 172;
each in the City of Dubuque,
Iowa; and
WIiEREAS, such conveyance
was made upon certain conditions
stated in said deed with respect
to the use and development of
said conveyed property together
with the adjoining lot described
as:
Lot 1 of Lot 6 of Lot 12 of
Mineral Lot 172, City of Du-
buque, Iowa; and
WHEREAS, Robert J. Jordan
and Beverly R. Jordan purchased
the aforesaid real property from
Harlig Drug Company and now
propose to sell all of said prop-
erty; and
96 Regular Session, March 1. 1976
WHEREAS, the proposed pur-
chaser desires the City of Dubuque
to affirm that the conditions con.
tained in the deed to Hartig Drug
Company have been met and sat-
isfied and that none of the re-
strictions of said deed have been
violated in any respect;
NOW THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa:
Section 1. That the City Coun-
cil of the City of Dubuque, Iowa,
after examination and inspection
of the aforementioned and de-
scribed real property and improve-
ments located thereon has deter-
mined and does hereby affirm that
Robert J. Jordan and Beverly R.
Jordan and their predecessors in
title have not violated any of the
restrictions or conditions set forth
in the aforesaid deed from the
City of Dubuque, Iowa, to Hartig
Drug Company, and accordingly
the property conveyed in said
deed from the City of Dubuque,
Iowa, to Hartig Drug Company
(which property is now owned by
Robert J. Jordan and Beverly R.
Jordan) has not reverted to the
City of Dubuque, Iowa.
Passed, approved and adopted
this 1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Sale of Project Notes to aid in
financing the Urban Renewal
Project in the amount of $463,000,
presented and read. Councilman
Stackis moved that the proof of
Publication be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
RESOLUTION NO. 61.76
Authorizing the sale, issuance
and delivery of Project Notes in
the aggregate principal amount
of $463,000 and the execution of
Requisition Agreement No. 1.76
in connection with the Down.
town Urban Renewal Project,
Project No. Iowa R-15
WHEREAS, the City of Dubuque
(herein called the "Local Issuing
Agency") has entered into one or
more contracts (which, together
with any supplements thereto or
amendments or waivers of any
provisions thereof, are herein
called the "Contract") with the
United States of America (herein
called the "Government") provid-
ing for a loan by the Government
to the Local Issuing Agency for
financing the urban renewal, low -
rent housing or redevelopment
project(s) described in the Con-
tract and herein called the "Proj-
ect"; and
WHEREAS, pursuant to adver-
tisement for the receipt of propos-
als for the purchase of the First
Series 1976 of Project Notes (here-
in sometimes called "New Project
Notes") of the Local Issuing Agen-
cy aggregating $463,000, which ap-
peared in a Notice of Sale pub-
lished on February 3, 1976, and
February 10, 1976, in the Tele-
graph Herald in the City of Du-
buque, Iowa, and in The Daily
Bond Buyer in the City of New
York, New York, proposals for the
purchase of the New Project
Notes in the form approved by the
Local Issuing Agency were re-
ceived, opened, and canvassed at
the time and place mentioned in
said advertisement, to wit: at
Council Chambers, City Hall, 13th
and Iowa in the City of Dubuque,
Iowa 52001 at one o'clock P.M.
E.S.T. on February 18, 1976, which
proposals are as follows:
Name of Bidder
Bank of America NT & SA, San
Francisco, Bankers Trust Com-
pany, Continental Illinois Na-
tional Bank & Trust Company
of Chicago, Merrill, Lynch,
Pierce, Fenner & Smith, Inc.—
Regular Session, March 1, 1976
Interest Rate, 2.62%; Principal
Amount, $463,000; Premium,
$14.00.
First National Bank of Dubuque—
Interest Rate, 2.70%; Principal
Amount, $463,000: Premium, 0.
Chemical Bank & A. G. Becker &
Co.—Interest Rate, 2.73%; Prin.
cipal Amount, $463,000; Premi-
um, $15.00.
Morgan Guaranty Trust Company
and Salomon Brothers—Interest
Rate, 2.75%; Principal Amount,
$463,00; Premium, 0.
United California Bank—Interest
Rate, 2.81%; Principal Amount,
$463,000; Premium, $9.00.
Chase Manhattan Bank—Interest
Rate, 2.83%; Principal Amount,
$463,000; Premium, 0.
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque:
Section 1. The aforesaid publi-
cation of the Notice of Sale and
the form and contents thereof as
so published are hereby, in all re-
spects, approved, ratified and con-
firmed.
Section 2. In order to provide
funds to pay expenses incurred or
to be incurred in the development
of the Project, or to refund, renew
or extend its outstanding Notes is-
sued in connection therewith, the
Local Issuing Agency hereby deter-
mines to borrow the sum of Four
Hundred Sixty -Three Thousand
Dollars ($463,000) and issue its ne-
gotiable Project Notes therefor.
Section 3. The Local Issuing
Agency hereby ratifies and ap-
proves the form of each proposal
hereinafter in this Section 3 enu-
merated for the purchase of the
designated principal amount of
Notes and determines that each
such proposal offers to purchase
such Notes at the lowest interest
rate and is therefore accepted, and
said Notes are hereby awarded to
the purchaser, as follows:
Principal Amount, $463,000; Inter-
est Rate, 2.62%; Purchaser,
Bank of America NT & SA, San
Francisco, Bankers Trust Com-
pany, Continental Illinois Na-
tional Bank & Trust Company
Of Chicago, Merrill, Lynch,
Pierce, Fenner & Smith, Inc.
Section 4. Each Note shall be
dated March 16, 1976, shall be pay-
able as to both principal and inter.
97
est to bearer, on July 23, 1976,
and, pursuant to each proposal for
the purchase of said Notes here.
inabove accepted, shall bear the
rate of interest per annum, pay-
able at maturity; shall bear the
numbers and be in the denomina-
tions; and shall be payable as to
both principal and interest at the
incorporated bank having trust
powers or incorporated trust com-
pany, as follows:
Purchaser—Bank of America NT
& SA, San Francisco, Bankers
Trust Company, Continental Il-
linois National Bank & Trust
Company of Chicago, Merrill,
Lynch, Pierce, Fenner & Smith,
Inc.—Numbers: 1.2, $100,000;
3.4, $50,000; 5.6, $25,000; 7-13,
$10,000; 14-21, $5,000; 22-24,
$1,000. Interest Rate, 2.62%;
Payable At Bankers Trust Com-
pany, New York.
None of such Notes shall be
valid until after the bank or trust
company at which it is payable
shall have signed the agreement,
appearing on each Note, to act as
paying agent thereof. Each such
Note shall be executed in the name
of the Local Issuing Agency by the
manual or facsimile signature of
the Mayor and City Treasurer of
the Local Issuing Agency and shall
have the corporate seal of the Lo-
cal Issuing Agency impressed, im-
printed or reproduced thereon and
attested by the City Clerk, and said
officers are hereby authorized and
directed to casue said Notes to
be properly executed.
Section S. Each such Note shall
be in substantially the form of
HUD -9010, which is incorporated
herein by reference, and shall be
secured by an agreement entitled
"Requisition Agreement No. 1.76"
(herein called the "Requisition
Agreement"), in substantially the
form of HUD -9003, which is incor-
porated herein by reference, to be
entered into between the Local
Issuing Agency and the Govern-
ment.
Section 6. The Requisition
Agreement shall be executed in
the name of the Local Issuing
Agency by the manual or facsimile
signature of the Mayor of the Lo-
cal Issuing Agency and shall have
the corporate seal of the Local
Issuing Agency impressed, im-
printed or reproduced thereon
98 Regular Session, March 1. 151; (i
and attested by the City Clerk,
and said officers are hereby au-
thorized and directed to cause the
Requisition Agreement to be prop-
erly executed.
Section 7. For the punctual pay-
ment of the principal of and inter-
est on the New Project Notes, the
Local Issuing Agency hereby ex-
pressly and irrevocably promises
to pay any sums which may be re-
ceived from the Government pur-
suant to the Requisition Agree-
ment relating to such series of
Project Notes and said Agreement,
when executed by the Government,
is hereby declared to be and is
hereby assigned by the Local Is-
suing Agency for the benefit of
the holder or holders from time to
time of the New Project Notes. All
contributions, funds and amounts
authorized or required by the
Contract to be applied to the pay-
ment of Project Loan Notes (re-
ferred to in the Contract as "Proj-
ect Temporary Loan Obligations,"
"Advance Notes" or "Permanent
Notes") as issued in connection
with the Project are hereby irre-
vocably pledged to secure the pay-
ment of the principal of and inter-
est to maturity on the New Proj-
ect Notes. Such pledge and the
lien created thereby shall cease
and terminate when monies or in-
vestment securities convertible in-
to cash not later than the matur-
ity date of the New Project Notes,
sufficient and for the purpose of
paying the principal and interest
to maturity on such Notes, are de-
posited with the paying agent or
agents for such Notes.
Section 8. The proceeds derived
from the salt of the New Project
Notes, together with such amount
of other funds of the Local Issu-
ing Agency as may be necessary,
shall be applied, simultaneously
with the receipt of said proceeds,
in accordance with the provisions
of the Requisition Agreement.
Section 9. The City Treasurer is
hereby authorized and directed to
send promptly a letter to each
paying agent for the New Project
Notes in substantially the form of
HUD -9004, which is incorporated
herein by reference, and to trans-
mit therewith (a) the New Project
Notes for which the addressee is
the paying agent for delivery and
payment and (b) a signature cer-
tificate and receipt, in accordance
with the terms of said letter, and
to take such other actions as may
be required to complete the de-
livery transaction in accordance
with the terms of the letter to
the paying agent.
Passed, approved, and adopted
this 1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas —Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 62-76
BE 1T RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Marc's Big Boy Corp., dba Marc's
Big Boy, Dubuque Plaza 20
Shopping Center
Thompson's Food Markets, Inc.,
Oky Doky #15, 1545 S. Grand-
view Avenue
Beverly Ann Larsen, D/B/A The
Finale Lounge, 1701 Central
Avenue
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Regular Session, March 1, 1976 99
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 63.76
WHEREAS, applications for Liq.
uor 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 ap.
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1900 Tap
(Sunday Sales Only), 1100 Lin.
coln Avenue
The Apartments Ltd, D/B/A
Apartment 5-A Lounge, Kenne-
dy Mall
Beverly Ann Larsen, D/B/A The
Finale Lounge, 1701 Central
Avenue
Passed, adopted and approved
this Ist day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol.
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
RESOLUTION NO. 64-76
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
occupied by such applicants were
inspected 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 is.
sued to the following named ap.
plicants a Liquor License.
CLASS "G" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1900 Tap
(Sunday Sales Only), 1100 Lin.
coln Avenue
The Apartments Ltd., D/B/A
Apartment 5-A Lounge, Kennedy
Mall
Beverly Ann Larsen, D/B/A The
Finale Lounge, 1701 Central
Avenue
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz•
berger.
Nays—None.
RESOLUTION NO. 65.76
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 "C" BEER PERMIT
LaVern Nicholas Hennen, Vern's
Conoco, 3300 Asbury Road
Thompson's Food Markets, Inc.,
Oky Doky X15, 1545 S. Grand-
view
100 Regular Session, March 1, 1976
Passed, adopted and approved
da
this 1st of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
RESOLUTION NO. 66.76
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of tb0z
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this CKy
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 t4
cause to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
LaVern Nicholas Hennen, Vern's
Conoco, 3300 Asbury Road
Thompson's Food Markets, Inc.,
Oky Doky #15, 1545 S. Grand-
view
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
There being no further busi-
ness, Councilman Tully moved to
adjourn. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved .,AU USt....16 1976
opteli ......Aub...`.
.W411
Special Session, March 8, 1976 101
CITY COUNCIL
OFFICIAL
Special Session, March 8, 1976.
Council met at 7:30 P.M.(C.S.T.)
Present—Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
DUCTING A SECOND HEARING
FOR THE PURPOSE OF OBTAIN-
ING VIEWS OF RESIDENTS OF
THE CITY ON COMMUNITY DE-
VELOPMENT AND HOUSING
NEEDS and acting upon such oth-
er business as may properly come
before a Regular Meeting of the
Council.
Communication of Xavier Hos-
pital requesting the Mayor to of-
ficially proclaim the week of
March 14 to 20, 1976 as "hospital
Volunteer Week in Iowa" was
signed and so proclaimed by the
Mayor.
Proclamation of Order of De-
Molay proclaiming that March 14th
thru 21st, 1976 be observed as
"International DeMolay Week" was
signed and so declared by the
Mayor.
Communication of 7th Step
Foundation submitting an an-
nouncement of an Employers Sym-
posium Program to be conducted
in March, presented. Susie More-
no, Employment Counselor, ex-
plained the Program to Council.
Second Hearing for the purpose
of obtaining views of residents of
the City on Community Develop-
ment and Housing Needs, was op.
ened for discussion and input.
Councilman Stackis moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote;
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Nile Harper, 2141 Hale St., re.
quested housing for handicapped
and older people; the need is
great; Percentage of older people
is high; Absence of publicly fund.
ed low -rent housing remains;
Should take inspiration from Ecu.
menical Housing.
Claude March of Fischer Com-
panies, suggested lighting between
4th & 2nd Street, urging Council
to improve lighting.
Paul Rossiter stated large per-
centage of people in 4th & 2nd
St. area would like old style of
lighting; Committee of merchants
would work with City Staff for
tree planting, traffic control,
lighting and parks.
Lynn Rytan and Jean Cheever
of the League of Women Voters
read a prepared statement being
opposed to G.A.I.N. in being able
to participate in Community De.
velopment funding; City must
follow eligibility requirements;
Checked with H.U.D.—consistent
Policy would be followed.
Rev. Bries stated that G.A.I.N.
is not a National Charter; Is now
known as Dubuque Girls Club Inc.
They are under guidelines of Af-
firmative Action Program; the
girls are from low and moderate
income families.
Art Miller, 2849 Hempstead St.,
expressed concern about the eld-
erly; low income are living in sub-
standard housing; Must bring ex-
isting units up to standards; Many
do not want to move, however,
would like to have help in redo-
ing where they presently live;
Block Grant Programs should be
maintained and improved; Section
8 Housing is a good program, but
must improve living quarters for
elderly.
Petition of Louis Schaller et al
(approx. 300 signers) requesting
lighting of Main Street from 4th
to 2nd and further down Main St.,
if possible as part of the present
Community Development Funds,
presented and read. Councilman
Tully moved that the petition be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Councilman Tully moved that
the Council go on record directing
the City Manager to make the
102 Special Session, March 8, 1976
1976 Community Development
Program self-sustaining to carry
out the Program. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council
men Brady, Tully, Wertzberger.
Nays --Councilman Stackis.
Councilman Brady further moved
that the City Manager be instruct-
ed to seriously consider Staff
growth be kept to a minimum.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
Councilman Stackis finally moved
to table the application and pro-
posed resolution for a Community
Development Block Grant Pro-
gram to Wednesday evening,
March 10, 1976, at 7:00 o'clock
P.M. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz
berger.
Nays—None.
COUNCIL RECESSED AT 9:05 PM
RECONVENED AT 9:15 PM
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of March
1, 1976, presented and read. Coun-
cilman Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Wertzberger.
Nays—None.
Communication of Dubuque Ka-
rate Club Inc. extending an invi-
tation to the Council to be present
at the evening session of 1976 Mid-
west Tang Soo Do Tournament on
Sunday, March 14, 1976, presented
and read. Councilman Stackis mov-
ed that the communication be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertberger.
Nays—None.
Communication of Dubuque
Board of Dock Commissioners ad-
vising of their inquiries relevant
to the possibility of obtaining per-
manent possession of the Tugboat
Floyd, presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed,
seconded by Councilman Wertz.
,erger. Carried by the following
ote:
Yeas—Mayor Lundh, Councilmen
lrady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Iowa Chapter
Jational Electrical Contractors
'i,ss'n. Inc. requesting to have rep-
•esentation on the City Code Com-
nittee when the term expires for
)ne of the present Board Mem-
)ers, presented and read. Council-
man Stackis moved that the com-
munication be received and filed
and referred to Council. Seconded
byy Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality ad-
vising of issuance of construction
permit for sanitary sewer exten-
sion of Asbury Springs Sub. #2,
presented and read. Councilman
Tully moved that the communica-
tion be received and filed. Sec.
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of County At-
torney and City Attorney submit-
ting a joint opinion relative to
respective jurisdictions in the area
of zoning and subdivision of lands
outside the incorporated boundar-
ies of the City, presented and read.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 5, 1978
Honorable Mayor
and City Council
In your packet on February 27
was a plan for a sound system
in the Council Chambers. Attached
is a copy of that plan.
If time permits at your meet-
ing March S, Councilman James
Brady and members of his task
force would like to discuss this
plan with you.
Francis A. Murray
Assistant City Ma
Special Session, March 8, 1976 103
Councilman Stackis moved that
the communication be received
and filed and to adopt Program
of sound system as presented. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 5, 1976
Honorable Mayor
and City Council
The City Manager's office has
been negotiating with the five cer-
tified employee organizations of
the City of Dubuque for collective
bargaining agreements for the per-
iod July 1, 1976 throungh June 30,
1977.
The five recognized certified
employees organizations are:
Amalgamated Transit Division
329
International Union of Operat-
ing Engineers AFL-CIO, Local
No. 758
General Drivers and Helper's
Union Local No. 421
Dubuque Policeman's Protective
Association
Dubuque Association of Profes-
sional Fire Fighters No. 353
During the course of the negotia-
tions, the parties reached impasse
on a number of issues. These im-
passe issues, in accordance with
the Public Employment Relations
Act, were submitted to a fact -
finder for his recommendations.
The fact -finder submitted his
recommendations on each of the is-
sues to the respective parties on
February 26, 1976. Under provi-
sions of the law, the recommenda-
tions of the fact -finder must not
be made public for ten (10) days.
In our case, the termination of the
ten day period is Monday, March
8, 1976.
Consequently, copies of the fact -
finder's recommendations will be
delivered to all councilmen Mon-
day morning, March 8, 1976. Addi-
tional copies will be available for
review by the public Monday,
March 8, in the City Clerk's office.
Then at the regular Council
meeting, Monday night, March 8,
we would like to report to you the
status of the City with each of the
employee organizations on collec-
tive bargaining agreements for the
contract year beginning July 1,
1976.
Francis A. Murray
Assistant City Manager
Councilman Tully moved that the
communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified to
by the Publisher of Public Notice
of the fact finders recommenda-
tions on impasse issues between
the City and certified employee
organizations, presented and read.
Councilman Tully moved that the
proof of publication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Factfindings in the matter be-
tween the City and the Amalga-
mated Transit Union Division 329,
Dubuque Policemans Proective
Ass'n., Dubuque Professional Fire
Fighters Ass'n., General Drivers &
Helpers Union, International Un-
ion of Operating Engineers, The
City and all unions summary of
recommendations, presented and
read. Councilman Stackis moved
that the factfindings be received
and filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 8, 1976
Honorable Mayor
and City Council
The City has been negotiating
with the five certified bargaining
employee organizations since No-
vember for a collective bargaining
agreement to be effective for the
period July 1, 1976 through June
30, 1977. The City and the unions
reached impasse on a number of
issues and, in accordance with the
Public Employment Relations Act,
submitted these issues to a fact -
finder for his recommendations.
The fact -finder submitted his
recommendations to the parties on
February 27, 1976 and, again in
104 Special Session, March 8, 196
accordance with the law, details of
these recommendations are sched-
uled to be made public on March
8, 1976. The substance of the fact -
finder's recommendations are as
follows:
General Issues in All Unions
1. 7% wage increase.
2. Continuation of a cost of liv-
ing provision in the contract
with a 6% cap.
3. Continuation of the City as-
suming the full premium cost
of health insurance.
The fact -finder's recommenda-
tions on individual unions were as
follows:
General Drivers and Helper's Un-
ion, Local #421
1. Meal provision under emerg-
ency circumstances.
2. Overtime pay for park patrol,
in excess of eight hours a day
and 40 hours a week.
The Dubuque Policemen's Protec-
tive Association
1. Shift differential of 10¢/hour
for second shift and 20¢/hour
for third shift.
2. Additional clothing allowance
of $50.00/year.
3. Modification of the sick leave
plan.
The Dubuque Association of Pro-
fessional Fire Fighters, Local #353
1. Upgrade Lieutenant's pay one-
half grade.
Amalgamated Transit Division No.
329.
No additional issues.
International Union of Operating
Engineers, Losal #758
No additional issues.
The fact -finder recommended the
city's position on all other impasse
issues. Correspondingly, a number
of issues were negotiated and
agreed upon locally prior to sub-
mission to the fact -finder.
The fact -finder's recommenda-
tions have been ratified by the
memberships of the Amalgamated
Transit Division #329, Internation-
al Union of Operating Engineers,
General Drivers and Helper's Un-
ion and the Dubuque Policemen's
Protective Association. The Du-
buque Association of Professional
Fire Fighter's have rejected the
fact -finder's recommendations.
We are recommending that the
City Council adopt a resolution ac-
cepting the recommendations of
the fact -finder for the four unions
that have accepted the fact -finder's
recommendations and authorize
the City Manager to execute a
contract with these four unions.
Francis A. Murray
Assistant City Manager
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 67.76
RESOLUTION ACCEPTING THE
FACT -FINDER'S RECOMMEW
DATIONS AND AUTHORIZING
THE CITY MANAGER TO EXE-
CUTE A CONTRACT WITH CER-
TAIN EMPLOYEE ORGANIZA-
TIONS OF THE CITY OF DU.
BUQUE.
WHEREAS, the City of Dubuque
has been negotiating labor con-
tracts for the period July 1, 1976
through June 30, 1977 with the
following certified employee or-
ganizations of the City of Dubuque:
Amalgamated Transit Division
#329, International Union of Op-
erating Engineers, Local #758;
General Drivers and Helper's Un-
ion, Local #421; Dubuque Police-
men's Protective Association; and
WHEREAS, negotiations with
the bargaining organizations have
been conducted in accordance with
the Public Employment Relations
Act, Chapter 20, Code of Iowa,
1975; and
WHEREAS, the parties did
negotiate and reach agreement on
a number of contract issues; and
WHEREAS, impasse was reached
between parties on other issues;
and
WHEREAS, in accordance with
the Public Employment Relations
Act the impasse issues were sub-
mitted to the fact -finder, who was
appointed by the Public Employee
Relations Board; and
WHEREAS, the fact -finder sub-
mitted his recommendations to the
City and to respective parties on
February 26, 1976; and
WHEREAS, the certified bar-
gaining organizations identified
above held elections and ratified
Special Session, March S, 1976 105
the recommendations of the fact -
finder.
WHEREAS, the Public Employ-
ment Relations Act requires that
recommendations of the fact -finder
be made public ten days after re-
ceipt of report.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, 1) that the City of Dubuque
accept the fact -finder's report on
the impasse issues between the
City of Dubuque and the above
identified collective bargaining or-
ganizations, and 2) that the City
Manager be authorized to incor-
porate the recommendations of the
fact -finder into the labor contracts
along with all other issues agreed
to between the parties and to exe-
cute these contracts for the period
July 1, 1976 through June 30, 1977.
Passed, approved and adopted
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Honorable Mayor March 5, 1976
and City Council
I hereby submit to you the City
of Dubuque, Iowa, Accountants Re-
ports, Financial Statements and
Supplementary Data, REVENUE
SHARING FUNDS, Account No. 16-
2.031-007 for the eighteen month
period ended June 30, 1975 as re-
ceived from the State Auditor.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication and report
be received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady. Stackis, Tully, Wertzberger.
Nays—None.
Honorable Mayor February 27, 1976
and City Council
Please find enclosed report from
City Solicitor and City Engineer
on the status of the petition by
Mr. Merwyn Ellis on alley abut-
ting his property at 1652 Finley
Street as to vacating or chaining
off the alley.
It is my recommendation that
the work proposed in Mr. White's
letter should be done and that
the alley be vacated provided all
property owners agree to same.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed and recommendation be
approved. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 5, 1976
Honorable Mayor
and City Council
1 bring to your attention that
there have been repeated occur-
rences at Noel's Tap located at
24th and Central, in which the
police department has been in-
volved.
The situation has not improved
and I request permission to notify
the licensee that a hearing will be
conducted by the City Council at
Council meeting on March 22 for
the purpose of revoking the liquor
license.
For your information, I attach
a copy of a letter from Chief
O'Brien.
Gilbert D. Chavenelle
City Manager
Counncilman Tully moved that
the communication be received
and filed and the request be
granted. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Claim of Mrs. Freda
Butt, in the amount of $194.00, for
personal injuries received in a
108 Special Session, March 8, 1976
fall on a gravel covered sidewalk
at 3rd & Iowa Streets on February
12, 1976, presented and read. Coun-
cilman Wertzberger moved that
the Notice of Claim be referred to
the City Solicitor for proper pro-
ceedings. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Claim of Mrs. Rolan
Rutledge, of 2190 Green Street, in
an undetermined amount, for ex.
pense incurred due to the backup
of the sanitary sewer into her
home as the result of city em-
ployees blowing out a sewer line
on February 26, 1976, presented
and read. Councilman Wertzberger
moved that the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
and read. Councilman Stackis
moved that the refund be granted
ai.d City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Richard Henschel re-
questing the installation of two
street lights on June Drive west
of Valentine, presented and read.
Councilman Stackis moved that the
petition be referred to the City
Manager and Electrical Inspector
for investigation. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Richard Ring, re-
questing a refund in the amount
of $25.00, on the unexpired cigar-
ette license No. 751, discontinued
business on February 25, 1976,
presented and read. Councilman
Stackis moved that the refund be
granted and the City Auditor di-
rected to issue proper warrant.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Phillip R. Love, re-
questing a refund of $25.00, on the
unexpired portion of cigarette
License No. 779, discontinued busi-
ness on March 5, 1976, presented
RESOLUTION NO. 66-76
RESOLUTION ESTABLISHING A
CONNECTION CHARGE FOR THE
SANITArY SEWER CONSTRUCT-
ED BY JOSEPH HEFEL IN GAR-
NET STREET, BETWEEN JACK.
SON STREET AND CENTRAL AV-
ENUE
WHEREAS, the City Engineer
has inspected the same and the
City Manager has accepted said
sewer; and
WHEREAS, the City Engineer,
under said ordinance has filed
with the City Council a certified
statement showing all the amounts
paid in connection with the con-
struction of said sewer.
NOW, THEREFORE, BE 1T RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That hereafter any
person or persons desiring to con-
nect with said sewer shall first
apply to the City Manager for per-
mission to do so and such permis-
sion shall be granted upon condi-
tion that the applicant shall pay
to the City Treasurer for the ac-
count of the Garnet Street sanitary
sewer a connection charge of $3.36
per foot.
Section 2. That the following
properties will pay the above pro-
rated connection custs.
16 lots each having a frontage
of 46 feet numbered as follows:
Lot numbered 58 through 73
inclusive in Linehan Park Ad.
dition.
Passed, adopted and approved
this 81h day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, March 8, 1976 107
Councilman Tully moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
February 25, 1976
Honorable Mayor
and City Council
The construction of the Fifth
Street Parking Lot has been sub-
stantially completed in accordance
with plans and specifications by
Tschiggfrie Excavating Company
of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
FINAL ESTIMATE
RESOLUTION NO. 69-76
WHEREAS, the contract for the
construction of the Fifth Street
Parking Lot has been completed
and the City Engineer has sub-
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assessment and
plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said Improve-
ment is hereby determined to be
$29,179.55.
That None of the cost thereof
shall be assessable upon private
property and $29,179.55 shall be
Paid from the Parking Fund of the
City of Dubuque.
Passed, adopted and approved
this 8th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest: Councilmen
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(A Resolution Accepting Improv.
mont)
RESOLUTION NO. 7076
WHEREAS, the contract for the
Fifth Street Parking Lot has been
completed and the City Manager
has examined the work and filed
his certificate stating that the
same has been completed accord-
ing to the terms of the contract,
plans and specifications and rec-
ommends its acceptance, now
therefore,
BE IT HESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE 1T FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Parking Fund
in amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car6
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice to
contractors for construction of 8"
Sanitary Sewer on East Side of
J.F.K. Road, presented and read.
Councilman Stackis moved that
the proof of publication be receiv-
ed and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
108 Special Session, March 8, 1976
March 4, 1976
Honorable Mayor
and City Council
Pursuant to your instructions,
sealed proposals were received un-
til 10:00 A.M. C.S.T., Thursday,
March 4, 1976 for the extension
of the 8" sanitary sewer on the
east side of John F. Kennedy Road.
The low bid was submitted by
Tschiggfrie Excavating Company
of Dubuque, Iowa with a bid of
$5,450.80. This is 4.4% over the
Engineers Estimate.
I recommend that the contract
for this extension be awarded to
Tschiggfrie Excavating Company.
Gilbert D. Chavenelle
City Manager
Counciluman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Awarding Contract)
RESOLUTION NO. 71-76
authorized and instructed to return
the bid deposits of the unsuccess-
ful bidders.
Passed and adopted this 8th day
of March, 1976.
Alvin E. Lundh
WHEREAS, sealed proposals
have been submitted by contractors
for the John F. Kennedy Road
Sanitary Sewer Extension pursuant
to Resolution No. 41-76 and notice
to bidders published in a newspa-
per published in said City on
February 19, 1976 and February
26, 1976; and
WHEREAS, said sealed proposals
were opened and read on March
4, 1976, and it has been determin.
ed that the bid of Tschiggfrie Ex-
cavating Company of Dubuque,
Iowa in the amount of $5,450.80
was the lowest bid for the furnish.
ing of all labor and materials and
performing the work as provided
for in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award.
ed to Tschiggfrie Excavating Com-
pany and the Manager be and he.
is hereby directed to execute a con.
tract on behalf of the City of Du.
buque for the complete perform.
ance of said work.
BS IT FURTHER RESOLVED,
that upon the signing of said con.
tract and the approval of the con•
tractors bond the City Treasurer is
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 72.76
AUTHORIZING PUBLICATION OF
NOTICE OF AN ENVIRONMENT-
AL REVIEW FINDING FOR THE
PURCHASE OF CLEARED LAND
IN THE DOWNTOWN URBAN RE-
NEWAL PROJECT, IOWA R-15
WHEREAS, the City of Dubuque
under date of May 5, 1975, entered
into a Grant Agreement with the
U.S. Department of Housing and
Urban Development, providing for
financial assistance to the City un-
der Title I of the housing and
Community Development Act of
1974; and
WHEREAS, pursuant to such
Agreement, the City proposed to
undertake certain projects which
require environmental review; and
WHEREAS, an environmental
review has been processed in ac-
cordance with the rules and regu-
lations as promulgated by the
U.S. Devartment of Housing and
Urban Development for the pur-
chase of cleared land in the Down-
town Urban Renewal Project, Iowa
R-15; and
WHEREAS, an Environmental
Review Committee has after due
consideration made a determina-
tion that the above identified proj.
ect is not a major Federal action
significantly affecting the quality
of human life; and
WHEREAS, the Environmental
Review Record for the Project
must be made available for public
Special Session, March 8, 1976 109
inspection for a specified period
of time; now therefore
BE 1T RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the City Clerk be
and he is hereby authorized and
directed to publish a Notice of
Finding of No Significant Effect
on the Environment for the Project
identified as the purchase of clear.
ed land in the Downtown Urban
Renewal Project, Iowa R-15, and
to make the Environmental Review
Record for the Project available
for public inspection. Such notice
shall be in the form of Exhibit
"A" attached hereto and made a
part hereof.
Section 2. That the City of Du-
buque hereby declares its intent to
adopt a resolution on April 13,
1976, authorizing the submission
of a request to the U.S. Depart-
ment of Housing and Urban Devel-
opment for the release of funds
authorized under Title I of the
Housing and Community Develop-
ment Act of 1974, to undertake the
Project.
Passed, approved and adopted
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the environmental
procedures for the Community De-
velopment Block Grant Program,
the City of Dubuque has prepared
a Notice of Finding of No Signifi.
cant Effect on the Eavironment
for a Project identified as the pur-
chase of cleared land in the Down-
town Urban Renewal Project, Iowa
R-15, to be undertaken under Ti-
tle I of the Housing and Commun-
ity Development Act of 1974.
The City of Dubuque has found
that the Project has no signifi-
cant effect on the environment
based on the following facts and
reasons.
1• Assessment of the nature,
magnitude, and duration of any
adverse and positive impacts;
2. Consideration of alternatives
to the Project, commitment of re.
sources, known views of local
groups, measures which can be
instituted to lessen potential ad-
verse impacts and to enhance the
environment;
3. No loss of unique environ.
mental resources;
4. No irreversible development
trends;
5. A minimum occurrence of ad.
verse effects that cannot be
avoided; and
6. No impacts on properties pos-
sessing historical, archaeological,
architectural, or culture signifi.
cance.
The City of Dubuque has made
an Environmental Review Record
for the Project, and has placed
this record on file in the office of
the City Clerk in City Hall, 13th
and Iowa Streets, Dubuque, Iowa.
The Environmental Record is
available for examination and may
be copied between 8:00 A.M. and
5:00 P.M. daily except Saturdays,
Sundays and holidays.
No further environmental re-
view of the project is proposed
to be conducted, and the City of
Dubuque intends to request the
U.S. Department of Housing and
Urban Development to release
funds authorized by the Housing
and Community Development Act
of 1974 for the project.
Comments may be submitted to
the City of Dubuque until 12:00
noon, Wednesday, March 31, 1976,
addressed to Alvin E. Lundh, Ma-
yor of the City of Dubuque, City
Hall, 13th and Iowa Streets, Du-
buque, Iowa 52001.
Dated and Published March 9,
1976.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 79.76
WHEREAS, the City Council of
the City of Dubuque, Iowa has in-
stituted a Rehabilitation Commis-
sion for the purposes of improv-
110 Special Session, March 8, 1976
ing the quality of life in the cen-
tral city, and thereby guarantee-
ing its economic viability: and
WHEREAS, the City Council of
the City of Dubuque, Iowa has
provided funds through commun-
ity Development to assist hous-
ing rehabilitation: and
WHEREAS, the City Council of
the City of Dubuque. Iowa wishes
to foster encouragement for such
rehabilitation from and through
public and private organizations.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the City Coun-
cil of the City of Dubuque, Iowa
does and hereby commends the
Dubuque County Historical Socie-
ty for its program of recognition
of privately restored homes.
Section 2. That the City Coun-
cil of the City of Dubuque, Iowa
wishes to express its sincere ap-
preciation for the efforts of the
Dubuque County Historical Socie-
ty towards making Dubuque a bet-
ter community.
Passed, approved and adopted
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzherger
James E. Brady
Em -.'l Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 74-76
WHEREAS, applications for Liq.
uor 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, tha'
the following applications be ap
proved and Licenses issued upon
the compliance with the provision;
of Chapter 131, Acts of the Firs
tegular Session, 64th General As.
embly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
)elores Elliott, d/b/a Corner Tap,
2093 Washington St.
Passed, adopted and approved
his 8th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 75.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WIiEREAS, the premises to be
occupied by such applicants were
inspected 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 is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Delores Elliott, d/b/a Corner Tap,
2093 Washington Street
Passed, adopted and appproved
this 8th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, March 8, 1976 111
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
There being no further business,
Councilman Tully moved to ad-
journ the meeting to Wednesday
evening, March 10, 1976, at 7:00
o'clock P.M. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Leo F. Frommelt
City Clerk
Adopted August 16, 1976
Approved August 16, 1976
112 Adjourned Special Session, March 10, 1976
CITY COUNCIL
OFFICIAL
Adjourned Special Session,
March 10, 1976.
Council met at 7:00 P.M. (C.S.T.)
Present — Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gil-
bert D. Chavenelle.
Mayor Lundh read the call and
stated this is AN ADJOURNED
SESSION OF THE MEETING OF
MARCH 8, 1976 RELATIVE TO
CONTINUED CONSIDERATION
OF ADOPTION OF A RESOLU-
TION AUTHORIZING THE FIL-
ING OF AN APPLICATION FOR
A COMMUNITY DEVELOPMENT
BLOCK GRANT FOR THE CITY
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
Communication of Community
Development submitting a pro-
posed budget for activities to be
funded in the second year of the
Community Development Block
Grant Program, presented and
read. Councilman Brady moved
that the communication be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
March 9, 1976, presented and read.
Commissioner Donald Meyers ad-
dressed the Council relative to the
minutes, stating Engineering and
construction costs be incorporated
into the Program; Confused as to
lighting and earmarking money in
a contingency until proper plans
can be made. Suggesting sale of
property from Urban Renewal
land come into Community Devel-
opment Fund.
Councilman Tully moved that
the minutes of Community Devel-
opment Commission be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
RESOLUTION NO. 76-76
Authorizing the filing of an ap-
plication for a Community De-
velopment Block Grant for the
City of Dubuque.
WHEREAS, the City of Dubuque
is entitled to participate in the
Community Development Block
Grant Program authorized under
the provisions of Title I of the
Housing and Community Develop-
ment Act of 1974; and
WHEREAS, the City of Du-
buque has prepared an application
for such participation in accord-
ance with the policies and proce-
dures as prescribed by the U.S.
Department of Housing and Urban
Development; now therefore
BE 1T RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the application
for participation in the Commun-
ity Development Block Grant Pro-
gram is hereby approved, and the
Mayor of the City of Dubuque is
hereby authorized and directed to
execute the application on behalf
of the City of Dubuque.
Section 2. That the Director of
the Department of Community De-
velopment is hereby authorized
and directed to submit in the re-
quired number of copies, the exe-
cuted application to the U.S. De-
partment of Housing and Urban
Development and other appropri-
ate agencies together with such
other documents evidencing the
approval and authorizing the exe-
cution and implementation of such
application as may be required.
Passed, approved and adopted
this 10th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution and that ap-
plication contain revised program
Adjourned Special Session, March 10, 1976 113
by placing the light program in
contingencies. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Tully, Wertzberger.
Nays — Councilmen Brady,
Stackis.
There being no further business,
Councilman Wertzberger moved to
adjourn. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Leo F. Fro-nmelt
City Clerk
Adopted August 16, 1976
Approved August 16, 1976
114 Special Sesesion, March 22, 1976
CITY COUNCIL,
OFFICIAL
Special Session, March 22, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert:-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the PURPOSE OF AP-
PROVING THE ISSUANCE OF
;1,700,000. SOLID WASTE DIS-
POSAL REVENUE BONDS OF,
THE DUBUQUE METROPOLITAN
AREA SOLID WASTE AGENCY
and acting upon such other busi.
ness as may properly come before
a regular meeting of the Council.
Communication of Iowa Depart-
ment of Environmental Quality
submitting two mineral analysis
reports of the raw water samples
collected from City owned wells,
persented and read. Councilman
Tully moved that the communica-
tion be received and filed. Second-
ed by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit of
sewer extension, JFK Rd., East
Side, presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed.
Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality,
addressed to Councilman Stackis,
approving Intergovernmental
Agreement creating the Dubuque
Metropolitan Area Solid Waste
Agency pursuant to Authority of
Section 28E.10 of the Code, pre.
sented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by
Mayor Lundh. Carried by the fol.
lowing vote:
Yeas -- Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit for
300' 6" Water Main on Richard's
Road, presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed.
Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Dubuque
Building & Construction Trades
Council submitting the name of
Don Redding for consideration on
vacancy on Board of Adjustment,
presented and read. Councilman
Brady moved that the communi-
cation be received and filed and
referred to Council. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Airport Com-
mission submitting minutes of
their meeting of March 11, 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, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Donald C.
Meyers, Sec'y-Treas. of Dubuque
Metropolitan Area Solid Waste
Agency requesting the Council to
set aside monies in the 1977 bud.
get for engineering studies for an
energy recovery system for the
County and City, presented and
read. Councilman Tully moved
that the communication be re-
ceived and filed and referred to
Council. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Special Sesesion, March 22, 1976 115
Communication of Rehabilita-
tion Commission Chairman, Walter
Holl, informing the Council of
three vacancies on the Commis-
sion and requesting the Council
to fill the positions immediately,
presented and read. Councilman
Tully moved that the communica-
tion be received and filed and re-
ferred to Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — ?Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
RESOLUTION NO. 77.76
Restructuring the Rehabilitation
Commission of the City of Du-
buque.
WHEREAS, pursuant to Resolu-
tion No. 280-75 adopted under
date of July 28, 1975, there was
established a Rehabilitation Com-
mission of the City of Dubuque to
perform and provide certain ser-
vices in the field of community
development as it related to the
conservation, preservation and re-
habilitation of the housing stock
of the City of Dubuque; and
WHEREAS, membership on the
Rehabilitation Commission includ-
ed representation from each bank
and each savings and loan asso-
ciation maintaining an office for
the transaction of business in the
City of Dubuque; and
WHEREAS, it has not proved
practicable to include such repre-
sentation on the Rehabilitation
Commission, now therefore:
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
SECTION 1. That subsection A
Of Section U entitled "Member-
ship" of the Rehabilitation Com-
mision, as it heretofore existed,
be and the same is hereby re-
pealed, and the following new sub-
section substituted therefore.
"The Rehabilitation Commission
shall have a membership of not
less than thirteen persons, who
shall be appointed by the City
Council of the City of Dubuque
for terms of three years. Four of
the initial appointments shall be
for a one-year term, four of such
appointments shall be for a term
Of two years, and the balance of
such appointments shall be for a
term of three years. Upon comple-
tion of their term of office, mem.
bers may continue to serve in
their full capacity until a succes-
sor has been duly appointed and
qualified as provided herein."
Section 2. That that portion of
subsection C of Section II entitled
"Membership" which presently
reads:
"1. One each from each bank
and each savings and loan
association maintaining an
office for the transaction of
business in the City of Du-
buque."
as it heretofore existed be and the
same is hereby repealed.
Passed, adopted and approved
this 22nd day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Formmelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Robert Hoh-
mann suggesting the installation
of at least three major bicycle
routes in the City or separate
lanes for bike riders, presented
and read. Councilman Stackis
moved that the communication be
received and filed and referred to
City Manager and Recreation De-
partment. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
man Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Playground &
Recreation Commission submitting
minutes of their meetings of
March 8th and 15th, 1976, pre-
sented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by
116 Special Sesesion, March 22, 1976
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of Lo-
cation and Design approval by
Iowa DOT from the Federal High-
way Administration for recon-
struction of Jackson Street from
12th St. to 32nd St., presented and
read. Councilman Stackis moved
that the proof of publication be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote,
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of State Depart-
ment of Public Instruction advis-
ing of the Children's Summer Food
Program providing for reimburse-
ment of meals, presented and read.
Councilman Wertzberger moved
that the communication be re-
ceived and filed and referred to
City Manager. Seconded by Coun-
cilmn Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
March 11, 1976
Honorable Mayor and
Members of the City Council
I have approved the following
bond and policy and desire to
have your approval of same.
Sidewalk Bond Continuation
Certificate
Heitzman Construction Co. $1000
Bond No. 932726 to 4-30-76, Uni-
versal Surety Co.
General Liability Policy
Dubuque Stone Products Co. et al
Policy No. GA 788688 to Janu-
ary 3, 1977, Bituminous Casual-
ty Corporation.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed and approved. Seconded
by Councilman Wertzberger. Car•
ried by the following vote:
Yeas — Mayor Lundh, Council,
men Brady, Stackis, Tully, Wertz
berger.
Nays—None.
March 11, 1976
3onorable Mayor
ind City Council
I am returning the petition of
Richard Henschel for street lights
)n June Drive.
The area has been investigated
by the electrical inspector and it
is recommended that two 175 watt
mercury vapor fixtures be in-
stalled on wood poles at the fol-
lowing locations:
1. On easement west property
line of Lot 6 of Block 1
2. On easement between Lot 3
and Lot 2, Block 1
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed and request ap-
proved. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
March 16, 1976
Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, Finance Di-
rector, Health Department, Water
Superintendent, and a list of
claims paid, for the month of Feb-
ruary 1976.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality is-
suing a permit to Richard Hensch-
el to construct a sanitary sewer in
Timber Ridge Addn. Blocks 4 and
5, presented and read. Councilman
Tully moved that the communica-
tion be received and filed. Second.
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Lundh, council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None
Special Sesesion, March 22, 1976 117
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of March
17, 1976, presented and read. Coun-
cilman Stackis moved that the
minutes be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Housing Com-
mission submitting minutes of
their meeting of March 16, 1976,
presented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
March 19, 1976
Honorable Mayor and
City Council
By your instruction, the City of
Dubuque Planning and Zoning
Commission has held a public
hearing on a proposal to extend
the OR -1 Office Residence District
into portions of the C-4 and H -I
Districts lying south of 141th St.,
east of White Street, north of 12th
Street, east of Washington Street
from 12th to 13th Street and east
of Pine Street from 13th Street
to 14th Street, all as shown on
the attached map. The original
petition in this matter, as well as
later letters and petitions voicing
objection to the proposal are at-
tached for your review.
You should note that the Com-
mission has considered this mat-
ter at two sessions of a public
hearing and has made a field in-
spection of the area. After these
considerable deliberations, a mo-
tion was made to recommend ap-
proval of a two-year, interim re-
classification with exemption of
all properties currently in use or
Purchased for commercial pur-
poses (consistent with the Iowa
Supreme Court ruling of 1971 for
the larger neighborhood to the
north). The vote on this motion
was three in favor two opposed
With one abstention and the
Chairman not voting. You may re-
call that the Zoning Ordinance No.
32-75 provides that a substantial
zoning reclassification does not
stand approved by the Planning
and Zoning Commission with less
than a three-fourths affirmative
vote. Lacking the necessary five
affirmative votes, the motion to
approve did not carry so that the
matter now stands before you
with an official recommendation
to deny the request.
City of Dubuque Planning
and Zoning Commission
Daniel Dittemore
Development Planner
Councilman Brady moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
John J. "Hank" Waltz read and
presented the following communi-
cation.
In August or September of
1975, this Council put into law a
Zoning Ordinance for the City of
Dubuque. This Ordinance contains
specific wording on procedures to
be followed after receiving a re-
quest for rezoning. This procedure
was inserted into the Zoning Ordi-
nance to protect the interest of
the petitioner and objectors of the
petition alike and this is the way
it should be.
It is my contention that the
Planning and Zoning Commission
by not following these procedures
set forth in the Zoning Ordinance
of 1975, did give to this Council
their approval for the request
from us to rezone 5% blocks from
Commercial and H -I to OR -1 Clas-
sification.
To furnish proof, through offi-
cial documents to sustain my rea-
soning, I would like to offer to
this Council for your considera-
tion and action the following:
On November 24, 1975, I ap-
peared before this Council with a
petition for rezoning for 5% blocks
in the Washington Neighborhood.
On December 17, 1975, 22 days
later, I appeared before the Plan-
ning & Zoning Commission. On
January 21, 1976, the Planning &
Zoning Commission set a public
118 Special Session, March 24 1976
hearing on our request for Feb-
ruary 18, 1976. On February 18,
1976, half way through the pub-
lic hearing, it was called off and
continued until the 17th of March,
1976, in which the Commission
voted 4 to 2 in favor of the re-
quest which is not enough for ap-
proval. I would like to refer this
Council to Section 8-102.1 of the
Zoning Ordinance which states a
failure by the Commission to act
within 60 days following receipt
of the proposed amendment, shall
constitute Commission approval
thereof.
The conclusion I reach is that
our request was presented to this
Body on November 24, 1975 which
was referred to Planning & Zon-
ing. Their final action came on
March 17, 1976, which is 113 days
later, (action should have been
taken by January 24, 1976), which
is 53 days longer than the law al-
lows.
It is my belief that the Council,
the Commission and the Staff
should follow the same laws as is
required of the Citizens of Du-
buque. I ask this Council to
change the Commission's refusal
to one of approval as is required
by law.
John J. "Hank" Waltz
Councilman Brady moved that
the communication presented and
read by John J. "Hank" Waltz be
received and filed and be made a
matter of record. Seconded by Ma-
yor Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Councilman Stackis moved that
the communication submitted by
the Planning & Zoning Commis-
sion be received and filed and re-
ferred for proper proceedings.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
Communication of Dubuque Hu
man Rights Commission submit
ting minutes of their meeting o:
March 11, 1976, presented ane
read. Councilman Stackis move(
that the minutes be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
March 17, 1976
Honorable Mayor and
Councilmen
On March 29, 1974, City of Du-
buque was served with Original
Notice of an action commenced
by John C. Wagner and Mary
Wagner, husband and wife, against
Elmer Erner and the City of Du-
buque, Iowa, which action was
filed in the District Court of Du-
buque County, Iowa, and said ac-
tion was filed in pertinent counts
against the City of Dubuque, Iowa
asking for damages in the amount
of $50,000.00 for the plaintiff, John
C. Wagner, and damages in the
sum of $10,000.00 for the plain-
tiff, Mary Wagner.
The claim arose out of an inci-
dent that occurred on or about
December 28, 1973 when the plain-
tiff, John C. Wagner, was walking
from the northwest corner from
18th and Elm Street to the south-
west corner at 18th and Elm and
as he was traversing the intersec-
tion, a car operated by the de-
fendant, Elmer Erner, made a left
hand turn and the plaintiff, being
fearful of a collision, jumped out
of the way and claims that as a
result of the accumulation of ice
and snow thereat. He fell and
broke his ankle, and suffered a
fracture: of the tibia and fibula of
the left leg and the plaintiff, Mary
Wagner, claims damages by rea-
son of loss of consortium resulting
from the injuries to the plaintiff,
John C. Wagner.
The matter was referred to the
City Attorney on April 2, 1974,
and appropriate defenses were
made thereto and the matter was
scheduled for trial on the 23rd
day of February 1976 at which
time an offer of settlement was
made to the City of Dubuque of-
fering to settle the matter in the
sum of $3,000.00 for the City's
share.
The plaintiffs have offered to
settle for the total sum of
$15,000,00 of which the City is
Special Sesesion, March 22, 19,6 119
asked to contribute the sum of
53,000.00.
I have made an investigation of
this matter and have interposed
the appropriate defenses and it is
my opinion that on this cause of
action a jury question could very
well be generated and, according-
ly, it is the recommendation of
the City Attorney's office that the
offer of settlement be accepted
in the amount of $3,000.00.
Accordingly, the City Attorney's
office request permission and au-
thority to confess judgment in fa-
vor of American States Insurance
Company, insurer of Elmer Erner,
defendant, and Elmer Erner in the
sum of $3,000.00 together with
the legal rate of interest at 7%
from the 26th day of March, 1976
and that the City Attorney be au-
thorized and directed and empow-
ered to do any and all things nec-
essary and incidental to the set-
tlement of said litigation.
Copy of original notice with pe-
tition attached is herewith re-
turned.
R. N. Russo
City Attorney
Councilman Stackis moved that
the communication be received
and filed and recommendation of
settlement be approved. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Notice of suit of Rose Linden
vs. Gerald E. Miller & City of Du-
buque, in the amount of $22,563.00,
for personal injuries received in
a fall on a defective sidewalk at
2417 Rhomberg Ave. on Septem-
ber 20, 1975, presented and read.
Mayor Lundh moved that the No.
tice of Suit be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays --None.
Notice of Claim of Mrs. Carol
Carpenter, in an undetermined
amount, for personal injuries re-
ceived in a fall on an icy side-
walk at 2932 Elm St. on January
26, 076, presented and read. Ma-
yor Lundh moved that the Notice
of r:aim be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays—None.
AN ORDINANCE creating and
establishing a Central Market, the
display and sale of merchandise
and food thereon, prohibiting the
display of food on streets and side.
walks elsewhere in the City, ap-
pointing a Market Master and de-
fining the authority and duties of
the Market Master and repealing
Ordinance No. 23-52, Ordinance
No. 38 and Ordinance No. 207, and
prescribing penalties for violation
thereof, presented and read. Coun-
cilman Stackis moved that the Or-
dinance be referred back to the
Health Department for explana-
tions and changes. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
A request by Mayor Lundh to
discuss an Ordinance relating to
certified survey plat for improve-
ments on all properties including
Single Family as a condition of
an occupancy permit was present-
ed and discussed. Mayor Lundh
moved that the Ordinance be re-
ferred to the Building Code Board
of Appeals for recommendation
and study. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of United Cerebral Pal-
sy of Dubuque requesting permis-
sion to conduct a Bike-A-Thon
within the City Limits on May 1,
1976, presented and read. Council-
man Stackis moved that the peti.
tion be referred to the City Man-
ager for consultation with the
group involved and City Manager
directed to report back to Council.
Seconded by Councilman Brady.
Carried by the following vote:
120 Special Sesesion, March 22, 1976
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Dubuque Sports Un-
limited Inc. requesting a meeting
with the Council after a City
Council meeting, not to ask for
financial assistance but looking
for suggestions and hoping to es-
tablish a board to help alleviate
some problems, presented and
read. Councilman Tully moved that
the petition be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
Petitions of objection to pro-
posed annexation of Frank J. Fin -
cel, Yvonne R. Buelow et al Union
Park, J.F.K. Rd. area (132 sign-
ers); Ed. Tschiggfrie et al (109
signers), Peru Rd. area; Elaine
Sawvell et al (53 signers), Peru
lid. Area: Tom Witterholt et al
(34 signers), Peru Rd. area; Arden
Esslinger et al (41 signers) Bar-
ony Woods area; Robert Kahle et
al (13 signers) Robinhood Drive
area; and Al J. Westhoff et al (120
signers) Cedar Cross Road area,
presented and read. Councilman
Stackis moved that the petitions
be referred to the Public Hearing
to be held on annexation. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of James Schwers by
Attorney Norby, requesting a re-
fund of $;5.00, being the differ-
ence between amount paid and
the correct filing fee for a rezon-
ing request, presented and read.
Councilman Tully moved that the
petition be referred to the Plan-
ning & Zoning Commission for ex-
planation and report. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz
berger.
Nays—None.
Petition of Gerald L. Guy et a
(22 signers) objecting to annexa
tion of a parcel of land adjoining
Peg -O -Mesa Sub., presented ane
-ead. Councilman Wertzberger
noved that the petition be re.
:eived and filed and referred to
,ouncil. Seconded by Councilman
Cully. Carried by the following
Tote:
Yeas — Mayor Lundh, Council -
nen Brady, Stackis, Tully, Wertz-
)erger.
Nays—None.
Petition of Memorial Day Com-
mittee requesting permission to
:onduct a Memorial Day Parade on
May 31, 1976, presented and read.
Councilman Stackis moved that
the petition be approved subject
to final approval of the City Man-
ager. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of James A. Aird et ux
requesting vacation and purchase
of a lot abutting their property
at 645 N. Burden St., presented
and read. Mayor Lundh moved
that the petition be referred to
the City Manager. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Girl Scout Senior
Troop #59 Little Cloud Council
requesting official sanction to rep-
resent the City while in Mexico
City from July 7 to 19, 1976, pre-
sented and read. Councihnan Tully
moved that the request be grant-
ed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Mayor Lundh read and signed
a proclamation designating Girl
Scout Senior Troop #59 Little
Cloud Council as ,Official City
Representatives" while in Mexico
City.
Petition of Dubuque County His-
torical Society requesting consid-
eration to preserve some of the
cast iron light fixtures in the Cen-
tral Ave. area in addition to mod.
ern lighting, presented and read.
Special Sesesion, March 22, 1976 121
Councilman Brady moved that the
petition be received and filed and
referred to the 4th Street Neigh-
borhood Coordinating Body and
to the Community Development
Department. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas — Mayor Lundh, Council-
man Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Petition of Phillip R. Love re-
questing a refund of $211.25 on
unexpired portion of Beer -Liquor
License No. C-3004, discontinued
business on March 2, 1976, pre-
sented and read. Councilman
Stackis moved that the refund be
granted and City Auditor directed
to issue proper warrant. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 78.76
WHEREAS, the City of Dubuque,
Iowa has heretofore entered into a
Service Agreement between the
City of Dubuque, Iowa and the Du-
buque Metropolitan Area Solid
Waste Agency, dated February 2,
1976; and
WHEREAS, the parties hereto
desire to amend said Agreement in
order to affectuate the intent of
the parties;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Service
Agreement heretofore entered into
by and between the City of Dubu-
que Metropolitan Area Solid Waste
Agency, dated February 2, 1976 be
and the same is hereby amended
by striking subsection 2 of Section
106 and enacting a new subsection
2 of Section 106 in lieu thereof as
set out in Exhibit "A" hereto at-
tached and by reference made a
part hereof as though fully set
out herein.
Section 2. That the Mayor be
and he is hereby authorized and
empowered to execute said Amend.
ment to Agreement for and on be-
half of the City of Dubuque, Iowa.
Section 3. That the City Clerk be
and he is herby authorized and di.
rected to attest said Agreement as
City Clerk and to transmit exe-
cuted copy of said Amendment to
Agreement together with certified
copy of this Resolution to Dubuque
Metropolitan Area Solid Waste
Agency in care of R. N. Russo, at-
torney-at-law, 236 Fischer Building,
Dubuque, Iowa, 52001.
Passed, approved and adopted
this 22 day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
AMENDMENT
TO
DUBUQUE METROPOLITAN AREA
SOLID WESTE AGENCY
SOLID WASTE SERVICE
AGREEMENT
BETWEEN THE AGENCY AND
THE CITY OF DUBUQUE
(MEMBER)
WHEREAS, an Agreement was
made and entered into on the 2nd
day of February, 1976, between the
City of Dubuque, Iowa, a corporate
body, hereinafter designated as the
"City" and the Dubuque Metro-
politan Area Solid Waste Agency,
hereinafter designated as the
"Agency"; and
WHEREAS, the parties hereto
have determined that in order to
serve the best interests of the par-
ties hereto that said Agreement,
dated February 2, 1976, should be
amended:
THEY DO NOW THEREFORE
stipulate and agree as follows:
1. That the Agreement made and
entered into on the 2nd day of
February, 1976, between the City
of Dubuque, Iowa, a corporate
body, hereinafter designated as the
"City" and the Dubuque Metro-
politan Area Solid Waste Agency,
herinafter designated as the "Ag-
ency" be and the same should be
amended by striking subsection 2
of Section 106 from said Agree-
ment and providing for a new sub-
section 2 of Section 106 from said
122 Special Sesesion, March 22, 1976
Agrement and providing for a new
subsection 2 of Section 106 in lieu
thereof as follows:
"Sation 106.
2. The Agency shall prepare a
budget based on the fiscal year
ending June 30th of each year or
as may be established by the State
of Iowa, at least four months pre-
ceding the beginning of the budget
year showing the estimated ex-
penditures for operation and main-
tenance, debt service requirements
and reserves for the year. Copies
of said annual budget shall be sent
to each Member within fifteen (15)
days after its preparation. Within
thirty (30) days after receipt of
said budget the City or any Mem-
ber may file objections and request
a hearing on such budget. If such
a hearing is requested, the Agency
shall schedule such hearing within
ten (10) days of receipt of such
request and shall give at least one
week's published notice of the
time and place of hearing. At said
hearing any Member or user shall
have the right to appear and ex-
plain his objections both orally
and in writing. At the conclusion of
the hearing the Agency may make
the changes determined by the
hearing or may adopt the budget
as originally proposed. Said an-
nual budget shall be divided into
quarterly requirements. The
amounts due to the Agency from
the City under this section shall
be based upon the budgeted
amounts for the preceding fiscal
year, except that for the fiscal
year 1976.1977 it shall be based
upon the actual budgeted amount:
for said year. The amount to be
paid by each member for eact
quarter shall be reduced propor
tionately by the amount of rev
enues collected by the Agency
for the Project in the precedini
quarter. Such quarterly payment:
shall be paid no later than thi
fifth day of each January, eacl
April, each July and each October
For the fiscal year, commenc
ing July 1, 1976, the City shal
commence the above specifies
quarterly payments on January
1977 and shall advance the Agene;
the sum of $50,000.00. The Agenc;
shall reimburse the advance iron
the surplus fund account over th
first five (5) years of operation."
2. That the contract entered int
iy and between the parties hereto,
fated February 2, 1976, in all re-
pects is herewith confirmed and
-atified except as herein amended.
CITY OF DUBUQUE, IOWA
BY: Alvin E. Lundh, Mayor
kttest:
Leo F. Frommelt,
City Clerk
DUBUQUE METROPOLITAN
AREA SOLID WASTE
AGENCY
By: Emil Stackis, Chairman
Attest:
By: Donald C. Meyers, Secretary
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of
Meeting for issuance of Solid
Waste Revenue Bonds, presented
and read. Councilman Stackis mov-
ed that the proof of publication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 79.76
RESOLUTION approving the is-
suance of $1,700,000 Solid Waste
Disposal Revenue Bonds of the
Dubuque Metropolitan Area
Solid Waste Agency.
WHEREAS the City of Dubuque,
Iowa and Dubuque County, Iowa,
have heretofore entered into an
Intergovernmental Agreement pur-
suant to the provisions of Chapter
28E of the Code of Iowa, 1975, as
amended, for the purpose of creat-
ing the Dubuque Metropolitan
Solid Waste Agency; and
WHEREAS the Agency was
created for the purpose of provid-
ing the City and the County with
the economic transport, processing
and disposal of solid waste Pro-
duced or generated within the City
and the County; and
WHEREAS in order to pay the
cost of the Sanitary Landfill Site,
necessary improvements thereto
and equipment therefor, the Ag-
ency Board has determined that
Special Sesesion, March 22, 1976 123
it is necessary to authorize and
and the same is hereby approved
issue $1,700,000 Solid Waste Dis.
in all respects.
posal Revenue Bonds of that Agen-
Section 2. That the City Council
cy, such bonds to be payable solely
of the City of Dubuque, Iowa,
and only from rates, fees and
hereby authorizes the issuance of
charges to be paid by the City and
the aforesaid bonds by the Agency
the County to the Agency for solid
Board of the Dubuque Metropolitan
waste disposal services, funds for
Area Solid Waste Agency,
which are to be derived from rates
Section 3. That all resolutions
and charges imposed and collected
or parts thereof in conflict here-
by the City and the County and
with be and the same are hereby
payable by residents, property own -
repealed and that this resolution
ers and businesses for solid waste
become effective immediately up -
disposal services made available
on passage and approval.
within the corporate limits of the
City and the County; and
Passed and approved March 22,
WHEREAS under the provisions
1976.
Alvin E. Lundh
of Section 28F.3 of the Code of
Mayor
Iowa, 1975, as amended, the power
Thomas A. Tully
of the Agency to issue said revenue
Richard Wertzberger
bonds may not be exercised until
James E. Brady
authorized by a resolution or ordin-
Emil Stackis
ance duly adopted by each of the
Councilman
public agencies participating in the
Attest:
i Intergovernmental Agreement and
Leo F. Frommelt,
there has been presented to this
City Clerk
City Council a resolution entitled
Recorded March 22, 1976.
"A Resolution authorizing the ac-
Leo F. Frommelt,
quisition and construction of a
City Clerk
Sanitary Landfill Site, improve-
ments thereto and equipment
Councilman Stackis moved adop-
therefor by the Dubuque Metro-
tion of the resolution. Seconded by
politan Area Solid Waste Agency
Councilman Tully. Carried by the
and authorizing the issuance of
following vote:
Solid Waste Disposal Revenue
Yeas—Mayor Lundh, Councilmen
Bonds in a principal amount of
Brady, Stackis, Tully Wertzberger.
$1,700,000 to finance the cost
Nays—None.
i thereof and providing for the
March 16, 1976
rights, remedies and security of
Honorable Mayor
the holders of said bonds," which
and City Council
the Agency Board will adopt at
The attached resolution is an
the time and place fixed for the
amendment to Resolution Number
hearing on the issuance of these
5476 establishing the connection
bonds;
fees for the Asbury Sewer line
NOW, THEREFORE, Be It Re.
from the flow measuring station
solved by the City Council of the
on Radford Road to the twelve
City of Dubuque, Iowa, as follows:
inch Catfish Creek Interceptor
Section 1. That the proposed
resolution to be adopted by the
Sewer.
The original resolution passed
Agency Board of the Dubuque
on the 23rd day of February, 1976
Metropolitan Area Solid Waste
contained an error in listing the
Agency referred to in the pre-
lots involved in the connection
amble hereof and entitled "A Reso-
charge. This amendment to that
lution authorizing the acquisition
resolution restates and corrects
and construction of a Sanitary
Landfill Site, improvements
those lots.
Gilbert D. Chavenelle
there.
to and equipment therefor by the
City Manager
Dubuque Metropolitan Area Solid
Councilman Wertzberger moved
Waste Agency and authorizing the
that the communication be receiv-
issuance of Solid Waste Disposal
ed and filed. Seconded by Coun-
Revenue Bonds in a principal
oilman Tully. Carried by the fol -
amount of $1,700,000 to finance
lowing vote:
the cost thereof and providing for
Yeas—Mayor Lundh, Councilmen
the rights, remedies and security
of the
Brady, Stackis, Tully, Wertzberger,
holders of said bonds" be
Nays—None.
124 Special Sesesion, March 22 1976
RESOLUTION NO. 80-76
Resolution Amending the Con-
nection charge established by
Resolution No. 54.76 for the
twelve (12) inch vitrified tile
Sanitary Sewer from the As-
bury flow measuring station
on Radford Road to the twelve
(12) inch Catfish Creek Inter-
ceptor Sewer.
WHEREAS, the City of Dubuque
and the Town of Asbury entered
into an agreement dated July 24,
1973 for the construction of a
twelve (12) inch sanitary sewer
system to serve the Town of As-
bury, and
WHEREAS, the sanitary sewer
from the Asbury flow measuring
station on Radford Road to the
twelve (12) inch Catfish Creek In.
terceptor Sewer has been com-
pleted and been placed into op-
eration, and
WHEREAS, the firm of Cullen,
Kilby, Carolan and Associates have
inspected same, and have certified
to the Town of Asbury that said
sewer was completed substantially
in accordance with plans and
specifications, and
WHEREAS, the Town of Asbury
has certified that their local cost
of constructing said sewer was
$29,584.63, and
NNIHEREAS, the City of Dubuque
has made payment to the Town of
Asbury in the amount of $7,026.50
as a contribution toward land ac-
quisition and easements, and
WHEREAS, Section 10 of the
aforementioned Agreement states
that a connection charge shall be
established to reimburse the Town
of Asbury for their local costs of
the construction.
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa:
Section 1. That any person or
persons desiring to connect with
said sewer shall first apply to the
City Manager of the City of Dubu•
que, Iowa, for permission to do
so, and such permission shall be
granted upon condition that the
applicant shall pay $96.00 per acre
to the City Treasurer of Dubuque
for the account of the Town of
Asbury, Iowa, as a connection
charge. Said connection charge
shall be payable prior to provid
ing sanitary sewer service to tht
following described property:
The west one-half of the south
!ast quarter of Section 20, also
:ailed Mineral Lot 401; Lot 2 of
tortheast quarter of the southeast
Iuarter of Section 20; the south.
Nest quarter of the northeast quar.
ter of Section 20; the northeast
Iuarter of the southwest quarter
A Section 20; and the southeast
quarter of the southeast quarter of
Section 20; all in Township 89
Horth, Range 2 East of the 5th
P.M. in Dubuque County, Iowa.
This Resolution is not to be con-
strued to mean that the property
owner is relieved of any applicable
connection charges due under
Resolution No. 38-71.
Section 2. Any applicant who
desires to serve his property by
connecting to said sewer, which
property is not within the corpor-
ate limits of the City of Dubuque,
Iowa, shall annex the same to the
City of Dubuque, Iowa, voluntar-
ily, as a condition precedent to
such connection.
Section 3. Nothing in this Reso-
lution shall be construed to exact
any charge for the extension of
said sewer by the City of Du-
buque, Iowa, or its permittes.
Section 4. That the City Clerk of
the City of Dubuque, Iowa, be and
he is hereby authorized and direct-
ed to record a certified copy of
this Resolution in the office of the
County Recorder of Dubuque Coun-
ty, Iowa.
Section S. That Resolution No.
54-76 adopted and approved by
the City Council on the 23rd day
of February, 1976, which establish-
ed the connection charge on the
sewer be and the same is hereby
repealed and cancelled and is of
no further force or effect.
Passed, adopted, approved this
22nd day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E, Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Sesesion, March 22, 1976 125
March 15, 1976
Honorable Mayor
and City Council
The attached agreement is an
amendment to the Federal Aid
agreement for the reconstruction
of Jackson Street. The original
agreement, dated January 26, 1976,
provided for the reimbursement of
70 percent of the construction cost
of the project.
The amendment to this agree-
ment provides for 70 percent re-
imbursement of engineering costs
involved in the inspection and ad-
ministration of the project, in ad-
dition to the construction reim-
bursement.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 81.76
Resolution Authorizing Execu-
tion of an Amendment to
Agreement Number 75-F-074
dated January 26, 1976, be-
tween the City of Dubuque,
Iowa, and the Iowa Department
OF Transportation relating to
the Reconstruction of Jackson
Street from 12th Street to Dia-
mond.
BE IT RESOLVED that the May-
or and City Clerk be and they are
hereby authorized and directed to
execute the amendment to agree-
ment number 75-F-074, two copies
of which are attached, relating to
the reimbursement of engineering
costs of the reconstruction of
Jackson Street from 12th to Dia-
mond.
Passed, approved, and adopted
this 22nd day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest: Councilmen
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car.
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully Wertzberger.
Nays—None.
A Resolution recognizing a
neighborhood organization for
membership on the Community
Development Commission, known
as Hill Street Neighborhood Assn.,
presented and read. Councilman
Brady moved that the resolution
be referred back to the Commun-
ity Development Commission for
further study and request that a
petition be forwarded to Council
representing 5017,, of eligible voters
in the area. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 82-76
Endorsing Week of May 15,
1976 to May 23, 1976 and en-
tire Month of May as "Beauti-
fy Dubuque Week and Month"
WHEREAS, May 15, 1976 to
May 23, 1976 has been designated
as 'Beautify Dubuque Week," and
the entire month of May has been
designated as 'Beautify Dubuque
Month"; and
WHEREAS, such project has
called upon the vast personal re-
sources of the inhabitants of this
community to respond in making
such event a success; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, does
wholeheartedly endorse said civic
effort; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, desires
to go on record in commiting its
spiritual assistance to the end that
said project may enjoy a citywide
acceptance and participation; now
therefore
BE it RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
Dubuque, IOWA:
Section 1. That the City Council,
City of Dubuque, does hereby pro-
claim the wek of May 15, 1976 to
May 23, 1976, inclusive, as "Beau-
tify Dubuque Week" and that it
does hereby designate and estab-
lish the month of May as "Beauti-
fy Dubuque Month."
Section 2. That the City Council,
City of Dubuque, urges every citi.
zen and inhabitant of this commun-
126 Special Sesesion, March 22, 1976
ity to join in this worthwhile proj-
ect and to participate in this com-
munity evnt to the end that each
one may take a vital share in the
beautification of this community.
Section 3. That the City Council,
City of Dubuque, does formally go
on record in commiting its spirit-
ual support to this vast community
effort, and encourages all inhabit-
ants of this community to lend
whatever assistance is necessary to
make this effort of nationwide sig-
nificance.
Passed, adopted and approved
this 22nd day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 83.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Nicholas John Kass, d/b/a L & E
Tavern, 500 Rhomberg Ave.
A.R.A. Service -University of Du-
buque Student Union, 2050 Uni-
versity Ave.
A.R.A. Service -University of Du-
buque Peter Commons Dining
Room, 2050 University Ave.
Passed, adopted and approved
this 22nd day of March 1976.
Alvin L. Lundli
Mayor
Thomas A, Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest: Councilmen
Leo F. Frommelt,
City Clerk
Councilman Stackis moved ad-
option of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor I.undh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None,
RESOLUTION NO. B4.76
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
Nicholas John Kass dib/a L & E
Tavern, 500 Rhomberg Ave.
CLASS "C" BEER PERMIT
Thomas M. Astgen dib/a Oky Doky
#11, 1101 Rhomberg Ave.
Earl Edmund Schumacher d/b/a
Oky Doky Foods #5, 2204 Cen-
tral Ave.
Will -Co Inc, d/bla Oky Doky Food
#10, 805 West 5th St.
Thomas J. Manternach d/b/a Ter-
race heights Store, 4001 Peru
Road
William John White d/b/a Hill-
crest I.G.A. Foodliner, 1993 As-
bury Rd.
Passed, adopted and approved
this 22nd day of March 1976.
Alvin E. Lundh,
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved ad-
option of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 85-76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
Special Sesesion, March 22 1976 127
received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances 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
Nicholas John Kass d/b/a I, & E
Tavern, 500 Rhomberg Ave,
CLASS "C" BEER PERMIT
Thomas M. Astgen d/b/a Oky Doky
#11, 1101 Rhomberg Ave.
Earl Edmund Schumacher d/b/a
Oky Doky Foods #5, 2204 Cen-
tral Ave.
Will -Co Inc. d/b/a Oky Doky Food
#10, 805 West 5th St.
Thomas J. Manternach d/b/a Ter-
race Heights Store, 4001 Peru
Road
William John White d/b/a Hill-
crest I.G.A Foodliner, 1993 As-
bury Road
Passed, adopted and approved
this 22nd day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 86.76
WHEREAS, applications for Liq-
uor 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 ap-
proved and Licenses Issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th Genral As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Alice H. Erschen d/b/a Benny's
Steak House (Also Sunday Sales),
2617 University Ave.
Fraternal Order of Eagles #568
(Also Sunday Sales), 1175 Cen.
tury Drive
Kathleen L. Wedig d/b/a Kay's
Tap, 1399 Jackson Street
Passed, adopted and approved
this 22nd day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 87.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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 is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Alice H. Erschen d/b/a Benny's
Steak House (Also Sunday Sales)
2617 University Ave.
Fraternal Order of Eagles #568
Also Sunday Sales) 1175 Century
Drive
128 Special Sesesion, March 22, 1976
Kathleen L. Wedig d/b/a Kay's Tap
1399 Jackson Street
Passed, adopted and
this 22nd day of March 1976
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Attorney Peter Klauer repre-
senting Mr. Winsor made an ap-
peal for a beer license to be is-
sued to Mr. Winsor, as a renew-
able applicant at the Bunker Hill
Golf Course and referred the Coun-
cil to Code section 123 of the Iowa
Liquor Control Act. Mr. Richard
B. Winsor made a personal appeal
for the issuance of a beer license
to him at the Bunker Hill Golf
Course. Police Chief O'Brien stated
that he could not recommend issu-
ing a license to Mr. Winsor when
there is a strong possibility of in-
termingling of funds of Bunker
Hill with those of another opera-
tion downtown that Mr. Winsor is
involved in. The Police Chief reg-
istered strong objection that a City
function, such as Bunker Hill,
should subsidize an operation of
that nature, characterized as a
focal point of operation of a ques-
tionable nature. He would not
discuss the matter any further due
to a pending court case.
RESOLUTION NO. 88.76
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 grantee
and permits issued upon the com
pliance with the terms of th4
Ordinances of the City.
CLASS "B" BEER PERMIT
iichard B. Winsor Bunker Hill
Golf Course (Alsn Sunday Sales)
Bunker Hill Road
Passed, adopted and approved
his 22nd day of March 1976.
Mayor I.undh moved adoption
Df the resolution. Seconded by
,ouncilman Wertzberger. Vote on
the Motion was as follows:
Yeas—Mayor Lundh, Councilman
Wertzberger.
Nays—Councilmen Brady, Stack -
is, Tully.
MOTION FAILED.
RESOLUTION NO. 89.76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have re-
ceived the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances 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 "43" BEER PERMIT
Richard B. Winsor dlbla Bunker
Hill Golf Course (Also Sunday
Sales) Bunker Hill Road
Passed, adopted and approved
this 22nd day of March 1976.
Mayor Lundh moved adoption of
the resolution. Seconded by Coun.
cilman Wertzberger. Vote on the
Motion was as follows:
Yeas—Mayor Lundh, Councilman
Wertzberger.
Nays—Councilmen Brady, Stack -
is, Tully.
MOTION FAILED.
At 11:05 P.M. Councilman Tully
moved to go into Executive Ses-
sion to consider a personal matter.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Council Reconvened in Regular
Session at 11:50 P.M.
Special Sesesion, March 22, 1970 129
There being no further business,
Councilman Tully moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
130 Special Session, March 29, 1976
CITY COUNCIL
OFFICIAL
Special Session, March 29, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present --Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of consid-
ering adoption of an Ordinance
creating and establishing a Central
Market and acting upon such other
business as may properly come be-
fore a Regular Meeting of the
Council.
Communication of Mrs. Chris-
tine Zimmer, representing retired
and poor people groups, wishing to
address the Council on Proposed
Water Rate Increases, presented
and read.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Mrs. Zimmer addressed the
Council and read a statement in
reference to proposed water rate
increases. Councilman Stackis mov.
ed that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None,
Communication of Mrs. Dulane
Schoen of 2180 Coates Street sub-
mitting suggestions relative to the
Proposed city budget and escalat-
ing costs, presented and read.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque
Transit Trustee Board submitting
minutes of their meeting of March
18, 1976, presented and read. Conn.
cilman Tully moved that the min-
utes be received and filed. Second-
ed by Councilman Stackis. Car.
ried by the following vote:
Yeas—Mayor Lundh,Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of The Western
Casualty & Surety Company and
Western Fire Insurance Company
submitting a certified copy of Pow-
er of Attorney for Jim George,
presented and read. Councilman
Stackis moved that the communica-
tion be received and filed. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of John Tomkins
of 2231 Graham Circle objecting
to production of aluminum cans;
all bottles should be returnable;
also should be a law against pol-
luting lakes and rivers, presented
and read. Councilman Stackis mov-
ed that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of List of
Receipts and Disbursemnts for the
month of February, 1976, present-
ed and read. Councilman Stackis
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 26, 1976
Honorable Mayor
and City Council
I have approved filing of the
following continuation certificates
and wish to have your approval of
same.
Sidewalk Construction Bonds
M. P. Kluck & Sons Inc., U.S.
Fidelity & Guaranty Co., $1,000 -
from 48-76 to 4877
Patrick T. O'Dowd, United Fire &
Casualty Co. $1,0!x1. from 41-76
to 41-77
Gilbert D. Chavenelle,
City Manager
Special Session, March 29, 1976 131
Councilman Stackis moved that
the communication be received and
filed and filing approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Board of Dock
Commissioners requesting permis-
sion to exercise responsibility rela-
tive to companies occupying city
streets and property in the market
square area and near Petrakis
Park with the goal in mind to
either sell the property or secur-
ing rental monoies, presented and
read. Councilman Wertzberger
moved that the communication be
received and filed and approved.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Board of
Dock Commissioners submitting
amendment to Flynn Ready Mix
Concrete Co. lease for purpose of
complying to Iowa Code as to
publication of notice of a lease
for more than three years and re-
questing Council approval to final-
ly execute the lease, after proper
procedings have been complied
with, presented and read. Coun-
cilman Stackis moved that the
communication be referred for
proper proceedings. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Board of Dock
Commissioners submitting form of
lease with the Dubuque County
Conservation Society for purpose
Of complying to Iowa Code as to
publication of notice of a lease
for more than three years and
requesting Council approval to
finally execute the lease, after
proper proceedings have been
complied with, presented and read.
Councilman Stackis moved that the
communication be referred for
Proper proceedings. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Honorable Mayor March 25, 1976
and City Council
The City of Dubuque has been
invited to re -apply for a fedral
planning assistance grant through
the HUD -701 Program. We are in-
formed of our eligibility to request
a grant of not more than $10,000
for fiscal year 1977, and that the
grant may be available to us on a
1,3 local -2/3 fedral matching basis.
The City of Dubuque is cur-
rently receiving funds through
this program in a cooperative ad-
ministrative arrangement with the
East Central Intergovernmental
Association. We propose to con-
tinue this relationship in FY 1977.
We also propose to furnish the
local matching share through con-
tribution of already -budgeted staff
time, and would use the grant
funds to retain our Draftsman
(CETA) position through the fiscal
year.
The HUD program requires that
701 funds be used for certain com-
prehensive land -use and housing
planning activities. At our budget
work session, we had reported our
interest in undertaking these work
items in our 1977 Plan of Action.
Receipt of the grant funds would
permit us to sustain the additional
staff position and to accelerate
our work program for land -use
planning and capital improvements
programming, at no additional ex-
pense to our city budget.
We hereby request your author-
ization to make preliminary appli-
cation for the 701 grant. We are
not assured of grant approval at
this time, but would return to you
with a grant contract and work
program, for later acceptance, if
our pre -application is successful.
Daniel Dittemore
Devlopment Planner
Councilman Stackis moved that
the communication be received and
filed and request be approved.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of East Central
Intergovernmental Assn, address-
ed to Mayor Lundh, advising that
they have completed the necea.
132 Special Session, March 29, 1976
sary A-95 Review of the Commun-
ity Development Block Grant Pro-
gram and recommending that the
City, Project Concern, and the area
on Aging meet to discuss needs,
presented and read. Councilman
Stackis moved that the communica-
tion be referred to the Commun-
ity Development Department. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 26, 1976
Honorable Mayor
and City Council
The Schwers request for partial
rebate of his zoning application
fee has been referred to this of-
fice. We herewith submit our re-
port and recommendation.
The rebate request was filed by
Attorney Norby on behalf of Mr.
Schwers. Mr. Norby's request is
based on an interpretation of the
Zoning Ordinance provisions in
Section 8-103.2, which define a
"substantial reclassification" and
which may be interpreted to com-
pel the Commission and Council to
hold a public hearing. Mr. Norby's
request for reimbursement appar-
ently rests on the point that no
public hearing was held, and there-
fore no substantial cost was in-
curred by the city.
We had argued, and the Solicit-
or had agreed, that nothing could
compel the Commission or Council
to convene a public hearing on a
fundamentally inappropriate zon-
ing request, ordinance interpreta-
tions notwithstanding. The Solicit-
or also urged that the provisions
of Section 8-103.2 should be
amended to correct the implication
that a hearing could be mandated
by a petitioner. This correction
amendment is in preparation.
You should also be aware that
our survey of staff effort made in
response to the original petition,
for research, property inspection,
map preparation, and the like in-
dicates a direct expense some-
what less than the fee paid. Be-
cause of this, but principally be-
cause of the acknowledged insuf-
ficiency of the procedural provi-
sions of the Ordinance, we recom-
ment that the fee be partially re-
imbursed as Mr. Norby has re-
quested.
We also propose that forthcom-
ing Ordinance amendments include
a clarification that a "substantial
reclassification" will require a
fifty Dollar filing fee plus payment
of all direct expenses for hearing
notices, should a hearing be con-
vened. We feel that this would
clarify the Ordinance according to
the Council's directive of 1975.
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received and
filed and refund of $35.00 be ap-
proved and City Auditor directed
to issue proper warrant. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 26, 1976
Honorable Mayor
and City Council
The attached explanation and
the reworked Farm Market Ordi-
nance is hereby submitted to you
for your kind consideration.
In Section 4 (Market Stalls, Per-
mits) we have tentatively retained
the $15.00 annual market fee. This
was based primarily on our explan-
ation but is completely subject to
your approval. If an increase is
the mandate of the Council, this
section will be changed to meet
your requirements.
If you have any questions in
regard to the context of this Or-
dinance, please contact Mr. Rex
Brammer, City Food and Restaur-
ant Sanitarian. Mr. Brammer has
been closely associated with the
problems of an expanding market
this past year. He believes that the
Ordinance presented will accomp-
lish the goals for a continuing and
expanding Central Market to the
benefit of the entire community.
Arthur J. Roth. Jr., M.P.H.
City Health Administrator
Mayor Lundh moved that the
communication be received and
filed. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, March 29, 1976 133
ORDINANCE NO. 9.76
An Ordinance creating and es-
tablishing a Central Market,
the display and sale of merch-
andise and food thereon, pro-
hibiting the display of food
on street and sidewalks else-
where in the city, appointing a
Market Master and defining
the authority and duties of the
Market Master and repealing
Ordinance 37, Ordinance No.
23.52, Ordinance No. 38 and
Ordinance No. 207, and pre-
scribing penalties for viola-
tion thereuf,
presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman 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 dis-
pensed with. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 9-76
AN ORDINANCE CREATING AND
ESTABLISHING A CENTRAL
MARKET, THE DISPLAY AND
SALE OF MERCHANDISE AND
FOOD THEREON, PROHIBITING
THE DISPLAY OF FOODS ON
STREETS AND SIDEWALKS ELSE-
WHERE IN THE CITY, APPOINT-
ING A MARKET MASTER AND
DEFINING THE AUTHORITY
AND DUTIES OF THE MARKET
MASTER AND REPEALING: OR-
DINANCE 37, ORDINANCE NO,
23-52, ORDINANCE NO. 38 and
ORDINANCE NO. 207, AND PRE-
SCRIBING PENALTIES FOR VIO-
LATION THEREOF.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION I. CENTRAL MARKET.
That the property of the City of Dubuque
adjacent to the City Hall, together with
such parts of the streets and sidewalks
located within the area bounded by the
south side of Eleventh Street, the north
side of Thirteenth Street, the wear side
Of Central Avenue and the cast side of
Main Street, and such distances on Iowa
Street between Thirteenth and Fourteenth
Street on both aides thereof as may be
necessary for three standard auto parking
stalls, shall constitute and be known as the
Central Market.
SECTION 2. MARKET MASTER.
That the City Manager is hereby author-
ized and directed to designate a Market
Master who shall establish and carry
out such procedures, policies and rules
relating to the Central Market and its
operations as are necessary to provide for
acceptable sanitation and to protect the
public health, safety and welfare.
SECTION 3. TRAFFIC REGULA-
TIONS. That it shall be the duty of the
City Manager or his designee to restrict
or regulate the sidewalk and street traffic
in the area of the Central Market as may
be necessary to protect the public health,
safety and welfare.
SECTION 4. MARKET STALLS; PER-
MITS. That the City Manager is hereby
authorized and directed to establish
spaces for stalls in the central Market
as may be necessary and to issue permits
for the use of such stalls. The annual fee
for such permits shall be Fifteen Dollars
($15.00) per stall. The fee shall be
charged and collected at the time of the
issuance of the permit and paid over to
the City Treasurer. The fee may be ad-
justed from time to time by the City
Manager, with the approval of the City
Council.
SECTION f. LIMITATIONS ON
MERCHANDISE DISPLAYED OR OF-
FERED FOR SALE; PROHIBITED
MERCHANDISE.
(a) Any person, firm or corporation may
display, offer for sale or sell on the
streets or sidewalks of the Central
Market poultry, vegetables, flowers,
bakery items, eggs, fruits, cheeses, or
arts and/or crafts which have been
raised, produced or crafted by the
vendor (except cheeses which must be
prepared by a licensed, inspected cheese
making plant) and which are displayed
and sold at a stall for which a permit
has been issued as provided in Section
4 of this Ordinance;
(b) No person, firm or corporation shall
display, offer for sale or sell any food
or merchandise without first having
complied with the laws of the State
of Iowa relating to licensing, inspec-
tion and taxation.
(c) There shall be no sale of homemade
jellies, catsup, home canned vegetables
or fruits, homemade butter, milk, or
fresh meats, except fowl which is prop-
erly iced and protected.
(d) Bakery goods, such as cookies, cakes,
bread and candies, and cheeses must
be individually wrapped. Soft pies and
bakery goods with custard or cream
type fillings shall not be sold or of-
fered for sale. All fruits and vegetables
shall be stored in clean containers in
134 Special Session, March 29, 1976
trucks or on risers along the street or
sidewalk. All foodstuffs shall be pro-
tected from excessive exposure to
flies,dust and other contamination
and shall be displayed so that the bot-
tom of the display is not less than two
feet above the surface of the sidewalk
or street.
SECTION 6. FOOD DISPLAY. A
market stall permit authorizes any person,
firm or corporation to display foods or
crafts only in the Central Market area
as provided in Section 4.
SECTION 7. INSPECTION OF MER-
CHANDISE. All food or food products
displayed, sold or offered for sale at the
Central Market shall be subject to inspec-
tion by the Market Master, or by the
Health Officer or his deputy. If any food
or food product is found to be unfit for
human consumption, the Market Master
or Hcalth Officer shall confiscate and
destroy the food and the person displaying,
offering for sale or selling such food shall
be guilty of a misdemeanor.
SECTION 8. REVOCATION OF PER-
MIT. In any case where it is found that
items displayed, offered for sale or sold
have not been raised, produced or crafted
by the vendor, or have been processed,
manufactured or crafted by the vendor in
violation of any City Ordinance or permit
agreement, the permit shall he revoked.
SECTION 9. WEIGHTS AND MEA-
SURES. Tht2 the Market Master 511211
be authorized to test weights and measures
used in the Central Market. The weights
and measuresapproved, standardized and
adopted by the State of Iowa shall be the
standard weights and measures used for
the sale of all merchandise required to he
sold by weight or other measure at the
Central Market. All sales by weight shall
be by avoirdupois weight and all sales of
commodities by measure shall be by stan-
d2rd volume containers, specifically, pint,
quart, peck or bushel.
SECTION 10. ACCURACY OF MEA-
SURING DEVICES. The Market Master
shall provide for the safekeeping of 211
standards of weights and measures. The
Market Master, upon written request of
any person, firm or corporation, shall test
any weights or measures, weighing or mea-
suring device, or instrument or apparatus
used for standards, and may front time to
time make such test as he or she deems
appropriate in order to determine that the
requirements of this Ordinance are being
complied with. Where such test is made
upon request, the person requesting such
test shall pay a fee of two dollars (s2.0o).
If the Market Master determines that any
weight, measure, device, instrument or
apparatus is incorrect, it shall be removed
from use and the operator or owner shall
be subject to any penalty or fee provided
for by this Ordinance.
SECTION 11. PENALTIES. Any per-
son, firm or corporation who violate, any
of the provisions of this Ordinance shall,
upon conviction, be fined not to exceed
One Hundred Dollars ($100.00) or be im.
prisoned for a period not to exceed thirty
(30) days in jail.
Passed, approved and adopted this 29th
day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 1st day of April,
1976.
Leo F. Frommelt
City Clerk
It 4/1
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
ORDINANCE NO. 10-76
An Ordinance Authorizing
James W. Grant to replace re-
taining wall on Raymond
Place,
presented and read. Councilman
Brady moved that the reading just
had be considered the first read
ing of the Ordinance. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Brady moved that
the rule requiring an Ordinance
to be received and filed at two
meetings prior to the meeting
when final action is taken, be dis•
pensed with. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
ORDINANCE NO. 1476
AN ORDINANCE AUTHORIZING
JAMES W. GRANT TO REPLACE
RETAINING WALL ON RAY.
MOND PLACE?
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION I. That James W. Grant u
owner of the premises known as Lot 33
Prospect Hill Additivn in the City of
Special Session, March 29, 1976 135
Dubuque, Iowa be, and he is hereby
granted the revocable permit and author-
ity to construct and maintain said retain.
ing wall under the terms and conditions
set forth in this Ordinance.
SECTION 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittee and ap-
proved by City Manager, under the super-
vision and direction of the City Manager,
and in accordance with all applicable state
and federal laws and regulations, and the
Ordinances of the City of Dubuque.
SECTION ). That the permission herein
granted is expressly conditioned on per -
mitten agreement to:
a) Assume any and all liability for dam-
ages to persons or property which may
result from the existence, location, in-
stallation, construction or maintenance
of said Retaining Wall;
b) To pay on behalf of the City of Du-
buque all sums which the City of Du-
buque shall become obligated to pay by
reason of the liability imposed upon
the City of Dubuque for damages of
any kind resulting from the location,
installation, existence, construction or
maintenance of said Retaining Wall,
sustained by any person or persons,
caused by accident or otherwise, to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence, con-
struction or maintenance of said Re-
taining Wall and to pay reasonable at-
torney fen therefor:
c) To indemnify and hold City of Du-
buque free and harmless from any and
all claims, loss, liability and expense
for injuries to third persona or dam-
ages to property of third persons, or
for damage to any property of City of
Dubuque which may occur as a result
of or in connection with the loca-
tion, installation, construction, main-
tenance and repair of the facility,
work or improvement permitted here -
a.
SECTION 4. That the permission here-
in granted is expressly conditioned upon
Permittees further agreement that should
the right and privilege herein granted be
rescinded or revoked by the City Council,
Permitten, or their successors in interest,
as owners of theabutting property, shall
within ten (10) days after receipts of
written notice from the City Manager, so
to do, at their own expense, remove said
Retaining Wall, at permittees expense and
dispose of the same, and the permittees
shall have no claim against the City or its
agents for damages resulting from the
removal of said Retaining Wall.
SECTION S. Permittees covenant and
agree that the revocable permit herein
granted don not constitute an approval of
the design, erection, location, construction,
repair or maintenance of said facility
and said permittee hereby covenants and
Agrees not to assert such claim or defense
against the City of Dubuque in the event
of claim asserted for personal injuries and/
or property damage against the permittee
arising out of or in any way connected
with the location, installation, construc-
tion, design, repair and maintenance of the
facility herein permitted.
SECTION 6. This Ordinance shall be-
come effective and the rights hereunder
accrue to James W. Grant when this Or-
dinance has been adopted by the City
Council and the terms and conditions
thereof accepted by permitten by ac-
ceptance endorsed on this Ordinance.
Passed, approved and adopted this 29th
day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Weraberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF ORDINANCE NO.
10-76
The undersigned having read and being
familiar with the terms and conditions of
Ordinance No. 10-76 hereby, for himself,
his successors or assigns, as owner of the
abutting property, accepts the same and
agrees to be bound by the conditions Ana
agreements therein contained to be per-
formed by permittee.
Dated March 29, 1976.
James W. Grant
Property Owner
Published officially in the Telegraph
Herald Newspaper this 2nd day of April
1976.
Leo F. Frommelt
City Clerk
It. 4/2
Councilman Brady moved final
adoption of the Ordinance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa," so as to reclassify
hereinafter described properties
bounded on the North by East
14th Street, on the West by White
Street, on the South by East 12th
Street and on the East by Wash-
ington Street from the C-4 General
Commercial District to the O&1
Office -Residential District classifi-
cation; and to further amend Ordi-
nance No. 32.75 by reclassifying
136 Special Session, March 29, 1976
hereinafter described properties
bounded on the North by East 14th
Street., on the West by Washing-
ton Street, on the South by East
13th 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
OR -1 Office -Residential District
Classification, presented and read.
Councilmen Brady moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Brady moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Brady moved that a
public hearing be held on the Or-
dinance on April 19, 1976 at 7:30
o'clock P.M. in the Council Cham-
ber at the City Ball and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None,
Petition of John J. Herburger
requesting a change in zoning at
24 Diamond Street from present
Industrial Classification to "B"
Classification, presented and read
Councilman Stackis moved that the
petition be referred to the Plan
ning & Zoning Commission. Sec
onded by Councilman Tully, Car
ried by the following vote:
Yeas—Mayor Lundh, Councilmer
Brady, Stackis, Tully, Wertzberger
Nays—None.
Petition of Dave Unsen request
ing denial of any rezoning in th(
Kennedy Road area other than R-:
Classification, presented and read
Councilman Wertzberger move(
that the petition be received ane
filed and referred to Planning 6
:oning Commission. Seconded by
;ouncilman Tully. Carried by the
ollowing vote:
Yeas—Mayor Lundh, Councilmen
3rady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Thruput Terminals
nc., by Robert Bertsch attorney,
•equesting for consent to Assign-
nent of Dock Commission Lease
with Thruput Terminals Inc, to
;onti-Carriers and Terminals Inc.,
presented and read. Councilman
rully moved that the petition be
received and filed. Seconded by
ouncilman Wertzberger. Carried
by the following vote:
yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
CONSENT OF THE CITY OF DU-
BUQUE, IOWA AND THE BOARD
OF DOCK COMMISSIONERS OF
THE CITY OF DUBUQUE, IOWA,
TO ASSIGNMENT OF LEASE
AGREEMENT AND ALL AMEND.
MENTS THERETO BY THRUPUT
TERMINALS, INC. TO CONTICAR-
RIERS & TERMINALS, INC.
WHEREAS, the CITY OF DU-
BUQUE, IOWA, acting by and
through its duly authorized Board
of Dock Commissioners, ("Dubu-
que") has entered into one certain
Lease Agreement with THRUPUT
TERMINALS, INC. ("Thruput"),
dated July 25, 1962; and
WHEREAS, said Lease Agree-
ment has, from time to time, been
amended by Dubuque and Thruput;
and
WHEREAS, Thruput is to be
merged into CONTICARRIERS &
TERMINALS, INC., a Delaware
Corporation, ("Conticarriers") ef-
fective on or about April 1, 1976;
and
WHEREAS, the Lease Agree-
ment between Dubuque and Thru-
put provides, in Paragraph 16
thereof, that assignment shall be
subject to the approval of Dubu-
que and which approval will not
be unreasonably withheld;
NOW, THEREFORE, in consid-
eration of the mutual covenants
and agreements of the City of
Dubuque, Iowa and the Board of
Dock Commissioners of the City
of Dubuque, Iowa, it is agreed as
follows:
1. That the City of Dubuque,
Special Session, March 29, 1976 137
Iowa and the Board of Dock Com-
missioners of the City of Dubuque,
lova do hereby approve the assign.
ment of the Lease Agreement and
all Amendments thereto with
Thruput to ContiCarriers by the
merger of Thruput into ContiCar-
riers.
2. That all terms and conditions
of the Lease Agreement and all
Amendments thereto shall remain
in full force and effect from and
after the date of said merger,
Dated:
CITY OF DUBUQUE, IOWA
By Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
Clerk, City of Dubuque, Iowa
BOARD OF DOCK COMMIS-
SIONERS OF THE CITY OF
DUBUQUE, IOWA
By Wayne A. Moldenhauer
Chairman
William A. Me Ellhiney
Commissioners
THRUPUT TERMINALS, INC.
By Carl J. Burbach
Its Exec. V.P.
Attest:
Elmer L. Jacobs
President
Councilman Tully moved approv-
al of the lease. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Petition of N.W. Bell Telephone
requesting permission to place a
new manhole at Decorah Street in
the alley between Auburn & Atlan-
tic Streets, presented and read.
Councilman Stackis moved that the
request be granted. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of N.W. Bell Telephone
Co. requesting permission to place
a new buried cable east along 16th
Street from the alley east of
Jackson Street to Sycamore Street
and along Kerper Blvd. from 16th
to the Janlin Plastic Building now
owned by the Dubuque Packing
Co., presented and read. Council-
man Stackis moved that the re.
quest be granted. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Donald Wertz re-
questing refund of Cigarette Lic-
ense No. 725, in the amount of $25.,
discontinued business on March 11,
1976, presented and read.
Councilman Stackis moved that
the refund be granted and City
Auditor be directed to issue proper
warrant. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Donald E. Wertz re-
questing a refund on the unexpir-
ed portion of Class "C" Beer Lic-
ense No. 4097-76, in the amount of
$56.25, discontinued business on
March. 11, 1976, presented and
read. Councilman Stackis moved
that the refund be granted and
City Auditor be directed to issue
proper warrant. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 90-76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
examined the joint participation
agreement proposed to be entered
into by and between the Iowa De-
partment of Transportation, an Ag-
ency of the State of Iowa, and the
City of Dubuque Airport Commis-
sion, and
WHEREAS, said Agreement is
for the purpose of providing devel-
opment of the Dubuque Municipal
Airport in respect to asphalt over-
lay of three (3) inches on run-
way 18.36, and
WHEREAS, the City Council,
City of Dubuque, Iowa, has exam-
ined said proposed Agreement and
approves the same.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
138 Special Session, March 29, 1976.
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposed
joint participation agreement by
and between the Iowa Department
of Transportation, an Agency
of
the State of Iowa, and the Citv of
Dubuque Airport Commission, be
and the same is herby app
Section 2. That the City of Du-
buque Airport Commission be and
they are hereby authorized and
empowered to execute said joint
participation agreement for and
on behalf the City of Dubuque,
Iowa.
Passed, adopted and approved
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 19, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewd the final plat of Lots 1
through 6 of the subdivision of
Lot 4 of "Asbury Springs Subdi-
vision No. 1" in the City of Du-
buque, Iowa. The subject property
lies at the southeast intersection of
Hillcrest Road and Pasadena Drive.
The Commission has found the
plat to be in conformance with the
Subdivision Regulations of the City
of Dubuque, Iowa, and recom-
mends your favorable considera.
tion of Lots 1 through 6 of the
subdivision of Lot 4 of "Asbury
Springs Subdivision No. 1."
CITY PLANNING ANE
ZONING COMMISSION'
Daniel Dittemore
Development Planner
Councilman Tully moved that
Ithe communpcation be receives
and filed. Seconded by Council
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
3rady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 91.76
Resolution Approving the Plat
of the Subdivision of Lot 4 of
Asbury Springs Subdivision
No. 1 in the City of Dubuque,
Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as the
SUBDIVISION OF LOT 4 OF AS -
BURY SPRINGS SUBDIVISION
NO, 1 IN THE CITY OF DUBU-
QUE, IOWA, by Donald J. Kaiser
and Jo Ann C. Kaiser, husband
and Wife; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of THE
SUBDIVISION OF LOT 4 OF AS -
BURY SPRINGS SUBDIVISION
NO. 1 IN THE CITY OF DUBU-
QUE, IOWA, be and the same is
hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque,
Iowa upon said plat.
Passed, adopted and approved
by unanimous recorded roll call
this 291h day of March, A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, March 29, 1976 139
March 25, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Lots 1
through 15 of "St. Mary's Place
No. 2" in the City of Dubuque,
Iowa, The property lies on the
west side of Chaney Road between
Kane Street and Kaufmann Av-
enue.
The Commission has found that
the plat is in conformance with
the Subdivision Regulations of the
City of Dubuque and recommends
that the plat be approved, subject
to approval by the City Engineer
of a storm drainage plan for the
subject property.
CITY OF DUBUQUE PLANNING
AND ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 92.76
RESOLUTION Approving Plat of
Lots 1 through 15 in St. Mary's
Place No. 2 in the City of Dubu-
que, Iowa
WHEREAS there has been filed
with the City Clerk a plat in which
the Subdivision of Lot 2 of Lot 1
Of Lot 1 of Lot 2 of Lot 1 of Lot 3
of St. Mary's Place in the City of
Dubuque, Iowa is platted as: Lots
1 through 15 in St. Mary's Place
No. 2 in the City of Dubuque,
Iowa, and
WHEREAS said plat has been
examined by the City Plan Com-
mission and had its approval en-
dorsed thereon; and,
WHEREAS said plat has been
examined by the City Council and
they find the same conforms to the
Statutes and Ordinances relating
thereto;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
authorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this 29th day of March, A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 29, 1976
Honorable Mayor
For your record, this will con-
firm that the City of Dubuque
Planning and Zoning Commission
has given its consent for your ap-
proval for various vacation and
correction plats relating to Lot 1
thr-ugh 29 inclusive, Lot A, In-
wood Avenue and Hawkeye Drive,
all in Hawkeye Estates Subdivision
in the City of Dubuque, Iowa.
You have other correspondence
from us indicating approval of the
Planning and Zoning Commission
of the correction plat of the afore-
said subdivision.
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 26, 1976
Honorable Mayor
and City Council
The undersigned owners of Lots
1-29, inclusive, Lot A in Hawkeye
Estates, in the City of Dubuque,
Iowa, according to Subdivision
plat dated March 4, 1976, and pre-
pared by Cullen, Kilby, Carolan
and Associates, as shown on the
certificate dated March 5, 1976,
and the ownership of said respec-
140 Special Session, March 29, 1976
tive lots being as shown on cer.
tificate of owners dated March
17, 1976, do hereby request the
City Council of Dubuque and peti-
tion it to Vacate Plat of Lots 1.29,
inclusive, Lot A, Inwood Avenue
and Hawkeye Drive all in Hawk -
eye Estates in the City of Dubuque,
Iowa, which plat was filed as In-
strument No. 4158-73, and filed on
the 29th day of May, 1973, and
filed as Instruments No. 5388-75,
and filed on the 28th day of July,
1975, for the following reasons:
i. That the petitioners herein be-
low named have caused to be
filed with the City Council a re -
platting of said Lots 1-29, in-
clusive, Lot A, Inwood Avenue,
and Hawkeye Drive in Hawkeye
Estates in the City of Dubuque,
Iowa, which is presently pending
before your Honorable Body.
2. That at the time of the original
platting of Hawkeye Estates in
1973, and re -filing thereof in
1975, a discrepancy developed in
the location of certain Lots as
relate to Inwood Avenue, there-
by creating a cloud on the title
of certain lots.
3. Accordingly it Is necessary to
vacate the plat hereinabove de-
scribed in order to permit the
replatting of the said property
in accordance with the actual
physical layout of certain lots as
relate to the physical layout of
Inwood Avenue.
4. That the purpose of the vacation
of the plat and the replatting of
said Hawkeye Estates as herein-
above mentioned is necessary to
cure and correct a title objec-
tion made covering a portion of
said lots, and in order to make
the lots of said subdivision mer.
chantable.
Wherefore, these petitioners
Pray your Honorable Body to va•
cate the plat of Lots 1-29, inclu
sive, Lot A, Inwood Avenue, and
Hawkeye Drive all in Hawkeye
Estates in the City of Dubuque
Iowa, and filed as Instrument No
4158-73 and filed as Instrument
No. 5368.75.
The Council further is requestec
to vacate correction plat of Lot:
6-19 inclusive, in the City of Du
buque, Iowa, filed September 18
1973, as Instrument No. 7492.1973
as it was an attempt to correct th
situation herein above set out, bu
ailed to attain the desird purpose.
Wherefore, these petitioners
xray ,your Honorable Body to va-
-ate the correction plat of Lots 6-
.9, inclusive, in Hawkeye Estates
n the City of Dubuque, Iowa, filed
>eptember 18, 1973, as Instrument
Vo. 7492-1973.
Respectfully submitted,
Bernard F. Hefei
Adelene C. Hefei
Lawrence T. Hefei
Alice D. Hefei
DUBUQUE SAVINGS and
LOAN ASSOCIATION
By: C. J. Buelow
President
By: Donald D. Garnett
Secretary
Councilman Tully moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Wertz-
berger Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 93.76
WHEREAS, Bernard F. Hefei
and Adelene C. Hefei, husband and
wife, Lawrence T. Hefei and Alice
D. Hefei, husband and wife, and
Dubuque Savings and Loan As-
sociation have petitioned the City
Council to vacate plat of Lots 6.19,
inclusive, and Inwood Avenue all
in Hawkeye Estates in the City of
Dubuque, Iowa and recorded as
Instrument No. 7492-73, filed on
September 18, 1973 in the office
of Dubuque County Recorder; and
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa has consented to
such vacation and has approved
the same; and
WHEREAS, any interest and
public rights of the City of Du-
buque, Iowa in and to Inwood
Drive would be divested upon va-
cation of said plat as provided for
in Section 409.18 of the 1975 Code
of Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation of
plat of Lots 6-19, inclusive, and In-
wood Avenue all in Hawkeye Es-
tates in the City of Dubuque, Iowa
Special Session, March 29, 1976 141
and recorded as Instrument No.
7492-73 filed on September 18,
1973 in the office of Dubuque
County Recorder be and the same
is hereby approved and said plat
is hereby declared and deemed to
be vacated and that any interest
and public right of the City of
Dubuque, Iowa in and to Inwood
Avenue is hereby acknowledged
as being divested.
Section 2. That the City Clerk
be and he is hereby directed to
cause this Resolution to be record-
ed in the office of the Recorder
in and for Dubuque County, Iowa,
together with copy of vacation plat
attached thereto.
Passed, approved and adopted
this 29 day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 94.76
WHEREAS, Bernard F. Hefel
and Adelene C. Hefel, husband
and wife; Lawrence T. Hefei and
Alice D. liefel, husband and wife,
and Dubuque Savings and Loan As-
sociation have petitioned the City
Council to vacate plat of Lots 1 to
29, inclusive, Lot A, Inwood Av-
enue and Hawkeye Drive, all in
Hawkeye Estates in the City of
Dubuque, Iowa and recorded as
Instrument No. 4158.73 filed in
the office of Dubuque County Re-
corder on May 29, 1973 and re-
corded as Instrument No. 5388-75
on July 28, 1975 in the office of
Dubuque County Recorder; and
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa has consented to
such vacation and has approved
the same; and
WHEREAS, any interest. and
Pubiie rights of the: City of Du-
buque, Iowa in and to Inwood Av-
enue and Hawkeye Drive would be
divested upon vacation of said plat
as provided for in Section 409.18
of the 1975 Code of Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY TIIE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation of
plat of Lots 1 to 29, inclusive, Lot
A, Inwood Avenue and Hawkeye
Drive, all in Hawkeye Estates, in
the City of Dubuque, Iowa and re-
corded as Instrument No. 4158-73,
filed in the office of Dubuque
County Recorder on May 29, 1973
and recorded as Instrument No.
5388-75 filed in July 28, 1975 in
the office of Dubuque County Re-
corder be and the same is hereby
approved and said plat is hereby
declared and deemed to be vacated
and that any interest and public
right of the City of Dubuque, Iowa
in and to Inwood Avenue and
Hawkeye Drive are herby acknowl-
edged as being divested.
Section 2. That the City Clerk
be and he is hereby directed to
cause this Resolution to be record-
ed in the office of the Recorder
in and for Dubuque County, Iowa
together with copy of vacation plat
attached thereto.
Passed, approved and adopted
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE vacating that
portion of Inwood Avenue as
shown on correction plat of Lots
6-19, inclusive, in Hawkeye Estates
in the City of Dubuque, Iowa filed
in the office of the Dubuque Coun-
ty Recorder as Instrument No.
7492.1973 on September 18, 1973,
presented and read. Councilman
Stackis moved that the reading
just had be considerd the first
reading of the Ordinance. Second-
140 Special Session, March 29, 1976
tive lots being as shown on cer-
tificate of owners dated March
17, 1976, do hereby request the
City Council of Dubuque and peti-
tion it to Vacate Plat of Lots 1-29,
inclusive, Lot A, Inwood Avenue
and Hawkeye Drive all in Hawk -
eye Estates in the City of Dubuque,
Iowa, which plat was filed as In-
strument No. 4115May,
an filedaon
the 29th day y,
nd
filed as Instruments No. 5388-75,
and filed on the 28th day of July,
1975, for the following reasons:
1. That the petitioners herein be-
low named have caused to be
filed with the City Council a re -
platting of said Lots 1-29, in-
clusive, Lot A, Inwood Avenue,
and Hawkeye Drive in Hawkeye
Estates in the City of Dubuque,
Iowa, which is presently pending
before your Honorable Body.
2. That at the time of the original
platting of Hawkeye Estates in
1973, and re -filing thereof in
1975,a discrepancy developed in
the location of certain Lots as
relate to Inwood Avenue, there-
by creating a cloud on the title
of certain lots.
3. Accordingly it is necessary to
vacate the plat hereinabove de-
scribed in order to permit the
replatting of the said property
in accordance with the actual
physical layout of certain lots as
relate to the physical layout of
Inwood Avenue.
failed to attain the desird purpose.
Wherefore, these petitioners
pray your Honorable Body to va.
cate the correction plat of Lots 6-
19, inclusive, in Hawkeye Estates
in the City of Dubuque, Iowa, filed
September 18, 1973, as Instrument
No. 7492-1973.
i. That the purpose of the vacation
of the plat and the replatting of
said Hawkeye Estates as herein-
above mentioned is necessary to
cure and correct a title objec-
tion made covering a portion of
said lots, and in order to make
the lots of said subdivision mer-
chantable.
Wherefore, these petitioners
pray your Honorable Body to va-
cate the plat of Lots 1-29, inclu-
sive, Lot A, Inwood Avenue, and
Hawkeye Drive all in Hawkeye
Estates in the City of Dubuque,
Iowa, and filed as Instrument No.
4158-73 and filed as Instrument
No. 5368.75.
The Council further is requested
to vacate correction plat of Lots
6-19 inclusive, in the City of Du-
buque, Iowa, filed September 18,
1973, as Instrument No. 7492-1973,
as it was an attempt to correct the
situation herein above set out, but
Respectfully submitted,
Bernard F. Hefei
Adelene C. Hefei
Lawrence T. Hefei
Alice D. Hefei
DUBUQUE SAVINGS and
LOAN ASSOCIATION
By: C. J. Buelow
President
By: Donald D. Garnett
Secretary
Councilman Tully moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Wertz-
berger Carried by the following
vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 93.76
WHEREAS, Bernard F. Hefei
and Adelene C. Hefei, husband and
wife, Lawrence T. Hefei and Alice
D. Hefei, husband and wife, and
Dubuque Savings and Loan As-
sociation have petitioned the City
Council to vacate plat of Lots 6.19,
inclusive, and Inwood Avenue all
in Hawkeye Estates in the City of
Dubuque, Iowa and recorded as
Instrument No. 7492-73, filed on
September 18, 1973 in the office
of Dubuque County Recorder; and
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa has consented to
such vacation and has approved
the same; and
WHEREAS, any interest and
public rights of the City of Du-
buque, Iowa in and to Inwood
Drive would be divested upon va-
cation of said plat as provided for
in Section 409.18 of the 1975 Code
of Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation of
plat of Lots 6.19, inclusive, and In-
wood Avenue all in Hawkeye Es-
tates in the City of Dubuque, Iowa
Special Session, March 29, 1976 141
and recorded as Instrument No.
7492-73 filed on September 18,
1973 in the office of Dubuque
County Recorder be and the same
is hereby approved and said plat
is hereby declared and deemed to
be vacated and that any interest
and public right of the City of
Dubuque, Iowa in and to Inwood
Avenue is hereby acknowledged
as being divested.
Section 2. That the City Clerk
be and he is hereby directed to
cause this Resolution to be record.
ed in the office of the Recorder
in and for Dubuque County, Iowa,
together with copy of vacation plat
attached thereto.
Passed, approved and adopted
this 29 day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tullv Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 94-76
WHEREAS, Bernard F. Hefel
and Adelene C. Hefel, husband
and wife; Lawrence T. Hefei and
Alice D. Hefel, husband and wife,
and Dubuque Savings and Loan As-
sociation have petitioned the City
Council to vacate plat of Lots 1 to
29, inclusive, Lot A, Inwood Av-
enue and Hawkeye. Drive, all in
Hawkeye Estates in the City of
Dubuque, Iowa and recorded as
Instrument No. 4158-73 filed in
the office of Dubuque County Re-
corder on May 29, 1973 and re-
corded as Instrument No. 538875
on July 28, 1975 in the office of
Dubuque County Recorder; and
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa has consented to
such vacation and has approved
the same; and
WHEREAS, any interest and
Public rights of the City of Du-
buque, Iowa in and to Inwood Av.
enue and Hawkeye Drive would be
divested upon vacation of said plat
as provided for in Section 409.18
of the 1975 Code of Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY TIIE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation of
plat of Lots 1 to 29, inclusive, Lot
A, Inwood Avenue and Hawkeye
Drive, all in Hawkeye Estates, in
the City of Dubuque, Iowa and re-
corded as Instrument No. 4158-73,
filed in the office of Dubuque
County Recorder on May 29, 1973
and recorded as Instrument No.
5388-75 filed in July 28, 1975 in
the office of Dubuque County Re-
corder be and the same is hereby
approved and said plat is hereby
declared and deemed to be vacated
and that any interest and public
right of the City of Dubuque, Iowa
in and to Inwood Avenue and
Hawkeye Drive are herby acknowl-
edged as being divested.
Section 2. That the City Clerk
be and he is hereby directed to
cause this Resolution to be record-
ed in the office of the Recorder
in and for Dubuque County, Iowa
together with copy of vacation plat
attached thereto.
Passed, approved and adopted
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE vacating that
portion of Inwood Avenue as
shown on correction plat of Lots
6-19, inclusive, in Hawkeye Estates
in the City of Dubuque, Iowa filed
in the office of the Dubuque Coun-
ty Recorder as Instrument No.
7492-1973 on September 18, 1973,
presented and read. Councilman
Stackis moved that the reading
just had be considerd the first
reading of the Ordinance. Second-
142 Special Session, March 29, 1976
ed by Councilman Tully. Carried
publish notice of the hearing in
by the following vote:
the manner required by law. Sec.
Yeas—Mayor Lundh, Councilmen
onded by Councilman Tully. Car -
Brady, Stackis, Tully, Wertzberger.
ried by the following vote:
Nays—None.
Yeas—Mayor Lundh, Councilmen
Councilman Stackis moved that
Brady, Stackis, Tully, Wertzberger.
the rule requiring an Ordinance
Nays—None.
to be received and filed at two
Communication of Dubuque
meetings prior to the meeting
Metropolitan Area Study Commit•
when final action is taken, be dis-
tee schedule for 1976, presented
pensed with. Seconded by Council-
and read. Councilman Wertzberger
man Tully. Carried by the follow-
moved that the communication be
ing vote:
received and filed. Seconded by
Yeas—Mayor Lundh, Councilmen
Councilman Tully. Carried by the
Brady, Stackis, Tully, Wertzberger.
following vote:
Nays—None.
Yeas—Mayor Lundh, Councilmen
Councilman Stackis moved that
Brady, Stackis, Tully, Wertzberger.
a public hearing be held on the
Nays—None.
Ordinance on April 12, 1976 at
March 24, 1976
7:30 o'clock P.M. in the Council
Honorable Mayor
Chamber at the City Hall and that
and City Council
the City Clerk be instructed to
I hereby submit the attached
publish notice of the hearing in
sheets no. 1 to 12 inclusive, show -
the manner required by law. Sec-
ing a schedule of the proposed vai-
onded by Councilman Tully. Car-
uations and assessments for the
ried by the following vote:
City of Dubuque Reconstruction
Yeas—Mayor Lundh, Councilmen
of Jackson Street from 22nd to
Brady, Stackis, Tully, Wertzberger.
Diamond Street.
Nays—None,
Submitted March 26, 1976.
AN ORDINANCE vacating In-
John L. White, P.E.
wood Avenue and Hawkeye Drive
City Engineer
as shown in plat in Lots 1 to 29
Councilman Tully moved that
inclusive, and Lot A in Hawkeye
the communication be received and
Estates in the City of Dubuque,
filed. Seconded by Councilman
Iowa, as filed on May 29, 1973
Wertzberger. Carried by the fol -
as Instrument No. 4158-1978 and
lowing vote:
as filed as Instrument No. 5388-
Yeas—Mayor Lundh, Councilmen
1975 on July 28, 1975, in the office
Brady, Stackis, Tully, Wertzberger.
of the Dubuque County Recorder,
Nays—None.
presented and read.
RESOLUTION N0. 95-76
Councilman Stackis moved that
the reading just had be considered
BE I'1' RESOLVED BY THE
the first reading of the Ordinance.
CITY COUNCIL OF THE CITY
Seconded by Councilman Tully.
OF DUBUQUE, IOWA:
Carried by the following vote:
Section 1. That the attached
Yeas—Mayor Lundh, Councilmen
sheets no. 1 to 12 inclusive, are
Brady, Stackis, Tully, Wertzberger.
hereby determined to be the sched-
Nays—None.
ule of proposed assessment for the
Councilman Stackis moved that
City of Dubuque Reconstruction of
the rule requiring an Ordinance to
Jackson Street from 22nd to Dia -
be received and filed at two meet-
mond Street, and the valuations set
ings prior to the meeting when
out herein, are hereby approved.
final action is taken, be dispensed
Adopted this 29th day of March,
with. Seconded by Councilman Tul-
1976.
ly. Carried by the following vote:
Alvin E. Lundh
Yeas—Mayor Lundh,Councilmen
Mayor
Brady, Stackis, Tully, Wertzberger.
Thomas A. Tully Jr.
Nays—None,
Richard Wertzberger
Councilmen Stackis moved that
James E. Brady
a public hearing be held on the
Emil Stackis
Ordinance on April 12, 1976 at
Councilmen
7:30 o'clock P.M. in the Council
Attest:
Chamber at the City Hall and that
Leo F. Frommelt
the City Clerk be instructed to
City Clerk
Special Session, March 29, 1976 143
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 96.76
Preliminary approval of plans,
specifications, form of contract,
plat, including all items of mater-
ial, and all other documents for
the reconstruction of Jackson
Street from 22nd Street to Dia-
mond Street, in the estimated
amount of $279,483.55, presented
and read. Councilman Tully mov-
ed adoption of the resolution. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Necessity for Improvement)
RESOLUTION NO. 97.76
WHEREAS, proposed p 1 a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The assessment limits.
2. The streets to be improved.
3. The width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type of
construction and kind of material
to be used.
6. In each case the amount
thereof which Is estimated to be
assessed against each lot, for the
Reconstruction of Jackson Street
from 22nd to Diamond Street.
BE IT THEREFORE RESOLV-
ED, that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the herein men-
tioned improvement, and unless
Property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be assessed upon and against all
privately owned property lying
within assessable distance provided
by law and in an amount not to
exceed the amount provided by
law, property will be assessed
whether the same abuts thereon
or is adjacent thereto according
to area and in proportion to the
special benefits conferred thereby,
and any deficiency shall be paid
out of the Road Use Tax Funds.
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract has
been performed and accepted and
the proceeds thereof used to pay
the contractor. The railway portion
of any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
29th day of March, 1976.
Approved and placed on file for
final action.
Alvin E, Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved approv-
al of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
1'eas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Fixing date of hearing)
RESOLUTION NO. 98.76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 96.76 given its pre-
liminary approval on the proposed
144 Special Session, March 29, 1976
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the Recon-
struction of Jackson Street from
22nd Street to Diamond Street and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's of-
fice for public inspection,
BE IT THEREFORE RESOLVED
that on the 19th day of April 1976,
a public hearing will be held at
7:30 o'clock P.M. C.S.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundar-
ies of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, the 1st of which
shall be less than 10 days prior to
the day fixed for its consideration
and unless property owners at the
time of final consideration of said
resolution have on file with the
Clerk objections to the amount of
the proposed assessment, they
shall have deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record it!
final decision thereon.
Passed, adopted and approves
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzbergei
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved ador
tion of the resolution. Seconded b,
Councilman Wertzberger. Carrie
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 99.76
WHEREAS the Citv M,,inaeer has
submitted a BUDGET ESTIMATE
for the period July 1, 1976 to ,lune
30, 1977 in compliance with Chap-
ter 1020, Acts of 64, 2nd G. A. 1972
as amended, and the City Council
has been duly considered and caus-
ed to be prepared the Budget Esti-
mate for expenditures beginning
July 1, 1976 and ending June 30,
1977.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That said Budget Estimate be
and the same is hereby ordered
filed in the office of the City Clerk
of the City of Dubuque, Iowa and
the date of public hearing is here-
by fixed as the 5th day of April,
1976 at 7:30 o'clock P.M. in the
Council Chamber at the City Hall.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby directed to cause said Bud-
get Estimate of Expeiditures to be
published in the official notice to
be given of the time and place,
when and where said Budget Esti-
mate will be considered by said
Council for final adoption at which
time and place taxpayers will be
heard for or against said Estimate,
said publication shall be published
at least once, not less than four
nor more than twenty days before
the date set for the hearing.
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor I.undh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, March 29, 1976 145
March 26, 1976
Honorable Mayor
and City Council
You may recall that during the
review of the schedule of Federal
Aid to Urban Systems project that
the staff had proposed a consult-
ant study of alternate corridor
locations for University of Dubu-
que connector roadway. This road-
way will connect the area north of
the University of Dubuque through
the University of Dubuque proper-
ty to U.S. Highway #20 (Dodge St.).
This is eligible for 70`". cost shar-
ing with 30% local share to be
made available from Road Use Tax
apportionment. The contract for
Corridor Location Study and Envir-
onmental Impact Statement must
be completed before final roadway
design or roadway acquisition may
commence.
The staff has interviewed sev-
eral firms for the Corridor Study
and propose that the firm of Cull-
en, Kilby and Carolan of Dubuque,
Iowa be selected as the consultant
for this study. We have attached a
resolution for your concurrence of
the selection of Cullen, Kilby and
Carolan.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 100.76
A RESOLUTION CONCURRING
IN THE SELECTION OF CUL -
LEN, KILBY, CAROLAN AND
ASSOCIATES, P.C. AS ENGI-
NEERING CONSULTANTS FOR
A CORRIDOR STUDY OF A UNI-
VERSITY OF DUBUQUE CON-
NECTOR ROADWAY, AND IN-
STRUCTING THE CITY MAN-
AGER TO PREPARE A SUIT-
ABLE FORM OF CONTRACT
AND SCOPE OF SERVICES FOR
SUCH STUDY
Whereas, the City Council of the
City of Dubuque, Iowa has request-
ed a Project Agreement with the
Iowa Department of Transportation
securing mutual participation in a
Corridor Study of a proposed Uni-
versity of Dubuque Connector
Roadway within the City of Du-
buque, Iowa;
Whereas, it has been recom-
mended that the engineering con-
sulting firm of Cullen, Kilby, Car-
olan and Associates, P.C. of Du-
buque, Iowa be selected as con-
tractor for such Corridor Study;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Manager
be and he is hereby authorized to
select Cullen, Kilby, Carolan and
Associates, P.C., Engineers, of Du-
buque, Iowa as consultant engi-
neers for a Corridor Study of a
proposed University of Dubuque
Connector Roadway.
Section 2. That the City Manager
be and he is hereby instructed to
prepare a suitable Form of Con-
tract and Scope of Services for the
aforesaid Corridor Study, and to
seek approval of said Contract and
Scope of Services from the Iowa
Department of Transportation and
the Federal Highway Administra-
tion, to assure eligibility of said
Corridor Study as a Federal -Aid
project.
Section 3. That the City Manager
be and he is hereby instructed to
return such Form of Contract and
Scope of Services to the City Coun-
cil for final review and approval.
Passed, adopted and approved
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackismoved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 26, 1976
Honorable Mayor
and City Council
You may recall that during the
review of Federal Aid to Urban
Systems projects that the staff had
proposed a consultant study for
the Location and Design Study of
146 Special Session, March 29, 1976
Rockdale Road Bridge replace-
ment. It is eligible for 70% cost
sharing under FAUS with 30%
local share to be made available
from Road Use Tax apportionment.
The staff has interviewed several
firms for the study and propose
that the firm of Shive•Hattery and
Associates of Dubuque, Iowa be
selected as the consultant for such
location and design.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be receiv-
ed and filed. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays—Councilmen Brady, Stack -
is.
RESOLUTION NO. 101.76
A RESOLUTION CONCURRING
IN THE SELECTION OF SHIVE-
HATTERY AND ASSOCIATES
AS ENGINEERING CONSULT-
ANT FOR A LOCATION AND
DESIGN STUDY OF A ROCK -
DALE ROAD BRIDGE REPLACE-
MENT, AND INSTRUCTING
THE CITY MANAGER TO PRE-
PARE A SUITABLE FORM OF
CONTRACT AND SCOPE OF
SERVICES FOR SUCH STUDY
Whereas, the City Council of the
City of Dubuque, Iowa, has ap-
proved a Project Agreement with
the Iowa Department of Transpor-
tation relative to their mutual par-
ticipation in a Location and Design
Study of a Rockdale Road Bridge
Replacement within and adjoin-
ing the City of Dubuque, Iowa; and
Whereas, it has been recom-
mended that the engineering con-
sulting firm of Shive-Hattery and
Associates, Engineers, of Cedar
Rapids and Dubuque, Iowa be sel-
ected as contractor for such Loca-
tion and Design Study.
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Manager
be and he is hereby authorized tc
select Shive-Hattery and Associ
ates, Engineers, of Cedar Rapids
and Dubuque, Iowa as consultant
engineers for a Location and De
sign Study of a Rockdale Roac
Bridge Replacement.
Section 2. That the City Manager
be and he is hereby instructed to
prepare a suitable Form of Con.
tract and Scope of Services for the
aforesaid Location and Design
Study and to seek approval of said
Contract and Scope of Services
from the Iowa Department of
Transportation and the Federal
Highway Administration, to assure
eligibility of said Location and
Design Study as a Federal -Aid
project.
Section 3. That the City Manager
be and he is hereby instructed to
return such Form of Contract and
Scope of Services to the City Coun-
cil for final review and approval.
Passed, adopted and approved
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays—Councilmen Brady, Stack -
is.
RESOLUTION NO. 102.76
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 "C" BEER PERMIT
Joseph R. Lenger, Grandview Drug
Co., 486 N. Grandview
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, March 29, 1976 147
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady. Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 103-76
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
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
Joseph R. I.enger, Grandview Drug
Co., 486 N. Grandview
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 10476
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE 1T RE-
SOLVED by the: City Council of
the City of Dubuque, Iowa, that the
following applications be granted
and permits issued upon the com-
pliance with the terms of the Ordi.
nances of the City.
CLASS "B" BEER PERMIT
Richard B. Winsor, Bunker Hill
Golf Course, Bunker Hill Road
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Wertbzerger.
Nays --Councilman Tully.
RESOLUTION NO.)11%7& 104-76A
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
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the CityCouncil of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following nam-
ed applicants a Beer Permit.
CLASS "B" BEER PERMIT
Richard B. Winsor, Bunker Hill
Golf Course, Bunker Hill Road
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays_Councilman Tully.
Special Session, March 29, 1976
PUBLIC HEARING IN THE CASE
OF JOSEPH A. SCHUMACHER'S
BEER AND LIQUOR LICENSE
Attorney Jake Klauer, represent-
ing Joseph A. Schumacher, assured
the Council that Mr. Schumacher
has turned in his license to the
State and is not going back into
the liquor business.
Police Chief O'Brien testified
that the police were called to
Noel's Tap (operated by Schu-
macher) dozens of times during the
past year to break up fights. He
characterized the bar as a hang-out
for known criminals.
Attorney Allan Carew, repre-
senting Mr. John Noel, as owner
of the building, in which Schu-
macher operated the tavern, by
stating that revocation of the
tavern license would affect Mr.
Noel's property.
Mr. Joseph A. Schumacher testi-
fied in his own behalf, by stating
that he honestly tried to run a
decent business.
The Council considered all th
evidence as submitted, at the co
elusion of which Mayor Lund
moved to concur in the volunt
surrender of Joseph A. Schumac
er's Beer & Liquor License. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmep
Tully, Wertzberger. I
Nays—Councilmen Brady, Stack -
is.
At 11:00 P.M. Councilman Tully
moved to go into Executive Ses-
sion to discuss appointments to
the Boards and Commissions and a
Personnel Matter. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None,
Council Reconvened in Regular
Session at 11:36 P.M.
Mayor Lundh announced the fol-
lowing appointments: To the Zon-
ing Board of Adjustment—Patrick
McNamara, replacing Thomas Voel-
ker, term expiring 3-5.81 and Don-
ald Redding for the unexpired
term of James Connelly, term ex-
piring 3-5-79; To the Rehabilitation
Commission --Charles Kurt, repre-
senting Architects; and James J.
Tully to the Community Develop-
ment Commission representing the
Rehabilitation Commission. Coun-
cilman Brady moved ratification
of the appointments. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol•
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
Regular Session, April 5, 1976 149
CITY COUNCIL
OFFICIAL
Regular Session, April S, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY MEETING
OF THE COUNCIL called for the
purpose of acting upon such busi-
ness as may properly come before
the Meeting.
The following proclamations
were read, signed and approved
by Mayor Lundh. Governor Ray
proclaiming the First Two Weeks
in April, beginning April 4, 1976
as "Tornado Preparedness Weeks,"
Month of May of "Mental Health
Month" and Dennis Naughton pre-
sented a scroll for the "Wagon
Train."
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing on Budget Esti-
mate for Fiscal Year July 1, 1976
to June 30, 1977, presented and
read. Councilman Stackis moved
that the proof of publication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger,
Nays—None.
Communication of League of
Women Voters questioning use of
Revenue Sharing for salaries ap-
prox. 75%; Objecting to Girl's
Club being alloted C.D. Funds; In-
equity in local tax situation; Citi-
zens interest in some millage for
purchase of park land; Support
once -a -week garbage pickup in-
stead of two; Redefinition of ob-
jective of Youth Services; Coun-
cil keep informed about Slate leg-
islation; Combined purchase of
services of County and schools;
Commending Council on establish-
ment of annexation policy, present-
ed and read. Betty Sacco and Mon-
ica Wagner of League of Women
Voters spoke to the communica-
tion. Councilman Stackis moved
that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
J. Bruce Meriwether, President
of Dubuque Chamber of Com-
merce, read and presented a com-
munication on behalf of the
Chamber of Commerce requesting
that Council make known to public
total expenditures of tax dollars;
Revaluate goals of Youth Services;
Transit Authority should empha-
size service to those who need and
use bus transportation; Library
Board should not make expansion
plans without some commitment
to a priority listing; Council should
become involved in evaluation of
Galvin police report, also prompt
collection of fines; Once -a -week
refuse pickup; Budgeting process
should be a year round pursuit.
Councilman Stackis moved that the
communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
RESOLUTION NO. 105.76
A Resolution adopting the an-
nual budget for the fiscal year
ending June 30, 1977.
BE 1T RESOLVED by the Coun-
cil of the City of Dubuque, Iowa:
The annual budget for the fiscal
year ending June 30, 1977, as set
forth in the Budget Summary Cer-
tificate and in the detailed budget
in support thereof showing the rev-
enue estimates and appropriation
expenditures and allocations to
programs and activities for said
fiscal year is adopted, and the
clerk is directed to make the fil-
ings required by law and to set
up his books in accordance with
the summary and details as adopt-
ed.
Passed and approved on April 5,
1976, by the following vote: (List
names.)
/s/ Alvin E. Lundh
Mayor
Attest: /s/ Leo F. Frommelt
Clerk
Councilman Tully moved adop.
tion of the resolution. Seconded
Car-
cilman ried followingvote:br. Car
d bythe
150 Regular Session, April 5, 1976
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays --None.
Communication of Dubuque Air-
port Commission submitting min-
utes of their special meeting of
March 25, 1976, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Francis E.
King of Cedar Rapids, Iowa, ad-
vising against charging for the use
of parks, presented and read.
Councilman Stackis moved that
the communication be received
and filed and referred to the Park
Board. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays— None.
Communication of Iowa Depart-
ment of Environmental Quality
continuing the approval of the Du-
buque Health Department Labora-
tory for determination of coli-
form bacteria using the multiple
tube fermentation technique, pre-
sented and read. Councilman
Tully moved that the communica-
tion be received and filed. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Insurance De-
partment of Iowa submitting Fi-
delity and Surety Insurance cer-
tificate of Authority certifying the
Merchants Mutual Bonding Co. tc
transact business in the State, pre•
sented and read. Mayor Lundh
moved that the certificate be re
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Council
men Brady, Stackis, Tully, Wertz
berger.
Nays—None.
Communication of Duane Il
Geisler, President of Upholsterer'
Union expressing gratitude for the
support and foresight in the in-
stitution of the Dubuque Human
Rights Commission and its staff
fulfilling their responsibility in
assisting one of their members,
presented and read. Councilman
Stackis moved that the communi-
cation be received and filed and
referred to Human Rights Com-
mission with "Thanks." Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Dubuque Met-
ropolitan Area Solid Waste Agen-
cy submitting a copy of their bud-
get for FY '77 and '78, presented
and read. Mayor Lundh moved
that the communication be re-
ceived and filed and budget be ap-
proved. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
Communication of Rehabilitation
Commission submitting minutes
and supporting material of special
meeting of March 27, 1976, pre-
sented and read. Councilman Tully
moved that the minutes and ma-
terial be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
April 5, 1976
To the Honorable Mayor and
City Council
We are submitting to you plans
for expansion of the Water Plant
and for construction of sludge
drying and handling facilities.
The proposed expansion of the
plant will increase capacity from
10 million GPD to 20 million GPD.
Construction of the new facilities
would be an addition to the exist-
ing building and facilities and
would be constructed without in-
terruption of the present opera-
tion.
The expansion, as comprised in
the base bid, would include an ad-
dition to the present building, in-
stallation of aerators, clarifiers,
Regular Session, April 5, 1976 151
sand filters, chemical storage feed-
ing equipment and related valving
and control systems to properly
process 10 million GPD.
In addition to the base bids,
bids would be solicited on four op-
tional items:
1. Computer expansion and in-
terfacing into the new plant con-
struction for automation of some
processes.
2. Conversion of present 10
pneumatic sand filter valve actua-
tors to electric actuators so back -
washing of all filters would be au-
tomated under computer control.
3. Emergency jet engine driven
generator (capacity 1000 kw) with
accessory fuel supply, busbars,
voltage and phase synchronizers
and related control devices.
4. Conversion of well field from
the present 2300 volts to 480 volts
by construction of building at the
well field, installation of a step-
down transformer, providing new
wiring systems and purchasing
new 480 volt well motors.
Concurrent with expansion of
the plant proposed is the construc-
tion of facilities for disposal of
II. Estimated cost of the facilities
Budget I (With Alternates)
Construction ................................
Engineering Design ....................
Inspection....................................
Legal & Administration ............
Subtotal........................................
Contingency 5% Construction ....
TOTAL..........................................
Budget II (Without Alternates)
solids precipitated in the soften-
ing process. Presently these lime
solids are discharged into the riv-
er. However, the city was issued a
consent order September 28, 1972
by the Iowa Water Control Com-
mission. This order stipulated a
schedule for compliance by pro.
viding alternate means of disposi-
tion of these waste solids.
This facility would be construct-
ed in a separate building adjacent
to the treatment plant. It would
have the capacity to handle solids
precipitated from 20 million GPD
of treated water, or about 50 tons/
day of processed sludge. This in-
stallation would include settling
and storage tanks, vacuum or
pressure filters, truck loading hop-
pers and conveyors and associated
piping and control systems.
For this facility bids would be
solicited for both a vacuum and
pressure type systems. The vacu-
um units would normally have a
lower capital cost but will remove
only 40% of the water from the
precipitates. The pressure units,
although normally more expen-
sive, remove about 50% of the
water from the precipitates.
would be as follows:
Plant Sludge
Expansion Disposal Total
$5,380,630 $2,291,000 $7,671,630
288,330 133,350 421,680
100,000 50,000 150,000
35,000 15,000 50,000
Construction ................................
$2,291,000
Less Alternates
288,330
Computer ..................................$205,000
Valve Conversion
.................. 125,000
Engine -Generator
.................... 165,000
Well -Field ................................
112,500
Subtotal........................................
Engineering Design ..................
Inspection ....................................
Legal & Administration ..........
Subtotal........................................
Contingency 5% Construction ....
TOTAL..........................................
$5,803,960 $2,489,350 $8,676,890
269,030 114,550 383,580
$6,072,990 $2,603,900 $8,676,890
Plant Sludge
Expansion Disposal Total
$5,380,630 $2,291,000 $7,671,630
(607,500)
$4,773.130
$2,291,000
$7,064,130
288,330
133,350
421,680
100,000
50,000
150,000
35,000
15,000
50,000
$5,196,460 $2,489,350 $7,685,810
238,650 114,550 353,200
$.5,435,110 $2,603,900 $8,039,010
152 Regular Session, April 5, 1976
III Method of Financing
Use Construction Plan Il
Total Project ..............................
Less
Prepaid Items ..........................
Available Cash ........................
Additional Revenue FY '77....
Interest Earnings ..................
Deductions..............................
Net Bond Requirements
Revenue ....................................
Proposed Bond Issue ................
IV. Evaluation—General
The present water plant has a
capacity of 10,000,000 GPD. Dur-
ing many summer days the pres-
ent rates exceed 12,000,000 GPD.
When this happens a percentage
of the water from the deep wells
are shunted around the softening
facilities. Continuing this practice
over prolonged periods (days)
could adversely affect the quality
of water delivered to the consum-
er and could cause significant cor-
rosion problems in the distribu-
tion system.
An engineering study was made
in 1970 and updated in 1973
which recommends expansion of
the present plant by 10,000,000
GPD. This study projected the av-
erage annual daily consumption to
exceed 10 million gallons/day and
the maximum day to reach 20 mil-
lion gallons by 1995. Both reports
suggested that the new facility
be constructed no later than 1974.
This capacity of 10,000,000 MGD
was justified on the economy of
scale of a 10,000,000 gallon/day
plant and the fact that the capac-
ity would be needed over the next
20 years and revenue bonds of
20 year retirement can be sold to
finance the project.
As was indicated earlier in this
report the city was issued a con-
sent order September 28, 1972.
This order stated that within a
given time frame the city cease
discharge of spent lime sludge in-
to the Mississippi River. An engi-
neering study prepared in 1973
recommend dewatering the lime
sludge and disposing the waste
material in a sanitary landfill.
The study suggests two systems
for dewatering the waste: one vac-
uum filter and two pressure fil-
ters. Vacuum filters would reduce
water content by 40% and pres-
$ 421,680
278,676
171,772
200,000
$8,039,010
1,072,128
$6,966,882
$7,000,000
sure filters would reduee water
content by 50%. Determining fac.
tors for choice of system would be
an evaluation of the capital costs,
operating costs and landfill
charges of each system over 20
years.
The city has looked at alterna-
tives for disposing of this waste.
The city has experimented by dis-
charging these lime wastes into
the sanitary sewer system and
processing it at the Waste Water
Treatment Plant. Addition of lime
to sanitary sludge caused accumu-
lation of uncombustlbles to the
extent that incinerators became
inoperable. It was concluded this
practice would not be a viable so-
lution.
The waste materials could be
disposed of by lagooning if space
were available. Space is not avail-
able in proximity of plant and, if
so, long term problems are gen-
erally created by lagooning nonde-
structive materials.
Alternates:
Plan I
1. Expansion of water plant by 10
mm GPD with options.
2. Construction of the Sludge dry-
ing and removal facilities.
Advantages
a. Provides water supply of ex-
cellent quality through 1995.
b. Resolves the current prob.
leets relating to meeting peak
demands and the inherent
risks of prolonging this prac-
tice.
c. Ability to finance with 20
year revenue bonds.
d. Meets the conditions of the
consent order as promulgated
by State and Federal regula-
tions.
Disadvantages
a. Total cost of the project.
Regular Session, April 5, 1976 1 5
b. Questionable need of optional
items at this juncture in time.
Plan Il
1. Expand plant by 10 mm GPD
but drop optional items.
2. Construct sludge drying and re-
moval facilities.
Advantages
a. Provides adequate water sup-
ply through 1995.
b. Resolves the current problems
relating to peak demands and
the inherent risks of prolong-
ing this practice.
c. Satisfies the consent order
now existing with the city.
d. By elimination of computer
additions and interfacing and
conversion of pneumatic
valves, over $300,000 can be
dropped from the project. We
believe cost savings of addi-
tional computerization does
not favor installation now.
e. Presently the plant has emer-
gency power capacity to op-
erate plant at rate of 6,000,000
GPD. We believe that instal-
lation of additional emergen-
cy electric capacity can be
postponed. Cost of this unit
is estimated at $165,000.
f. Well fields now operate on a
2300 volt power supply. Al-
though the 2300 volt system
is outmoded, we believe
change over of the system to
480 volts can be delayed.
Changeover would cost $112,-
500.
Disadvantages
a. Delays optional items that
may eventually be required.
Plan III
Construction only of sludge drying
and removal facilities.
Advantages
a. Meets the stipulation of the
conser_t order now existing for
appropriate disposition of
spent lime residual.
b. Reduce the capital expendi-
ture and amount of revenue
bond issue.
Disadvantages
a. Leave the city in a precarious
situation in meeting current
and future water demands.
b.Obviates advantages that may
be realized by construction of
facilities jointly.
e. Necessitates the city to go to
money market again in the
near future with another bond
issue to finance expansion of
plant.
Recommendation
We. recommend the Council fav-
orably consider Plan II. The plan
does provide for expansion of
Plant to serve needs for next 15-
20 years; resolves problems re-
lated to the consent order and is
within the financial capabilities
of the city under the proposed
water rate schedule.
Gilbert D. Chavenelle
City Manager
Mr. Walker & Mr. Ombruni
from IID & R submitted a plant
layout sketch of the proposed
Water Works Expansion project.
Councilman Stackis moved that
the communication of City Man-
ager be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays—None.
April 2, 1976
To the Honorable Mayor
and City Council
I submit for your consideration
three water rate proposals. We
will discuss these with you at
Council meeting. Also, we will
present a proposal for water
plant construction.
Gilbert D. Chavenelle
City Maanger
Mr. Joe Hail, Water Superin-
tendent, reviewed water rate
schedules with the Council. Coun-
cilman Stackis moved that the
communication of City Manager
be received and filed. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 2, 1976
To the Honorable Mayor and
and City Council
1 have appointed Mr. Gerald P.
Swift and Mr. Frank J. Schwartz
to the Heating, Ventilating, Air -
Conditioning and Refrigeration
Board for three year terms which
will expire March 16, 1979.
I request that you ratify these
appointments.
Gilbert D. Chavenelle
City Manager
154
Regular Session, April 5, 1976
Councilman Stackis moved that
the cominunicationbe
erecei ed
and filed and appointment
proved. Seconded byCouncilman
ofollowing
Tully. Carried by the
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 1, 1976
The Honorable Mayor and
Members of the the Council
following
I have approved
bond and certificate of insurance
and wish to have your approval
of same for filing.
SIDEWALK CONSTRUCTION
BOND
OK Home Improvement Co. of Du-
buque, Bond No. 328505, Mer-
chants Mutual Bonding Co. in
the amount of $1,000, dated
4-22.76.
CERTIFICATE OF INSURANCE
Robert's River Ride, Liability &
Property Damage Policy No.
GLA 33783, Western World In.
surance Co. 4-1-76 to 4.1.77.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed and filing be approved.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger
Nays—None.
April 1, 1976
Honorable Mayor and
City Council
On September 17, 1973, Dolly
Renslow filed an action in the Dis-
trict Court in and for Dubuque
County, Iowa, as Law No. 40006
against the City of Dubuque, Iowa
claiming damages in the amount
of $30,000.00 for alleged injuries
received in fall on the public side-
walk on February 17, 1971 on east
side of North Main Street at a
point near 1000 North Main Street.
This matter was defended by
the City Attorney's office and a
jury trial was held on the 23rd
day of March, 1976 and thereafter
the jury returned a verdict in fay.
or of the defendant, City of Du-
buque, Iowa.
Copy of Original Notice with pe-
tition attached is hereto attached.
R. N. Russo
City Attorney
Councilman Tully moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Suit of Frederick and
Charlotte Cole, in the amount of
$65,000, for personal injuries re-
ceived in a fall on an ice and snow
covered sidewalk on March 4,
1975, on E. 13th Street between
Jackson & White Streets, pre-
sented and read. Councilman
Tully moved that the Notice of
Suit be referred to the City So-
licitor for investigation and re-
port. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 11.76
An Ordinance repealing Ordi-
nance No. 35.73 and enacting
a new ordinance establishing
fines for parking violations and
providing for administrative
collection thereof,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman 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 dis-
pensed
Council-
man Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 11-76
AN ORDINANCE REPEALING
ORDINANCE NO. 35-73 AND EN.
ACTING A NEW ORDINANCE
ESTABLISHING FINES FOR
PARKING VIOLATIONS AND
PROVIDING FOR ADMINISTRA-
TIVE COLLECTION THEREOF'
Regular Session, April 5, 1976 155
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
SECTION 1. The owner or operator
of any vehicle who shall receive notice,
either personally or by the attaching of
such notice to said vehicle, that said
vehicle is parked in such manner, in
such a place or for such a time as to
violate the provisions of this ordinance
relating to the parking of vehicles and
relating to the provisions of Ordinance
No. 33-49 known as the "Traffic Code
of the City of Dubuque, Iowa" relating
to the parking of vehicle may, within
seventy-two hours from the time when
such notice is served upon him or at-
tached to such vehicle, pay to the City
Treasurer as a penalty for such violation
the following sum:
Overtime parking, Double parking,
Illegal alley parking and any other
standing or parking violation.
If paid within seventy-two hours from
the time of violation as indicated on the
notice, such fine shall be the sum of
.. $2.00
If not paid within seventy-two hours
such fine shall be the sum of $3.00
Street Storage
If paid within seventy-two hours from
the time of violation as indicated on the
notice, such fine shall be the sum of
$4.00
If trot paid within seventy-two hours
such fine shall be the sum of $6.00
Parking in Private Lots
If paid within seventy-two hours from
time of violation as indicated on the no-
tice such fine shall be the sum of $5.00
If not paid within seventy-two hours
such fine shall be the sum of ... $7.00
Parking Interference With Snow Or
Ice Removal
If paid within seventy-two (tours from
the time of violation as indicated oil the
notice such fine shall be the sum of $1.00
If not paid within seventy-two hours
such fine shall be the sum of $7.00
Payment of the above penalty, or fine,
upon being mailed to the City Treasurer
shall be deemed paid as of the time of
the postmark on the envelope thereof.
SECTION 2. Parking Violations—Post-
ing Bond To Appear in Court
Any person receiving such notice of vio-
lation and deeming himself not guilty of
such offense, or desiring to appear and
defend against the same, shall within
twenty-four hour period appear at the
Police Department and promise to appear
in the District Court of Dubuque Coun-
ty, Iowa r trial.
SECTION 3. The provisions hereof
shall not in any manner effect the pen-
alty, provisions of any other Ordinance,
or part of Ordinance, relating to the
parking of vehicles upon the streets, ave-
nues, alley or public places within the
City of Dubuque, Iowa but shall be
cumulative of all other ordinances on
the subject and for the purpose of pro-
viding a more convenient and economi-
cal method of handling such violations.
SECTION 4. Parking Violations—Inter
Office Procedures
The offices of the Police Department,
Data Processing, Traffic Engineer and
City Treasurer are hereby directed to
formulate the necessary office and inter-
office procedures to carry into effect the
provisions of this Ordinance.
SECTION I. That all ordinances, or
parts of ordinances in conflict herewith
are to the extent of such conflict hereby
repealed.
SECTION 6. That this Ordinance
shall be and become effective May 16,
1976 upon its passage, approval and pub-
lication as by law provided.
Passed, approved and adopted this Ith
day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertrberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 9th day of April
1976.
Leo F. Frommelt
City Clerk
It 4/9
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 2, 1976
Honorable Mayor and
Councilmen
In response to your request we
herewith transmit for your review,
draft copies of three proposed
amendments to the City of Du.
buque Zoning Ordinance.
The proposed amendments deal
with 1) repeal of the requirement
for the Board of Zoning Adjust-
ment to hold public hearing and
that certified mail will be sent
only to abutting property owners
on matters subject to the issuance
of a variance; 2) a change of fee
structure for request for reclassi-
fication of property; and 3) clari-
fication of procedures for the ad-
ministration of zoning reclassifi-
cation requests, and providing for
circumstances in which not be required lic
earings may by
h
the City Planning Commission,
156 Regular Session, April 5, 1976
With your concurrence the pro-
posed amendments will be sub-
mitted to the City of Dubuque
Planning and Zoning Commission
at their meeting of April 21st, and
a report and recommendation from
that body will be returned to you
in May.
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sec-
tion 6-107.3, Section 6-107.4 and
Section 6-107.6 of Article VI there.
of and enacting a new Section
6-107-3, Section 6.107.4 and Sec-
tion 6.107.6 of Article VI in lieu
thereof, to repeal the requirement
of public hearing and notice to
any property owners other than
abutting property owners on mat-
ters subject to the issuance of a
variance, presented and read.
Councilman Tully moved that the
Ordinance be referred to the Plan-
ning & Zoning Commission. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sec-
tion 8-103.2 of Article VIII thereof
and enacting new Sections 8-103.2,
8-103.3, 8.103.4, and 8-103.5 of Ar-
ticle VIII in lieu thereof, so as to
clarify procedures for the admin-
istration of zoning reclassification
requests, and providing for cir-
cumstances in which public hear-
ings may not be required, present.
ed and read. Councilman Tully
moved that the Ordinance be re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32.75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sub-
section 5(a) and 5(c) and Section
10-101 of Article X thereof and
enacting new subsections 5(a) and
5(c) of Section 10-101 of Article
X in lieu thereof to provide a
change in fee structure for re-
classification of property, present-
ed and read. Councilman Tully
moved that the Ordinance be re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
An Ordinance creating and es-
tablishing the Dubuque Cable TV
Commission, describing the pur-
poses, funding and make-up there-
of, was presented and read for in-
formation, discussion and study.
Councilman Tully moved that the
Ordinance be referred to the Cable
TV Commission for further recom-
mendations and report. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Harold Greenwood et
al (28 signers) Hawkeye Heights
and Olympic Heights Area being
opposed to proposed annexation
due to possible payment of a full
tax rate without the benefit of
sewer and water, presented and
read. Councilman Brady moved
that the petition be received and
filed and referred to the Public
Hearing on annexation. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Amy Dolan et al (36
signatures) students from Holy
Ghost School requesting the estab.
lishment of Bike Routes, present.
ed and read. Councilman Tully
moved that the petition be re-
ceived and filed and referred to
the City Manager and Traffic ay .
partment. Seconded by ic
Regular Session, April 5, 1976 157
Lundh. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Mrs. Harold Saefkow
et al (111 signers) requesting that
the existing Hili Street Neighbor-
hood Ass'n be accepted and en-
dorsed for the purpose of improv-
ing the area and due to the "pri-
vacy law" are questioning the
voting eligibility of the petitioners,
presented and read. Councilman
Brady moved that the petition be
accepted and referred to the Com-
munity Development Department
and they answer questions that
Council has raised and people
come and talk to Council. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays --Councilman Stackis.
Petition of Dubuque Sports Un-
limited Inc. requesting permission
to sell opening day buttons and
season tickets in Downtown Plaza
on April 10th & 11th, presented
and read. Councilman Wertzberger
moved that the request be ap-
proved subject to Manager's ap-
proval. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Ken Schromen re-
questing permission to excavate
at 2277 South Way to repair water
line, presented and read. Council-
man Wertzberger moved that the
request be approved. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Dubuque Arts Coun-
cil requesting to meet with the
Council at 8 P.M. on Tuesday,
April 13th, to determine the po-
tential and support for an outside
touring professional dance compa-
ny, presented and read. Council-
man Wertzberger moved that the
Petition be referred to the Recrea-
tion Commission. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Youth Services Board
requesting a work session with the
Council being of the opinion that
a redefinition of the mission of the
department is in order, presented
and read. Councilman Stackis
moved that the meeting be set
for April 20, 1976 at 7:30 o'clock
P.M. in the Council Chambers at
City Hall. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing rote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of DAV Unit #6 re-
questing permission to sell For-
get-Me-Nots on July 23 and 24,
1976, presented and read. Coun-
cilman Brady moved that the re-
quest be approved subject to final
approval of the City Manager.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Thompson's Food
Market requesting a refund of
$25, on the unexpired portion of
Cigarette License No. 622, discon-
tinued business on February 13,
1976, presented and read. Coun-
cilman Stackis moved that the re-
fund be granted and City Auditor
directed to issue proper warrant.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Thompson's Food
Market requesting a refund of
$18.75, on the unexpired portion
of Class "C" Beer Permit No. C-
1975-75, discontinued business on
February 12, 1976, presented and
read. Councilman Stackis moved
that the refund be granted and
City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Joseph A. Schumach-
er requesting a refund of $25, on
158 Regular Session, April 5, 1976
the unexpired portion of Cigarette
License No. 614, discontinued bus-
iness on March 29, 1976, presented
and read. Councilman Stackis
moved that the refund be granted
and City Auditor directed to issue
proper warrant. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Florence E. Chalder
requesting a refund of $25, on the
unexpired portion of Cigarette Li-
cense No. 660, discontinued busi-
ness on March 31, 1976, presented
and read. Councilman Stackis
moved that the refund be. granted
and City Auditor directed to issue
proper warrant. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Florence Chalder re-
questing a refund of $37.50, on
unexpired portion of Class "C"
Beer Permit No. C-2957-75, dis-
continued business on March 31,
1976, presented and read. Council-
man Stackis moved that the refund
be granted and City Auditor di-
rected to issue propper warrant.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Richard N. Stecklein
requesting a refund of $25, on the
unexpired portion of Cigarette Li-
cense No. 723, discontinued busi-
ness on March 31, 1976, presented
and read. Councilman Stackis
moved that the refund be granted
and City Auditor directed to issue
proper warrant. Seconded by Coun
cilman Tully. Carried by the fol
lowing vote:
Yeas—Mayor Lundh, Councilmer
Brady, Stackis, Tully, Wertzberger
Nays—None.
April 2, 1976
To the Honorable Mayor
and City Council
1 hereby submit the attached
sheets no. 1 to 16, inclusive, show-
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque 1976 Asphalt Pav-
ing Project No. 1.
Submitted April 1, 1976.
John L. White, P.E.
City Engineer
Councilman Tully moved that
the communication be received
and filed and April 20, 1976 at
4:30 P.M. set as time to inspect
streets on program. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
RESOLUTION NO. 106.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
S*ctlon 1. That the attached
sheets no. 1 to 16, inclusive, are
hereby determined to be the
schedule of proposed assessments
for the City of Dubuque 1976 As-
phalt Paving Project No. 1, and
the valuations set out therein, are
hereby approved.
Adopted this 5th day of April,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
RESOLUTION NO. 107.76
BE IT RESOLVED by the City
Council of the City of Dubuque,lne,
Iowa, that the proposed p
specifications, form of contract,
plat and schedule, including val-
uations appearing thereon and all
other documents for the City of
Dubuque 1976 Asphalt Paving
Project No. 1:
1. Alpine St. from the S.P.L. of
University Ave. to the N.P.L. of
Dodge St.
2. Ashton Pl. from the N.P.L.
of Decorah St. to the S.P.L. of
Delaware St.
3. Central Ave. from the youth
Regular Session, April 5, 1976 159
curb line of 4th St. to the north
curb line of 3rd.
4. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
5. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
6. Eagle Point Park -roadway.
7. English Lane from the S.P.L.
of Mt. Loretta St. to the W.P.L.
of Sullivan St.
8. Intersection widening at John
F. Kennedy, Highway 20 and Uni-
versity Ave.
9. Marquette Place from the W.
P.L. of Queen Street to the south
property line of Lot 4 of Audubon
Addition.
10. Samuel St. from north curb
line of Southern Ave. to the south
curb line of Tressa St.
11. Tower Dr. from the west
street line of Rockdale Rd. (sta.
0+09) to the W.P.L. of Lot 2-1.1-
1-2 of Mineral Lot 483 (sta.
9+80.29).
12. Walnut St. from the S.P.L.
of Loras Blvd. to the N.P.L. of
University Ave.
13. Windsor Ave. from the N.P.
L. of Davis Ave. to the S.P.L. of
the alley south of Strauss Street.
In the estimated amount of
$492,518.27, presented and read.
Councilman Tully moved adoption
Of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas -Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays -Councilman Brady.
(Necessity for Improvement)
RESOLUTION NO. 108-76
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre -
Pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
I. The assessment limits, if any.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as.
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
Proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
City of Dubuque 1976 Asphalt
Paving Project No. 1:
1. Alpine St. from the S.P.L. of
University Ave. to the N.P.L.
of Dodge St.
2. Ashton Pl. from N.P.L. of De.
corah St. to the S.P.L. of Dela-
ware St.
3. Central Ave. from the south
curb line of 4th St. to the
north curb line of 3rd.
4. Davis Ave. from the W.P.L. of
Windsor Ave. to the E.P.L. of
Sheridan Rd.
5. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
6. Eagle Point Park -roadway.
7. English Lane from the S.P.L.
of Mt. Loretta St. to the W.P.L.
of Sullivan St.
8. Intersection widening at John
F. Kennedy, Highway 20 and
University Ave.
9. Marquette Place from the W.
P.L. of Queen Street to the
south property line of Lot 4
of Audubon Addition.
10. Samuel St. from north curb
line of SouthernAve. to the
south curb line of Tressa St.
11. Tower Dr. from the west street
line of Rockdale Rd. (sta. 0+09)
to the W.P.L. of Lot 2.1-1-1-2
of Mineral Lot 483 (sta.
9+80.29).
12. Walnut St. from the S.P.I.. of
Loras Blvd. to the N.P.I.. of
University Ave.
13. Windsor Ave. from the N.P.L.
of Davis Ave. to the S.P.L. of
the alley south of Strauss St.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res.
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
160 Regular Session, April 5, 1976
which have been prepared there-
fore by the City Engineer
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the R.U.T. Fends.
Street bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or as-
sessment district shall be assessed
to and paid by the railway com-
pany.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 5th day of April, 1976.
Approved and placed on file for
final action.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr
Richard Wertzberger
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved ap-
proval of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
(Fixing date of hearing)
RESOLUTION NO. 109.76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 107-76 given its
preliminary approval on the pro-
posed plans, specifications an
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for th
construction of: City of Dubuque
1976 Asphalt Paving Project No. 1•
1. Alpine St. from the S.P.L. of
University Ave. to the N.P.L.
of Dodge St.
2. Ashton Pl. from the N.P.L. of
Decorah St. to the S.P.L. of
Delaware St.
3. Central Ave. from the south
curb line of 4th St. to the
north curb line of 3rd.
4. Davis Ave. from the \V.P.L. of
Windsor Ave. to the E.P.L. of
Sheridan Rd.
5. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
6. Eagle Point Park—roadway.
7. English Lane from the S.P.L.
of Mt. Loretta St. to the W.P.
L. of Sullivan St.
8. Intersection widening at John
F. Kennedy, Highway 20 and
University Ave.
9. Marquette Place from the W.
P.L. of Queen St. to the south
property line of Lot 4 of Au-
dubon Addition.
10. Samuel St. from north curb
line of Southern Ave. to the
south curb line of Tressa St.
11. Tower Dr. from the west street
line of Rockdale Rd. (sta. 0-09)
to the W.P.L. of Lot 2-1-1-1.2
of Mineral Lot 483 (sta.
9-80.29)
12. Walnut St. from the S.P.L. of
Loras Blvd. to the N.P.L. of
University Ave.
13. Windsor Ave. from the N.P.L.
of Davis Ave. to the S.P.L. of
the alley south of Strauss
Street.
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection.
BE IT THEREFORE RESOL 9E6
that on the 3rd day of May,
a public hearing will be held at
7:30 o'clock P.M. C.S.T. in the
Council Chamber in the City of
Dubuque at which time the own-
ers of property subject to assess-
ment for the proposed improve-
ment may appear and ma1ke bjec-
and
tion to the proposed P
specifications and proposed form
d of contract and at the same time
to the boundaries of the proposed
district, to the cost of the improve.
e ment, to the amount proposed to
d to
be assessed against any lot
the passage of the proposed Reso-
Regular Session, April 5, 1976 161
lution of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
lished in some newspaper pub-
lished in the city of Dubuque, the
last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk ob.
jections to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 5th day of April, 1976.
Alvin E. Lundh
Maycr
Thomas A. Tully, Jr.
Richard Wertzberger
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Proof of Publication, certified to
by the Publisher, of Notice of
Finding of No Significant Effect
on the Environment for a Project
identified as the purchase of
cleared land in the Downtown Ur-
ban Renewal Project, Iowa R-15,
to be undertaken under Title I of
the Housing and Community De-
velopment Act of 1974, presented
and read. Councilman Wertzberger
moved that the proof of publica-
tion be received and filed. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 11476
Authorizing submission of a re•
quest for release of funds for
the purchase of cleared land in
the Downtown Urban Renewal
Project, Iowa R-15.
WHEREAS, the City of Dubuque
in conformance with the Environ-
mental Review Procedures for the
Community Development Block
Grant Program convened an ad
hoc committee on March 4, 1976
and completed an Environmental
Assessment of a proposal (project)
to purchase cleared land in the
Downtown Urban Renewal Proj-
ect, Iowa R-15, with Community
Development Block Grant funds;
and
WHEREAS, pursuant to Resolu-
tion No. 72-76 adopted March 8,
1976, Public Notice of a "Finding
of no significant effect on the en-
vironment' for the proposal (proj-
ect) was published March 9, 1976,
in the Dubuque Telegraph Her-
ald, a newspaper of general circu-
lation, and provided for a public
comment period until 12:00 noon,
Wednesday, March 31, 1976; and
WHEREAS, Public Notice of a
"Finding of no significant effect
on the environment" for the pro-
posal (project) was sent by regu-
lar mail to various Federal, state
and local public agencies and to
the local news media, individuals
and groups known to be interested
and believed to be appropriate to
receive such a Public Notice; and
WHEREAS, any and all objec-
tions, if any, to such a proposal,
have been duly considered; and
WHEREAS, it is the intent of
the City Council to authorize the
submission of a request to the
U.S. Department of Housing and
Urban Development for release of
funds under the said Act to carry
out the above identified project,
now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
SECTION 1. That the Environ-
mental Review Record for the pur-
chase of cleared land in the Down-
town Urban Renewal Project,
Iowa R-15, with Community De-
velopment Block Grant funds shall
continue to remain on file in the
Office of the City Clerk, where
said record may be examined and
copied by any interested party.
SECTION 2. That the Mayor of
the City of Dubuque is hereby au-
thorized and directed to submit
to the U.S. Department of Housing
and Urban Development on the
Regular Session, April 5, 1976
13th of April. 1976, a request for
release of funds to undertake the
said Project.
SECTION 3. That the Mayor of
the City of Dubuque is hereby au-
thorized to consent to assume the
status of a responsible Federal of-
ficial under the National Environ-
mental Protection Act, insofar as
the provisions of the said Act ap-
ply to the U.S. Department of
Housing and Urban Development's
responsibilities for review, deci- j
sion-making, and action assumed
and carried out by the City of
Dubuque as to environmental is-
sues.
SECTION 4. That the Mayor of
the City of Dubuque is hereby au-
thorized to consent personally. in
his official capacity and on behalf
of the City of Dubuque, to accept
the jurisdiction of the Federal
courts if an action is brought to
enforce responsibilities in relation
to environmental reviews, deci-
sion-making and action.
SECTION 5. That the Mayor of
the City of Dubuque be and he is
hereby authorized and directed to
execute a Certification pertaining
to the environmental review pro-
cedures.
SECTION 6. That the City Clerk
be and he is hereby authorized
and directed to publish a public
notice for a Request for Release
of Funds and Certification in the
form of Exhibit "A" attached here-
to and made a part hereof.
Passed, approved and adopted
this 5th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the Environmental
Review Procedures for the Com-
munity Development Block Grant
Program, the City of Dubuque in-
tends to file a request on April
13, 1976, for Release of Funds for
Certification of a project identi-
fied as the purchase of cleared
land in the Downtown Urban Re-
newal Project, Iowa R-15, to be
undertaken with funds made avail-
able under Title I of the Housing
and Community Development Act
of 1974.
The project includes the pur-
chase of cleared land in the Down-
town Urban Renewal Project,
Iowa R-15, by the City of Du-
buque, and upon resale of the
cleared land for redevelopment
purposes in accordance with the
approved Urban Renewal Project
to redeposit the funds in the Com-
munity Development Block Grant
Program.
The City of Dubuque has made
an Environmental Review Record
for the project, and has placed
this record on file in the Office
of the City Clerk in City Hall,
13th and Iowa Streets, Dubuque,
Iowa, where said record may be
examined and copied between the
hours of 8:00 AM and 5:00 PM,
Monday through Friday until 5:00
PM on the 4th day of May, 1976.
The name of the applicant is
the City of Dubuque, Iowa, and
the Chief Executive Officer of the
applicant is Mayor Alvin E. Lundh.
The mailing address for both the
applicant and the Chief Executive
Officer is City Hall, 13th and Iowa,
Dubuque, Iowa.
The City of Dubuque will un-
dertake the project described
above with Block Grant funds
from the U.S. Department of Hous-
ing and Urban Development
(HUD), tinder Title I of the Hous-
ing and Community Development
Act of 1974. The City of Dubuque
is certifying to HUD that the City
of Dubuque and Alvin E. Lundh,
in his official capacity as Mayor,
consent to accept the jurisdiction
of the Federal court if an action
is brought to enforce responsibil-
ities in relation to environmental
reviews, decision making, and ac-
tion; and that these responsibil-
ities have been satisfied. The legal
effect of the certification is that
upon its approval, the City of Du-
buque may use the Block Grant
funds and HUD will have satis-
fied its responsibilities under the
National Environmental Policy Act
of 1969. HUD will accept an objec-
tion to its approval of the release
of funds and acceptance of the
certification only if it is on one
Regular Session, April 5, 1976 163
of the following bases: (a) That
the certification was not in fact
executed by the chief executive
officer or other officer of appli-
cant approved by HUD; or (b) that
applicant's environmental review
record for the project indicates
omission of a required decision,
finding, or step applicable to the
project in the environmental re-
view process. Objections must be
prepared and submitted in accord-
ance with the required procedure
(24 CFR Part 58), and may be ad-
dressed to HUD at Omaha Area
Office, 7100 West Center Road,
Omaha, Nebraska 68106. Objec-
tions to the release of funds on
bases other than those stated
above will not be considered by
HUD. No objection received after
the 4th day of May, 1976, will be
considered by HUD.
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 26, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 5
and Block 6 in "Sherwood Park,"
Section 10, Dubuque Township,
Dubuque County, Iowa.
The Commission recommends
Your favorable consideration of
the final plat provided that the de-
veloper complies with City of Du-
buque Standard Specifications for
curb, gutter and paving, all sub-
ject to the approval of the City
Engineer.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed and recommendation be
approved. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, fully, Wertzberger.
Nays—None.
RESOLUTION NO. 111.76
RESOLUTION approving Plat of
Block 5 and Block 6 in "Sherwood
Park" in Section 10, Dubuque
Township, Dubuque County, Iowa.
WHEREAS, there has been filed
with the City Clerk of the Sub-
division to be known as "Block 5
and Block 6 in 'Sherwood Park'";
and
WHEREAS, upon said plat ap-
pears a street to be known as
Robin Hood Drive, together with
certain public utility easements
which the owners by said plat
have dedicated to the public for-
ever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that said subdivision is
within the jurisdictional area of
the City of Dubuque pursuant to
Section 409.14 of the 1975 Code
of Iowa; and also that same con-
forms to statutes and ordinances
relating thereto, except that street
grades have not been established,
the streets brought up to grade,
or storm sewers, catchbasins and
paving installed,
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the plat of
Block 5 and Block 6 in "Sherwood
Park" in Section 10, Dubuque
Township, Dubuque County, Iowa,
be and the same is hereby ap-
proved and the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval
of the City of Dubuque, Iowa, up-
on said plat, provided the owners
of said property herein named,
execute their written acceptance
hereto attached agreeing:
a. To reduce the street to grade
and to construct concrete curb
and gutter and to hard surface
Robin Hood Drive with bitumi-
nous concrete, or with concrete
paving with integral curb, all in
accordance with City of Dubuque
or Dubuque County standard
specifications.
b. To install storm sewers and
catchbasins all in accordance with
City of Dubuque or Dubuque
County standard specifications,
164 Regular Session, April 5, 1976
c. To construct the foregoing
improvements in accordance with
plans and specifications
ovedi byl the CitymMan-
ea
to and app
ager under the inspection of the
City Engineer, or the Dubuque
County Engineer, and in a manner
approved by the City Manager, or
the Dubuque County Engineer.
d. To maintain all street im-
provements, storm sewers and
catchbasins within the public right
of way for a period of four ,years
from date of its acceptance, by the
appropriate governmental body.
e. To provide the foregoing con-
struction and maintenance at the
sole expense of the subdividers,
Merlin A. Digman, and Eileen F.
Digman.
f. To construct said improve-
ments prior to April 1, 1978.
g. That the owners, Merlin A.
Digman, Eileen F. Digman, Bert
A. Shade and Hilda Al. Shade se
cure the performance of the fore-
going conditions in a manner ac-
ceptable to the City Manager, or
in a manner acceptable to the Du-
buque County Board of Supervis-
ors if said Board elects to require
security.
Section 2. That in the event Mer-
lin A. Digman, Eileen F. Digman,
Bert A. Shade and Hilda M. Shade
shall fail to execute the accept-
ance and furnish the security pro-
vided for in Section 1 hereof with-
in forty-five (45) days after the
date of this Resolution, the provi-
sions hereof shall be null and
void.
Passed, adopted and approved
this 5th day of April, A.D., 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Thomas A. Tully, Jr.
Richard Wertzberger
Councilmen
Attest:
Leo F. Frommelt
City Clerk
State of Iowa
Dubuque County
as.
I, Leo F. Frommelt, do hereby
certify that 1 am the duly ap-
pointed, qualified City Clerk of
the City of Dubuque in the Coun-
ty aforesaid, and as such Clerk
attest to the above Resolution.
Leo F. Frommelt
City Clerk of the
City of Dubuque
ACCEPTANCE OF
RESOLUTION NO. 111.76
We, the undersigned Merlin A.
Digman, Eileen F. Digman, Bert A.
Shade and Hilda M. Shade, having
read the terms and conditions of
the foregoing Resolution No. Ill.
76 and being familiar with the con.
ditions thereof, hereby accept the
same and agree to perform the
conditions required therein.
Dated at Dubuque, Iowa this
15th day of April, 1976.
Merlin A. Digman
Eileen F. Digman
Bert A. Shade
Hilda M. Shade
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 112.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Theodore C. Bartmann, The White
House, 450 West Locust
Douglas J. Heinen, Main Street
Beer Store, 113 Main Street
J. D. Street & Co., Inc., Dubuque
Zephyr, 55 John F. Kennedy
Regal "8" Inn, 2670 Dodge St.
Passed, adopted and approved
this 5th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leu F. Frommelt
City Clerk
Regular Session, April 5, 1976 165
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 113.76
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 "C" BEER PERMIT
Douglas J. Heinen, Main Street
Beer Store, 113 Main Street
Grandview Drug, Inc., 486 North
Grandview Ave.
Richard E. Palmer, Palmer Drug
Store, 2600 Dodge Street
Leonard Oil Co., Site Service Sta-
tion Mini/Mart, 1307 Dodge
Street
CLASS "B" BEER PERMIT
Dubuque Jaycees, 1023% Main St.
(Also Sunday Sales)
Passed, adopted and approved
this 5th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest: Councilmen
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
RESOLUTION NO. 114-76
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
occupied by such applicants were
inspected and found to comply
with the Ordinances 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 follow-
ing named applicants a Beer Per.
mit.
CLASS "C" BEER PERMIT
Douglas J. Heinen, Main Street
Beer Store, 113 Main Street
Grandview Drug Inc., 488 N.
Grandview Ave.
Richard E. Palmer, Palmer Drug
Store, 2600 Dodge Street
Leonard Oil Co., Site Service Sta.
tion Mini/Mart, 1307 Dodge St.
CLASS "B" BEER PERMIT
Dubuque Jaycees, 1023% Main
Street (Also Sunday Sales)
Passed, adopted and approved
this 5th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 11576
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined;
NOW TIiEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
r E Regular Session, April 5, 1976
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Theodore C. Bartmann, The White
House, 450 West Locust St.
Mary A. Miller, Packy's Tap &
Grill, 700 East 16th St. (Also
Sunday Sales)
Joyce L. Moeller, Oriole Oasis,
1604 Central Avenue (Also Sun-
day Sales)
Ronald J. Fens, Ron's Barrell Tap,
1121 University Ave.
Mary Kathryn Ford, Stop N -C Tap,
1027 Rhomberg Ave.
Passed, adopted and approved
this 5th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, 'fully, Wertzberger.
Nays—None.
RESOLUTION NO. 11676
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of
this Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT Rl
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Theodore C. Bartmann, The White
House, 450 West Locust
Mary A. Miller, Packy's Tap &
Grill, 700 East 16th St. (Also
Sunday Sales)
Joyce L. Moeller, Oriole Oasis,
1604 Central Ave. (Also Sunday
Sales)
Ronald J. Fens, Ron's Barrell Tap,
1121 University Ave.
Mary Kathryn Ford, Stop N -C Tap,
1027 Rhomberg Ave.
Passed, adopted and approved
this 5th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
Special Session, April 12, 1976 167
CITY COUNCIL
OFFICIAL
Special Session, April 12, 1976.
Council met at 7:30 o'clock P.M.
Present --Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger. City Manager Gilbert D.
Chavenel le.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING VACATION AND SALE
OF PROPERTIES IN HAWKEYE
ESTATES TO CORRECT DISCREP.
ANCIES AS TO THE LOCATION
OF STREETS, and acting upon
such other business as may prop-
erly come before a Regular Meet-
ing of the Council.
Mayor Lundh signed and ap-
proved the following proclama-
tions: Proclaiming May 1976, as
"AWBA Scholarship Month in Du-
buque, Iowa," and Proclaiming the
week of April 12th as "Baseball
Week in Dubuque."
Dubuque '76 Inc., represented
by Mary Jo Keating, presented a
project analysis on Dubuqueland
Bicentennial Projects.
Three naval officers represent-
ing the USS Dubuque were pres.
ent. Lt. Jack Stollery, former com-
munications officer from the ship,
presented an ashtray to the Coun-
cil as a gesture of goodwill and
friendship.
Communication of Playground
and Recreation Commission sub-
mitting minutes of their meeting
of March 29, 1976, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Janice Gies.
ler of 729 Edith St. disagreeing
with Chamber's suggestion of lim-
iting garbage collection to once
a week, also being in favor of
annexation, presented and read.
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Youth Serv-
ices of Dubuque submitting appli-
cations for new Board members
for Youth Services, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed and referred to
Council. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Catholic Moth-
ers Study Clubs of Dubuque oppos-
ing the charging of fees to indi-
viduals, small groups and family
groups at the Dubuque Parks, pre-
sented and read. Councilman
Stackis moved that the communi-
cation be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of U. S. Coast
Guard, Department of Transporta-
tion, expressing appreciation for
the outstanding cooperation by 'fie
City Police and Fire Departments
at the time a Milwaukee train
struck a protruding stock rail
which ruptured two fuel tanks
causing a spillage of 3000 gallons
of diesel fuel which was prevent-
ed from running into the harbor,
presented and read. Councilman
Stackis moved that the communi-
cation be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Five Flags
Corporation advising of discussion
of the needs of the proposed Civic
Arena at a public meeting on
Tuesday, April 13th at 7:30 P.M.
in Room 650 Dubuque Building,
presented and read. Councilman
Tully moved that the communica-
tion be received and filed. Second.
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
168 Special Session, April 12, 1976
April 9, 1976
Honorable Mayor and
Councilmen
We are submitting for your in-
formation a second series of wa-
ter rates. This second series is
based on suggestions made during
the discussion last Monday Eve.
ning. We believe that this series,
taken with the proposals previous-
ly presented, offer comparative
data on which judgment can be
made.
We are also attempting to Stu-
dy and prepare a rate schedule de-
signed to limit excessive use of
water. We will try to have this
available in the next two days.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved to sus-
pend the rules to let anyone pres-
ent address the Council if they
so deisre. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Robert Dorothy of D.A.I.C.
spoke to the communication stat-
ing that Industry seem to be get-
ting the big end; Individual home
owners are the greatest waster;
High rates a detriment to new in-
dustry in Dubuque.
Councilman Stackis moved that
the communication of the City
Manager be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 7, 1976
To the Honorable Mayor and
Members of the City Council
I have approved the following
bonds and desire to have your ap-
proval of same.
SIDEWALK CONSTRUCTION
CONTINUATION CERTIFICATE
Edwards Concrete Contractors Inc.,
$1,000 Universal Surety Co.,
Bond No. 932751 to April 12,
1977.
SIDEWALK CONSTRUCTION
BOND
Conlon Construction Co. $1,000,
Northwestern National Insur-
ance Co. effective date April 8,
1976—one year.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed and filing be approved.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Claim of Edward John
Arndt, in the amount of $50,000,
for personal injuries sustained on
March 5, 1976, due to ice cover
at the intersection of Westridge &
Pennsylvania Ave., presented and
read. Councilman Brady moved
that the Notice of Claim be re-
ferred to the City Solicitor for
proper proceedings. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Personal Injury Claim
of Mary J. Lorenz, in an undeter-
mined amount, for personal in-
juries received in a fall due to a
defective sidewalk at 4th Street
between Main and the alley along-
side Five Flags on March 14, 1976,
presented and read. Councilman
Brady moved that the notice of
claim be referred to the City So-
licitor for proper proceedings. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Carolyn Men-
ke suggesting the purchase of
mini -buses to be used on Sundays
by the elderly, in order to partici-
pate in activities available, pfe.
sented and read. Councilman Bra.
dy moved that the communication
be referred to the Transit Board.
Seconded by Councilman Wertz-
berger.
ertberger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Hearing for vacation and sale of
interest in a portion of Inwood
Avenue as shown on Correction
Special Session, April 12, 1976 169
Plat of Lots 6-19 incl. in Hawkeye
Estates, presented and read. No
written objections were filed and
no oral objectors were present in
the Council Chamber at the time
set for the hearing. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 12.76
An Ordinance vacating that por-
tion of Inwood Avenue as shown
on Correction Plat of Lots 6-19,
inclusive, in Hawkeye Estates in
the City of Dubuque, Iowa filed
in the office of the Dubuque
County Recorder as Instrument
No. 7492.1973 on September 18,
1973,
Said Ordinance having been pre-
viously presented and read at the
Council meeting of March 29, 1975,
presented for final adoption.
ORDINANCE NO. 12.76
AN ORDINANCE VACATING
THAT PORTION OF INWOOD
AVENUE AS SHOWN ON COR-
RECTION PLAT OF LOTS 6-19,
INCLUSIVE, IN THE HAWKEYE
ESTATES IN THE CITY OF DU-
BUQUE, IOWA FILED 1N THE
OFFICE OF THE DUBUQUE
COUNTY RECORDER AS IN.
STRUMENT NO. 7492-1973 ON
SEPTEMBER 18, 1973.
WHEREAS, correction plat of Lots
6-19, inclusive, in Hawkeye Estates in
the City of Dubuque, Iowa was filed
in the office of the Dubuque County
Recorder on the 18th day of September,
1973 as Instrument No. 7492-1973 which
correction plat displayed a portion of
Inwood Avenue thereon; and
WHEREAS, it is represented to the
City Council that the vacation of por-
tion of Inwood Avenue as shown on said
correction plat is necessary in order to
Clear up the existing legal infirmities in
the platting proceedings and that upon
the vacation thereof a new plat of Lots
1.29, inclusive, and Lot A in Hawkeye
Estates in the City of Dubuque, Iowa
Will rededicate Inwood Avenue and
Hawkeye Drive to the City of Dubuque,
Iowa; and
WHEREAS, the Planning and Zoning
Commission of the City of Dubuque,
Iowa has approved the vacation of said
Portion of Inwood Avenue as displayed
in the correction plat in consideration of
the rededication of Inwood Avenue and
Hawkeye Drive.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
SUCTION I. That the portion of In-
wood Avenue as shown on the correction
plat of Lots 6-19, inclusive, in Hawk -
eye Estates in the City of Dubuque,
Iowa filed September 18, 1973 in the
office of the Dubuque County Recorder
as Instrument No. 7492.1973 be and the
same is hereby vacated.
SECTION 2. That the disposal of in-
terest and the conveyance by the City
of Dubuque, Iowa in and to that portion
of Inwood Avenue as shown on the cor-
rection plat hereinabove mentioned to
Bernard F. Hefei and Addene C. Hefei,
husband and wife, Lawrence T. Hefei
and Alice D. Hefei, husband and wife,
and Dubuque Savings and Loan Associa-
tion for the sum of One ($1.00) Dollar,
plus costs of publication and that no ab-
stract of title will be furnished is hereby
approved.
SECTION 3. That the City Clerk be
and he is hereby directed to publish no.
tice of intent to dispose of interest in
said Inwood Avenue as displayed on cor-
rection plat hereinabove mentioned to
Bernard F. Hefei and Adelene C. Hefei,
husband and wife, Lawrence T. Hefei
and Alice D. Hefei, husband and wife,
and Dubuque Savings and Loan Associa-
tion as is by law required.
Passed, approved and adopted this 12th
day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest..
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 16th day of April
1976.
Leo F. Frommelt
City Clerk
It 4/16
Councilman Stackis moved final
adoption of the Ordinanve. 5 +cond-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 117-76
WHEREAS, pursuant to Resolu-
tion and published notice of time
and place of hearing, published in
the Telegraph -Herald, a newspaper
of general circulation published in
170 Special Session, April 12, 1976
the City of Dubuque, Iowa on
April 1, 1976, the City Council of
the City of Dubuque, Iowa met
on the 12th day of April, 1976 at
7:30 o'clock P.M. (Central Stand-
ard Time) in the City Council
Chambers, City Hall, Dubuque,
Iowa to consider the proposal to
dispose of interest of the City of
Dubuque in and to that portion of
Inwood Avenue as shown on Cor-
rection Plat of Lots 6-19, inclu-
sive, in Hawkeye Estates to Ber.
nard F. Hefei and Adelene C. Hef-
ei, husband and wife, Lawrence T.
Hefei and Alice D. Hefei, husband
and wife, and Dubuque Savings
and Loan Association; and
WHEREAS, the City Council of
the City of Dubuque, Iowa over-
ruled any and all objections, oral
or written, to the proposal to dis-
pose of interest of the City of
Dubuque, Iowa in the hereinafter
described real estate to Bernard
F. Hefei and Adelene C. Hefei,
husband and wife; Lawrence T.
Hefei and Alice D. Hefei, husband
and wife, and Dubuque Savings
and Loan Association;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of the City of Dubuque,
Iowa of an interest in and to that
portion of Inwood Avenue as
shown on Correction Plat on Lots
6-19, inclusive, in Hawkeye Estates
to Bernard F. Hefei and Adelene
C. Hefei, husband andwife, Law-
rence T. Hefei and Alice D. Hefei,
husband and wife, and Dubuque
Savings and Loan Association for
the sum of One Dollar ($1.00) plus
costs of publication and that no
abstract of title will be furnished
and the same is hereby approved
and that conveyance shall be by
Quit Claim Deed.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized to execute said
deed of conveyance and the City
Clerk be and he is hereby directed
and authorized to deliver said deed
of conveyance of the above de-
scribed real estate to the herein-
above mentioned grantees upon re-
ceipt of the purchase price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of
5ce of the Dubuque County Re.
order.
Passed, approved and adopted
this 12th day of April, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of Va-
cation and Sale of interest of a
portion of Inwood Ave. and Hawk -
eye Drive as shown on plat of
Lots 1-29 and Lot A Hawkeye Es-
tates, presented and read. No writ-
ten objections were filed and no
oral objectors were present in the
Council Chamber at the time set
for the hearing. Councilman Stack -
is moved that the proof of publi-
cation be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 13.76
An Ordinance vacating Inwood
Avenue and Hawkeye Drive as
shown in Plat of Lots 1 to 29,
inclusive, and Lot A in Hawk -
eye Estates in the City of Du-
buque, Iowa filed on May 29,
1973 as Instrument No. 4158-
1973 and as filed as Instrument
No. 5388.1975 on July 28, 1975
in the office of the Dubuque
County Recorder.
Said Ordinance having been pre-
viously presented and read at the
Council meeting of March 29, 1976,
presented for final adoption.
ORDINANCE NO. 13.76
ORDINANCE VACATING IN -
WOOD AVENUE AND HAWK.
EYE DRIVE AS Sl -TOWN IN PLAT
OF LOTS I to 29, Inclusive, AND
LOT A IN HAWKEYI: ESTATES
IN THE CITY OF DUBUQUE,
Special Session, April 12, 1976 171
IOWA FILED ON MAY 29, 1973
AS INSTRUMENT NO. 4158-1973
AND AS FILET) AS INSTRUMENT
NO. $388-1975 ON JULY 28, 1975
IN THE OFFICE OF THE DU-
BUQUE COUNTY RECORDER.
WHEREAS, a plat of Lot I to 29,
inclusive, and Lot A in Hawkeyc Es-
tates in the City of Dubuque, Iowa was
filed on May 29, 1973 in the office of
the Recorder in and for Dubuque Coun-
ty, Iowa as Instrument No. 4158-73 and
filed on July 28, 1971 in the office of
the Dubuque County Recorder as In-
strument No. $388-1975 designate and
show thereon the location of Inwood Ave-
nue and Hawkeye Drive; and
WHEREAS, the City of Dubuque, Iowa
adopted Resolution No. 128-73 which
was filed on May 29, 1973 in the office
of the Dubuque County Recorder as In-
strument No. 4159-73 and by virtue of
said Resolution the City Council of the
City of Dubuque, Iowa approved the plat
of Lots 1-29, inclusive, and Lot A all
in Hawkcye Estates in the City of Du-
buque, Iowa and did accept the dedica-
tion of Inwood Avenue and Hawkeye
Drive as shown in said plat; and
WHEREAS, that at the time of the
filing of said plat and the approval
thereof, the spouses of the then owners
did not join in said plat and, thereafter,
on July 28, 1975 said plat was refiled as
Instrument No. $388-1975 in the office
of Dubuque County Recorder on July
28, 1975 wherein the spouses of the own-
ers joined in the signing of the plat; and
WHEREAS, subsequent thereto, a pur-
ported correction plat was filed purport-
ing to correct a discrepancy in the lo-
cation of Inwood Avenue in relation to
the abutting lots and which purported
correction plat was challenged by opinion
Of examining attorney and upon which
it was determined and found that there
was a discrepancy in the location of
Inwood Avenue as relates to the platted
dimensions of the lots abutting thereon,
and that it would be necessary to vacate
the respective plats and to prepare and
file a new plat; and
WHEREAS, it is represented to the
City Council that the vacation of In-
wood Avenue and Hswkeye Drive is nec-
Mary in order to clear up the heretofore
existing and mentioned legal infirmities
in the platting procedures that the City
of Dubuque, Iowa should vacate Inwood
Avenue and Hawkeye Drive but that in
truth and in fact, the new plat of Lots
1-29, inclusive, and Lot A in Hawkeye
Estates in the City of Dubuque, Iowa
will rededicate Inwood Avenue and
Hawkeye Drive to the City of Dubuque,
Iowa; and
WHEREAS, the Planning and Zoning
Commission of the City of Dubuque,
Iowa has approved the vacation of In-
wood Avenue and Hawkeye Drive in
consideration of the rededication of In-
wood Avenue and Hawkeye Drive;
NOW THEREFORE BE IT OR.
DAINED by the City Council of the
City of Dubuque, Iowa:
SECTION 1. That Inwood Avenue and
Hawkeye Drive as shown on plat of lou
1-29, inclusive, and Lot A in Hawkeye
Estates in the City of Dubuque, Iowa
filed on May 29, 1973 as Instrument No.
4158-1973 and as filed as Instrument No.
$388-1975 on July 28, 1971 in the of-
fice of the Dubuque County Recorder
be and the same is hereby vacated.
SECTION 2. That the disposal of in-
temt and the conveyance by the City of
Dubuque, Iowa in and to Inwood Ata
nue and Hawkeye Drive all in the sub-
division known as "Hawkeye Estates"
in the City of Dubuque, Iowa to Bernard
F. Hefei and Adelene C. Hefei, husband
and wife, Lawrence T. Hefei and Alice
D. Hefei, husband and wife, and Du-
buque Savings and Loan Association for
the sum of One Dollar (;1.00) plus costs
of publication and that no abstract of
title will be furnished, is hereby ap-
proved.
SECTION 3. That the City Clerk be
and he is hereby directed to publish no-
tice of intent to dispose of interest in
said Inwood Avenue and Hawkeye Drive
to Bernard F. Hefei and Adelene C Hef-
el, husband and wife, Lawrence T. Hefei
and Alice D. Hefei, husband and wife
and Dubuque Savings and Loan Associa-
tion as is by law required.
Passed, approved and adopted this 12th
day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Janes E, Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 16th day of April
1976.
Leo F. Frommelt
City Clerk
It 4116
Councilman Stackis moved final
adoption of the Ordinance. Sea
onded by Councilman Wertgberaer.
Carried by the fallowing vote:
Yeas—Dfayor Lundh, Councilmen
Brady, Stackis, Tully, WwOberaer,
Nays—None.
RESOLUTION N0. 118.76
WHEREAS, pursuant to Resolu-
tion and published notice of time
and place of hearing, published in
the Telegraph -Herald, a newspaper wspa er
of general circulation Published
172 Special Session, April 12_1976
the City of Dubuque, Iowa on
April 1, 1976, the City Council of
the City of Dubuque, Iowa met
on the 12th day of April, 1976 at
7:30 o'clock P.M. (Central Stand-
ard Time) in the City Council
Chambers, City Hall, Dubuque,
Iowa to consider the proposal to
dispose of interest of the City of
Dubuque in and to that vacated
portion of Inwood Avenue and
Hawkeye Drive as shown on plat
of Lots 1-29, inclusive, and Lot A
In Hawkeye Estates in the City of
Dubuque, Iowa to Bernard F. Hefel
and Adelene C. Hefel, husband
and wife, Lawrence T. Hefel and
Alice D. Hefel, husband and wife,
and Dubuque Savings and Loan
Association; and
WHEREAS, the City Council of
the City of Dubuque, Iowa over-
ruled any and all objections, oral
or written, to the proposal to dis-
pose of interest of the City of Du-
buque, Iowa in the hereinafter de-
scribed real estate to Bernard F.
Hefel and Adelene C. Hefel, hus-
band and wife, Lawrence T. Hef-
el and Alice D. Hefel, and Du-
buque Savings and Loan Associa-
tion;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of the City of Dubuque,
Iowa of an interest in and to that
vacated portion of Inwood Avenue
and Hawkeye Drive as shown on
plat of Lots 1.29, inclusive, and
Lot A in Hawkeye Estates in the
City of Dubuque, Iowa to Bernard
F. Hefel and Adelene C. Hefel,
husband and wife, Lawrence T.
Hefel and Alice D. Hefel, husband
and wife, and Dubuque Savings
and Loan Association for the sum
of One Dollar ($1.00) plus costs
of publication and that no abstract
of title will be furnished be and
the same is hereby approved and
that conveyance shall be by Quit
Claim Deed.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized to execute said
deed of conveyance and the City
Clerk be and he is hereby directed
and authorized to deliver said
deed of conveyance of the above
described real estate to the here.
inabove mentioned grantees upon
receipt of the purchase price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of.
fice of the Dubuque County Re.
corder.
Passed, approved and adopted
this 12th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr,
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
March 19, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and 'Zoning Commission has re-
viewed the corrected final plat of
Lots 1 through 29 and Lot A in
"Hawkeye Estates: in the City of
Dubuque, Iowa.
The Commission has given
unanimous approval to the cor-
rected final plat, as submitted,
and recommends your favorable
consideration.
CITY OF DUBUQUE PLANNING
AND ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 119.76
Resolution approving the plat
of Lots 1-29, inclusive, and Lot
A in Hawkeye Estates in the
City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk of Dubuque,
Iowa a plat in which Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 and Lot 2 of Lot 1 of Lot 1
of Mineral Lot 324 in Dubuque
Special Session, April 12, 1976 173
Township, Dubuque County, Iowa
is platted as Lots 1-29, inclusive,
and Lot A in "Hawkeye Estates"
in the City of Dubuque, Iowa by
Bernard F. Hefel and Adelene C.
Hefel, his wife; Lawrence T. Hefel
and Alice D. Hefel, his wife; and
Dubuque Savings and Loan Asso-
ciation; and
WHEREAS, upon said plat ap-
pears streets to be known as
Hawkeye Drive. Inwood >>riv- and
also easements for public utilities
which the owners upon said plat
have dedicated to the public fore -
ever; and
WHEREAS, said plat has been
found by the City Council to con-
form to the Statutes and Ordi.
nances relating thereto except that
the streets have not been reduced
to grade nor has paving, sewer,
water or sidewalks been installed
therein;
NOW THEREFORE BE IT RE-
SOLVED by t1w City Council of
the City of Dubuque, Iowa:
Section 1. That the dedication
of Hawkeye Drive and Inwood Ave-
nue together with the easements
for public utilities all as the same
appears upon said plat be and
the same are hereby accepted and
that Hawkeye Drive and Inwood
Avenue be and are hereby estab-
lished as public streets in the City
of Dubuque, Iowa.
Section 2. That the plat of the
subdivision of Lot 1 of Lot 1 of
Lot 1 of the Subdivision of Lot 1
of Lot 1 of Lot 1 and Lot 2 of
Lot 1 of Lot 1 of Mineral Lot 324
in Dubuque Township, Dubuque,
Iowa and which will hereafter be
known as Lots 1-29, inclusive, and
Lot A in "Hawkeye Estates" in the
City of Dubuque, Iowa is hereby
approved and the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval
of the City of Dubuque upon said
Plat providing the owners of said
property herein -before named, exe-
cute written acceptance, hereto at-
tached, agreeing:
(a) To reduce Hawkeye Drive
and Inwood Avenue to grade as
shown by the profiles submitted
with the plat;
(b) To surface Hawkeye Drive
and Inwood Avenue a width of
thirty (30) feet with six (6") inch
Portland cement concrete pave-
ment with integral curb and gut-
ter or eight (8") inch rolled stone
base with two and one-half (2'h11)
inches bituminous concrete sur-
face. All the foregoing shall be
constructed according to the lat-
est City of Dubuque specifications;
(c) To install sidewalks upon
both sides of Hawkeye Drive and
Inwood Avenue in accordance
with the City of Dubuque's Stand-
ard Specifications for Permanent
Sidewalks;
(d) To install water mains in
accordance with plans submitted
with this plat;
(e) To install sanitary sewers in
accordance with plan submitted
with this plat;
(f) To install the sanitary sewer
and water house laterals to each
lot to a certain point behind the
property line;
(g) To construct the foregoing
improvements in accordance with
plans and specifications approved
by the City Manager and under
the inspection of the City Engi-
neer;
(h) To maintain all street im-
provements and sewer and water
mains for a period of four (4)
years from the date of the accept-
ance of said street improvements,
sewers and water mains;
(i) To provide the foregoing
construction and maintenance at
the expense of the owners and
further providing that the owners
of said subdivision secure the per-
formance of the foregoing condi-
tions by providing security in such
sums and with such sureties as
may be acceptable to the City
Manager which security has here-
tofore been furnished to the City
Manager by Lawrence T. Hefel
and Bernard F. Hefel and which
security is hereby approved, rati-
fied and confirmed.
Section 3. That the security hav-
ing heretofore been provided as
required by Section 3 of Resolu-
tion No. 128-73 filed in the Office
of the Dubuque County Recorder
on May 29, 1973 as Instrument
No. 4159-1973 passed by the City
Council of the City of Dubuque,
Iowa on the 16th day of April,
1973 and said security having
been approved by the City Man-
ager no new security is hereby re-
174 Special Session, April 12, 1976
quired of the owners of said prop-
erty.
Passed, approved and adopted
this 12th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE
OF
RESOLUTION NO. 119.76
Bernard F. Hefel and Adelene
C. Hefel, husband and wife, and
Lawrence T. Hefel and Alice D.
Hefel, husband and wife, having
read the terms and conditions of
the foregoing Resolution No. 119-
76 and being familiar with the
contents thereof, hereby accept
the same and agree to perform
the conditions therein required for
themselves and on behalf of Du-
buque Savings and Loan Associa-
tion which has acquired part own-
ership of the property of said sub-
division for purposes of clearing
the title and for p u poses of c. -
ing vacation of plats heretofore
filed.
Dated this 14th day of April,
1976.
Bernard F. Hefel
Adelene C. Hefel
Lawrence T. Hefel
Alice D. Hefel
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Marine Corps League
requesting permission to appear
before the Council for the purpose
of requesting funds for Dubuque
Detachment Marine Corps League
Color Guard to act as a represen-
tative group on "Iowa Day" in
Philadelphia, April 24, 1976, pre-
sented and read. Gary W. Horn,
Commandant of Marine Corps
League, addressed the Council
relative to petition. Mayor Lundh
moved that a Grant of $750,00 be
approved and taken out of the Bi-
centennial Fund. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Dennis Meyer re-
questing permission to ride in the
City on April 16th collecting mon.
ey, as part of a Pony Express Ride,
for the benefit of Crippled Chil-
dren of Camp Sunnyside in Des
Moines, presented and read. Coun-
cilman Tully moved that petition
be approved subject to coordina.
tion of the City Manager. Second.
ed by Councilman Brady. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Peoples Natpiral Gas
requesting permission to excavate
on Rhomberg Ave. near Marshall
Street to provide cathodic protec-
tion in accordance with DOT regu-
lations, presented and read. Coun-
cilman Tully moved that the re-
quest be granted. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Dubuque Transit
Trustee Board requesting permis-
sion to display a new bus in Town
Clock Plaza, possibly early June,
presented and read. Councilman
Wertzberger moved that the re-
quest be approved subject to final
approval of the City Manager. See-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Couneilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Sister Kenny Insti-
tute requesting permission to
con -duct their Kenny campaign during
the month of September, 1976, pre-
sented and read. Councilman
Stackis moved that the request be
approved subject to coordination
of the City Manager. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays.—Councilman Tully.
Special Session, April 12, 1976 175
RESOLUTION NO. 120.76
WHEREAS, there is presented
to the City Council of the City of
Dubuque, Iowa a proposed form
of Amendment to Lease by and
through its Board of Dock Com-
missioners, as Lessor, and Flynn
Ready -Mix Concrete Co., as Lessee,
amending the lease between the
parties dated September 19, 1976,
covering the real estate described
as:
"A tract of land in the south-
east one quarter of the north-
west one quarter, Section 19,
Township 89 North, Range 3
East of the 5th Principal Meri.
dian, situated at the easterly
end of 12th Street"
and which real estate is more par-
ticularly described in copy of said
Lease Amendment hereto attached,
marked Exhibit "A"; and
WHEREAS, the lease, dated Sep-
tember 19, 1975, with the excep-
tion of the change in description,
be ratified and confirmed which
original lease, among other things,
provides for an annual base ren-
tal of $10,391.67 for a period of
five (5) years and renewable at the
end of each five (5) year period
not to exceed four (4) renewable
Periods totalling twenty (20) years
by mutual agreement of the par-
ties and which Lease Amendment
should be set for public hearing;
and
WHEREAS, the Board of Dock
Commissioners of the City of Du-
buque, Iowa has approved said
proposed Lease Amendment,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the proposed
Lease Amendment by and between
the City of Dubuque, Iowa by and
through its Board of Dock Com-
missioners as Lessor and the
Flynn Ready -Mix Concrete Co. as
Lessee, a copy of which Lease
Amendment, marked Exhibit "A"
is hereto attached, should be set
down for public hearing in the
manner as provided by law.
Section 2. That the City Clerk
be and he is hereby directed to
Publish notice of time and place
Of hearing on said Lease Amend-
ment in a manner provided by
law.
Passed, approved and adopted
this 12th day of April, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution and that a
public hearing be held on the Res-
olution on May 3, 1976 at 7:30
o'clock P.M. in the Council Cham.
ber at the City Hall. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas -.—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None,
RESOLUTION NO. 121.76
WHEREAS, there is presented
to the City Council of the City of
Dubuque, Iowa a proposed form of
lease by and between the City of
Dubuque, Iowa by and through its
Board of Dock Commissioners, as
Lessor, and the Dubuque County
Conservation Society, as Lessees;
and
WHEREAS, it is proposed that
said Lessee lease two tracts of real
estate, described as follows:
Two tracts of land totalling
approximately thirty-five and
24/100ths (35.24) acres lying
in Area "C" in INDUSTRIAL
PARK, designated as "Du-
buque County Conservation
Society Lease" and "Dubuque
County Conservation Society
Lease No. 2," and including an
easement over and upon the
slopes immediately adjacent
thereto all as shown on the
Plat marked Exhibit "A" here-
to attached and made a part
hereof, subject to easement
granted to Interstate Power
Company for Transmission
Line as shown on said Plat
and pay therefor the sum of $1.00
per year for rental and that said
proposed Lease Agreement shall
be for a period of five (5) years
and renewable at the end of each
five (5) year period by mutual
agreement of the parties; and
176 Special Session, April 12, 1976
which should be set for public
hearing: and
WHEREAS, the Board of Dock
Commissioners of the City of Du.
buque, Iowa has approved said
proposed lease;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. Thatt the proposed
Lease Agreement by and between
the City of Dubuque, Iowa by and
through its Board of Dock Com-
missioners as Lessor and the Du-
buque County Conservation So-
ciety as Lessee, a copy of which
proposed Lease Agreement is here-
to attached, marked Exhibit "A"
should be set down for public
hearing in the manner provided
by law.
Section 2. That the City Clerk
be and he is hereby directed to
publish notice of time and place
of hearing on said Lease in a man-
ner provided by law.
Passed, approved and adopted
this 12th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution and that a
public hearing be held on the
Resolution on May 3, 1976 at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 1, 1976
To the Honorable Mayor
and City Council
This is to advise you that the
sanitary sewer extension con-
structed on the east side of John
F. Kennedy Road, a distance of
423.6 feet, has been substantially
completed in accordance with
plans and specifications by
Tschiggfrie Excavating of Du-
buque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
FINAL ESTIMATE
RESOLUTION NO. 122.76
WHEREAS, the contract for the
construction of John F. Kennedy
Road Sanitary Sewer Extension—
East Side—has been completed
and the City Engineer has sub-
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assessment and
plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$5,323.93.
That $5,131.69 of the cost there-
of shall be assessable upon private
property and $192.24 shall be paid
from the Sanitation Fund of the
City of Dubuque.
Passed, adopted and approved
this 12th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(A Resolution Accepting Improve-
ment and Directing the Clerk
to Publish Notice.)
RESOLUTION NO. 123.76
WHEREAS, the contract for the
construction of John F. Kennedy
Road Sanitary Sewer Extension—
East Side 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 specifi-
cations and recommends its ac-
ceptance, now therefore,
Special Session, April 12, 1976 177
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to as-
sessment for said improvement
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 ii.tention 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 sewer
bonds issued upon the above de-
scribed improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 12th day of April, 1976.
Approved:
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 124.76
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE 1T 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 PERMITS
St. Patrick's Church, 1425 Iowa
Street (Also Sunday Sales)
Dubuque Sports Unlimited, Inc.,
East 4th Street Ext. (Also Sunday
Sales)
Passed, adopted and approved
this 12th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 125.76
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
occupied by such applicants were
inspected and found to comply
with the Ordinances 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
St. Patrick's Church, 1425 Iowa
Street (Also Sunday Sales)
Dubuque Sports Unlimited, Inc.,
East 4th Street Ext. (Also Sun-
day Sales)
Passed, adopted and approved
this 12th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
178 Special Session, April 12 1976
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—MayorLundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
At 10:05 P.M. Mayor Lundh
moved to go into Executive Ses.
sion to discuss appointments to
various Boards and Commissions.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Council Reconvened in Regular
Session at 10:50 P.M.
Mayor Lundh announced the
following appointments:
Raymond Harris to the Civil
Service Commission, term expir-
ing 3.31-82; George W. Beaves to
the Rehabilitation Commission r -
placing Chris Reisch; Dick Friel,"
man reappointed to the Planning
& Zoning Commission, term ex-
piring 5-24.81; Robert C. Klein to
the Advisory Commission; Land
Tigges to the Youth Services;
Richard W. Kolck III reappointed
to the Police & Fire Retirement
Board, term expiring 4-1.80; Emil
"Mike" Stackis reappointed to the
Solid Waste Agency; Philip N.
Weber to the Advisory Commis-
sion; and Joyce J. Lynch to the
Community Development Commis-
sion representing the handicapped.
Councilman Wertzberger moved
ratification of the appointments.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
There being no further business,
Councilman Wertzberger moved to
adjourn. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
Special Session, April 19, 1976 179
CITY COUNCIL
OFFICIAL
Special Session, April 19, 1976.
Council met at 7:30 o'clock P.M.
(C.S.T.)
Present — Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gilbert
D. Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this Meeting
is called for the purpose of CON-
DUCTING A PUBLIC HEARING
TO AMEND THE ZONING ORDI-
NANCE ON VARIOUS AREAS IN
THE WASHINGTON STREET
NEIGHBORHOOD and acting upon
such other business as may prop-
erly come before a Regular Meet-
ing of the Council.
Mayor Lundh read and signed
the following proclamations—Pro-
claiming week of May 16th to 22nd
as "Insurance Women's Week" in
the City of Dubuque; Proclaiming
the period commencing now and
ending June 27, 1976 as "Bicen-
tennial Beard Growing Time" as
requested by the Noon Optimist
Club.
Communication of Dock Com-
mission submitting minutes of
their meetings of March 24th &
30th and April 7th, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of flank Waltz
submitting his resignation as a
member of the Community Devel-
opment Commission, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed and resignation
accepted wwith regret. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice from U. S. Environmen-
tal Protection Agency advising of
an application for modification of
an NPDES permit to discharge
boiler water into the waters of
U.S. by the Dubuque Packing Co.
which the agency proposes to mod-
ify, presented and read. Council.
man Stackis moved that the No-
tice be received and filed. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger,
Nays—None.
Communication of City of Sa-
vanna, Illinois, submitting a form
of resolution to support the re-
tention of the Savanna Army De-
port as an active ammunition
storage facility, soliciting Council
support, presented and read. Coun-
cilman Stackis moved that the
communication be received and
filed and resolution be approved.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Communication of Attorney
Charles A. Kintzinger, for Larry
& Diane Galliart, submitting an
offer for the purchase of Lot 4A
of M.L. 472 (located along Lin-
wood Cemetery—abutting School
Board property), presented and
read. Councilman Stackis moved
that the communication be re-
ferred to the City Manager. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Steven J.
Sprengelmeyer in response to
statements made at budget hear-
ing time concerning lack of need
for a Youth Services Department,
presented and read. Councilman
Stackis moved that the communi-
cation be received and filed and
referred to Council. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting a joint EPA State Sur-
vey of Dubuque's Water supply
along with recommendations that
the City must develop and coor-
180 Special Session, April 19, 1976
dinate cross -connection control
programs in accordance with pre-
vious discussion, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed and referred to
the City Manager. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Verbal request of the Beautifi-
cation Committee to submit a re-
port and requesting a project ap-
proval, presented for discussion.
Mayor Lundh moved to suspend
the rules to let anyone present ad-
dress the Council if they so de-
sire. Seconded by Councilman Tul-
ly. Caried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
C. Robert Justmann addressed
the Council on coming events. On
April 30th, the singout Fondulac
Group will be here, and a Garage
Sale will be held on May 1st &
2nd from 9:00 A.M. to 5:00 P.M.
He appealed for input from the
Council. Some of the Beautifica-
tion Projects he suggested were 1)
Beauitfy along floodwall, Build a
promenade plants, shrubbery, etc.,
2) Symbols of Dubuque, Pilasters
on parking ramp, Flag designs.
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of April
12, 1976, presented and read. Coun-
cilman Stackis moved that the min-
utes be received and filed. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque Air-
port Commission submitting min.
utes of their meetings of March
25th and April 8 & 15th, present-
ed and read. Councilman Stackis
moved that the minutes be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Consideration request by Mayor
Lundh for discussion of a possible
referendum to be held in Novem.
ber, along with the G, neral Elec-
tion,to provide an orderly progres.
sion to and for annexation, pre.
sented as requested. After Council
discussion, Mayor Lundh moved
that the request be referred to the
Planning & Zoning for study and
a report back in two weeks, also
arrange for a meeting with Town
of Asbury. Seconded by Council.
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 14, 1976
Honorable Mayor and
City Council
I am returning to you the peti.
tion of United Cerebral Palsy of
Dubuque for a Bike-a-Thon on
May 1st.
According to the attached letter
from Chief O'Brien, the petitioner
has cancelled the request.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 16, 1976
Honorable Mayor and
City Council
I herewith submit the reports of
the City Treasurer, Finance Di-
rector, Health Department, and a
list of claims paid, for the month
of March 1976.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 16, 1976
To the Honorable Mayor and
Members of the City Council
I have approved the following
continuation certificates of bond
and insurance and desire to have
your approval of same.
Special Session, April 19, 1976 181
SIDEWALK CONSTRUCTION
BOND
Cletus A. Nauman, Midwestern
Casualty & Surety Co., $1,000 to
5-29.77
J. W. Hansen Construction Co.,
Inc. Midwestern Casualty &
Surety Co. $1,000 to April 27,
1977.
GENERAL LIABILITY POLICY
Robert John Schulte, Hawkeye Se-
curity Insurance Co. Policy No.
Ga2-65 33 13 & HWCI 17 9646
to 4.23-77
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed and filing be approved.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Claim of Marcella
Kane, in an undetermined amount,
for personal injuries received on
a defective sidewalk at 1175 Cleve-
land Ave. on February 28th, pre-
sented and read. Councilman
Stackis moved that the notice of
claim be referred to the City So-
licitor for investigation and re-
port. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing, on rezoning of var-
ious properties in the Washington
Street area, presented and read.
Councilman Stackis moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
AN ORDINANCE amending and
changing Ordinance No. 32.75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa,,, so as to reclassify
hereinafter described properties
bounded on the north by East 14th
Street, on the west by White
Street, on the south by East 12th
Street and on the east by Wash.
ington Street from the C-4 Gen.
eral Commercial District to the
OR -1 Office -Residential District
Classification; and to further
amend Ordinance No. 32-75 by re-
classifying hereinafter described
properties bounded on the north
by East 14th Street, on the west
by Washington Street, on the south
by East 13th Street and on the
east by the alley lying between
Elm Street and the Railroad Tracks
from the 11-I Heavy Industrial
District to the OR -1 Office -Resi-
dential District Classification, said
Ordinance having been previously
presented and read at the Council
Meeting of March 29, 1976, pre-
sented for final adoption. Hank
Waltz and Bob Sawvell of the
Washington St. area addressed the
Council as being in favor of the
proposed rezoning. Mr. Waltz
showed some concern about a let-
ter that was sent to Council mem-
bers by the Planner. Attorney Mi-
chael King, representing residents
in the area, spoke as being against
the proposed rezoning stating this
is no comprehensive plan for the
area; Area has not developed;
Planning & Zoning has given a
"No" recommendation; Businesses
that are there, are not objection-
able; Present Businesses cannot ex-
pand; Effective buffer zone there
now. Councilman Brady moved
that the Ordinance be referred
back to Staff and they be instruct-
ed to prepare such an amendment
to protect the integrity of the
neighborhood and this Public
Hearing be adjourned to the
Council Meeting of May 17, 1976.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Tully.
Nays — Councilmen Stackis,
Wertzberger.
Petition of Dubuque Commun-
ity School District requesting va-
cation of 40' x 100' section of
Viola Street (near Jefferson Jr.
High School), presented and read.
Councilman Stackis moved that
the petition be referred to the
Planning 84 Zoning Commission
and the City Manager. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
182 Special Session, April 19, 1976
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Asbury Springs Ltd.
requesting permission to install
street lighting in Hillcrest Road in
Asbury Springs Subdivision No. 1,
presented and read. Councilman
Stackis moved that the petition be
referred to the City Manager and
Electrical Inspector for investiga-
tion and report. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Thomas Kramer et
al (1435 signatures) requesting re-
consideration for the increased
sponsor fees for softball teams in
the City, presented and read.
Charles Spielman and Harry Bemis
addressed the Council relative to
the petition, stating no true figures
on 86% increase in fees; question-
ing what happened to money on
sale of Rafferty Field and do Tour-
nament monies go into the Gen-
eral Fund. Councilman Stackis
moved that the petition be re-
ferred to Council and the Recrea-
tion Commission. Seconded by
Councilman Wertzberger. VOTE
ON THE MOTION WAS AS FOL-
LOWS:
Yeas—Councilman Stackis.
Nays — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
MOTION FAILED.
Councilman Brady moved that
the petition be received and filed
and the funding request be re-
ferred to the Recreation Commis-
sion. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
COUNCIL RECESSED AT 10:35 PM
RECONVENED AT 10:47 PM
Petition of Joseph A. Schumach.
er requesting a refund of $633.75
on unexpired portion of Class "C"
Beer & Liquor License No. C-6800,
discontinued business on March
22, 1976, presented and read. Coun.
cilman Brady moved that the re-
fund be approved and the City
Auditor directed to issue proper
warrant. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Council.
men Brady, Tully, Wertzberger.
Nays—None.
Absent—Councilman Stackis.
Petition of Dubuque Downtown
Ass'n. requesting permission to
conduct their annual garage sale
on May 22, 1976, within the Town
Clock Plaza, presented and read.
Mayor Lundh moved that the pe-
tition be approved subject to final
approval of the City Manager. Sec.
onded by Councilman Wertzberg-
er. 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
Pendency on Resolution of Neces-
sity for the reconstruction of Jack-
son Street from 22nd to Diamond
Street, presented and read. Coun-
cilman Lundh moved that the
proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Statement of City Clerk certify-
ing that notices of hearing were
mailed by certified mail on April
1, 1976, to property owners of rec-
ord for the reconstruction of Jack.
son Street from 22nd Street to
Diamond Street, presented and
read. Mayor Lundh moved that the
Statement 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 Mrs. Rosella
Foht of 2834 Jackson St. objecting
to the proposed resurfacing of
Jackson Street, presented and read.
Mayor Lundh moved that the com-
munication be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, April 19, 1976 183
Communication of Richard R. &
Eulalie Unsen objecting to the pro-
posed paving of Jackson Street,
presented and read. Mayor Lundh
moved that the communication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of William R.
Billington objecting to the pro-
posed pavement of Jackson Street.
presented and read. Mayor Lundh
moved that the communication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Ben Heim, 2508 Jackson St. and
Roy Sigwarth of 2409 Jackson
Street questioned the blacktop -
ping of Jackson Street.
(Necessity for Improvement)
RESOLUTION NO. 97-76
WHEREAS, proposed plans,
specifications, form of contract,
Plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The assessments limits.
2. The streets to be improved.
3. The width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to be as-
sessed together with a valua.
tion fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating
the same for each different
type of construction and kind
Of material to be used.
6. In each case the amount there.
Of which is estimated to be as-
sessed against each lot, for the
reconstruction of Jackson St.
from 22nd St. to Diamond St.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro.
Posed resolution have on file with
the City Clerk objections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis.
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the Road Use Tax
Funds. Bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as-
sessed to and paid by the railway
company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 29th day of March, 1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
19th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
184 Special Session, April 19, 1976
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Decision of Council upon objec-
tions to plans, specifications,
form of contract and cost of im-
provements.
RESOLUTION NO. 126.76
WHEREAS, proposed plans and
specifications and form of contract
for the reconstruction of Jackson
Street from 22nd Street to Dia-
mond Street have been approved
by the City Council of the City
of Dubuque and public notice giv-
en as provided by Section 384 of
the Code of Iowa, 1975, pertaining
to public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract
for or cost of such improvements,
said time being this 19th day of
April, 1976; and
WHEREAS, the City Council
met in special session this 19th
day of April, 1976, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHEREAS, all interested par-
ties have been given an opportun-
ity to be heard and all objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Passed, adopted and approved
this 19th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun.
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Ordering Construction)
RESOLUTION NO. 127.76
BE 1T RESOLVED by the City
Council of the City of Dubuque
that pursuant to a resolution of
necessity No. 97.76 which was duly
passed by this Council, for the re-
construction of Jackson Street
from 22nd Street to Diamond St.
be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property lying
within the assessable distance
from the improvements, whether
such property abut upon the same
or are adjacent thereto, according
to the area thereof and in propor-
tion to the special benefits con-
ferred, and any deficiency will be
paid out of the general or improve-
ment funds. Payment will be made
to the contractor out of Road Use
Tax Fund and Faus Funds. Bonds
may be issued in anticipation of
deferred payments of assessments
as provided by law after the work
has been completed and accepted
by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
Special Session, April 19, 1976 185
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 45 working days af-
ter notice to proceed is issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 19th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication from Police
Chief O'Brien requesting the send-
ing of two people to Des Moines
to study criminal investigation pro-
cedures and to participate in a
grant and seminar sponsored by
the Iowa Law Enforcement Agen-
cy, presented and read. Council.
man Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
MATCHING RESOLUTION
NO. 128.76
Whereas, the City of Dubuque of
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during the approved
project period cash funds for the
following Iowa Crime Commission
project:
Title of Project: Rape and Sex-
ual Assault Seminar. Amount of
Funds Being Provided $7.18.
Passed this 19th day of April,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 16, 1976
Honorable Mayor and
City Council
Attached are summary sheets
exhibiting proposed water rate
schedules and typical monthly bill-
ing under each of the proposed
schedules.
We are also submitting to you a
resolution which directs the City
Clerk to publish notice for a pub-
lic hearing on an ordinance for
the new water rates. Enclosed is
a copy of the ordinance that we
would suggest using for the pub-
lic hearing. Data on the rate
schedule will be incorporated into
the ordinance upon selection of
one of the rate schedules.
We would request the Council
to select a rate schedule for incor-
poration into the proposed ordi-
nance, and likewise approve the
resolution authorizing publication
for the public hearing.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 129.76
Resolution Directing the City
Clark to Publish Notice of Pub-
lic Hearing on Ordinance for
New Water Rates.
WHEREAS, Ordinance No. 64-
68, adopted October 28, 1968, pres-
186 Special Session, April 19, 1976
ently fixes and establishes rates
to be charged for the furnishing
of water for residential, commer-
cial and industrial residents and
other uses and purposes within
and without the City of Dubuque,
Iowa; and
WHEREAS, the City is proposing
expansion of water treatment fa-
cilities at the present treatment
plant and construction of sludge
removal and handling facilities;
and
WHEREAS, it will be necessary
for the City to sell revenue bonds
for financing expansion of the wa-
ter treatment facility and construc-
tion of the sludge removal and
handling facilities; and
WHEREAS, there will be in-
creased operating costs resulting
from the addition to the water
treatment facility and operation of
the sludge removal and handling
facilities; and
WHEREAS, it is necessary for
the City to adjust its water rate
structure in order to generate ade-
quate revenue to finance the in-
creased operating costs and debt
service.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa that on
the 3rd day of May, 1976, a public
hearing will be held at 7:30 o'clock
P.M. C.D.T. in the Council Cham-
ber in the City of Dubuque and
that the City Clerk be and he is
hereby directed to cause the no.
tice of the time and place of said
hearing, to be published in the
Telegraph Herald in the City of
Dubuque. At that time the public
may appear and make statements
relative to the proposed ordinance
establishing a new water rate
schedule for the City of Dubuque,
Iowa.
Passed, approved and adopted
this 19th day of April, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 13076
WHEREAS, the City of Dubuque,
Iowa has been negotiating with
the Dubuque Metropolitan Area
Solid Waste Agency relating to
the terms and provisions of a
Solid Waste Service Agreement;
and
WHEREAS, the terms and pro-
visions of said Agreement have
been reduced to writing, a copy
of which, marked Exhibit "A", is
hereto attached and by reference
made a part hereof; and
WHEREAS, said proposed Ser-
vice Agreement, marked Exhibit
"A" should be approved by the
City Council of the City of Du-
buque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Service
Agreement, marked Exhibit "A",
by and between the City of Du-
buque, Iowa and the Dubuque Met-
ropolitan Area, Solid Waste Agen-
cy be and the same is hereby ap-
proved.
Section 2. That the Mayor of
the City of Dubuque, Iowa be and
he is hereby authorized and em-
powered to execute said Agree-
ment for and on behalf of the
City of Dubuque, Iowa.
Section 3. That the City Clerk
be and he is hereby directed to
transmit an executed copy of said
Agreement together with certified
copy of the Resolution to the
Dubuque Metropolitan Area Solid
Waste Agency, in care of R. N.
Russo, attorney-at-law, 236 Fischer
Building, Dubuque, Iowa, 52001.
Section 4. This Resolution re-
peals any and all prior Resolutions
in conflict herewith and in par-
ticular is intended to repeal the
respective Resolution adopted by
the City Council of the City of Du-
buque, Iowa, on the 2nd day of
February, 1976, and adopted on
the 22nd day of March, 1976, and
that the Service Agreement and
Amendment thereto, heretofore
adopted, be and the same are
Special Session, April 19, 1976 187
hereby canceled and held for
naught.
Passed, approved and adopted
this 19th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
(See Special File for copy
of Agreement)
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 131-76
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 "C" BEER PERMIT
Carl A. Van Duelman, Van's Food
Market, 590 Clarke Drive
Passed, adopted and approved
this 19th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest: Councilmen
Leo F. Frommelt
City Clerk
Councilman Tully moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
RESOLUTION NO. 132.76
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
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit,
CLASS "C" BEER PERMIT
Carl A. Van Duelman, Van's Food
Market, 590 Clarke Drive
Passed, adopted and approved
this 19th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 133.76
WHEREAS, applications for Liq-
uor 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 ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Knights of Columbus, Council #510
781 Locust Street (Also Sunday
Sales)
188 Special Session, April 19, 1976
Passed, adopted and approved
this 19th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 134.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of
this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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
Dubuque, Iowa, that the Manage
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) /
BEER AND LIQUOR LICENSE
Knights of Columbus, Council #510
781 Locust Street (Also Sunday
Sales)
Passed, adopted and approved
this 19th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car.
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Tully stated that
the matter of the fence in the al.
ley off Althauser Street seems to
be amicably settled providing cer.
tain conditions as worked out by
Councilmen are complied with and
moved concurrence. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
There being no further business,
Councilman Tully moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Councilmen
Approved August 16, 1976
Adopted August 16, 1976
Special Session, April 23, 1976 189
CITY COUNCIL
OFFICIAL
Special Session, April 23, 1976.
Council met at 4:15 P.M. (C.S.T.)
Present — Mayor Lundh, Coun.
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gilbert
D. Chaveneile.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of
ADOPTING A RESOLUTION AU-
THORIZING THE ISSUANCE OF
$1,700,000. SOLID WASTE DIS-
POSAL REVENUE BONDS OF
THE DUBUQUE METROPOLITAN
AREA SOLID WASTE AGENCY,
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
RESOLUTION NO. 135.76
RESOLUTION authorizing the
issuance of $1,700,000 Solid
Waste Disposal Revenue Bonds
of the Dubuque Metropolitan
Area Solid Waste Agency.
WHEREAS the City of Dubuque,
Iowa and Dubuque County, Iowa,
have heretofore entered into an
Intergovernmental Agreement pur-
suant to the provisions of Chapter
28E of the Code of Iowa, 1975, as
amended, for the purpose of cre-
ating the Dubuque Metropolitan
Solid Waste Agency; and
WHEREAS the Agency was cre-
ated for the purpose of providing
the City and the County with the
economic transport, processing
and disposal of solid waste pro-
duced or generated within the
City and the County; and
WHEREAS in order to pay the
cost of the Sanitary Landfill Site,
necessary improvements thereto
and equipment therefor, the Agen-
cy Board has determined that it
is necessary to authorize and is.
sue $1,700,000 Solid Waste Dispos-
al Revenue Bonds of that Agency,
such bonds to be payable solely
and only from rates, fees and
charges to be paid by the City
and the County to the Agency for
solid waste disposal services, funds
for which are to be derived from
rates and charges imposed and
collected by the City and the
County and payable by residents,
property owners and businesses
for solid waste disposal services
made available within the corpo.
rate limits of the City and the
County; and
WHEREAS under the provisions
of Section 28F.3 of the Code of
Iowa, 1975, as amended, the power
of the Agency to issue said reve-
nue bonds may not be exercised
until authorized by a resolution
or ordinance duly adopted by each
of the public agencies participat-
ing in the Intergovernmental
Agreement and there has been
presented to this City Council a
resolution entitled "A Resolution
authorizing the issuance of $1,700,-
000 Solid Waste Disposal Revenue
Bonds of the Dubuque Metropoli-
tan Area Solid Waste Agency,"
which the Agency Board will adopt
at the time and place fixed for the
hearing on the issuance of these
bonds;
NOW, THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, as follows:
Section 1. That the proposed res-
olution to be adopted by the Agen-
cy Board of the Dubuque Metro-
politan Area Solid Waste Agency
referred to in the preamble hereof
and entitled "A Resolution author-
izing the issuance of $1,700,000
Solid Waste Disposal Revenue
Bonds of the Dubuque Metropoli-
tan Area Solid Waste Agency" be
and the same is hereby approved
in all respects.
Section 2. That the City Council
of the City of Dubuque, Iowa, here-
by authorizes the issuance of the
aforesaid bonds by the Agency
Board of the Dubuque Metropoli-
tan Area Solid Waste Agency.
Section 3. That all resolutions
or parts thereof in conflict here-
with be and the same are hereby
repealed and that this resolution
become effective immediately up-
on passage and approval.
Passed and approved April 23,
1976.
Alvin E. Lundh
Mayor
Emil Stackis
James E. Brady
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Recorded April 23, 1978.
Leo F. Frommelt
City Clerk
190 Special Session, April 23, 1976
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays ---None.
At 4:20 P.M. Councilman Brady
moved to go into Executive Ses-
sion to discuss Personalities. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Council reconvened in Regular
Session at 4:48 P.M.—No State.
ments,
There being no further business,
Councilman Wertzberger moved to
adjourn. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved ,AugUS t 1
U P-' 1:
Councilmen
3 City elk.
Approved August 16, 1976
Adopted August 16, 1976
Special Session, April 26, 1976
CITY COUNCIL
OFFICIAL
Special Session, April 26, 1976.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Lundh, Coun.
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gilbert
D. Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the PURPOSE OF
ACTING UPON SUCH BUSINESS
AS MAY PROPERLY COME BE-
FORE THE MEETING.
RESOLUTION NO. 136-76
COMMENDING THERMOLYNE
CORPORATION
WHEREAS, The Thermolyne
Corporation, a division of Sybron
Corporation, has been engaged in
manufacturing in Dubuque, Iowa
since 1943, and has steadily ex-
panded their plant and product
diversification, resulting in in-
creased job opportunities of the
highest caliber for this City, and
WHEREAS, The President of
the United States, has seen fit to
award the "E" for Excellence in
Exporting to this company, which
is the first award of its kind to be
offered in peace time to a Du-
buque industry, and
WHEREAS, This award will
bring added distinction to Thermo-
lyne and its employees, and the
citizens of Dubuque, as Thermo-
lyne products are shipped to all
parts of the world,
THEREFORE BE IT RESOLVED
THAT THE CITY COUNCIL OF
DUBUQUE, IOWA, publicly and
by passage of this resolution, does
hereby commend and congratulate
the management and work force
Of the Thermolyne Corporation
for their efforts in winning the
"E" award which has brought na-
tional acclaim to this City.
Signed this 26th day of April
1976, by the Mayor and members
of the City Council meeting this
day in the Council Chambers, City
Hall, Dubuque, Iowa.
191
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car.
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of See -Hear Inc.
requesting Mayor Lundh to pro-
claim the month of May as "Better
Speech and Hearing Month," pre-
sented and read. Councilman Stack -
is moved that the communication
be received and filed and month
of May so proclaimed. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of James Mullen,
representing the Zoo Committee,
submitting a report on the prog-
ress of the Children's Zoo in F.D.R.
Park, presented and read. Coun-
cilman Wertzberger moved to sus-
pend the rules to let anyone pres-
ent address the Council if they
so desire. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
James Mullen, Dr. John Quinlan,
and Dick Kramer addressed the
Council relative to the communi-
cation. They stated July 4, 1976 as
proposed opening date of the zoo;
$9,000 to $10,000 per year needed
to operate zoo; and submitted a
verbal petition to conduct a fund
drive for the week of May 9th and
requested a permit be issued.
Councilman Brady moved that the
report submitted by James Mullen
be received and filed and the
Fund Drive be approved and per.
mit issued. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
192 Special Session, April 26, 1976
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of The Chil-
dren's Zoo Committee requesting
Mayor Lundh to proclaim the
week of May 9th as "Support the
Dubuque Children's Zoo Week,"
presented and read. Councilman
Wertzberger moved that the com-
munication be received and filed
and proclamation approved. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Antonia Rus-
so, Director of Animal Protection
League of Johnson County, object-
ing to the initiation of a petting
zoo in the community, for reason
of lack of funds; negative exper-
ience for a child; concern for the
needs of the animals themselves,
presented and read. Councilman
Tully moved that the communica-
tion be received and filed. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Human Rights
Commission submitting minutes of
their meeting of April 8, 1976, pre-
sented and read. Councilman
Wertzberger moved that the min-
utes be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Fred C. Kue-
per objecting to the handling of
a fire call on March 19, 1976 at
492 Kaufmann Ave., presented
and read. Councilman Wertzberger
moved that the communication be
received and filed and Fire De-
partment commended on the han-
dling of this matter. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque
Transit Trustee Board submitting
minutes of their meetings of
April 8th and 15th, 1976, presented
and read. Councilman Stackis
moved that the minutes be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
April 13th, 1976, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
Communication of Housing Com-
mission submitting minutes of
their meeting of April 20, 1976,
presented and read. Councilman
Stackis moved that the minutes
be received and filed. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of April
21, 1976, presented and read.
Councilman Stackis 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.
April 23, 1976
Honorable Mayor and
City Council
I am returning the petition of
David J. Powers for street lights
along Hillcrest Road Extension, in
Asbury Springs Subdivision No. 1.
The area has been investigated
by the electrical inspector and it
is recommended that three 175
watt mercury vapor type fixtures
be installed on the developer's
metal standards at the following
locations:
On south side of Hillcrest
Road, at the center line of in-
tersection with Judson Drive,
adjacent to catch basin.
Special Session, April 26, 1976 193
2. On south side of Hillcrest Road,
fifty-five feet west of property
line of Lot 2.1-1-1.
3. On south side of Hillcrest Road,
two hundred and fifty feet east
of #F2 light location.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the request be approved. Seconded
by Councilman Wertzberger. Car.
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
April 22, 1976
Honorable Mayor and
Members of the City Council
I have approved the following
sidewalk construction continuation
ceritficate of insurance and desire
to have your approval of same.
Edward Apel, Midwestern Cas.
ualty & Surety Co. $1,000 Bond
No. 29418 ending on April 29,
1977.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and filing be approved.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 20, 1976
Honorable Mayor and
City Council
I herewith submit the report of
the Water Superintendent for the
month of March, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Notice of Claim of American
Trust & Savings Bank as Trustee
for Clem McGuire Trust, in the
amount of $969, for damage to
building at 120 W. 4th St. as the
result of being driven into by a
City owned truck on March 4,
1976, presented and read. Council-
man Stackis moved that the Notice
of Claim be referred to the City
Attorney for investigation and re-
port. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Honorable Mayor & April 19, 1976
City Councilmen
Re: Claim No. 94001891
Claimant Rolan Rutledge
2190 Green Street
Loss Date 2-26.76
On March 2, 1976, claim for
damages in an unstated amount,
was filed against the City of Du-
buque by Mrs. Rolan Rutledge
claiming damages to her bathroom
on February 26, 1976, as the re-
sult of the City crew cleaning the
sewer.
This matter was referred to the
appropriate City Agency who has
made an investigation of said mat-
ter and has notified the City At-
torney's office by letter dated 4-14-
76
.1476 that said matter has been amic-
ably settled. Accordingly it is the
recommendation of the City At-
torney's office that the claim of
Mrs. Rutledge be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Stackis moved that
the communication be received
and filed and recommendation of
denial be approved. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 22, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition of
Mr. Robert Defendi to reclassify
Lots 14, 15, 16, 17 and 18 in Jae-
ger's Subdivision in the City of
Dubuque, Iowa from R-3 Residen-
tial District to L•1 Light Indus-
trial District classification. The
property lies one-half block east
of Garfield Avenue, north of and
194 Special Session, Apri] 26, 1976
under the Fengler Street overpass
and abuts property on Industrial
Island. The Commission received
a petition, hereto attached, bearing
the signatures of 6 owners of prop-
erty abutting the subject property,
stating that they have no objection
to the reclassification request.
The Commission has found that
because of the topography of the
area and the proximity of the sub-
ject property to the railroad right-
of-way that the L-1 Light Indus-
trial District designation would be
more appropriate than the present
residential classification. The City
Planning and Zoning Commission
recommends your favorable con-
sideration of the Defendi petition.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa," so as to reclassify
hereinafter described portions of
Lots 14, 15, 16, 17 and 18 in Jae-
ger's Subdivision from the R-3
Residential District Classification
to the Irl Light Industrial District
Classification, presented and read.
Councilman Stackis moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger
Nays—None.
Councilman Stackis moved that
I public hearing be held on the
Drdinance on May 17, 1976, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Ball and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 14-76
An Ordinance authorizing George
Loeffelholz to construct a chain
link fence,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman 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 dis-
pensed with. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 14.76
AN ORDINANCE AUTHORIZ-
ING George Loeffelholz TO CON-
STRUCT a chain link fence.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
SECTION 1. That George Locffelholz
as owner of the premises known as 118
Ham's Addition at 2388 Lincoln in the
City of Dubuque, Iowa be, and they
are hereby granted the revocable permit
and authority to construct and maintain
a chain link fence 8.5 feet from property
line on Hawthorne Street under the
terms and conditions set forth in this
Ordinance.
SECTION 2. That such construction
shall be done in accordance with Plans
heretofore submitted by permittees and
approved by City Manager, under the su-
pervision and direction of the City u -
ager, and in accordance with all ap-
plicable state and federal laws and regu-
lations, and the Ordinances of the City
of Dubuque.
Special Session, April 26, 1976 195
SECTION S. That the permission here-
in granted is expressly conditioned on
permittees agreement to:
a) Aesume any and all liability for
damages to persons or property
which may result from the exist-
ence, location, installation, construc-
tion or maintenance of said chain
link fence;
b) To pay on behalf of the City of
Dubuque all sums which the City
of Dubuque shall become obligated
to p- by reason of the liability
imposed upon the City of Dubuque
for damages of any kind resulting
from the location, installation, ex-
istence, construction or mainte-
nance of said chain link fence, sus-
tained by any person or persons,
caused by accident or otherwise, to
defend at its own expense and on
behalf of said City any claim
against the City of Dubuque aris-
ing out of the location, installation,
existence, construction or mainte-
nance of chain link fence and to
pay reasonable attorney fees there.
for:
c) To indemnify and hold City of Du-
buque free and harmless from any
and all claims, loss, liability and ex-
pense for injuries to third persons
or damages to property of third
persons, or for damage to any prop-
erty of City of Dubuque which
may occur as a result of or in con-
nection with the location, installa-
tion, construction, maintenance and
repair of the facilities, work or im-
provement permitted herein.
SECTION 4. That the permission here-
in granted is expressly conditioned upon
permittees further agreement that should
the right and privilege herein granted be
rescinded or revoked by the City Coun-
cil, permittees, or their successors in in-
terest, as owners of the abutting prop-
ertv, shall within ten (10) days after
receipt of written notice from the City
Manager, so to do, at their own expense,
remove said chain link fence, and in the
event of their failure so to do, the City
of Dubuuque shall be authorized to re-
move said chain link fence, at permittees
expense and dispose of the same, and the
permittees shall have no claim against the
City or its agents for damages resulting
from the removal of said chain link
fence.
SECTION S. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approval
of the design, erection, location, con-
struction, repair or maintenance of said
facility and said permittee hereby cove-
nants and agrees not to assert such claim
or defense against the City of Dubuque
in the event of claim asserted for per-
sonal injuries and/or property damage
against the permittee arising out of or
11 any way connected with the location,
installation, construction, design, repair
and maintenance of the facility herein
permitted.
SECTION 6. This Ordinance shall be-
come effective and the rights hereunder
accrue to George Loeffelholz when this
Ordinance has been adopted by the City
Council and the terms and conditions
thereof accepted by permittees by accept-
ance endorsed on this Ordinance.
Passed, approved and adopted this 26th
day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 14-76
The undersigned having read and being
familiar with the terms and conditions
of Ordinance No. 14-76 hereby, for him-
self, his successors or assigns, as owners
of the abutting property, accept the same
and agree to be bound by the conditions
and agreements therein contained to be
performed by permittees.
Dated 4-27-76
BY: George F. Loeffelholz
Property Owner
Published officially in the Telegraph
Herald newspaper this 29th day of April
1976.
Leo F. Frommelt
City Clerk
1t. 4/29
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Petition of Mrs. R. J. Kiefer,
2260 White Street, et al (33 sig-
natures) requesting consideration
for the installation of lighting be-
tween 22nd and 24th Streets on
White Street, presented and read.
Councilman Brady moved that the
petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Kenneth J. Palm re-
questing permission to excavate
on Grandview Avenue, two lots
196 Special Session, April 26, 1976
from Kaufmann to Kane, presented
and read. Councilman Tully moved
that the request be approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Gene Potts et al
(1539 signatures) requesting land
acquisition planning and tion of the needed playground
fa-
cilities in the western area of the
City, presented and read.
Gene Potts of 3285 Theda Drive
spoke to the Council relative to
the petition requesting Council
give some attention to the pro
curement of land in the area.
Councilman Wertzberger moved
that the petition be received and
filed and referred to the City Plan-
ner for a report back to Council
and City Planner be directed to
coordinate with the Park Board
and Recreation Department at the
outset. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Colt .45 Drum & Bu-
gle Corps requesting an appro-
priation of Special Project Monies
to be used for expenses to com-
pete in the Bicentennial Drum
Corps International Contest in
Philadelphia, presented and read.
Mrs. Daniel Miller and Don Bue-
low addressed the Council request-
ing monies in the amount of $1,000
to $1,500 to enable the Corps to
make the trip. Councilman Stackis
moved that the petition be re-
ferred to the Bicentennial Commit.
tee for them to take a hard look
at the request. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Richard Henschel et
ux requesting annexation of 0.60
acres of real estate and made a
part of Lot 2 of Henschel's Black
Forest Table Mound Township,
presented and read. Councilman
Stackis moved that the request be
referred to the Planning & Zoning
Commission. Seconded by Council.
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
A Resolution annexing approval
of Lot 2 of Henschel's Black For-
est in Table Mound Township, pre.
sented and read. Councilman
Stackis moved that the resolution
be referred to the Planning & Zon.
ing Commission. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 22, 1976
Honorable Mayor and Members
of City Council
The Omaha Area Office of the
U.S. Department of Housing and
Urban Development has advised
that the recently submitted Com-
munity Block Grant Application
and the Annual Performance Re.
port have been accepted by their
office for processing.
The regulations pertinent to the
block grant program require that
the community be advised of the
submission of the application to
the Federal government and the
availability of the application for
inspection.
The attached resolution author-
izes publication of the appropriate
public notice.
Gent M. Wittenberg
Director
Mayor Lundh moved that the
communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 137.76
Authorizing Publication of No*
tice of availability for public
inspection certain Community
Development Block Grant Docu-
ments.
WHEREAS, under date of April
16, the second year Community
Development Block Grant applica-
tion and the Annual Performance
Report were accepted by the U.S.
Department of Housing and Urban
Development for processing; and
WHEREAS, Section 570.300 (b)
of the Community Development
Block Grant Program requires
that reasonable effort shall be
Special Session, April 26, 1976 197
made to inform citizens involved
in or affected by the local Com-
munity Development Program that
the application has been submitted
and is available to interested par-
ties upon request; and
WHEREAS, Section 570.906 (c)
requires that there be public no-
tice of the availability of the An-
nual Performance Report for in-
spection by the public; now there-
for:
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. Be it resolved that the
City Clerk be and he is hereby
authorized and directed to publish
in the Dubuque Telegraph Herald,
a newspaper of general circulation
wtihin the City, public notice in
the form of Exhibit A attached
hereto and made a part hereof.
Passed, adopted and approved
this 26th day of April, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to Title I of the Hous-
ing and Community Development
Act of 1974, the City of Dubuque
submitted an application for a
Community Development Block
Grant and an Annual Performance
Report to the U.S. Department of
Housing and Urban Development.
Both the application and the re.
Port were accepted for processing
by the Federal government on
April 16, 1976.
A copy of the application for the
Community Development Block
Grant and a copy of the Annual
Performance Report are on file in
the office of the City Clerk, City
Hall, Dubuque, Iowa and in the
Office of the Department of Com-
munity Development, 480 Fischer
Building, Dubuque, Iowa. Both the
application and the report are
available for inspection by all in-
terested parties Monday through
Friday between the hours of 8:00
AM to 5:00 PM, Saturdays, Sun-
days and holidays excluded.
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 138.76
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
Herbert F. Bisping, City Tavern,
1401 Elm St.
Passed, adopted and approved
this 26th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 139-76
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
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
198 Special Session, April 26, 1976
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Herbert F. Bisping, City Tavern,
1401 Elm Street
Passed, adopted and approved
this 26th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 140-76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and Licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Raymond Ney, Ray's Tap, 2186
Central Ave.
Dorothy Rose Hentges, Do -Drop -In,
2412 Central Ave.
Lona's Inc., 620 E. 16th Street
(Also Sunday Sales)
Passed, adopted and approved
this 26th day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 141-76
WHEREAS, applications for Liq.
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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
Raymond Ney, RAY'S TAP, 2186
Central Ave.
Dorothy Rose Hentges, Do -Drop -In,
2412 Central Ave.
Lona's Inc., 620 E. 16th St. (Also
Sunday Sales)
Passed, adopted and approved
this 26111 day of April 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
die following vole:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, 'fully, Wertzberger.
Nays—None.
A discussion was held relative
to the proposed Cedar Cross Road.
City Planner Dittemore and Frank
Scherkow addressed the Council
and both were of the opinion that
the City and County get together
and pin down the alignment of the
Cedar Cross Road. Also whether
Special Session, April 26, 1976 199
or not it should be two lane or
four lane to be in agreement with
the present proposed developer.
If a two lane facility would be
used the curb cuts should be strict-
ly limited.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16 , 1976
Adopted August 16, 1976
Councilmen
:At ...............................................
Ciy Clerk
Regular Session, May 3, 1976 201
CITY COUNCIL
OFFICIAL.
Regular Session, May 3, 1976.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gilbert
D. Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY MEETING
of the Council called for the pur-
pose of acting upon such business
as may properly come before the
Meeting.
The following proclamations
were signed by Mayor Lundh and
approved: Week of May 9th thru
15th as "Foster Children Week";
Week of May 9th to 15th as "His-
toric Preservation Week;" Week
of May 10th to 16th as "National
Salvation Army Week": Months of
May thru August as "Job For Stu-
dents Months"; and Week of May
9th to 15th as "Small Business
Week."
Proof of Publication, certified to
by the Publisher, of ,List of Re-
ceipts and Expenditures, also list
of claims paid for the month of
March, 1976, presented and read.
Councilman Tully moved that the
proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 21, 1976
Honorable Mayor and Members
of the City Council
In accordance with the provi-
sions of Chapter 400 of the 1975
Code of Iowa, the Civil Service
Commission is hereby submitting a
second list of persons eligible for
BUS OPERATOR positions. The
following persons were tested on
July 29, 1975, constituting a sec-
ond list, because the first list of
ten submitted at the Council
meeting of August 11, 1975 has
been exhausted.
NAME
Sodawasser, Russell L . ............80%
Chapman, David J . ..................80%
Lynn, William J . ......................80%
Kueter, Stanley W . ..................78%
Adrian, Lawrence J . ................74%
Heber, David J . ........................74%
Frey, Glen J . ............................70%
Locher, James A .......................70%
Miller, David M . ......................70%a
Sr. Carolyn Farrell
Chairperson
Raymond E. Harris
John E. Hess
Commissioners
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 27th day of April 1976.
Z. D. Hantelmann
Councilman Wertzberger moved
that the communication be re-
ceived and filed and made a mat-
ter of record. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Rehabilitation
Commission submitting minutes of
their meeting of April 27, 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 Community
Development Coordinator advising
that arrangements have been made
to utilize land at the Municipal
Airport for a practice field for the
Colt .45 organization, presented
and read. Councilman Wertzberger
moved that the communication be
received and filed and Commission
commended for assistance. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Advisory
Commission submitting recommen-
dations relative to the Uniform
Pricing Code, presented and read.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if
they so desired. Seconded by Coun-
cilman Tully. Carried by the fol-
lowing vote:
202 Regular Session, May 3, 1976
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Alan Spensley and Howard Ha-
gen of the Advisory Commission,
spoke relative to the communica-
tion.
Councilman Stackis moved that
the communication of Advisory
Commission be received and filed
and referred to Council for a work
session to be held on May 12, 1976,
at 7:30 o'clock P.M. in the Council
Chambers at City Hall. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Consumer Affairs
Committee, Local 94 UAW (3135
signatures) requesting appropriate
legislation be enacted requiring
individual pricing in Arabic nu-
merals on all retail commodities
offered for sale in outlets using
scanner systems, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed and referred to
Council for a work session to be
held on May 12, 1976, at 7:30
o'clock P.M. in the Council Cham-
bers at City Hall. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque Ad-
visory Commission submitting min-
utes of their meetings of March
23rd and April 27th, presented
and read. Councilman Stackis
moved that the minutes be re-
ceived and filed. Seconded by Ma-
yor Lundh. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Donald E.
Deich Sr., as Chairman of Codes
and Ordinance Committee on the
subject of gun control, along with
A copy of Citizens Advisory Com-
mission minutes of meeting of
April 6th, presented and read.
Don Deich addressed the Council
relative to the communication.
Councilman Stackis moved that
the communication be received
and filed and referred to Council.
Seconded by Mayor Lundh. Car-
ried by the following vote;
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Iowa Sportsmen Fed-
eration Inc. (193 signers) urging
the Council to refrain from pass.
ing any additional legislation on
existing State and Federal gun
control laws, presented and read.
Councilman Stackis moved that
the petition be received and filed
and referred to Council. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Police Chief
O'Brien requesting an opportunity
for Mr. Franklin Presley to appear
for a hearing on his liquor license
at the Broken Spur Tavern, due to
the fact that he has departed
from the community, and if he
fails to appear the license to be
revoked by the Council, presented
and read. Councilman Wertzberg-
er moved that the Public Hearing
be set for May 17, 1976 at 7:30
o'clock in the Council Chambers
at City Hall. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 28, 1976
Honorable Mayor
and City Council
I am returning to you the peti-
tion of James and Barbara Aird
for the purchase of an undevel-
oped section of Burden Street. I
recommend that the petition be
denied.
In support of this recommenda-
tion, I submit a copy of a letter
from the City Engineer in which
he explains that the Burden Street
section is an access way to a large
undeveloped area and consequent-
ly the right of way should be re-
tained.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and recommendation of
denial be approved. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Councilmen Brady, Stack -
is, Tully, Wertzberger.
Nays—None.
Abstain—Mayor Lundh.
Regular Session, May 3, 1976 203
April 28, 1976
Honorable Mayor
and City Council
I am returning to you Mrs. Kief-
er's letter and the petition for
street lights on White Street be-
tween 22nd and 24th.
The electrical inspector has rec-
ommended placing two 4,000 lu.
men incandescent fixtures at the
property line of 2243 and 2345. A
copy of his letter is attached.
The recommendation for the in-
candescent lamp installation Is
made so that the color of the lights
will blend with the existing lights,
and further a two light installa-
tion is recommended because we
are not now prepared to rebuild
the lighting in the entire area.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed and recommendation be
approved. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 29, 1976
Honorable Mayor
and City Council
I am returning to you Mayor
Lundh's written request to discuss
an ordinance requiring a certified
survey plat for improvements on
all properties as a condition of an
occupancy permit. You recall that
the purpose of the proposal was
to eliminate or decrease the possi-
bility of a building being construct-
ed in error so as to extend beyond
the property line. This matter was
referred to the Building Code
Board of Appeals.
The Board did meet and has in.
dicated that we continue with our
present procedure and improve it.
The Board report is contained in
the attached letter from Mr. Fey -
en, dated April 12th.
By way of explanation may I
expand on the Board's report.
I. A land survey by a registered
land surveyor is required to es-
tablish property lines. It is not a
requirement that a registered
land surveyor or engineer locate
a building on a plot of land.
2. City building inspectors check
all building locations. Usually this
can be done by measuring from a
known and identified point or
line which has been established by
survey. In some instances, howev-
er, the measuring point cannot be
identified or is uncertain. These
situations require surveying as-
sistance.
3. I think that buildings can
be properly located and error di-
minished by the location taken by
the Building Inspection Depart-
ment.
First, in the case of any uniden-
tifiable or uncertain point of meas-
ure, the city engineering depart-
ment will establish the point or
line. A fee will be charged to the
permittee for this service.
Second, a building permit is re-
quired before the start of con-
struction work, consequently,
building locations can be checked
before irreparable installations
are made. In order to reinforce
this proposition, Mr. Feyen has
sent a notice to all contractors. I
have attached a copy of his notice
dated April 16th.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed and the efforts of
the Building Department to be
recognized. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 23, 1976
Honorable Mayor and
City Councilmen
Re: Evelyn H. Dow, et al, VS.
City of Dubuque, Iowa.
On January 2, 1972, plaintiff,
Evelyn H. Dow, conservator of the
properly of Jeffrey Dow, a minor,
commenced an action against the
City of Dubuque, Iowa, and R. H.
Muellich claiming damages in the
amount of $12,292.50 in two sepa-
rate counts alleging that the City
of Dubuque was negligent in al-
lowing snow and ice to accumulate
and remain on the crosswalk, and
in failing to apply an abrasive ma-
terial on the accumulation of ice
and snow on said crosswalk, and
alleging negligence on the part of
the. defendant, R. H. Muellich,
claiming that said defendant was
204 Regular Session, May 3, 1976
negligent in causing snow and ice '
and slush to be deposited and
plowed in and upon the vicinity
of the south crosswalk of West
Locust Street, and the West cross-
walk of West 17th Street, and that
as a result of said respective acts
of negligence the Plaintiff, a
minor, suffered personal injury
consisting of multiple fractures of
the bones of the right ankle and
the right leg, and also alleging
future pain and suffering.
That the said matter was re-
ferred to the City Attorney who
interposed the appropriate de-
fenses for and on behalf of the
City of Dubuque, and on the 28th
day of October, 1975, said cause
was ready for trial at which time
the plaintiff made an offer of set-
tlement to the City of Dubuque,
Iowa, in the amount of $1,000.00
and on the strength of the repre-
sentation of the City Attorney's
office the action was dismissed
against the City of Dubuque.
Said action resulted in a ver-
dict in favor of the defendant,
and the said matter is now pending
on appeal to the Supreme Court
of Iowa.
It is recommended that the of-
fer of settlement of $1,000.00 be
approved and ratified and that the
City Auditor be instructed to
draw warrant payable to Evelyn
H. Dow, conservator of the prop-
erty of Jeffrey Dow, a minor, and
transmit the same to the City At-
torney for delivery upon receipt
of the duly executed releases in
this matter.
Copy of Petition with copy of
original notice attached is here-
with returned.
R. N. Russo
City Attorney
Councilman Stackis moved that
the communication be received
and filed and recommendation of
settlement be approved. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing on proposed water
rates, presented and read. No
written objections were filed at
the time set for the hearing. Jim
E. Ryan of Ryan Carwash objected
to proposed water rates. Bob Dor.
othy stated surcharge idea is dis•
criminatory: Waste occurs at the
domestic level and not at the com.
mercial level: Poor time to impose
increased cost on business in Du.
buque. In his estimation Plan #1
was the best rate plan at this
time. Jim Conlon of Key City Plat.
ing advised if rates go up, they
will be forced out of business and
possibly move into the County.
Councilman Tully moved that the
proof of publication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 15-76
AN ORDINANCE FIXING AND
ESTABLISHING RATES TO BE
CHARGED FOR THE FURNISH-
ING OF WATER FOR RESIDEN-
TIAL, COMMERCIAL, INDUSTRI-
AL AND OTHER USES AND PUR-
POSES, WITHIN AND WITHOUT
THE CITY OF DUBUQUE, IOWA,
PRESCRIBING A PENALTY FOR
VIOLATION HEREOF, AND RE-
PEALING ORDINANCE NO. 64-68,
said Ordinance having been pre-
viously presented at the Council
meeting of April 19, 1976, and
was on file two meetings prior to
date of final adoption, presented
for final adoption.
Councilman Wertzberger moved
that plan #1 of the two proposed
ordinances as previously presented
be considered for adoption. Sec.
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Wertzberger.
Nays—Councilmen Brady, Tully.
ORDINANCE NO. 15.76
An ordinance fixing and establishing
rates to be charged for the furnish-
ing of water for residential, commer-
cial, industrial and other uses and
purposes, within and without the
City of Dubuque, Iowa, prescribing
a penalty for violation hereof, and
repealing Ordinance No. 64-68.
Be it ordained by the City Council of
the City of Dubuque:
RATES FIXED
SECTION 1. Commencing with all
meter readings on or after July 7, 1976,
the rates to be charged for water for
Regular Session, May 3, 1976 205
residential, commercial, industrial and
other uses and purposes by any person,
firm or corporation supplying water with-
in the City of Dubuque, Iowa, shall be
and they are fixed and determined as
follows:
(a) Water rates for users within the
City of Dubuque, Iowa, whose meters
are read Monthly, shall be as follows:
First 200 cubic feet per month $2.00;
Next 800 cubic feet per month .75 per
hundred cubic feet; Next 2,000 cubic
feet per month .70 per hundred cubic
feet; Next 12,000 cubic feet per month
.60 per hundred cubic feet; Next 36,000
cubic feet per month .50 per hundred
cubic feet; Next 50,000 cubic feet per
month .43 per hundred cubic feet; Over
100,000 cubic feet per month .38 per
hundred cubic fat.
The Minimum monthly charge accord-
ing to size of maters, shall be as fol-
lows:
%" $2.00 allowance 200 cubic feet;
%4" 6.00 allowance 700 cubic feet; 1"
$10.00 allowance 1,200 cubic feet; 1 %4"
16.00 allowance 2,100 cubic feet; I %a"
20.00 allowance 2,700 cubic feet; 2"
32.00 allowance 4,600 cubic feet; 3"
64.00 allowance 10,000 cubic feet; 4"
100.00 allowance 16,200 cubic feet; 6"
200.00 allowance 33,600 cubic feet; 8"
320.00 allowance 60,200 cubic feet.
(B) Water rates for users within the
City of Dubuque, Iowa, whose meters are
read Bi -Monthly, shall be as follows:
First 400 cubic feet per period $4.00;
Next 1,600 cubic feet per period .75 per
hundred cubic feet; Next 4,000 cubic
feet per period .70 per hundred cubic
feet; Next 24,000 cubic feet per period. 60
per hundred cubic feet; Next 70,000 cubic
feet per period .50 per hundred cubic
feet; Next 100,000 cubic feet per period
.4, per hundred cubic feet, Over 200,000
cubic feet per period .38 per hundred
cubic fee,.
The Minimum Bi -Monthly charge ac-
cording to size of meter shall be as fol-
lows:
!/V $4.00 allowance 400 cubic feet;
3 4" 12.00 allowance 1,400 cubic feet;
1" 20.00 allowance 2,500 cubic feet;
1 %4" 32.OU allowance 4,300 cubic feet;
1 %a" 40.00 allowance 5,500 cubic feet;
2" 64.00 allowance 9,400 cubic fat.
SECTION 2. Commencing with all
meter readings on and after July 7, 1976,
the rates to be charged for water sup-
plied by the City Water Department and
residential, commercial, industrial and
Other uses and purposes by any person,
firm or corpuratiun, outside the City of
Dubuque, Iowa shall be the same rates
provided in Section 1, hercuf plus an ad-
ditional 50% to the rates listed in Sec-
tion 1, hereof.
SECTION 3. Commencing December
1, 1976, the following yearly charge for
fire sprinkler service supplied by the
City Water Department of Dubuque,
Iowa. shall be paid semi-annually in ad-
vance and they are fixed and determined
as follows:
Minimum Annual Charge $100.00; Up
to 200 heads 100.00; 200 to 300 heads
120.00; 300 to 400 heads 140.00; 400 to
600 heads 160.00; 600 to 800 heads
180.00; 800 to 1000 heads 200.00; 1000
to 1200 heads 220.00; 1200 to 1400
heads 240.00; 1400 to 1600 heads 260.00;
1600 to 1800 heads 280.00; 1800 to
2000 heads 300.00; 2000 to 2200 heads
320.00; 2200 to 2400 heads 340.00; 2400
to 2600 heads 360.00; 2600 to 2800
heads 380.00; 2800 to 3000 heads 400.00;
3000 to 3500 heads 420.00; For each ad-
ditional 500 heads or fraction thereof over
3500 heads at $20.00 per year.
SECTION 4. Any person, firm or cor-
poration who shall violate any of the
provisions hereof, shall be deemed guilty
of a misdemeanor and upon conviction
thereof shall be fined not to exceed One
Hundred Dollars ($100.00) or impris-
oned not to exceed thirty (30) days in
jail.
SECTION 5. Ordinance No. 64-68
adopted October 31, 1968, be and the
same is hereby repealed.
SECTION 6. This ordinance shall be
in full force and effect on July 7, 1976
after its passage, adoption and publica-
tion as required by law.
passed, adopted and approved this 3rd
day Of May 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
Emil Stackis
Courcilmen
A t test:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
lierald this 6th day of May 1976.
Leo F. Frommelt
City Clerk
it 5/6
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Mayor Lundh. Carried
by the following vote:
Yeas -Mayor Lundh, Councilmen
Stackis, Wertzberger.
Nays -Councilmen Brady, Tully.
Petition of Duane R. Giesler re-
questing a refund of $6.00 as the
result of issuance of a duplicate
1976 dog license, presented and
read. Councilman Wertzberger
moved that the refund be granted
and City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas -Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays -None.
206 Regular Session, May 3, 1976
Petition of Dubuque Jaycees re-
questing $5000 of available funds
for the restoration of Washington
Park, presented and read. Randy
Nigg of the Jaycees addressed the
Council stating tentative approval
for funding is in sight, presented
a graphic progress report and
stated the urgency of a wiring
problem and that wiring is badly
deteriorated and must be correct-
ed now at a cost of approximately
$20,000. Councilman Wertzberger
moved that the petition of Jaycees
be received and filed and forward-
ed to the Bicentennial Committee
with recommendation of approval.
Seconded by 'Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing on a proposed lease
between the Dock Commission and
the Dubuque County Conservation
Society, presented and read. Coun-
cilman Stackis moved that the
proof of publication be received
and filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 142.76
WHEREAS, pursuant to Resolu-
tion and published notice of time
and place of hearing, published in
the Telegraph -Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa on
April 16, 1976, the City Council
of the City of Dubuque, Iowa met
on the 3rd day of May, 1976 at
7:30 o'clock P.M. (Central Daylight
Time) in the City Council Cham.
bers, City Hall, Dubuque, Iowa to
consider a proposed lease by and
between the CITY OF DUBUQUE,
Iowa, a municipal corporation, by
and through its BOARD OF DOCK
COMMISSIONERS, as Lessor, and
DUBUQUE COUNTY CONSERVA.
TION SOCIETY, as Lessee, provid.
ing for the leasing of the follow.
ing described real estate, to -wit:
Two tracts of land totalling
approximately thirty five and
24/100ths (35.24) acres lying
in Area C in Industrial Park,
designated as Dubuque County
Conservation Lease and Du.
buque County Conservation So.
ciety Lease No. 2, and includ-
ing an easement over and up.
on the slopes immediately ad.
jacent thereto all as shown on
the Plat marked Exhibit "A"
subject to easement granted to
Interstate Power Company for
Transmission Line as shown on
said Plat
and;
WHEREAS, there being no oral
or written objections to the pro.
posed lease received by the City
Council of the City of Dubuque,
Iowa,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the proposed
lease between the City of Dubuque,
Iowa by and through its BOARD
OF DOCK COMMISSIONERS, as
Lessor, and DUBUQUE COUNTY
CONSERVATION SOCIETY, as
Lessee, be and the same is hereby
approved and that the terms and
provisions of said proposed lease
are hereby ratified.
Section 2. That the Board of
Dock Commissioners be and they
are hereby authorized and em-
powered to execute said lease for
and on behalf of the City of Du-
buque, Iowa.
Passed. approved and adopted
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing on a proposed lease
between the Dock Commission and
the Flynn Ready Mix Concrete Co.,
presented and read. Councilman
Stackis moved that the proof of
Regular Session, May 3, 1976 2(Y7
publication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 143.76
WHEREAS, pursuant to Reso-
lution and published notice of time
and place of hearing, published in
the Telegraph -herald, a newspa-
per of general circulation pub-
lished in the City of Dubuque,
Iowa on April 16, 1976, the City
Council of the City of Dubuque,
Iowa met on the 3rd day of May,
1976 at 7:30 o'clock P.M. (Central
Daylight Time) in the City Council
Chambers, City Hall, Dubuque,
Iowa to consider a proposed
amendment to Lease and Agree-
ment by and between the CITY
OF DUBUQUE by and through its
BOARD OF DOCK COMMISSION-
ERS, as Lessor, and FLYNN
READY -MIX CONCRETE CO., as
Lessee, providing for the leasing
of the following described real
estate, to -wit:
A tract of land in the south-
east one quarter of the north-
west one quarter Section 19,
Township 89 North, Range 3
East of the 5th Principal Meri-
dian, situated at the easterly
end of 12th Street in the City
of Dubuque, Iowa.
and;
WHEREAS, there being no oral
or written objections to the pro-
posed Lease Amendment received
by the City Council of the City of
Dubuque, Iowa,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section I. That the Amendment
to Lease amending the lease be-
tween the parties dated Septem-
ber 19, 1976 between the City of
Dubuque, Iowa, by and through its
BOARD OF DOCK COMMISSION-
ERS, as Lessor, and the FLYNN
READY -MIX CONCRETE CO., as
Lessee, be and the same is hereby
approved and that the terms and
provisions of said proposed
amendment to lease are hereby
ratified, and that terms and pro-
visions of said lease, dated Sep-
tember 19, 1975, with the excep-
tion of the description of the
leased premises, be and they are
hereby confirmed and ratified.
Section 2. That the Board of
Dock Commissioners be and they
are hereby authorized and em-
powered to execute said Amend-
ment to Lease for and on behalf
of the City of Dubuque, Iowa.
Passed, approved and adopted
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of Levy
to pay for construction of J.F.K.
Road Sanitary Sewer Extension
East Side, presented and read. No
written objections were filed and
no oral objectors were present in
the Council Chamber at the time
set for the hearing. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Statement of City Clerk that no-
tice of levy were mailed by certi-
fied mail to property owners of
record subject to assessment to
pay for cost of constructing J.F.K.
Road Sanitary Sewer East Side,
presented and read. Councilman
Stackis moved that the statement
be received and filed. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 144-76
Schedule of Assessments
Resolved by the City Council of
the City of Dubuque, Iowa: That
to pay for construction of John F.
208 Regular Session, May 3, 1976
Kennedy Road Sanitary Sewer Ex-
tension -East Side by Tschiggfrie
Excavating, contractor in front of
and adjoining the same, a special
tax be and is hereby levied on the
several lots, and parts of lots, and
parcels of real estate all as named,
situated and owned, and for the
several amounts set opposite each
lot or parcel of real estate, as set
forth in the following schedule.
For John F. Kennedy Road
Sanitary Sewer Extension—
East Side
Jeannette & Lyle Eugene
5,131.69
Cardy, Lot 5, Brueck
Subdivision ......................
1,375.35
David M. & Beverly A.
Unsen, Lot 6, Brueck
60.00
Subdivision ......................
1,375.35
Clarence F. & Marie Rei -
457.80
sen, Lot 7, Brueck Sub-
division ............................
1,112.93
Carl W. & Debra L. Thum -
ser, Lot 8, Brueck Sub-
150.00
division ............................
1,268.06
Total ............................
5,131.69
423.6 lin. ft. 8" V.T.P. @
8.90 ..................................
3,770.04
3 no. of 8" x 6" wye
branches @ 20.00 ..........
60.00
10.9 lin. ft. Manhole side-
wall @ 42.00 ..................
457.80
1 no. of Manhole base @
140.00 ..............................
140.00
1 no. of Manhole ring and
cover @ 150.00 ..............
150.00
1 no. of 4" cast iron stub
@ 25.00 ............................
25.00
39 ton 3/4" clean stone @
6.00 ..................................
234.00
Construction Cost ..............
4,836.84
Engineering & Inspection
452.16
5% Interest -52 days ......
34.93
Project Cost ......................
5,323.93
City Share* ........................
192.24
Assessable .......................... 5,131.69
*City share 21.6 feet of 8" V.T.P.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Hearing to consider proposal to
authorize issuance of $5,131.69 to
pay for cost of construction of
J.F.K. Road Sanitary Sewer Ex-
tension -East Side, 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. Coun-
cilman Stackis moved that the
proof of publication be received
and filed. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 145.76
Resolution providing for the is-
suance of Sewer Bonds for the
purpose of providing for the pay-
ment of the assessed cost of John
F. Kennedy Road Sanitary Sewer
Extension—East Side.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the City
Council has ascertained the cost
thereof and has determined that
$5,131.69 Dollars of the cost there-
of shall be assessed against the
property subject to assessment
therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City Council to is-
sue bonds for the purpose of pro-
viding for the payment of the
assessed cost of said improvement
and a public hearing has been held,
pursuant to such notice and all ob-
jections made thereto have been
considered and determined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of the
Regular Session, May 3, 1976 209
John F. Kennedy Road Sanitary
Sewer Extension, East Side, there
shall be issued sewer bonds in the
amount of $5,000.00 Dollars in an-
ticipation of the deferred payment
of assessments levied for such im-
provement.
2. Such bonds shall be called
sewer bonds; and shall bear the
date of October 1, 1976: and shall
be numbered consecutively. and
they shall be numbered, divided
into series, and be in such denom.
inations and for such maturity
dates as are shown in the follow.
ing table:
1 1 $500.00—December 1, 1976
2 2 $500.00—December 1, 1977
3 3 $500.00—December 1, 1978
4 4 $500.00—December 1, 1979
5 5 $500.00—December 1, 1980
6 6 $500.00—December 1, 1981
7 7 $500.00—December 1, 1982
8 8 $500.00—December 1, 1983
9 9 $500.00—December 1, 1984
10 10 $500.00—December 1, 1985
3. Said bonds shall bear interest
at the rate of six per cent per an-
num, payable annually in accord-
ance with coupons thereto at-
tached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No. ........................................................
SeriesNo .............................................
CITY OF DUBUQUE
Sewer Bond
The City of Dubuque in the
Slate of Iowa promises to pay as
hereinafter mentioned to the bear.
er hereof, the sum of 500 dollars
with interest thereon at the rate
Of six per cent per annum, pay-
able ...................... annually, on the
presentation and surrender of the
interest coupons hereto attached.
Both principal and interest of this
bond are payable at the office of
the City Treasurer in the City of
Dubuque, in the State of Iowa. This
bond is issued by the City of Du.
buque under and by virtue of
Chapter 396 of the 1954 Code of
Iowa, as amended, and the. Resolu-
tion of said City duly passed on
the 3rd day of May, 1976, being
Resolution No, 145.76.
This Bond is one of a series of
10 bonds, all for $500,00 numbered
from I through 10 all of like tenor
and date, and issued for the pur-
pose of providing for the deferred
payment of the assessments levied
for the John F. Kennedy Road
Sanitary Sewer Extension, East
Side, as described in said Resolu-
tion, in said City, which cost is
payable by the abutting and adja-
cent property along said improve-
ments and is made by law a lien
on all of said property. It is pay-
able only out of the Special As-
sessment Fund 1306 created by the
collection of said special tax, and
said fund can be used for no other
purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, prece-
dent to and in issuing this series
of bonds, have been done, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and payment
hereon of said special tax, the full
faith and diligence of said City of
Dubuque are hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and countersigned by
its City Clerk and the Seal of said
City to be thereto affixed, this 3rd
day of May, 1976.
(SEAL)
Mayor
....................
City Clerk
(Form of Coupon)
On the .......... day of ..................I
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
I ..................... Dollars, in the office
of the City Treasurer in the City
of Dubuque, being ............ months'
interest due that date on its
.................. Bond No. .......... dated
................................................................
Mayor
.................................».......
City Clerk
210 Regular Session, May 3, 1976
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause said bonds to be prepared
and when so prepared to execute
said bonds and that the City Clerk
be and he is hereby instructed to
register said bonds in a book kept
for that purpose and to then de-
liver them to the City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said
bonds in the manner provided by
law, the proceeds of said sale to
be placed in a special fund to be
known as Special Assessment
Fund 1306 and paid out by him
to pay the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the Ma-
yor and countersigned with the
facsimile signature of the City
Clerk.
9. That as fast as funds allow.
these bonds shall be called and
retired in the same order as num-
bered.
10. Passed, adopted and ap-
proved this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
COUNCIL RECESSED AT 10:00 PM
RECONVENED AT 10:08 PM
Proof of Publication, certified
to be the Publisher, of Notice of
Public Hearing on Resolution of
Pendency and proposed plans,
specs., form of contract for Con.
struction of 1976 Asphalt Paving
Project No. 1, including Alpine St.,
Ashton Pl., Central Ave., Davis
Ave., Dodge St. from the E.P.L,
of Bluff St. to the Julien Dubuque
Bridge, Eagle Point Park-road'
way, English Lane, Intersection
widening at John F. Kennedy,
Highway 20 and University Ave.,
Marquette Place, Samuel St., Tow.
er Dr., Walnut St. and Windsor
Ave., presented and read. Coun-
cilman Stackis moved that the
proof of publication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Statement of City Clerk certify.
ing that notices of hearing were
mailed by certified mail on April
12, 1976 to property owners of rec-
ord subject to assessment to pay
for cost of constructing 1976 As-
phalt Paving Project No. 1, pre-
sented and read. Councilman
Stackis moved that the Statement
be received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
The following objected to pav-
ing of Alpine Street for various
reasons: Roy Mootz, Tom Clark,
Sally Ryan and James Ryan, Rog-
er Duster, Louis Schaller, Orville
Budde, Gary Stewart, Francis Ken-
ny, and Darlene Gavin. Greg
Schwartz and Bob Harry voiced ob-
jections to paving of Ashton Place.
Rhonda Kronfeldt, Mary Welsh
and Harmon Edwards objected to
paving of Walnut Street. Earl
Marihart objected to the paving
of Marquette Place. Eldon Biver
addressed the Council as being in
favor of improving Marquette
Place. Dallas Murphy, Helen Mer-
cer and Al Kirk objected to pav-
ing of English Lane. Nancy Marti
advised as being in favor of pav-
ing of Tower Drive. Councilman
Brady moved to reimpose the
rules. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Leo J. Heer et al
(16 signers) objecting to the pro-
posed paving of Ashton Place, pre-
sented and read. Councilman
Stackis moved thatthe petition
be received and filed. Seconded by
Regular Session, May 3, 1976 211
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Dora M. Alt et al
(114 signers) objecting to the pav-
ing of Alpine Street, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Thomas G. Goodman
not objecting to the proposed pav-
ing of English Lane, however urg-
ing the investigation of recycling
the present paving and relaying it
at a cheaper cost, presented and
read. Councilman Stackis moved
that the petition be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of John Davis et al (37
signers) objecting to the paving of
Walnut Street, presented and read.
Councilman Stackis moved that
the petition be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Donald W. Canavan
et al (19 signers) objecting to the
Proposed paving of Marquette
Place, presented and read. Coun-
cilman Stackis moved that the pe-
tition be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Petition of David W. Leifker ob.
jecting to the proposed paving of
Marquette Place, presented and
read. Councilman Stackis moved
that the petition be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of John Strohmeyer et
al (52 signers) objecting to the
paving of English Lane, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Michael & Rhonda
Mary Kronfeldt objecting to the
proposed paving of Walnut Street,
Presented and read. Councilman
Stackis moved that the petition be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Mrs. Mary E. Welsh
et ux objecting to the proposed
paving of Walnut Street, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved to
retain ALPINE STREET from the
S.P.L. of University Ave. to the
N.P.L. of Dodge Street in the City
of Dubuque 1976 Asphalt Paving
Project No. 1. Seconded by Mayor
Lundh. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays—Councilman Tully. MO-
TION FAILED DUE TO 100%
COUNCIL APPROVAL REQUIRED.
Councilman Stackis moved to re-
tain ASHTON PLACE from the
N.P.L. of Decorah St. to the S.P.L.
of Delaware St. in the City of Du-
buque 1976 Asphalt Paving Proj-
ect No. 1. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved to re-
tain WALNUT STREET from the
S.P.L. of Loras Blvd. to the N.P.L.
of University Ave. in the City of
212 Regular Session, May 3, 1976
Dubuque Asphalt Paving Project '
No. 1. Seconded by Mayor Lundh.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas—Mayor Lundh, Councilman
Stackis.
Nays --Councilmen Brady, Tully,
Wertzberger. MOTION FAILED
DUE TO 100% COUNCIL AP-
PROVAL REQUIRED.
Councilman Stackis moved to
retain MARQUETTE PLACE
the W.P.L. of Queen Street to the
S.P.L. of Lot 4 Audubon Addition
in the City of Dubuque 1976 As-
phalt Paving Project No, I. Sec-
onded by Councilman Wertzberger.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
MOTION FAILED DUE TO 100%
COUNCIL APPROVAL REQUIRED.
Councilman Brady moved to re-
tain ENGLISH LANE from the
S.P.L. of Mt. Loretta St. to the
W.P.L. of Sullivan St. in the City
of Dubuque 1976 Asphalt Paving
Project No. 1. Seconded by Coun-
cilman Stackis. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas—Mayor Lundh. Councilmen
Brady, Stackis, Wertzberger.
Nays—Councilman Tully.
MOTION FAILED DUE TO 100%
COUNCIL APPROVAL REQUIRED.
RESOLUTION NO. 146-76
Resolution amending Resolu-
tion No. 106.76.
BE IT RESOLVED by the City
of Dubuque, Iowa:
Section 1. That Resolution No.
108-76 being the Resolution of Ne-
cesity for the City of Dubuque
1976 Asphalt Paving Project No.
1, be and the same is hereby
amended by deleting the following
portions of the following named
streets there from: Alpine St.
from the S.P.L. of University Ave.
to the N.P.L. of Dodge Street. Wal-
nut St. from the S.P.L. of Loras
Blvd. to the N.P.L. of University
Ave., Marquette Place from the
W.P.L. of Queen Street to the
S.P.L. of Lot 4 Audubon Addition,
English Lane from the S.P.L. of
Mt. Loretta St. to the W.P.L. of
Sullivan St.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Decision of Council upon ob-
jections to plans, specifica-
tions, form of contract and
cost of improvements.
RESOLUTION NO. 147.76
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1976 As-
phalt Paving Project No. 1.
1. Ashton Pl. from the N.P.L. of
Decorah St. to the S.P.L. of Dela-
ware St.
2. Central Ave. from the south
curb line of 4th St. to the north
curb line of 3rd.
3. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
4. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
5. Eagle Point Park—roadway.
6. Intersection widening at John
F. Kennedy, Highway 20 and Uni-
versity Ave.
7. Samuel St. from north curb
line of Southern Ave. to the south
curb line of Tressa St.
8. Tower Dr. from the west
street line of Rockdale Rd. (sta.
0+09) to the W.P.L. of Lot 2.1-1-
1-2 of Mineral Lot 483 (sta.
9-80.29).
9. Windsor Ave. from the N.P.
L. of Davis Ave. to the S.P.L. of
the alley south of Strauss Street.
Have been approved by the City
Council of the City of Dubuque
and public notice given as provid-
ed by Chapter 23 of the Code of
Iowa, 1975, pertaining to public
contracts and bonds, and the time
Regular Session, May 3, 1976 213
and place fixed for the hearing of
all objections to said plans, speci-
fications or contract for or cost of
such improvements, said time be-
ing this 3rd day of May, 1976: and
WHEREAS, the City Council
met in Regular session this 3rd
day of May, 1976, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made: and
WHEREAS, all interested par-
ties have been given an opportun-
ity to be heard and all objections
which have been duly weighed
and considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Necessity for Improvement)
RESOLUTION NO. 10876
WHEREAS, proposed plans,
specifications, form of contract,
Plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
I. The assessments limits, if any.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as.
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
City of Dubuque 1976 Asphalt
Paving Project No. 1:
1. Ashton Pl. from the N.P.L. of
Decorah St. to the S.P.L. of Dela-
ware St.
2. Central Ave. from the south
curb line of 4th St. to the north
curb line of 3rd.
3. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
4. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
5. Eagle Point Park—roadway.
6. Intersection widening at
John F. Kennedy, Highway 20 and
University Ave.
7. Samuel St. from north curb
line of Southern Ave. to the south
curb line of Tressa St.
8. Tower Dr. from the west
street line of Rockdale Rd.
(sta. 0+09) to the W.P.L. of Lot
2-1.1-1-2 of Mineral Lot 483 (sta.
9+80.29).
9. Windsor Ave. from the N.P.L.
of Davis Ave. to the S.P.L. of the
alley south of Strauss Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein men.
tioned improvement, and unless
property owners at the time of the
final consideration of this pro-
214 Regular Session, May 3, 1976
posed resolution have on file with
the City Clerk objections to the
amount of the proposed assess.
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the R.U.T. Funds.
Street bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as-
sessed to and paid by the railway
company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 5th day of April, 1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
amended by the City Council this
3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved final
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Ordering Construction)
RESOLUTION NO. 148.76
BE IT RESOLVED by the City
Council of the City of Dubuque
that pursuant to a resolution of
necessity No. 108.76 which was
duly passed by this Council, for
the City of Dubuque 1976 Asphalt
Paving Project No. 1:
1. Ashton Pl. from the N.P.L.
of Decorah St. to the S.P.L. of
Delaware St.
2. Central Ave. from the south
curb line of 4th St. to the north
curb line of 3rd.
3. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
4. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
5. Eagle Point Park—roadway.
6. Intersection widening at John
F. Kennedy, Highway 20 and Uni-
versity Ave.
7. Samuel St. from north curb
line of Southern Ave. to the south
curb line of Tressa St.
8, Tower Dr. from the west
street line of Rockdale Rd. (sta.
0-09) to the W.P.L. of Lot 2-1-1-1-2
of Mineral Lot 483 (sta. 9-80.29).
9. Windsor Ave. from the N.P.L.
of Davis Ave. to the S.P.L. of the
alley south of Strauss Street.
Be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property ly-
ing within the assessable distance
from the improvements, whether
such property abut upon the same
or are adjacent thereto, according
to the area thereof and in propor-
tion to the special benefits con-
ferred, and any deficiency will be
paid out of the Road Use Tax
Fund. Payment will be made to
the contractor out of funds real-
ized from the sale of bonds to
be issued in anticipation of de.
ferred payments of assessments as
Regular Session, Mav 3, 1976 215
provided by law after the work
has been completed and accepted
by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 120 days after notice
to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 27, 1976
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque 12" Water Main
Project over the 16th Street Bridge
between Area "C" and Kerper
Blvd. has been completed in ac-
cordance with the City of Dubuque
Plans and Specifications.
I, therefore, recommend the ac-
ceptance of the above: named
project.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
FINAL ESTIMATE
RESOLUTION NO. 149.76
WHEREAS, the contract for the
City of Dubuque 12" Water Main
Project over the 16th Street
Bridge between Area "C" and
Kerper Blvd. has been completed
and the City Engineer has sub.
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assessment and
plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$57,786.53.
That none of the cost thereof
shall be assessable upon private
property and $57,786.53 shall be
paid from the Municipal Enter-
prise Dock Fund of the City of
Dubuque.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 15076
WHEREAS, the contract for the
City of Dubuque 12" Water Main
Project over the 16th Street Bridge
between Area "C" and Kerper
Blvd. has been completed and the
City Manager has examined the
work and filed his certificate stat.
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
BE 1T RESOLVED, by the City
Council of the City of Dubuque,
216 Regular Session, May 3, 1976
that the recommendation of the
City Manager be appproved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Municipal En-
terprise Dock Fund.
Passed, adopted and approved
this 3rd day of May, 1976.
Approved:
Alvin E. Lundh
Mayor
Thomas A'Tully Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Wertzberger moved
to commend Mr. Ernie Roarig of
the Engineering Department, on
work well done on the Flood Wall
and accomplishments completed on
the Street Program. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 151.76
WHEREAS, applications for Liq-
uor 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 ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C' (COMMERCIAL)
BEER AND LIQUOR LICENSE
Marco's Inc., d/b/a Marco's Ital-
ian American Food, 2022 Central
Avenue
Passed, adopted and approved
this 3rd day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption
of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 152.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT R&
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Marco's Inc., d/b/a Marco's Italian
American Food, 2022 Central
Avenue
Passed, adopted and approved
this 3rd day of May 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption
of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Regular Session, May 3, 1976 217
RESOLUTION NO. 153-76
Resolution recommending adop-
tion of House File 873, titled
"Local option Transient Guest
Tax."
WHEREAS, the City of Dubuque
is being continuously faced with
higher operating costs and must
seek additional sources of reve-
nue; and
WHEREAS, the City of Dubuque
will be operating under spending
limitations as outlined in the re-
cently adopted "Property Tax Re-
lief Bill"; and
WHEREAS, the City of Dubusz
supports the philosophy of Home
Rule and the option of cities to
Impose local taxes.
NOW, THEREFORE, BE 1T
SOLVED by the City Coune of
the City of Dubuque, Iowa:
That the City of Dubuque sup-
ports the concept of a local option
tax as enunciated in House File
873.
That the City of Dubuque en-
courages the House, Ways and
Means Subcommittee, chaired by
Representative Robert Anderson,
to approve House File 873 and to
support its adoption in this ses-
sion of the legislature.
Passed, approved and adopted
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Emil Stackis
Richard Wertzberger
Thomas A. Tully Jr.
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
There being no further business,
Councilman Tully moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
218 Special Session, May 10, 1976
CITY COUNCIL
OFFICIAL
Special Session, May 10, 1976. .
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Absent — City Manager Gilbert
D. Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this Meeting
is called for the purpose of ADOP-
TION OF A RESOLUTION PRO-
VIDING FOR A HEARING ON
PROPOSED PLANS, SPECIFICA.
TIONS AND FORM OF CON-
TRACT FOR IMPROVEMENTS
AND EXTENSIONS TO THE MU-
NICIPAL WATERWORKS PLANT
AND SYSTEM IN AND FOR THE
CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR TAKING BIDS
IN CONNECTION THEREWITH,
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
The following proclamations
were approved and signed by Ma-
yor Lundh: Weeks between Moth-
er's Day (May 9) to Father's Day
(June 20) as "Conquer Multiple
Sclerosis Weeks," Week of May
10.16 as 'National Salvation Army
Week," Week of June 13th to 19th
as "Development Disabilities
Awareness Week."
Communication of Community
Development requesting formal
recognition of the Hill Street
Neighborhood Association, present-
ed and read. Councilman Stackis
moved that the communication be
received and filed and request ap-
proved. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Tully moved to sus-
pend the rules to let anyone pres-
ent address the Council if they
so desire. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
The following addressed the
Council relative to the communi.
cation: Merle Bandy, on behalf
of the neighborhood, felt as
though they should ask for con.
sideration; Neva Shoars expressed
concern for low interest loans, did
not want to be troublesome; Ruby
Sutton expressed having a concern
for the neighborhood: and John
Grau of the Community Develop-
ment Department spoke to the
communication.
RESOLUTION NO. 154.76
Recognition of a neighborhood
organization for membership on
the Community Development
Commission.
WHEREAS, there has been es-
tablished within the City of Du-
buque a Community Development
Commission to assure that a fair
cross section of the residents of
the City of Dubuque fully partici-
pate in the continuous process of
budgeting, developing, monitoring
and evaluating the Community De-
velopment Block Grant Program;
and
WHEREAS, the Community De-
velopment Commission provides
for representation from neighbor-
hood organizations in numbers
based upon their location within
and without areas in which Com-
munity Development Block Grant
activities are proposed to be un-
dertaken; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That based upon the
recommendation of the Depart.
ment of Community Development,
the following neighborhood or-
ganization is located within an
area in which Community Devel-
opment Block Grant activities are
proposed to be undertaken and is
entitled to two representatives for
membership on the Community De-
velopment Commission.
Hill Street Neighborhood Asso-
ciation bounded on the north by
University Avenue, on the south
by Hill Street, on the west by
Roberts Street and on the east
by the intersection of Hill Street
and University Avenue.
Special Session, May 10, 1976 219
Passed, approved and adopted
this 10th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of William L.
Meyers of 320 King Street, show-
ing concern about the low water
pressure to his residence and due
to the proposed water rate in-
crease requesting consideration
without further delay, presented
and read. Councilman Stackis
moved that the communication be
received and filed and Water Su-
perintendent Hail be instructed to
come back to Council within 4
weeks to resolve the problem. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Mr. Meyers spoke to the prob-
lem before the Council.
Communication of Iowa Depart-
ment of Environmental Quality ad-
vising that the Terminal Street
Force Main Phase 11, Contract 1,
be placed under contract as a por-
tion of the entire wastewater proj-
ect, and requesting that further
grant payments be withheld until
approval of final plans, presented
and read. Councilman Brady
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of State of Iowa
Office of Planning & Program-
ming, addressed to manufacturers
and inspection agencies on the
subject of approval of typical
units such as motel rooms, class-
rooms, and dwelling units which
might be combined to make multi.
dwelling buildings, presented and
read. Mayor Lundh moved that
the communication be received
and filed and referred to the
Building Department. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Printed Council proceedings for
the months of January and Feb-
ruary, 1976, presented for approv.
al. Councilman Stackis moved that
the proceedings be approved as
printed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 5, 1976
Honorable Mayor and
City Council
In order to comply with our Rev-
enue Bond Ordinances, I request
your approval to engage the Cer-
tified Public Accounting Firm of
O'Connor, Brooks and Company to
audit the transactions of the Wa-
ter Utility, and the Parking and
Sewage Facilities Funds, for the
fiscal period beginning July 1,
1975 through June 30, 1976.
1 further request that the Audi-
tor of State be asked to audit all
other financial funds of the City,
for the July 1, 1975 through June
30, 1976 fiscal period.
A resolution relative to the
above request will be submitted
to you after July 1, 1976.
G. D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed and requests ap-
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Bicentennial
Commission requesting to be
placed on the agenda to present
their list of recommendations for
use of the Special Projects monies,
presented for discussion.
Dennis Naughton presented the
recommendations of the Dubuque
220 Special Session, May 10, 1976
T& Inc., Board of Directors. C.
Itobert Justmann stated initial
concept changed by Iowa Develop-
ment Commission. Kerin Molden.
hauer requested this be accepted
as a Dubuque Project. Councilman
Tully moved that the monies al-
loted to the Colts Drum & Bugle
Corps be deleted. MOTION DIED
FOR LACK OF SECOND.
Mayor Lundh moved to transfer
$800 from the Contingency Fund
for Jean Marie Cardinal Memorial
Canoe Voyage Project and approve
whole package as presented by the
Dubuque '76 Inc. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis.
Nays—Councilmen Tully, Wertz-
berger.
Chairman Thoms of the Dubuque
Industrial Advisory Commission,
requesting to address the Council,
on the status of the Committee's
Activities, was presented for dis-
cussion. Mr. Thoms requested the
Council's concurrence to purchase
Caradco plant, stating preliminary
discussions have been held; one
thousand square feet in the pack-
age still available; Boiler area al-
ready gone. Councilman Wertzber-
ger moved that Chairman Thoms
and his Commission put together a
package and a feasibility study
and come back to the Council. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Notice under Chapter 613A
notifying the City that Jane Pitts
Smith, Maria T. McAllister, Ja-
vaune Adams are making claim
for actual and punitive damages
for the torts of its officers, em-
ployees and agents specifically in-
cluding Police Chief Robert
O'Brien as the result of incidents
occurring at the Carnival Lounge
on March 17th and 18th, 1976, pre.
sented and read. Councilman
Stackis moved that the Notice be
referred to the City Solicitor fol
proper proceedings. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmer
Brady, Stackis, Tully, Wertzberger
Nays—None.
Notice of Claim in the amount
)f $970.30 from District Court
;Small Claims Division) for dam-
ages to a car owned by Norbert
,gauman and struck by a city em.
ployee on December 16, 1975 near
16th & Elm St., presented and
read. Councilman Stackis moved
that the Notice of Claim be re-
ferred to the City Solicitor for
proper proceedings. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 7, 1976
To the Honorable Mayor
and City Council
Attached are two proposed or-
dinances which change the "no
parking" regulation at 1799 Clarke
Drive to a two hour parking zone.
This change is at the request of
the resident and is explained in
Chief O'Brien's letter dated April
29th, I have attached a copy of
this letter.
I recommend the adoption of
the ordinances.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 16.76
An Ordinance amending Ordi-
nance No. 33.49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Sub-
section 22 of Section A of Sched.
ule IV thereof and enacting a
new Subsection 22 to Section A
of Schedule IV in lieu thereof to
limit parking of motor vehicles
on streets hereinafter desig-
nated,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved that
the rule requiring an Ordinance
Special Session, May 10, 1976 221
to be received and filed at two
meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 16-76
An ordinance amending Ordinance
No. 33-49 known as the "Traffic
Code of Dubuque, Iowa" as amend-
ed by repealing Subsection 22 of.
A of Schedule IV thereof and
enacting a new Subsection 22 to Sec-
tion A of Schedule IV in lieu there-
of to limit parking of motor vehicles
on streets hereinafter designated.
NOW THEREFORE BE IT OR-
DAINED by the City Council of
the City of Dubuque, Iowa:
SECTION 1. That Ordinance No. 33-
49 known as the 'Traffic Code of Du-
buque, Iowa' as amended be and the
same is hereby amended by repealing Sub-
section 22 of Section A of Schedule IV
thereof and enacting a new Subsection 22
to Section A of Schedule IV in lieu there-
of as follows:
"SCHEDULE IV.
A. The following streets or portions
are designated as two hour time
zones:
22. Both sides of Clarke Dr. from
No. Grandview Ave. to St. Am-
brose St. and the north side of
Clarke Dr. from No. Grandview
Ave. to the east property line
of 1799 Clarke Dr."
Passed, adopted and approved this 10th
day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 13th day of May
1976.
Leo F. Frommelt
it 1/13 City Clerk
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 17.76
An Ordinance amending Ordi.
nance No. 33.49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Sub.
section 22 to Schedule VI thereof
and enacting a new Subsection
22 to Schedule VI in lieu there•
of to prohibit the parking of
motor vehicles on the north side
of Clarke Drive from Heeb St.
to the East Property Line of
1799 Clarke Drive,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 17-76
An ordinance amending Ordinance
No. 33-49 known as the 'Traffic
Code of Dubuque, Iowa' as amended
by repealing Subsection 22 to Sched-
ule VI thereof and enacting a new
Subsection 22 to Schedule VI in lieu
thereof to prohibit the parking of
motor vehicles on the north side of
Clarke Drive from Heeb Street to
the East Property Line of 1799
Clarke Drive.
NOW THEREFORE Be It Ordained
by the City Council of the City of Du-
buque, Iowa:
SECTION 1. That Ordinance No. 33-
49 known as the 'Traffic Code of Du-
buque, Iowa' as amended be and the
sa...e is hereby amended by repealing Sec-
tion 22 of Schedule VI thereof and en-
acting a new Subsection 22 to Schedule
VI in lieu thereof as follows:
"Schedule VI
22. The north side of Clarke Drive
from Heeb Street to the east
property line of 1799 Clarke
Drive.
222 Special Session, May 10, 1976
passed, adopted and approved this 10th
day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertxbcrger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 13th day of May
1976.
Leo F. Frommelt
City Clerk
1t 3/13
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Dubuque 76 Inc. re-
questing permission to conduct a
parade on June 20, 1976, present-
ed and read. Councilman Stackis
moved that the request be ap-
proved. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Colts Drum & Bugle
Corps requesting use of Locust
Street Parking Ramp at 8th & Lo-
cust Sts. to conduct a teen dance
on May 26th, presented and read.
Councilman Stackis moved that
the request be approved subject
to coordination of the City Man-
ager. Seconded by Councilman
Wertzberger. VOTE ON THE MO.
TION WAS AS FOLLOWS:
Yeas—Councilman Stackis.
Nays—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
MOTION FAILED.
Proof of Publication, certified
to by the Publisher, of Notice for
release of funds for a project for
the purchase of cleared land in
The Downtown Urban Renewal
Project, presented and read. Coun-
cilman Stackis moved that the
proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of ap.
plication for a Community Devel-
opment Block Grant and an An.
nual performance report to HUD,
presented and read. Counrilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
A Resolution requiring abutting
property owners to make sewer
and water connections along
Tower Drive, presented and read.
Councilman Stackis moved that
the resolution be referred back to
the Engineering Department. Sec-
onded by Councilman Wertzber-
ger. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 5, 1976
To the honorable Mayor
and City Council
I hereby submit the plans and
specifications for the reconstruc-
tion of Jackson Street from 12th
to 22nd Streets.
The estimated cost of the proj-
ect is $158,321.17, 70% of which
is reimbursable under Federal Aid
to Urban Systems Funds.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 155.76
Approval of Preliminary Esti-
mate, Proposed Plans, Specifica-
tions, form of Contract, Plat and
all other documents for the recon-
struction of Jackson Street from
12th to 22nd Street, in the esti-
mated amount of $158,124.48, pre-
sented and read. Councilman Tully
moved adoption of the resolution.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Special Session, May 10, 1976 223
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays—None.
(Necessity for Improvement)
RESOLUTION NO. 156.76
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The assessment limits.
2. The streets to be improved.
3. The width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the re-
construction of Jackson Street
from 12th Street to 22nd Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
Provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac.
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the Road Use Tax
Funds. Bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as-
sessed to and paid by the rail-
way company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 10th day of May, 1976.
Approved and placed on file for
final action.
Approved:
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved ap-
proval of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 6, 1976
To the Honorable Mayor
and City Council
I hereby submit the attached
sheets no. 1 to 6 inclusive, show-
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque Reconstruction of
Jackson Street from 12tb Street to
22nd Street.
Submitted May 6, 1976.
John L. White, P.E.
City Engineer
Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vole:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
224 Special Session, May 10, 1976
RESOLUTION NO. 157-76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached
sheets no. 1 to 6 inclusive, are
hereby determined to be the sched-
ule of proposed assessments for
the City of Dubuque Reconstruc-
tion of Jackson Street from 12th
to 22nd Street, and the valuations
set out herein, are hereby ap-
proved.
Adopted this 10th day of May,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Fixing date of hearing)
RESOLUTION NO. 158.76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 155-76 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
reconstruction of Jackson Street
from 12th Street to 22nd Street
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection,
BE IT THEREFORE RESOLVED
that on the 1st day of June 1976,
a public hearing will be held at
7:30 o'clock P.M. C.D.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement
may appear and make objection
to the proposed plans and speci-
fications and proposed form of
contract and at the same time to
the boundaries of the proposed
district, to the cost of the improve.
ment, to the amount proposed to
be assessed against any lot and to
the passage of the proposed Reso.
lution of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub.
lished in some newspaper pub.
lished in the city of Dubuque, the
1st of which shall be not less than
10 days prior to the day fixed for
Its consideration and unless prop.
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec.
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 10th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
April 27, 1976
To the Honorable Mayor
and City Council
I hereby submit an agreement
with the Iowa Department of
Transportation for the paving of
Jackson Street from 12th to 22nd
Street. We are presently advertis-
ing for bids on the section from
22nd to Diamond, and now would
like to proceed with the section
from 12th to 22nd. The project
was broken down into these two
stages in order to better meet
Federal Aid to Urban Systems
funding requirements.
This agreement allows for the
use of FAUS funds for 70% of
the $158,321 project cost. The re-
maining 30% is to be made up of
Special Session, May 10, 1976 225
special assessments and City share.
The project consists of an as-
phalt overlay from 12th to 22nd
Street, with new school crossing
signals at 15th and Jackson.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 159-76
Resolution authorizing execution
of agreement between City of
Dubuque, Iowa and Iowa Dal•
partment of Transportation re-
lating to the repaving of Jack.
son Street from 12th Street to
22nd Street.
That the Mayor and City Clerk
be and they are hereby authorized
and directed to execute agreement
number 76-F-052 with the Iowa
Department of Transportation, two
copies of which are attached, re-
lating to the repaving of Jackson
Street from 12th Street to 22nd
Street.
Pased, approved, and adopted
this 10th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
CIty Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
RESOLUTION NO. 160.76
Approval of Preliminary Esti-
mate, Proposed Plans, Specifica-
tions and all other documents for
construction of Expansion of Wa-
ter Treatment Plant and Construc-
tion of Water Plant Solids and
Handling Facilities, in the esti-
mated amount of $8,039,010, pre-
sented and read. Councilman Stack -
is moved adoption of the resolu.
tion. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully. Wertzberger.
Nays—None,
RESOLUTION NO, 161-76
RESOLUTION providing for a
hearing on proposed plans, spec.
ifications and form of contract
for improvements and extensions
to the municipal waterworks
plant and system in and for the
City of Dubuque, Iowa, and pro-
viding for taking bids in connec-
tion therewith.
WHEREAS, the City of Dubuque,
in Dubuque County, Iowa, did here.
tofore establish a municipal wa.
terworks plant and system in and
for said City which has for many
years been supplying water and
water service to said City and its
inhabitants, and the management
and control of said plant and sys-
tem is vested in the City Council
of said City and no board of trus-
tees has ever been created for
this purpose: and
WHEREAS it is necessary and
desirable that said municipal wa-
terworks plant and system be im-
proved and extended by expanding
and improving the water treat-
ment plant and by constructing
water plant solids handling facil-
ities, together with necessary
equipment, accessories and appur-
tenances, and proposed plans,
specifications and form of con-
tract for said improvements and
extensions have been prepared by
Henningson, Durham & Richard-
son, Inc., Engineers, Omaha, Ne.
braska, and Cullen, Kilby, Carolan
& Associates, P.C., Dubuque, Iowa,
and filed with the City Clerk; and
WHEREAS the estimated cost
of said improvements and exten-
sions is $8,039,010.00 and it is
necessary to fix a time and place
of hearing on said proposed plans,
specifications and form of contract,
to provide for the taking of bids
in connection therewith and to
give notice thereof;
NOW, THEREFORE, Be It and It
Is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa as follows:
Section 1. That the plans, speci-
fications and form of contract re-
ferred to in the preamble hereof
226 Special Session, May 10, 1976
be and the same are hereby ap-
proved, subject to the hearing
hereinafter provided, and that the
24th day of May, 1976, at 7:30
o'clock P.M., at the Council Cham-
bers in the City Hall in the City
of Dubuque, Iowa, is hereby fixed
as the time and place of hearing
on said proposed plans, specifica-
tions and form of contract for the
improvements and extensions to
the municipal waterworks plant
and system in and for said City
of Dubuque, Iowa, referred to in
the preamble hereof.
Section 2. That the 29th day of
June, 1976, at 10:00 o'clock A.M.
at the Council Chambers at the
City Hall, Dubuque, Iowa, is here-
by fixed as the time and place for
taking bids for said improvements
and extensions.
Section 3. That separate notices
of said hearing and of the receipt
of said bids be published by the
City Clerk in conformity with Sec-
tions 362.3, 384.96, and 384.102 of
the Code of Iowa 1975 as amended.
Passed and approved May 10,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilman
Attest:
Leo F. Frommelt
City Clerk
Recorded May 10, 1976.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 162-76
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 grant.
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
Evening Optimist Club of Du.
buque, McAleece Field (Also
Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 163-76
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
occupied by such appplicants were
inspected and found to comply
with the Ordinances 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 follow-
ing named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Evening Optimist Club of Du-
buque, McAleece Field (Also
Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, May 10, 1976 227
RESOLUTION NO. 164.76
WHEREAS, applications for
Liquor Licenses have been sub-
mitted to this Council for approv-
al and the same have been exam-
ined;
NOW THEREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi-
sions of Chapter 131, Acts of the
First Regular Session, 64th Gen-
eral Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Riverside Bowl, Inc.. 1860 Haw-
thorne St. (Also Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 165-76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of
this Council; and
WHEREAS, the premises to be.
occupied by such applicants were
inspected and found to comgly..
with the State Law and all CIII
Ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE 1T RE-
SOLVED by the City Council o
Dubuque, Iowa, that the Mana r
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Riverside Bowl, Inc., 1860 lfaw-
thorne St, (Also Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Mayor Lundh moved to cancel
the Hearing for Franklin Presley
d/b/a The Broken Spur at 342
Main Street, scheduled for May
17th. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
228 Adjourned Special Session, May 17, 1976
City Council
Adjourned Special Session, May
17, 1976.
Council met at 7:30 P.M. (C.D,T.)
Present — Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gilbert
D. Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this Meeting
is AN ADJOURNED MEETING OF
THE SPECIAL MEETING OF
APRIL 19, 1976, TO CONSIDER
AN AMENDMENT TO ZONING
ORDINANCE NO. 32-75 OF VARI.
OUS PROPERTIES IN THE WASH-
INGTON STREET NEIGHBOR-
HOOD and acting upon such other
business as may properly come be.
fore a Regular Meeting of the
Council.
The following proclamations
were approved and signed—Week
of June 19-27 as "National Tennis
Week" and Sunday, June 20, 1976,
as Colts Drum and Bugle Corps
"Music On The March Day".
Communication of Association
of Wa-tan-ye Clubs, Inc. hoping to
publicize a Bicentennial Queen
and King Contest and requesting
to appear before the Council on
May 17th, presented and read. Lo-
retta Meyer and Darlene O'Connell
addressed Council relative to com-
munication. Councilman Stackis
moved that the communication be
received and filed and Contest be
endorsed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Youth Ser-
vices Board of Directors submit-
ting minutes of their meeting of
April 20, 1976, presented and read.
Councilman Tully moved that the
minutes be received and filed. Sec-
onded by Councilman Wertzber-
ger. Carried by the following vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, fully, Wertzberger.
Nays—None,
Communication of Dubuque
Transit Trustee Board submitting
minutes of their meeting of April
29, 1976, presented and read. Coun.
cilman Tully moved that the min.
utes be received and filed. Sec-
onded by Councilman Wertzber.
ger. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dock Commis.
sion submitting minutes of their
meeting of April 21, 1976; along
with a track use report and wharf.
age study, presented and read.
Councilman Tully moved that the
communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Neva L.
Shoars, President of Hill Neighbor-
hood Ass'n. expressing their
thanks to the Council for oppor-
tunity given to them at the last
meeting, presented and read.
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of East Central
Intergovernmental Ass'n. submit-
ting a survey of interest in shar-
ing professional services in both
engineering and legal services and
requesting completion, presented
and read. Councilman Stackis
moved that the communication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Playground do
Recreation Commission submitting
minutes of their meeting of May
10, 1976, presented and read.
Councilman Tully moved that the
minutes be received and filed. Sec.
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Adjourned Special Session, May 17,1976 229
Communication of DOT, ad-
dressed to the Mayor, referring to
the Bikeway Demonstration Pro-
gram. referring to information and
guideline material for submitting
a proposal to participate in a $6
million Federal Program, present-
ed and read. Councilman Tully
moved that the communication be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of DOT, ad-
dressed to the Mayor, submitting
copies of Transplan 76 and the
Summary of Transplan 76, as ap
proved by them in March. 1976.
presented and read. Councilman
Tully moved that the communica-
tion be received and filed and re-
ferred to the City Manager. Sec-
onded by Councilman Wertzberger.
Carried by the following vote..
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Citizens Ad
visory Commission submitting min-
utes of their meeting of May 12,
1976, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Recreation
Commission submitting status re-
port on meeting between Recrea-
tion Department and Men's Soft
Ball Assn. regarding cost of op-
erating the soft ball program, pre-
sented and read. Mayor Lundh
moved that the communication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundli, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
May 13, 1976
Honorable Mayor and Members
of the City Council:
have
bond tile
fs dewalk
construction certificates for the
following:
CONTINUATION CERTIFICATES
Schwers Construction Co. The
Merchants Mutual Bonding Co.
$1000. IA -24258, continued to
4-24-77.
Lloyd P. Luber, The Merchants
Mutual Bonding Co. $1,000 Bond
No. 253247, continued to March
5, 1977.
Ruth C. Timmerman d/b/a Tim-
merman Construction Co. Uni-
versal Surety Co. continued to
April 30, 1977.
We also have for filing and ap-
prove by the City Attorney the fol-
lowing General Liability policy as
follows:
Egelhof Funeral Home et al, Bi-
tuminous Casualty Corporation
Policy No. GA 774257 from May
18, 1976 to May 18, 1977. (rental
of city owned parking lot)
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the Communication be received
and filed and approved for filing.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Airport Com-
mission submitting minutes of
their meeting of May 12th and
13th, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 14, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and 'Zoning Commission has re-
ceived the petition of Mr. Ken
Schromen, hereto attached, re-
questing consideration of C-1 Com-
mercial District zoning on his
property at 2769 Central Avenue
in the City of Dubuque, Iowa.
The subject property described
as Lot 261 of Davis Farm Addi-
tion, is zoned R4 Residential Dis-
trict on the current map, but had
been classified in the "A" and 'B"
Business District classification
prior to the adoption of the new
Zoning Map. Mr. Schromen Is re.
230 Adjourned Special Session, May 17, 1976
questing that the property be re-
classified to permit business use.
The Planning and Zoning Commis-
sion will review this petition at
their meeting of May 19th.
Daniel Dittemore
Development Planner
Mayor Lundh moved that the
communication be received and
filed and referred to Planning &
Zoning Commission. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 6, 1976
Honorable Mayor and
City Councilmen
Claim was filed by Michael Lee
Humphries against the City of Du-
buque in the amount of $45.02 for
alleged damage to his motor vehi-
cle on December 24, 1975, occur-
ring as a result of driving over a
protruding pipe on Roosevelt St.
This matter was referred to the
City Attorney who has made an
investigation thereof, and claim-
ant has made an offer of settle-
ment in the amount of $45.00. In
view of the foregoing it is the rec-
ommendation of the City Attorney
that said offer of settlement be ac-
cepted and that the City Auditor
be directed to prepare a warrant
payment to Michael Lee Humph-
ries in the amount of $45.00 and
transmit same to the City Attor-
ney for delivery upon receipt of
properly executed releases.
R. N. Russo
City Attorney
Councilman Tully moved that
the communication be received
and filed and recommendation of
settlement be approved. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Expiration of right of
redemption and for taking Tax
Deed on the property in East Du-
buque Addn., formerly owned by
Pat J. Norton Estate (property
along R.R. Tracks at 12th St.), pre-
sented and read. Councilman Tully
moved that the Notice be referred
to the City Attorney for proper
proceedings. Seconded by Coun.
cilman Wertzberger. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32.75,
known as the "Zoning Ordinance
and Zoning Map of the City of Du.
buque, Iowa" so as to reclassify
hereinafter described properties
bounded on the North by East
14th Street, on the West by White
Street, on the South by East 12th
Street and on the East by Wash.
ington Street from the C-4 General
Commercial District to the OR -1
Office -Residential District Classi-
fication; and to further amend Or.
dinance No. 32-75 by reclassifying
hereinafter described properties
bounded on the North by East 14th
Street, on the West by Washington
Street, on the South by East 13th
Street and on the East by the
alley lying between Elm Street
and the Railroad Tracks from the
H-1 Heavy Industrial District to
the OR -1 Office -Residential District
Classification, said Ordinance hav-
ing been previously presented at
the Council Meetings of March 29,
1976 and April 19, 1976, presented
and read. Councilman Brady
moved to suspend the rules to let
anyone present address the Coun-
cil if they so desire. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
John J. "Hank" Waltz spoke rel-
ative to the proposed Ordinance,
stating Homes were in the area
prior to zoning of any type;
Working Seven Months on the
project with little results; Willing
to concede to go Commercial in
the area as long as homes present-
ly in the area are considered;
Asked to include Whelan Block
in the proposal.
Attorney Michael King, repre.
senting residents of the Washing-
ton Street Neighborhood, stated
trend in the area is the same;
No new residences built in the
area in the last 30 years; Request
eleviating possible burdens. Coun-
cilman Tully moved to table the
Original Ordinance. Seconded by
Adjourned Special Session, May 17,1976 231
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays—Councilman Wertzberger.
May 14, 1976
Honorable Mayor and
City Council
Your consideration of zoning is-
sues in portions of the Washing-
ton neighborhood south of 14th St.
has now come to focus on two
points:
1. Existing residences in the C-4
and H -I districts are potentially
non -conforming uses and may suf-
fer some restriction on the extent
of maintenance, repair or rebuild-
ing that may be undertaken. A
staff report was submitted which
indicated that a more liberal in-
terpretation of the ordinance was
possible, and that within the C-4
district residential uses could be
administered as conforming uses.
It is acknowledged, however, that
the matter is not clear and that
the ordinance might be amended
to resolve any uncertainty.
2. While many or perhaps a ma-
jority of property owners may
find their best interests to lie in
continuation of commercial or in-
dustrial zoning, the random incur-
sion of such uses can cause sub-
stantial injury to adjacent residen-
tial uses due to lack of appropri-
ate controls on commercial expan-
sion.
The adoption of the proposed
OR -1 zoning would contain similar
burdens for the commercial uses
already present in the area. The
Council has asked that some means
be found to alleviate those bur-
dens from either residential uses
in the present zoning classification,
or from the commercial uses in
the event of a zoning map amend-
ment. Discussions at the Council
table brought forth a variety of
remedies that would be specific
to the area. However, similar
mixed-use situations have been
brought to our attention, particu-
larly in the area north of 32nd
Street. It is our recommendation
that an appropriate remedy in the
Washington neighborhood, and in
similar situations, would lie in two
amendments to the text of the
zoning ordinance that would be
uniformly applicable to all such
mixed-use districts.
We recommend as follows:
I. That Section 5.106 of the zon.
ing ordinance be repealed and that
a new Section 5.106 be adopted in
lieu thereof as follows:
Section 5.106. Residential Dwell-
ing Permitted in Commercial
and Light Industrial Districts.
Within any C-1, C-2, C-3, G4,
C-5, or L -I District residential
dwellings shall be permitted in
accordance with applicable
standards of the OR -1 district,
except that not less than one
off-street parking space must be
provided for each dwelling unit.
Residential uses in the C-5 dis-
trict shall be exempted from
off-street parking requirements.
The foregoing amendment will
also require that the provisions of
the Light Industrial District be
amended to repeal that part of
Section 4-119.5 which lists residen-
tial use as a prohibited use.
2. That the zoning ordinance be
amended to add a new Section 5-
102.3 as follows:
Section 5.102.3. Yard Setback Re-
quired in Certain Commercial
and Light Industrial Districts.
Within any Commercial (C) Dis-
trict or Light Industrial District
(LI), any new structure or use
of land hereafter established on
a lot abutting an occupied resi-
dential structure shall be re-
quired to provide a front yard
setback equal to the front yard
setback of such abutting resi-
dential structure, or equal to
the average setback where such
property is abutted on two sides
by occupied residential struc-
tures; providing further that
such front yard setback shall
not be required to exceed 15
feet unless so provided by the
regulations of the applicable
zoning district. Any new struc-
ture or use of land hereafter es-
tablished on a lot abutting an
occupied residential structure
shall also be required to provide
a side yard or rear yard opposite
such abutting residential struc-
ture so that the distance be-
tween structures shall be not
less than 6 feet.
The Site Planning requirements
now in force in Section 5-103 also
apply to the C-4 and L•I Districts,
and serve to strengthen the pro-
tections against adverse commer.
232 Adjourned Special Session, May 17, 1976
cial encroachment into residential
properties.
In addition to the text amend-
ments noted above, we also rec-
ommend consideration of a Zoning
Map amendment that would change
portions of the Washington neigh-
borhood south of 14th Street from
the Heavy Industrial (HI) District
to the Light Industrial (LI) Dis-
trict, as shown on the map marked
exhibit "A". You may also wish to
consider expansion of the area
converted from H -I to L -I District
to include other property in the
vicinity where concentrations of
residential structures now exist.
The intent of the foregoing
amendments is to stabilize land -
use conditions in this portion of
the Washington neighborhood for
the duration of a more rigorous
neighborhood planning process. At
the conclusion of that process, we
hope to provide a more permanent
and comprehensive program for
resolving land -use conflicts and
other problems besetting this area.
If the recommendations meet
with your approval, we will pre-
pare appropriate ordinances and
initiate proper proceedings for
their adoption.
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received
and filed, recommendations ap-
proved, and referred back to Plan.
ning & Zoning Commission to
draw up an appropriate Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays—Councilman Wertzberger.
Proof of Publication, certified
to by the Publisher, of Notice of
Hearing to amend Zoning Ordi-
nance No. 32-75 by changing from
R-3 Residential District to L -I Light
Industrial District on lots in Jae-
ger Subdivision, 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 Council.
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
NaYs—None.
ORDINANCE NO. 18.76
An Ordinance amending and
changing Ordinance No. 32.75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa," so as to reclas.
sify hereinafter described por•
tions of Lots 14, 15, 16, 17 and
18 in Jaeger's Subdivision from
the R-3 Residential District
Classification to the L-1 Light
Industrial District Classification,
Said Ordinance having been pre.
viously presented and read at the
Council meeting of April 26, 1975,
presented for final adoption.
ORDINANCE NO. 18-76
An ordinance amending and chang-
ing Ordinance No. 32-71, known as
the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa,"
so as to reclassify hereinafter de-
scribed portions of Lots 14, 11, 16,
17 and 18 in Jaeger's Subdivision
from the R-3 Residential District
classification to the L-1 Light Indus-
trial District classification.
NOW THEREFORE. Be It Ordained
by the City Council of the City of Du-
buque, Iowa:
SECTION 1. That Ordinance No. 32-
71 known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
lows" be and the same is hereby amend-
ed by changing from "R-3 Residential
District" classification to "L -I Light In-
dustrial District" classification the fol-
lowing described real estate, to wit;
the East 123 feet of Lot 18; the
Southeast 123 feet of Lot 17; the
Southeast 123 feet of Lot 16; the
East 123 feet of Lot 11; and the
East 123 feet of Lot 14 (except the
railroad right-of-way) all in Jaeger's
Subdivision in the City of Dubuque,
Iowa.
SECTION 2. That the foregoing
amendment has heretofore been approved
by the Planning and Zoning Commis-
sion of the City of Dubuque, Iowa.
Passed, adopted and approved this 17th
day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of May
1976.
Leo F. Frommel[
City Clerk
It 1/20
Adjourned Special Session, May 17, 1976 2333
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Park Board of
City submitting a resolution and
ordinance to prohibit consumption
and use of intoxicating liquor, wine
or beer in parks under ten acres,
presented and read.
Fred Apel of the Park Board
addressed the Council relative to
the communication. Councilman
Stackis moved that the communica-
tion be received and filed. Second.
ed by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
DUBUQUE PARK 'BOARD
RESOLUTION NO. .......76
RESOLUTION APPROVING
AMENDMENT TO ORDINANCE
NO. 24-69
WHEREAS, the Park Board of
the City of Dubuque, Iowa, believes
that Ordinance No. 24-69 should be
amended to prohibit the drinking
of liquor, wine or beer in the parks
named in the attached Amendment
to Ordinance; and
WHEREAS, the Park Board of
the City of Dubuque, Iowa, believes
the enactment of such an Ordi-
nance would serve the best public
interest and the said Park Board
does hereby recommend to the
City Council, City of Dubuque,
Iowa, the enactment of such
amendment.
NOW THEREFORE BE IT RE-
SOLVED BY THE PARK BOARD
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the Park Board
of the City of Dubuque, Iowa
does hereby recommend to the
City Council and urges the City
Council of the City of Dubuque,
Iowa, to adopt the attached Amend.
ment to Ordinance No. 2469 to
Prohibit the consumption or use
Of intoxicating liquor, wine or
beer, in the parks specified in
said amendment.
Section 2. That the Park Board
finds and determines that the
adoption of such Amendment
would serve the public welfare
and interest, and urges the City
Council to adopt said Amendment
in order to become effective upon
the opening of the parks of the
City of Dubuque, Iowa, in May of
1976.
Passed, adopted and approved
this 13th day of May, 1976.
David J. Willoughby
Fred Apel
Thomas G. Schrup
Attest -
Richard J. Kramer
Councilman Stackis moved that
the Park Board Resolution be re-
ceived and filed and made a mat.
ter of record. Seconded by Coun.
cilman Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 19.76
An Ordinance amending Ordi.
nance No. 24.69 by repealing
section 3 thereof and enacting
a new Section 3 in lieu thereof
to prohibit the consumption or
use of intoxicating liquor, wine
or beer in Cleveland Park, Mad.
ison Park, Jackson Park, Wash-
ington Park, Caledonia Park,
Jefferson Park, Flat Iron Park,
Grant Park, Oakwood Park, Play
Lot at 17th & Elm, Allison Hen-
derson Park and Maus Conserva-
tion Park,
Presented and read. Council-
man Tully moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays—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 dis-
pensed with. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays --Councilman Stackis.
Adjourned Special Session, May 17, 1976
ORDINANCE NO. 19-76
An ordinance amending Ordinance
No. 24-69 by repealing Section 3
thereof and enacting a new Section
3 in lieu thereof to prohibit the con-
sumption or use of intoxicating liq-
uor, wine or beer in Cleveland Park,
Madison Park, ,Jackson Park, a'ash-
ington Park, Caledonia Park, Jeffer-
son Park, Flat Iron Park, Grant Park,
Oakwood Park, Play Lot at 17th bt
Elm, Allison Henderson Park and
Maus Conservation Park.
NOW THEREFORE Be It Ordained
by the City Council, City of Dubuque,
Iowa:
SECTION 1. That Ordinance No. 24-
69, be and the same is hereby amended by
repealing Section 3 thereof and enacting
a new Section 3 in lieu thereof as fol-
lows:
"SECTION 3, The consumption or use
of intoxicating liquor, wine or beer in
promiscuous manner by any person is
hereby prohibited. No beer in containers,
commonly referred as keg bar, shall be
brought into any park or parkway by
any person.
a. The consumption or use of intoxi-
cating liquor, wine or beer is pro-
hibited in the following named
parks to wit, Cleveland Park, Madi.
son Park, Jackson Park, Washing-
ton Park, Caledonia Park, Jeffer-
son Park, Flat Iron Park, Grant
Park, Oakwood Park, Play Lot 17th
ik Elm, Allison Henderson Park,
Maus Conservation Park."
Passed, adopted and approved this 17th
day of May, 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 20th day of May
1976.
Leo F. Frommelt
1t 5/20 City Clerk
Councilman Tully moved final
adoption of the Ordinance. Sec-
onded by Councilman Brady. Car-
ried by the followwing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays—Councilman Stackis.
Councilman Brady submitted the
following proposal as an amend-
ment to the Park Board Ordi-
nance.
"Add to section 3
b. The consumption or use of
intoxicating liquor, wine or beer
is prohibited except in those
cases where a park drinking per.
mit has been issued in the fol.
lowing parks to -wit: Murphy, Ea.
gle Point, Flora and F.D.R. parks.
The Board shall have the author.
ity to issue or deny such permits
to applicants as may apply to the
Park office at least 24 hours in
advance of the permit use. Such
permit shall be valid any time
from opening to closing of the
park specified on the permit, so
long as the person to whom the
permit is issued is present. The
permit holder is responsible for
all clean-up of cans, litter, and
shall be held responsible for any
violations of law. That this permit
shall be displayed so as to be vis.
ible to law enforcement officials,
and must be presented on demand.
c. Enforcement of a and b pen-
alty clause"
Councilman Tully moved that
the proposed amendment be re.
fered to the Park Board for con-
sideration and to report back to
the Council also to seek Advisory
Commission input. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Councilmen Brady, Tully.
Wertzberger.
Nays—Mayor Lundh, Council-
man Stackis.
May 14, 1976
Honorable Mayor and
City Council
The A -OK Yellow Cab Compa-
ny, Inc. recently submitted to the
Council a request for increased
taxicab rates in the city.
We have had a meeting with
the management of the cab com-
pany, have reviewed their finan-
cial statement and have concluded
that a rate increase is justified.
From the attached financial
statement it can be noted:
Sales in 1975 were $274,662.10
Net Profit 10,515.50
Current Assets 14,045.35
Current Liabilities 26,353.65
The present rate is 900 for the
first. 1, mile and 10¢ for each
additional 1 mile. The proposed
rate is $1.00 for the first t/a mile
and 200 for each additional 'a
mile.
For a trip of lata miles the pres-
ent charge is $1.70. Under the pro.
posed rates a trip of 13/4 miles
would cost $2,20. The additional
Adjourned Special Session, May 17, 1976 235
50¢ charge represents a 29.4% in-
crease. If one applies this percent-
age to the sales reported by the
cab company in 1975, the rate in-
crease would generate $80,750.
The cab company maintains that
approximately 6017c of any in-
crease will be absorbed in pay-
roll costs; specifically in commis-
sion to drivers and related payroll
taxes. Consequently the net in-
crease in profit to the company
with the rate increase could be as
much at $32,300. The company
contends that this additional reve.
nue is needed to cover current
operating expenses and for the ac-
quisition of newer equipment.
Your adoption of this ordinance
is recommended.
Francis A. Murray
Assistant City Manager
Mrs. Luerkens, owner of the
Taxicab Company, addressed the
Council relative to the request
for increased taxicab rates in the
City. Councilman Stackis moved
that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
ORDINANCE NO. 20.76
An Ordinance amending Ordi-
nance No. 11.69 by repealing
Section 2 thereof and enacting a
new Section 2 in lieu thereof to
provide for the fixing and es-
tablishment of rates and prices
for transportation of passengers
by taxicab,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Mayor Lundh. VOTE ON
THE MOTION WAS AS FOL-
LOWS:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully.
Nays—Councilmen Brady, Wertz-
berger.
MOTION FAILED DUE TO 3'4
VOTE REQUIRED.
Councilman 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 dis-
pensed with. Seconded by Mayor
Lundh. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully.
Nays—Councilmen Brady, Wertz.
berger.
MOTION FAILED DUE TO sa
VOTE REQUIRED.
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Mayor Lundh. VOTE ON
THE MOTION WAS AS FOLLOWS:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully.
Nays—Councilmen Brady, Wertz
berger.
MOTION FAILED DUE TO sa
VOTE REQUIRED.
Councilman Wertzberger moved
for reconsideration of the vote.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Councilman Stackis moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
ORDINANCE NO. 20-76
An ordinance amending Ordinance
No. I1-69 by repealing Section 2
thereof and enacting a new Section
2 in lieu thereof to provide for the
fixing and establishment of rates
and prices for transportation of pas-
sengers by taxicab.
NOW, THEREFORE, Be It Ordained
by the City Council of the City of Du-
buque, Iowa:
SECTION 1. That Section 2 of Ordi-
nance No. 11-69 be and the same is here-
by repealed and that a new Section 2 be
enacted in lieu thereof os follows:
SECTION 2. That Section 13 of Or-
dinance No. 33-57, as amended by Ordi-
nance No. 40-6$ is hereby repealed and
a new section 13 enacted in lieu thereof
as follows:
236 Adjourned Special Session, May 17, 1976
Section 13. The following are hereby
fixed and established as the rates and
charges for the transportation of pas-
sengers within the City limits of the
City of Dubuque, Iowa:
a. One passenger
First ( %4) mile $ 1.00
Each additional (%4) mile 20c
b. 1. Two or more passengers (not ex-
ceeding 1), some points of origin and
destination—related group:
First (%4) mile $1.00
Each additional (%4) mile 20e
Each extra passenger 23e
2. Two or more passengers—unrelated
group—each passenger pays metered
rate:
First (%4) mile $1.00
Each additional (%4) mile 20c
c. Two or more passengers (not exceed-
ing 1), same point of origin but dif-
ferent destinations:
Each passenger discharged pays met-
ered rate from origin.
Minimum charge in all cases shall be
$1.00.
d. Various points of origin and destina-
tion:
1. First passenger pays metered rate
as follows:
First ( %4) mile $1.00
Each additional (%4) mile 20c
2. Subsequent passengers pay as fol-
lows:
Drop Charge $1.00
Plus difference in recorded meter
charge (computed at 20c/ %4 mile)
from origin to destination.
e. Rates include ordinary luggage.
L Waiting charge will be $9.00 per
hour as recorded on time meter after
passenger is picked up.
g. When service is provided to more
than one (1) passenger on a trip, the
driver shall request and receive the
oral consent of the original passengers
before providing service to additional
passengers.
SECTION 2. That Ordinance No. 29-
74 passed and adopted the 22nd day of
April, 1974, be and the same is hereby
nPOSIC&
Passed, approved and adopted this 17th
day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzberger
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of May
1976,
Leo F. Frommelt
1t 1/20 City Clerk
Councilmen Stackis moved final
adoption of the Ordinance. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
Petition of Mrs. Charles Cushing
requesting a yield sign, slop sign
or speed limit sign placed at in.
tersection of Berkley & Oak Crest;
also showing concern about inter.
section at Dodge coming on to
Locust St. from under the bridge
and suggesting the installation of
a stop light, presented and read.
Councilman Tully moved that the
petition be received and filed and
referred to the Traffic Committee.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice to
Contractors of the receipts of pro-
posals for the reconstruction of
Jackson Street from 22nd to Dia-
mond Street, presented and read.
Councilman Tully moved that the
proof of publication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
May 14, 1976
To the Honorable Mayor
and City Council
Pursuant to your instructions,
scaled proposals were received un-
til 10:00 a.m., C.D.T., Friday, May
14, 1976 for the reconstruction of
Jackson Street from 22nd Street
to Diamond Street.
The low bid was submitted by
Tschiggfrie Excavating of Dubuque.
Iowa, with a bid of $155,095.78.
This bid is 35.4% under the Engi.
neer's Estimate.
I recommend that the contract
for the improvement be awarded
to Tschiggfrie Excavating of Du-
buque.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Adjourned Special Session, May 17,1976 237
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Awarding Contract)
RESOLUTION NO. 166.76
WHEREAS, scaled proposals
have been submitted by contractors
for the reconstruction of Jackson
Street from 22nd Street to Dia-
mond Street pursuant to Resolu-
tion No. 127-76 and notice to bid-
ders published in a newspaper
published in said City on April
22, 1976; April 29, 1976 and May
6, 1976; and
WHEREAS, said sealed proposals
were opened and read on May 14,
1976, and it has been determined
that the bid of Tschiggfrie Exca-
vating of Dubuque in the amount
of $155,095.78 was the lowest bid
for the furnishing of all labor and
materials and performing the work
as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Tschiggfrie Excavating, sub-
ject to the concurrence of the
Federal Highway Administration
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con.
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re.
turn the bid deposits of the un-
successful bidders.
Passed and adopted this 17th
day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Attest: Councilmen
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 167.76
Resolution requiring abutting
property owners to make sewer
and water and gas connections,
providing gas connections are
available as wanted at time of
street construction.
WHEREAS, the City Council
has heretofore adopted Resolution
No. 108-76, being the Resolution
of Necessity for permanently im.
proving Tower Drive.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the owners of
all property abutting on said im.
provement are hereby required to
make connections from the sewer,
water and gas mains to the curb
line of said property prior to May
31, 1976.
Section 2. That the City Clerk
is hereby authorized and directed
to serve a written notice on such
abutting property owners in ac-
cordance with Ordinance No. 128,
ordering compliance with this Res.
olution;
Section 3. That in the event any
such property owner shall fail or
refuse to make such connection
within the time set out in this
Resolution, then the City Manag-
er shall proceed to have said con-
nection made upon a contract
made and entered into for that
purpose and upon completion, re-
port said fact together with the
cost thereof to the City Council,
whereupon the cost of such con-
nection shall be assessed against
such abutting property.
Adopted this 17th day of May,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
238 Adjourned Special Session, May 17, 1976
May 12, 1976
Honorable Mayor and
Members of City Council
Contracts for the sale of urban
renewal land provide that the City
of Dubuque will issue Certificates
of Completion whenever the re-
quired improvements have been
satisfactorily completed.
The Ames Realty Company pur-
chased two parcels of land in 1970
upon which two buildings have
been erected. This land is located
on the easterly side of Iowa Street
at Ninth.
A Certificate of Completion was
issued for the corner structure in
1970. This particular building is
occupied by the Ames Office Sup-
ply Company. Construction of the
second building was not completed
until 1974, and during the past
week the parking lot adjacent to
the building was hard surfaced in
accordance with their approved
plan. This completes all outstand-
ing items against this building.
The enclosed resolution author-
izes the execution of a Certificate
of Completion for this second
building.
Gent M. Wittenberg
Director
Councilman Tully moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 168-76
Authorizing the Execution of a
Certificate of Completion for
Ames Realty, Inc.
WHEREAS, under date of Au.
gust 12, 1970, the City of Du•
buque entered into a contract foi
the Sale of Land for Private Re
development with Ames Realty
Inc. for the real estate hereinafter
described; and
WHEREAS, pursuant to thE
terms of the said contract the sub
jest real estate was subsequently
conveyed under date of October
19, 1970, by the City of Dubuquw
to Ames Realty, Inc. who con
strutted thereon certain improve
menta; and
WHEREAS, Section 307 of the
said contract provides that upon
completion of the improvements
the City of Dubuque will furnish
Ames Realty, Inc. a Certificate of
Completion; and
WHEREAS, it has been deter.
mined that the required improve.
ments have been satisfactorily
completed; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
a Certificate of Completion for
Ames Realty, Inc. for the improve-
ments located on Lot 2 of Subdivi-
sion of Block 2 in Dubuque Down.
town Plaza in the City of Dubuque,
Iowa, situated in the Downtown
Urban Renewal Project, Iowa R-15.
Section 2. That the Clerk be and
he is hereby authorized and di-
rected to file a copy of this reso-
lution and the executed copy of
the Certificate of Completion in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 17th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 14, 1976
Honorable Mayor and
City Council
A Concept Statement and pre-
liminary engineering feasibility
study for a proposed impoundment
structure on the North Fork of the
Catfish Creek was presented to
the City Council on December 23,
1974. Since that time, we have
been unable to make significant
Adjourned Special Session. May 17, M6 239
progress because of unforeseen
delays in establishing a corridor
location for the roadway portion
of the project.
As you know, the corridor loca-
tion study for the North-West Ar-
terial is now underway and a
schedule of work on that project
now indicates that we may again
take up the matter of the impound-
ment structure in sequence with
that roadway study.
The Soil Conservation Service
has prepared the enclosed Water-
shed Work Plan, and we request
an opportunity to present this
plan to you. The Work Plan pro
poses a sequence of activities lead-
ing to implementation of the proj-
ect, set forth on page 5. We rec-
ommended that the plan be adopt-
ed, and that the Mayor and City
Clerk be authorized to endorse
their approval on it. We have at-
tached a resolution for this pur-
pose.
You should note the resolution
also instructs the city staff to
commence land rights acquisition
and preparation of a financing
plan. We feel that it is possible
to begin those negotiations now,
in expectation that approval of a
roadway corridor location would
occur during the period of a land
purchase option.
We are aware that several prop-
erty owners in the vicinity of the
project have voiced concern about
the impact of the project. The
Council may wish to consider a
special public hearing even though
final project details, costs, and
other specific features may not be
finally resolved.
We look forward to an oppor-
tunity to review these matters
with you.
Daniel Dittemore
Development Planner
State and local soil conservation
officers, Wm. J. Brune, Joseph G.
Maiers, Earl Kerker, Gary Forma-
nek and Harold Boehmer spoke to
the Council relative to the pro-
posed impoundment structure on
the north fork of the Catfish
Creek.
Attorney Stephen Scott, repre-
senting Mr. Joe Siegert, also Mr.
Siegert himself, addressed the
Council seeking information as to
what is going to be done in the
area of the Siegert farm property.
The City has cut off Hillcrest and
Aurora streets at the border of
his property which seems to be
unfair according to Mr. Siegert.
Councilman Wertzberger moved
that the communication of the
Planning and Zoning Commission
be received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 169.76
A Resolution approving a work
plan for the North Fork Catfish
Creek Watershed Project, and
requesting the preparation of
final engineering plans and spec-
ifications by the Soil Conserva.
tion Service USDA.
WHEREAS, a project concept
statement and preliminary engi-
neering feasibility study has been
prepared for a proposed impound-
ment structure to be located on
the North Branch of the Catfish
Creek in the vicinity of the present
westerly Dubuque city limits; and
WHEREAS, said engineering
feasibility study has established
that certain benefits to property
within the City of Dubuque may
be derived through said project
and that downstream flood haz.
ards and drainage problems may
be alleviated thereby; and
WHEREAS, the Soil Conserva.
tion Service, USDA, has presented
a proposed Watershed Work Plan,
hereto attached and marked Ex-
hibit A;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa.
Section 1. That the Mayor and
City Clerk are hereby authorized
and directed to endorse the ap-
proval of the City of Dubuque,
Iowa upon the Watershed Work
Plan for North Fork Catfish Creek,
hereto attached and marked Ex-
hibit A.
Section 2. That the City Man-
ager, City Solicitor, and staff are
J
240 Adjourned Special Session, May 17, 1976
directed to undertake such assign-
ments as are specified in the afore.
said Watershed Work Plan, includ-
ing but not limited to determina-
tion of necessary land rights, ne-
gotiation of land rights acquisi-
tion, investigation of project costs,
construction schedules, and financ-
ing plans, and coordination of wa-
tershed and drainage improvement
activities with proposed corridor
locations for a North-West Arterial
roadway.
Passed, adopted and approved
on this 17th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Wertzberger moved
that the City Council meet the
first and third Monday of each
month starting June 7th, 1976, ef-
fective June, July and August. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 170-76
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 "C" BEER PERMIT
Walgreen Co., 555 J. F. Kennedy
Drive
Passed, adopted and approved
[his 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop•
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 171.76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun.
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Walgreen Co., 555 J. F. Kennedy
Drive
Passed, adopted and approved
this 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor I.undh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Adjourned Special Session, May 17, 1976 241
RESOLUTION NO. 172.76
WHEREAS, applications for Liq-
uor 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 ap-
proved and licenses issued upon
the compliance with the provisiuns
of Chapter 131, Acts as the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
D.B.Q. Inc., dba Shot Tower Inn
(Also Sunday Sales) 390 Locust
St.
Passed, adopted, and approved
this 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 173.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
With the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
D.B.Q. Inc., d/b/a Shot Tower Inn
(Also Sunday Sales) 390 Locust
St.
Passed, adopted and approved
this 17th day of May 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
A Resolution endorsing con-
struction of the new Dubuque
County Care Facility and urging
its citizens to vote "Yes" for the
$2,200,000. bond issue on June 8,
1976, presented and read. Council-
man Tully moved that the resolu-
tion be tabled until next week. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
At 10:13 P.M. Councilman Tully
moved to go into Executive Ses-
sion to consider appointments to
various boards and commissions.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wermberger.
Nays—None.
Council reconvened in regular
session at 10:35 P.M.
Mayor Lundh announced the fol-
lowing appointments: Neva Shoars
and Merle Bandy to the Commun-
ity Development Commission rep-
resenting the newly -formed Hill
Street Neighborhood Assn.
Councilman Stackis moved rat.
ification of the appointments. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
242 Adjourned Special Session, May 17, 1976
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
There being no further business,
Councilman Tully moved to ad.
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
Special Session, May 24, 1976 243
CITY COUNCIL
OFFICIAL
Special Session, May 24, 1976.
Council met at 7:30 P.M. (C.D.T.)
Present --Mayor Lundh, Council- i
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D. i
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING CONTRACTOR'S PRO-
POSALS AND POSSIBLE AWARD
OF CONTRACT FOR THE CON-
STRUCTION OF CITY OF DU-
BUQUE 1976 ASPHALT PAVING
PROJECT NO. 1, and acting upon
such other business as may proper-
ly come before a Regular Meeting
of the Council.
Mayor Lundh signed a proclama-
tion proclaiming eight days from
July 13th to 21st as "Operation
Friendship Week".
RESOLUTION NO. 174.76
ENDORSING MAY 26, 1976 AS
"WHEELCHAIR AWARENESS
DAY"
Whereas, the 26th day of May,
1976, has been designated by
PROJECT ACCESS DUBUQUE as
"Wheelchair Awareness Day";
And whereas, such project has
called upon individual and collec-
tive resources of the citizens of the
City of Dubuque to respond and
make "Wheelchair Awareness
Day" a success;
And whereas, the City Council
of the City of Dubuque, Iowa, does
wholeheartedly endorse such proj-
ect;
And whereas, the City Council of
the City of Dubuque, Iowa, desires
to go on record in committing its
spiritual assistance to the end that
said project may enjoy city-wide
acceptance and participation;
Now therefore:
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA,
1. That the City Council of the
City of Dubuque, Iowa, does here-
by proclaim May 26, 1976, as
"Wheelchair Awareness Day";
2. That the City Council of the
City of Dubuque, Iowa, urges every
citizen and inhabitant of this com-
munity to join in this worthwhile
project;
3. That the City Council of the
City of Dubuque, Iowa, does for-
mally go on record in committing
its spiritual support to this com-
munity effort and encourages all
inhabitants and citizens of this
community to lend whatever as-
sistance is needed to make this ef-
fort succeed.
Passed, adopted, and approved
this 24th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
At 8:00 P.M. Councilman Tully
moved to go into Executive Session
to discuss pending lawsuit. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Council reconvened in Regular
Session at 8:47 P.M. stating discus-
sion was concerning pending legis-
lation.
Communication of UAW Local
94 advising of a rally to be held
at City Hall on Monday, May 24th,
to indicate awareness that they as
consumers want an Ordinance re-
quiring individual pricing on items
purchased through a scanner sys-
tem, presented and read.
Councilman Tully moved that
the communication be referred to
the City Solicitor and he be re-
quested to draft \,#n Ordinance in
accordance with recommendation
of Advisory Commission and solicit
input of both union bodies. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays --Councilman Wertzberger.
244 Special Session, May 24, 1976
Communication of Recreation
Commission advising that Tom
Gibbs is nearing completion of a
sculpture and in order to provide
for proper placement, they are re-
questing one or two Councilmen to
serve on a committee along with
members of the Recreation Com-
mission for recommendations, pre-
sented and read. Councilman
Wertzberger moved that the com-
munication be received and filed
and Mayor Lundh to make appoint-
ment and report back to Council.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Mayor Lundh appointed Council-
man Brady to serve on the com-
mittee.
Communication of L. C. Wolff
advising of the purchase of two
lots on the end of Sullivan Street
which were zoned for duplex hous-
ing in 1974 at the time building
permits were acquired but due to
financial difficulties was unable to
proceed with construction at that
time, since then the Zoning Class-
ification has been changed and re-
questing zoning classification be
returned to status of 1974 class-
ification, presented and read. Coun-
cilman Tully moved that the com-
munication be referred to the
Planning & Zoning Commission.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays—Councilmen Brady, Stack -
is.
Communication of Attorney
Clemens, in behalf of Tyrone Put-
chio of 1682 Ohio Street, and ad-
jacent to Stardust Beauty Salon at
2840 Pennsylvania, who have ere
ated an increase in parking and
as a result the salon and neighbor-
ing apartments are not in compli-
ance with yard requirements under
the present ordinance and if a vio-
lation exists the zoning law should
be enforced, presented and read.
Councilman Tully moved that the
communication be referred to Plan-
ning & Zoning Commission. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays—Councilman Brady, Stack.
is.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of May
19, 1976, presented and read. Coun-
cilman Tully moved that the min-
utes be received and filed. Second.
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
Communication of Housing Com-
mission submitting minutes of
their meeting of May 18, 1976, pre.
sented and read. Councilman Tully
moved that the minutes be receiv-
ed and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
May 18, 1976
Honorable Mayor
and City Council
The city electrical inspector has
inspected the street lighting re-
quirement of the Stonehill Devel-
opment project and he has recom-
mended that five 175 watt mercury
vapor fixtures be installed on
metal standards which the devel-
oper has located along the public
right-of-way.
It is requested that you approve
the installation of these lights.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed and request be approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 18, 1976
Honorable Mayor
and City Council
I herewith submit the reports of
the City Treasurer, Water Super-
intendent, Finance Director, Health
Department, and a list of claims
paid, for the month of April 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Special Session, May 24, 1976 245
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Receipts
and Expenditures, also list of
claims for month of April, 1976,
presented and read. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 21, 1976
Honorable Mayor
and City Council
The Planning and Zoning Com-
mission has been informed of sev-
eral recent inquiries regarding the
status of proposed zoning restric-
tions on recreational vehicle stor-
age. You may recall that the Zon.
Ing Ordinance No. 32-75, included
provisions regulating the off-street
storage of vehicles in Residential
Districts. That set of provisions,
shown as Section 5-101.4 (attached)
is to become effective on July 1,
1976.
At the time of Ordinance adop-
tion, the Council had deferred the
effective date of those provisions
but the reasons for deferral were
not made clear. It was uncertain
whether the intervening period was
to permit further review of the
provisions, acquisition of a public -
sponsored storage area, or oppor-
tunity for vehicle owners to seek
private storage arrangements.
The Planning and Zoning Com-
mission considered the matter at
its meeting of May 19, 1976 and
determined that further delay in
the effective date of the provisions
may cause greater hardship than to
permit them to become effective
on July 1st. The Commission is
also confident that the provisions
of Section 5-101.4 were drawn after
very careful consideration and ex-
tensive review of the matter, and
that reconsideration at this time is
not likely to result in any signifi-
cant improvement. Therefore, the
Planning and Zoning Commission
hereby communicates these find-
ings to you, with its recommenda-
tion that the provisions be allowed
to become effective as originally
adopted.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received and
filed and referred to the City
Manager. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays --Councilman Brady.
Honorable Mayor May 21, 1976
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the petition of Mr. Ken
Schromen requesting consideration
of C-1 Neighborhood Commercial
District classification on his prop-
erty at 2769 Central Avenue. The.
subject property is described as
Lot 261 of Davis Farm Addition in
the City of Dubuque, Iowa.
The petition states that the
property was purchased in the
late 1960's and was then classified
in the local business "A" and `B"
Districts. The present request seeks
restoration of a comparable class-
ification on the property to permit
a business use. The petition raises
a question of whether the present
R-4 multiple -residence classification
is an arbitrary denial of commer-
cial development rights that had
previously existed in that area.
The Commision has determined
that the new Zoning Map is correct
in this area and that the present
R-4 multiple -residence District clas-
sification is appropriate and de-
fendable. The Commission has
found that the entire area pre-
viously included within the com-
mercial classification is also entire-
ly devoted to stable and well-main-
tained residential structures, and
that the previous commercial zon-
ing classification was without any
substantial foundation. The Plan.
ning and Zoning Commission has
unanimously recommended that
the Schromen petition be denied.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
246 Special Session, May 24, 1976
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Tully. Carried by the following
vote.
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Roy Pregler addressed the Coun-
cil stating rezoning is requested
because they wish a figurine shop
below with housing quarters above.
Councilman Stackis moved that
the communication of Planning &
Zoning be referred back to the
Planning & Zoning Commission for
proper, proceedings. MOTION DIED
FOR LACK OF A SECOND.
Councilman Tully moved that
the recommendation of denial of
the Planning & Zoning Commission
be accepted. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas—MayorLundh, Councilmen
Brady, Tully Wertzberger.
Nays—Councilman Stackis.
Communication of City Manager
submitting 1975 Operating State-
ment, Balance Sheet Information
and Detail of Plant of Peoples Na-
tural Gas Division, presented and
read. Mayor Lundh moved that the
communication be received and fil-
ed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Notice of Claim of Richard La•
Mour, in an undetermined amount,
for property damage incurred as
the result of a faulty water meter
at 1770 Glen Oak on March 15,
1976, presented and read. Council.
man Tully moved that the Notice
of Claim be referred to the City
Solicitor for investigation and re
port. Seconded by Councilmar.
Wertzberger. Carried by the fol
lowing vote:
Yeas—Mayor Lundh, Councilmer
Brady, Stackis, Tully, Wertzberger
Nays—None.
Communication of Thomas J
Miller attorney, addressed to R. N
Russo attorney, relative to debt o:
Fred Sievers, who collected bill;
for the Waterworks, admittedly aft
er authority was revoked, recom
mending repayment on a pro rats
basis to five utilities, presented
and read.
Attorney Thomas J. Miller, rep.
resenting Fred Sievers, addressed
the Council stating facts as pre.
sented are correct. Mr. Sievers will
try and plan to repay the money
as stated in the letter; would be
easier to pay Water Utility and not
rebill the customer; Mr. Sievers
will sell personal and business as.
sets and will pay back; Records are
compiled and he is willing to share
the records with the Waterworks.
Councilman Brady moved that the
communication of Attorney Miller
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays --None.
May 12, 1976
Honorable Mayor
and City Council
Claim was filed against the City
of Dubuque by Freda G. Bott on
March 3, 1976, claiming personal
injuries and broken glasses alleged-
ly received as the result of a fall
on a gravel covered sidewalk at
335 Iowa Street in the City of
Dubuque, Iowa on February 12,
1976.
This matter was referred to the
City Attorney who has made an
investigation thereof and referred
said claim to the insurance carrier
for the abutting property owner.
Said claim has been paid by the
carrier for said abutting owner and
in view of the foregoing, it is the
recommendation of the City At.
torney that the claim of Freda G.
Bott be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Wertzberger moved
that the communication be receiv-
ed and filed and recommendation
of denial be approved. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 20, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has held
Special Session, May 24, 1976 247
a public hearing on the petition
of Mr. and Mrs. Carl Burbach to
reclassify 40 acres of property ly-
ing at the northwest intersection
of Asbury and Bonson Roads in the
City of Dubuque, Iowa. The Bur-
bach petition requests that their
property, known as Buena Vista
Subdivision, and now zoned AG
Agricultural District be reclassi-
fied as follows: 27.5 acres reclassi-
fied to R-1 Residential District; 7
acres reclassified to R-2 Residen.
tial District; and 5.5 acres reclass-
ified to R-3 Residential District.
A communication from Ken and
Evelyn Mentzer as well as a peti-
tion bearing 77 signatures, both
stating opposition to the proposed
R-3 classification are attached.
The Commission has found the
Burbach's proposal is in accord
with the general plan for the area,
and that the 5.5 acre parcel pro-
posed for R-3 Residential District
classification meets the criteria of
longrange planning which appro-
priately envisions that the com-
munity's needs for multiple dwell-
ings be developed along arterial
roadways as new areas are opened,
and has voted unanimously to ap-
prove the request, and recommends
your favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa", so as to reclassify
three parcels of hereinafter de-
scribed property lying in the South
'!s of Mineral Lot 453 in the City
Of Dubuque, Iowa, at the Northwest
intersection of Bonson Road and
Asbury Road from AG Agricultural
District to the R-1, R-2 and R-3
Residential District Classifications,
presented and read.
Councilman Stackis moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on June 21, 1976 at 7:30
o'clock P.M. in the Council Cham-
ber at the City Ball and that the
City Clerk be instructed to publish
notice of the hearing in the man.
ner required by law. Seconded by
Councilman Wertbzerger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Honorable Mayor May 20, 1976
and City Council
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on two proposed
amendments to the City of Du-
buque Zoning Ordinance.
The proposed amendments deal
with 1) a change of fee structure
for requests for reclassification of
property; and 2) clarification of
procedures for the administration
of zoning reclassification requests,
and providing for circumstances in
which public hearings may not be
required by the City Planning
Commission.
The Commission has found the
two proposed amendments to the
Zoning Ordinance are appropriate
and recommend your favorable
consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sub-
sections 5(a) and 5(c) of Section 10-
101 of Article X thereof and en-
acting new Subsections 5(a) and
5(c) of Section 10101 of Article X
248 Special Session, May 24. 1976
in lieu thereof to provide a change
in fee structure for reclassification
of property, presented and read.
Councilman Stackis moved that
the reading just had be consider-
ed the first reading of the Ordi-
nance. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved that a
public hearing be held on the Ordi-
nance on June 21, 1976, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the manner
required by law. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sec-
tion 8-103.2 of Article VIII thereof
and enacting new Sections 8-103.2,
8-103.3, 8-103.4, and 8-103.5 of Arti-
cle VIII in lieu thereof, so as to
clarify procedures for the admin-
istration of zoning reclassification
requests, and providing for cir-
cumstances in which public hear-
ings may not be required, present-
ed and read.
Councilman Stackis moved that
the reading just had be consider-
ed the first reading of the Ordi-
nance. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on June 21, 1976, at
7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Application of Annexation to
City of Dubuque of 0.60 acres from
Richard C. & 'Mildred L. Henschel,
presented and read. Councilman
Tully moved that the annexation
be approved. Seconded by Coun.
cilman Brady. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 20, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the petition of Mr. Richard
Henschel requesting annexation to
the City of Dubuque, Iowa, prop-
erty described as Lot 2 of "Hen-
schel's Black Forest", a 0.60 acre
parcel lying contiguous to the
southerly city limits of the City of
Dubuque, on Richard's Road.
The Commission has found the
request to be appropriate and
recommends your favorable con-
sideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION ANNEXING
CERTAIN TERRITORY
No. 175.76
WHEREAS, the owners of an
area aproximately 0.60 Acres in
size immediately adjoining the
southerly city limits of the City of
Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the henefits of city govern.
ment in the way of police and fire
protection if said territory is in-
corporated within the city limits of
the City of Dubuque, Iowa; and
WHEREAS, the inhabitants Of
said territory will be enabled to
secure water, and other municipal
services if said territory is incor-
porated within the city limits of
the City of Ihibuquc., Iowa; and
WHEREAS, Section 362.30, Code
Special Session, May 24, 1976 249
of Iowa 1958, authorized the exten.
sion of city limits in situations of
this character by the adoption of
a resolution therefore; and
WHEREAS, the future growth,
development and preservation of
the public health of the City of
Dubuque, Iowa; makes it impera-
tive that said territory be made a
part of the City of Dubuque, Iowa;
and
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
territorial limits of the City of
Dubuque, Iowa be and they are
hereby extended to include the
area comprising the following de-
scribed real estate:
Lot 2 of "Henschel's Black
Forest" in Table Mound Town-
ship, Dubuque County, Iowa.
This area is as shown on the
plat attached, marked Exhibit "A",
and by this reference made a part
hereof, said area being shaded in
yellow thereon.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Honorable Mayor May 20, 1976
and City Council
The City of Dubuque Planning
and Zoning Commission has held a
Public hearing to consider R-2 Resi-
dential District Zoning classifica-
tion on property proposed to be
annexed to the City of Dubuque,
Iowa. The 0.60 acre parcel, describ.
ed as Lot 2 of "Henschel's Black
Forest", lies contiguous to the
southerly city limits of the City of
Dubuque on Richard's Road.
The Commission has found that
the subject property would be an
extension of an existing R-2 Resi-
dential District and recommends
your favorable consideration of
R-2 District classification on Lot 2
of "Henschel's Black Forest" upon
its annexation to the City of Du.
buque.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilmen Tully moved that
the communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
vote:
Nays—None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa," which amendment
shall zone and classify territory
recently annexed to the City of
Dubuque, Iowa, in Henschel's
"Black Forest" in an R-2 District,
which real estate is described as
"Lot 2 of Henschel's 'Black Forest;
in Table Mound Township, Dubu-
que County, Iowa, according to the
recorded plat thereof and consist-
ing of 0.60 acres more or less,"
presented and read. Councilman
Tully moved that the reading just
had be considered the first read-
ing of the Ordinance. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Tully moved that
a public hearing be held on the
Ordinance on June 21, 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 hearing in
the manner required by law. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of K & K Heating Co.
Inc., requesting a refund of $3.00
on an air-conditioning permit that
was never utilized due to change
of plan by owner, presented and
read. Councilman Wertzberger
moved that the refund be granted
Special Session, May 24, 1976
and City Auditor be directed to
issue proper warrant. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas --Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays—Councilman Tully.
Petition of Ken Palm requesting
purchase of city owned Lot 2-1-1-1-
1-1-1-1 of Mineral Lot 342 located
at the corner of Kaufmann &
Grandview Aves., presented and
read. Councilman Tully moved that
the petition be referred to the
City Manager for proper proceed-
ings. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Ml ayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Karen L. Kritz et al
(64 signers) requesting correction
of the speeding and traffic prob-
lems and the hazardous conditions
due to an open culvert on Rose-
mont Street, presented and read.
Mayor Lundh moved that the peti-
tion be referred to the City Man-
ager and Traffic Committee. Sec-
onded by Councilman Stackis. Car
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Richard Construc-
tion Co. requesting permission to
install light standards in Sunrise
Heights Sub., presented and read.
Councilman Stackis moved that the .
request be approved. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Mayor Lundh moved that the peti.
tions be received and filed and re-
ferred to the Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Petition of Russell W. Nash re-
questing permission to address the
Council on the topic of an amend.
ment to restore special permit to
galleries and shops on Fourth
Street between Bluff Street and
the bluff, presented and read.
Russell Nash, 471 W. 4th Street,
addressed the Council stating 160,-
000 people rode the cable car last
year; Low -impact shops ideal for
the neighborhood; New zoning ord-
inance eliminated low -impact shops.
Councilman Brady moved that
the petition of Russell W. Nash be
received an filed and referred to
Council to a date uncertain until
a recommendation is received from
Planning & Zoning. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays—None.
May 17, 1976
Honorable Mayor
and City Council
Attached are papers having to
do with the purchase of camera
and fingerprinting equipment to
be used in the police department.
It is a project involving $2,460
expense assisted through the
Northeast Iowa Area Crime Com-
mission. The city share is $113.16.
I request that you favorably
consider the resolution authorizing
the city to provide cash funds for
Petitions of Mary M. Ifeller et al this nurnose.
(21 signers), parents and friends of
Girls Center requesting that every-
thing possible be done to keep the
Center going, presented and read.
Mayor Lundh moved that the peti-
tions be received and filed and re-
ferred to the Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None, j
Petitions of Peggy Nelson et al
(72 signers) members of the Girls
Center, pleading to keep the Girls
Center open, presented and read.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Tully. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
MATCHING RESOLUTION
NO. 176.76
Whereas, the City of Dubuque
of Iowa, by resolution duly passed
heretofore, has resolved that it
Special Session, Mav 24, 1976 251
will provide during the approved
project period cash funds for the
following Iowa Crime Commission
project:
Title of Project: Lab Equipment
Amount of Funds Being Provided:
$113.16
Passed this 24th day of May,
1976
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Pat Jordan and Duane Denling-
er addressed the Council relative
to the County Care Facilities.
RESOLUTION NO. 177.76
WHEREAS, due to State Health
and Fire Safety Standards estab-
lished by the state threaten the
County's license to operate a
County Care Facility, and
WHEREAS, Dubuque County has
already found it necessary to place
the female and other custodial pa-
tients in facilities outside Dubuque
County, making it difficult for fam-
ilies and friends to meet them, and
WHEREAS, the construction of
a new 120 -bed County Care Facil-
ity on the site of the present Coun-
ty Farm would save Dubuque
County in excess of $40,000 per
year in charges for residents out-
side the county and in the County
Nursing Home, and
WHEREAS, it is not necessary
to declare a political party when
voting on June 8, 1976 for the
County Care Facility because the
issue will be printed on a separ-
ate paper ballot,
THEREFORE BE IT RESOLVED
that the town of Dubuque endorses
the construction of the new Du-
buque County Care Facility and
urges its citizens to vote "Yes" for
the $2,200,000 bond issue on June
8, 1976.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin F. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—None.
Abstain --Councilman Brady.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tractors for receipt of proposals for
construction of 1976 Asphalt Pav-
ing Project No. 1, presented and
read. Councilman Stackis moved
that the proof of publication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 20, 1976
Honorable Mayor
and City Council
Pursuant to your instructions,
sealed bids were received until
10:00 a.m., Thursday, May 20, 1976
for the City of Dubuque 1976 As-
phalt Paving Project No. 1. The
lowest bid entered was entered by
Tri-State Paving, a division of Du-
buque Stone Products Company of
Dubuque, Iowa. Their bid was 30%
under the estimate.
I recommend that the contract
for the improvement be awarded to
Tri-State Paving, a division of Du-
buque Stone Products Company.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Special Session, May 24, 1976
(Awarding Contract)
RESOLUTION NO. 178.76
WHEREAS, sealed proposals
have been submitted by contractors
for the City of Dubuque 1976 As-
phalt Paving Project No. 1 pur-
suant to Resolution No. 148.76 and
notice to bidders published in a
newspaper published in said City
on May 7, 1976 and May 14, 1976;
and
WHEREAS, said sealed proposals
were opened and read on May 20,
1976, and it has been determined
that the bid of Tri-State Paving, a
Division of Dubuque Stone Prod-
ucts Company of Dubuque, Iowa in
the amount of $134,832.02 was the
lowest bid for the furnishing of all
labor and materials and perform-
ing the work as provided for in the
plans and specifications; now there-
fore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Tri-State Paving, a Division
of Dubuque Stone Products Com-
pany and the Manager be and he
is hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccess-
ful bidders.
Passed and adopted this 24th day
of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Water Supt.
Hail and City Engineer White sub-
mitting a list of questions and an-
swers why the waterworks should
be expanded due to present en-
forceable standards, presented and
read. Councilman Stackis moved
that the communication be receiv.
ed and filed. Seconded by Council.
man Tully. Carried by the follow.
ing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Proofs of Publication, certified to
by the Publisher, of :Notices of
public hearing and receipt of pro.
posals for the construction of im.
provements and extensions of the
Municipal Waterworks, presented
and read. No written objections
were filed and no oral objectors
were present in the Council Cham-
bers at the time set for the hear-
ing. Councilman Stackis moved
that the proofs of publication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis ,Tully, Wertzberger.
Nays—None.
Dennis Alt, of the Iowa D.E.Q.,
addressed the Council stating that
if a waterplant expansion is made
at this time, the care of sludge
must be taken care of; Standards
will become more stringent; Cost
of construction no doubt will go up
and not down.
RESOLUTION NO. 179.76
RESOLUTION approving plans,
specifications and form of
contract for improvements and
extensions to the municipal
waterworks plant and system.
WHEREAS proposed plans, spec-
ifications and form of contract for
improving and extending the mu-
nicipal waterworks plant and sys-
tem of the City of Dubuque, Iowa,
by expanding and improving the
water treatment plant and by con-
structing water plant solids handl-
ing facilities, together with neces.
sary equipment, accessories and
appurtenances, have heretofore
been prepared by Henningson, Dur-
ham & Richardson, Inc., Engineers,
Omaha, Nebraska, and Cullen, Kil-
by, Carolan & Associates, P. C•,
Dubuque, Iowa, and filed with the
City Clerk; and
WHEREAS notice of hearng o
said proposed plans and spi
tions and form of contract and on
Special Session, May 24, 1976 253
the cost of the project was duly
published in the manner and form
required by law, and no petition
or objections to said plans, spec-
ifications and form of contract or
to the cost of the project have
been filed or made by any inter-
ested party;
NOW, THEREFORE, Be It and
It Is Hereby Resolved by the City j
Council of the City of Dubuque,
Iowa, as follows:
Section 1. That the plans, spec-
ifications and form of contract
referred to in the preamble here- i
of be and the same are hereby ap-
roved.
Section 2. That all resolutions or j
orders or parts thereof in conflict
herewith are hereby repealed.
Passed and approved May 24,
1976.
Alvin E. Lundh
Mayor
Attest:
Leo F. Frommelt,
City Clerk
Recorded May 24, 1976.
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Slackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 180.76
RESOLUTION to fix a date for
the initiation of proceedings
for the issuance of $7,000,000
Water Revenue Bonds, 1976
Series, of the City of Dubuque,
Iowa.
WHEREAS the City of Dubuque,
in Dubuque County, Iowa, did here-
tofore establish a municipal water-
works plant and system in and for
said City which has for many years
been supplying water and water
service to said City and its inhab-
itants, and the management and
control of said plant and system is
vested in the City Council of said
City and no board of trustees has
ever been created for this purpose;
and
WHEREAS, for the purpose of
defraying the cost of necessary
improvements and extensions to
the municipal waterworks plant
and system of said City, Water Rev.
enue Bonds, 1962 Series, of said
City were heretofore issued under
date of October 1, 1962, of which
bonds in the amount of $105,000
are now outstanding, numbered
296 to 400, inclusive, of the denom.
ination of $1000 each, bearing in-
terest at the rate of Two and
eighty-five hundredths per cent
(2.85%) per annum and maturing
on December 1, 1976, and accumu-
lated revenues of the plant and
system are now on hand in an
amount sufficient to pay the prin-
cipal of all of said outstanding
bonds and all interest which will
accrue thereon at and prior to
maturity; and
WHEREAS in order to make it
possible for the City to pay the
cost of additional improvements
and extensions which must now be
constructed to maintain and oper-
ate the plant and system in an ef-
ficient manner, said accumulated
revenues are being ordered set
aside in a special escrow account
pledged solely and only for the
payment of said bonds and inter-
est, and there are no other bonds
or obligations now outstanding
which are payable from the reven-
ues of said utility; and
WHEREAS it has been found es.
sential, necessary and desirable
that additional improvements and
extensions to said municipal water-
works plant and system be con-
structed consisting generally of:
1. Water Treatment Plant Expan-
sion, complete with aerators, up -
flow clarifiers, rapid sand filters,
chemical feed systems, control sys-
tem, pneumatic chemical handling
system and existing plant modifica-
tions, electrical and mechanical;
2. Water Plant Solids Handling
Facilities with Filters, complete fil-
ter building with filters complete
as specified, pumps, tanks, convey-
ors, motor control center, sludge
thickening clarifiers with dome cov-
ers, waste backwash water pumps,
sludge blowdown pumps, lift sta-
tion with wet well and clear water
return pumps, electrical and me-
chanical; all as contemplated by
plans and specifications therefor
prepared by Henningson, Durham
& Richardson, Inc., Engineers, Om-
aha, Nebraska, and Cullen, Kilby,
Carolan & Associates, P.C., Du-
buque, Iowa, and now on file in
254 Special Session, May 24, 1976
the office of the City Clerk, the
estimated costs whereof are
$8,039,010, and it is necessary that
said City issue its revenue bonds to
pay the cost, to the amount of
$7,000,000, of constructing said im-
provements and extensions; and
WHEREAS for the purpose of
paying the cost of said improve-
ments and extensions, to the
amount of $7,000,000, all as afore-
said, it is proposed to issue at this
time Water Revenue Bonds, 1976
Series, of said City in the amount
of $7,000,000 which shall be pay-
able from the net revenues of the
municipal waterworks plant and
system of said City, but before
proceedings for the issuance of
such bonds are initiated it is neces.
sary to fix a date of meeting of
this City Council at which it is
proposed to take action for this
purpose and to give notice thereof
as required by Section 384.83 of
the Code of Iowa, 1975, as amend-
ed;
NOW THEREFORE, Be It and It
Is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section 1. That this City Council
meet on the 7th day of June, 1976,
at the Council Chambers in the
City Hall, Dubuque, Iowa, at 7:30
o'clock P.M., at which time and
place proceedings will be institut-
ed and action taken for the issu-
ance of Water Revenue Bonds,
1976 Series, of said City in the
principal amount of $7,000,000 for
the purpose of paying the cost, to
that amount, of constructing im-
provements and extensions to the
municipal waterworks plant and
system of said City, as referred to
in the preamble hereof.
Section 2. That the City Clerk
is hereby directed to give notice
of the proposed action for the is
nuance of said bonds, setting forth
the amount and purpose thereof
the time when and the place where
said meeting will be held, by pub
lication at least once not less thar
four (4) nor more than twenty (20:
days before the date of said meet
ing in the "Telegraph -Herald," s
legal newspaper published in thf
City of Dubuque, Iowa, and having
a general circulation in said City
Said notice shall be in substantiall;
the following form:
NOTICE OF MEETING FOR
SSUANCE OF WATER REVENUE
BONDS, 1976 SERIES
The City Council of the City of
Dubuque, Iowa, will meet on the
7th day of June, 1976, at the
Council Chambers in the City Hall,
Dubuque, Iowa, at 7:30 o'clock
P.M., at which time and place pro.
ceedings will be instituted and ac-
tion taken for the issuance of
$7,000,000 Water Revenue Bonds,
1976 Series, of said City for the
purpose of paying the cost, to that
amount, of constructing improve-
ments and extensions to the mu-
nicipal waterworks plant and sys-
tem of said City as contemplated
by plans and specifications now
on file in the office of the City
Clerk of said City. These bonds,
when issued, will not constitute
general obligations of said City
nor will they be payable in any
manner by taxation, but said
bonds, together with any addition-
al bonds of said City as may be
hereafter issued and outstanding
from time to time ranking on a
parity therewith, will be payable
solely and only from the future
net revenues of the municipal wa-
terworks plant and system of said
City.
At the time and place fixed for
said meeting, as set forth above,
the City Council of said City will
receive oral or written objections
from any resident or property
owner of the City.
By order of the City Council of
the City of Dubuque, Iowa, this
24th day of 'lay, 1976.
Leo F. Frommelt
City Clerk
Section 3. That all orders or
resolutions, or parts of orders or
resolutions in conflict herewith be
and the same are hereby repealed.
Section 4. That this meeting be
and the same is hereby adjourned
to meet again at the time and
place hereinbefore fixed, for fur.
ther consideration of the matters
herein set forth.
Passed and approved May 24,
1976.
Alvin E. Lundh
Mayor
Attest: Leo F. Frommelt
City Clerk
Recorded May 24, 1976.
Leo F. Frommelt
City Clerk
Special Session, May 24, 1976 255
Mayor Lundh moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 17, 1976
To the Honorable Mayor
and City Council
The attached agreement is a
second amendment to the Federal
Aid agreement on the reconstruc-
tion of Jackson Street.
The original agreement was
signed on January 26, 1976 and
covered the segment from 12th
Street to Diamond Street. This
agreement was amended to include
implementation of the Clean Air
Act and Federal Water Pollution
Control Act on March 22, 1976.
It was then decided by Iowa
DOT that since the project was
being divided into two segments,
namely from 12th to 22nd, and
from 22nd to Diamond, that the
agreements should also be broken
apart in the same manner.
Consequently on May 10, 1976
an agreement was signed for the
segment from 12th to 22nd. It is
necessary, then, to amend the
original agreement dated January
26, 1976 to include only the seg-
ment from 22nd to Diamond
Streets.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 181.76
Resolution authorizing execution
of a second amendment to
Agreement Number 75-F-074
dated January 26, 1976 between
the City of Dubuque, Iowa, and
the Iowa Department of Trans-
portation relating to the recon-
struction of Jackson Street.
BE 1T RESOLVED that the Ma-
yor and City Clerk be and they
are hereby authorized and direct-
ed to execute a second amend-
ment to agreement number 75-F-
074, two copies of which are at-
tached, reducing the scope of the
project to the segment from 22nd
to Diamond Street, the segment
from 12th to 22nd Street being
covered under separate agreement
number 76-F-052.
Passed, approved, and adopted
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 182.76
Authorizing Publication of No.
tice of Environmental Review
Findings for certain Commun-
ity Development Block Grant
Projects.
WHEREAS, the City of Dubuque
under date of May 15, 1975, en-
tered into a Grant Agreement with
the U.S. Department of Housing
and Urban Development, provid-
ing for financial assistance to the
City under Title 1 of the Housing
and Community Act of 1974; and
WHEREAS, the City of Dubuque
under date of April 15, 1976, sub-
mitted an application for contin-
ued participation in the Commun-
ity Development Block Grant Pro-
gram; and
WHEREAS, pursuant to the
rules and regulations as promul-
gated by the U.S. Department of
Housing and Urban Development,
environmental reviews have been
processed for the projects herein-
af ter to be described to be fi.
nanced with Community Develop-
ment Block Grant funds; and
WHEREAS, an ad hoc Environ-
mental Review Committee has af.
ter due consideration made a de-
termination that the projects are
not major Federal actions signifi-
cantly affecting the quality of hu-
man life; now therefore
276 Special Session, May 24, 1976
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the City Clerk
be and he is hereby authorized
and directed to publish a Notice
of Finding of No Significant Ef-
fect on the Environment for the
following identified projects, and
to make the Environmental Review
Record for each of the said proj-
ects available for public inspection
Such notice shall be in the form
of Exhibit "A" attached hereto
and made a part hereof.
Avon Park acquisition and de-
velopment.
Removal of architectural bar-
riers which impede the mobility
of the elderly and handicapped in
the downtown area.
Restoration and reconstruction
of Eleventh Street Steps.
Construction of steps in Jeffer-
son Park.
Section 2. That the City of Du-
buque hereby declares its intent
to adopt a resolution on June 21,
1976, authorizing the submission
of a request to the U.S. Depart-
ment of Housing and Urban Devel.
opment for the release of funds
authorized under Title I of the
Housing and Community Develop.
ment Act of 1974, to undertake the
projects.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
PUBLIC NOTICE
Pursuant to the environmental
Procedures for the Community De-
velopment Block Grant Program,
the City of Dubuque has prepared
Notices of Finding of No Signifi-
cant Effect on the Environment
for the Projects identified as fol-
lows to be undertaken under Ti-
tle I of the Housing and Commun-
ity Development Act of 1974.
I. Avon Park acquisition and de.
velopment.
2. Removal of architectural bar.
riers which impede the mobil.
ity of the elderly and handi-
capped in the downtown area.
3. Restoration and reconstruction
of Eleventh Street Steps.
4. Construction of steps in Jef.
ferson Park.
The City of Dubuque has found
that these Projects have no sig.
nificant effect on the environment
based on the following facts and
reasons.
1. Assessment of the nature, mag.
nitude, and duration of any ad.
verse and positive impacts;
2. Consideration of alternatives to
the Projects, commitment of
resources, known views of lo.
cal groups, measures which
can be instituted to lessen po.
tential adverse impacts and to
enhance the environment;
3. No loss of unique environmen.
tal resources;
4. No irreversible development
trends;
5. A minimum occurrence of ad-
verse effects that cannot be
avoided; and
6. No impacts on properties pos-
sessing historical, archaeologi-
cal or cultural significance.
The City of Dubuque has made
an Environmental Review Record
for each of the Projects, and has
placed these records on file in the
office of the City Clerk in City
Hall, 13th and Iowa Streets, Du-
buque, Iowa. These environmental
records are available for examina.
tion and may be copied between
8:00 A.M. and 5:00 P.M. daily ex-
cept Saturdays, Sundays and holi-
days.
No further environmental re-
view of the Projects is proposed
to be conducted, and the City of
Dubuque intends to request the
U.S. Department of Housing and
Urban Development to release
funds authorized by the Housing
and Community Development Act
of 1974 for the Projects.
Comments may be submitted to
the City of Dubuque until 12:00
Noon, Friday, June 18, 1976, ad-
dressed to Alvin E. Lundh, Mayor
of the City of Dubuque, City Hall,
13th and Iowa Streets, Dubuque,
Iowa 52001.
Dated and Published May 25,
1976.
Leo F. Frommelt
City Clerk
Special Session, May 24, 1976 2S7
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Communication of Dubuque Am-
bassadors requesting endorsement
as an organization to submit an
entry on behalf of the City for the
1976 Iowa Community Betterment
Program Year, presented and read.
Councilman Wertzberger moved
that the communication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 183.76
Endorsing the Dubuque Ambas-
sadors as Sponsors for the 1976
Iowa Community Betterment
Program.
WHEREAS, the City Council en•
dorsed the Dubuque Ambassadors
as the sponsoring organization for
the City of Dubuque in the 1974
and 1975 Iowa Community Better-
ment Program; and
WHEREAS, it is recognized that
participation within this program
stimulates civic awarenes and
generates community spirit; and
WHEREAS, it Is deemed to be
in the best interest of the City
of Dubuque to continue its par-
ticipation in the Iowa Commun.
ity Betterment Program; now
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the Dubuque
Ambassadors is endorsed as the
Ponsoring organization for the
City of Dubuque in the Iowa Com-
munity Betterment Program, and
they are authorized to enter the
Community Awards Competition
on behalf of the community.
Section 2. That the Mayor of
the City of Dubuque be and he is
hereby authorized and directed to
serve as the official liaison of the
Dubuque City Council with the
Dubuque Ambassadors.
Passed, approved and adopted
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emit Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
May 21, 1976
To the Honorable Mayor
and City Council
I hereby submit the Demolition
and Removal of Naval Reserve
Buildings and Garage Project.
Submitted May 20, 1976.
John L. White, P.E.
City Engineer
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 18476
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the proposed plans,
specifications, form of contract,
etc., for the demolition and remov-
al of the Naval Reserve Buildings
and Garage on Volunteer Drive, in
the estimated cost of $11,000.00
is hereby approved. Councilman
Stackis moved adoption of the
resolution. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Necessity for Improvement
RESOLUTION NO. 185.76
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
Special Session, May 24, 1976
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The buildings and garage to
be demolished and removed.
2. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used, for the Demolition and
removal of the Naval Reserve
Buildings and Garage on Volun-
teer Dr.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections. they shall be
deemed to have waived all objec-
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shall be paid out of the Wa-
ter Dept, Construction Fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 24th day of May, 1976.
Approved and placed on file
for final action.
Approved:
Alvin E. Lundh
Mayor
Thomas A. Tully Jr
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved ap-
proval of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Fixing date of hearing)
RESOLUTION NO. 186-76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 184-76 given its
preliminary approval on the pro.
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
demolition and removal of the
Naval Reserve Buildings and Ga.
rage on Volunteer Drive and,
WHEREAS, the proposed Reso.
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection.
BE IT THEREFORE RESOLVED
that on the 7th day of June 1976,
a public hearing will be held at
7:30 o'clock P.M. C.D.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property may appear and make
objection to the proposed plans
and specifications and proposed
form of contract and at the same
time to the boundaries of the pro-
posed district, to the cost of the
improvement, and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
lie is hereby directed to cause a
notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, the last of which
shall be not less than 4 nor more
than 20 days prior to the day
fixed for its consideration and un-
less property owners at the time
of final consideration of said reso.
lution have on file with the Clerk
objections, they shall have been
deemed to have waived all objec.
tions thereto, at which hearing
the Council will hear such objec-
tions and enter on record its final
decision thereon.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, May 24, 1976
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Ordering Construction)
RESOLUTION NO. 187.76
BE IT RESOLVED by the City
Council of the City of Dubuque
that pursuant to a Resolution of
Necessity No. 185-76 which was
duly passed by this Council, for
the demolition and removal of the
Naval Reserve buildings and ga-
rage on Volunteer Drive be and
the same are hereby ordered and
constructed by this Council upon
its own motion and with or with.
out the petition of property own-
ers. All the work shall be con-
structed in accordance with the
plans and specifications hereto-
fore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid from
Water Dept. Construction Fund
after the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provements herein provided for in
the manner provided by law, the
said improvements shall be com-
pleted on or before 30 days after
Notice to Proceed has been is.
sued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate neces-
sity shall be in force and effect
from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car.
ried by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady. Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 188.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the proposed plans,
specifications, form of contract,
Plat, etc. for the construction of
The Glenwood Ct. Storm Sewer Im.
provement In the estimated cost
of $14,165.93, is hereby approved.
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Necessity for Improvemont)
RESOLUTION NO. 189-76
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The size and kind of sewers.
2. An estimate of the cost of
the proposed improvement, stat-
ing the same for each different
type of construction and kind of
material to be used for the con-
struction of: Glenwood Ct. Storm
Sewer Improvement.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections, they shall be
deemed to have waived all objec-
tions thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the Clty
280 Special Session, May 24, 1976
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shall be paid out of the San-
itation Fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 24th day of May, 1976.
Approved and placed on file for
final action.
Approved:
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
approval of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Fixing Date of Hearing)
RESOLUTION NO. 190-76
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the propn .ed plans, specifications,
and fo; m of contract and placed
same on file in the office of the
Ci!y Clerk for public inspection
for the construction of the Glen-
wood Court Storm Sewer.
BE IT THEREFORE RESOLVED
that on the 7th day of June, 1976
a public hearing will be held at
7:30 p.m. in the Council Chamber
of the City of Dubuque at which
time the objectors for the pro-
posed improvement may appear
and make objection to the pro-
posed plans and specifications and
the City Clerk be and he is here-
by directed to cause a notice of
the time and place of such hear-
ing to be published in some news-
paper published in the City of
Dubuque which shall be not less
than ten (10) days prior to the
day fixed for its consideration, and
said Clerk is further instructed to
advertise for proposals for the
construction of the aforementioned
improvement.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
(Ordering Construction)
RESOLUTION NO. 191.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa that pursuant to a Resolution
of Necessity No. 188-76 which was
duly passed by this Council for
the construction of the Glenwood
Court Storm Sewer.
Be and same is hereby ordered
constructed by this Council upon
its own motion and with or with-
out the petition of property own-
ers.
All work shall be constructed in
accordance with the pians and
specifications heretofore adopted
and now on file in We office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said
improvement be paid from the
Sanitation Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NEf
CESSITY shall be in force and ef-
fect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, May 24, 1976 261
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 192-76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined;
NOW TIfEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club,
End of Randall Place (Also Sunday
Sales
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
JoAnn H. Klauer, 1097 Jackson St.
d/b/a Blue Moon Inn
Passed, adopted and approved
this 24th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
RESOLUTION NO. 193.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected 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 "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club,
End of Randall Place (Also Sun-
day Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
JoAnn H. Klauer, 1097 Jackson St.
d/b/a Blue Moon Inn
Passed, adopted and approved
this 24th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays—None.
Councilman Tully moved that
the City Clerk be authorized to re-
move old and unused Council rec-
ords, from the City Safe, for the
years 1837 thru 1941 and deliver
to Wahlert Library at Loras Col-
lege for safekeeping and preserva-
tion. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas—Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays—Councilman Brady.
262 Special Session, May 24, 1976
There being no further business
Councilman Tully moved to ad.
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor I.undh, Councilmen
Brady, Stackis, Tully, Werizberger.
Nays—None.
Leo F. Frommelt
City Clerk
Approved August 16, 1976
Adopted August 16, 1976
Special Session, June 1, 1976 263
CITY COUNCIL
OFFICIAL
Special Sesslon, June 1, 1976.
Council Met at 7:30 P.M. (C.D.T.)
Present -Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger. City
Manaper Gilbert D. Chavenelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called for the PUR-
POSE OF CONDUCTING A HEARING
ON THE RESOLUTION OF NECESSITY
FOR RECONSTRUCTION OF JACK-
SON STREET FROM 12th TO 22nd
STREET and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
A Proclamation proclaiming June 4,
1976 as "Dubuque Satellite Day" was
approved and signed by Mayor Lundh.
May 28, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed a
proposed plan for "Cathedral Square",
to be located within the right-of-wav of
Second Street from Bluff eastward to
the alley.
The Commission has found the con-
cept and design of the proposed
"Cathedral Square" to be appropriate
for that location, and has recommended
your approval.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Councilman Stackts moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis,'Tully, Wertzberger.
Nays — None.
Wayne Norman presented a plan on
"Cathedral Square"; Stating single lane
on each side of 2nd Street. Sculpture
group also presented plan of sculpture
to be 7 to 8 feet high; Larger than life
size to be, flanked on each side by a
wrought iron fence; 40 foot section
would be from Bluff Street to the alley
and to be completed later part of
August. Councilman Stackis moved
that the communication of Planning &
Zoning Commission be received and
filed. Seconded by Councilman 'fully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis further moved
that recommendation of Planning &
Zoning Commission be approved and
the City Manager be instructed to
proceed with proper proceedings.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Recreation Com-
mission advising that during the week
of June 13th to 19th an American Folk
Arts Festival will be held at Flora Barn
and requesting the week of June 13th to
19th be proclaimed "American Folk Arts
Week", presented and read. Council-
man Stackis moved that the communi-
cation be received and filed and week so
proclaimed. Seconded by Councilman
Tully. 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 May 13, 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 Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Advi-
sory Commission submitting minutes of
their meeting of May 25, 1976, presented
and read. Councilman Tully moved that
the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yens — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Planning & Zon-
ing Commission submitting minutes of
their meeting of May 26, 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,'fully, Wertzberger.
Nays — None.
Notice of U. S. Environmental Pro-
tection Agency submitting requests for
modifications of NPDES Permits to dis-
charge into the waters of the United
States more particularly City Water
Treatment Plant, presented and read.
Councilman Tully moved that the iVo-
Special Session, June 1, 1976
ace be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis. Tully, Wertzberger.
Nays — None.
Councilman Brady further moved
that Councilman Tully be directed to
organize and lead a group to send com-
ments to the Agency and report back to
the Council. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Citizens Advisory
Commission Chairman Alan Spensley,
submitting a list of persons whose terms
expire on the Commission as of June 1,
1976, and requesting reappointments,
presented and read. Councilman
Wertzberger moved that the commu-
nication be received and filed and
referred to Council. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Bethany Home
submitting a copy of their annual audit
in compliance with Loan Agreement
with the City on September 1, 1975,
presented and read. Councilman Stackis
moved that the communication and
audit be received and filed. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None
Communication of Leo Ungs, as Ad-
ministrator of County Institutional Ac-
counts, submitting petitions from
Louise Biederman, Ann Bodish, Rosella
Eisenbraun (Bersley), Blanche Don-
ovan, Elsie Lange, Ida A. Litscher,
Evelyn A. Mazurek, Gertrude S. Ogaard,
Leona Ricken, Josephine Roth and
Helen Bradley requesting consideration
for the suspension of taxes on account
of age or infirmity, presented and read.
Councilman Stackis moved that the
communication be received and filed
and City Clerk be authorized to sign
approvals and forward to the County.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Superintendent of
the Water Department, J. J. Hail, sub-
mitting various ways to possibly ac.
comodate William L. Meyers of 320 King
Street as to water pressure problems,
presented and read. Mayor Lundh
moved that the communication be
referred to the City Manager for specific
recommendation and report back to the
Council. Seconded by Councilman Tul.
ly. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
May 20, 1976
To the Honorable Mayor and
Members of the City Council
1 have approved the following
sidewalk construction bonds and Gen-
eral Liability policy and wish to have
your approval for filing.
SIDEWALK CONSTRUCTION
BONDS.
Joe Lukens, United Fire & Casualty Co.,
Bond No. 55-54271, $1,000 extended to
May 25, 1977.
David & Thomas Kluck, United Fire &
Casualty Co., Bond No. 55-56926.
$1,000 extended to May 3, 1977.
Kenneth Schromen, The Ohio Casualty
Insurance Co. Bond No. 614989,$ 1,000
extended to April 15, 1977.
Cletus Palm, Midwestern Casualty &
Surety Co., Bond No. 29422, S1,000
extended to May 30, 1977.
GENERAL LIABILITY
POLICY
F.N. Smith Construction Inc. Bitumin-
ous Casualty Corporation Policy No.
G A 795689, to April 1, 1977.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed
and filing be approved. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notice of Claim of Mrs. M. E. Cahill, in
the amount of :16.00, for car damage
incurred as the result of striking a sharp
curb at the 8th Street Storm Sewer on
May 19, 1976, presented and read.
Councilman -fully moved that the No-
tice of Claim be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Wertzberger
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tullv, Wertzberger.
Nays — None.
Special Session, June 1, 1976 265
Notice of Claim of David Ackerman,
in the amount of 1850., for car damage
incurred as the result of being driven
into by a City Fire Engine at 9th Street
on May 24, 1976, presented and read.
Councilman Tully moved that the No-
tice of Claim be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Wertzberger.
Carred by the following vote:
Yeas — Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
U. S District Court submitting a dis-
charge of bankrupt notice in the case of
Robert J. Jacquinot, presented and read.
Councilman Tully moved that the No-
tice be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Gerald L. Guy et al (I6
signers) requesting investigation of the
intended use of property as it relates to
access to the City through Pego Court,
presented and read.
Gerald L. Guy addressed the Council
having no serious objections to use of
Lot 2 of 5 being used as an access to one
residence; Very serious problem if it
becomes access to more than one
residence.
Attorney Joseph J. Bitter, represent-
ing Bisenius & Garms, addressed the
Council stating his clients would like to
put two houses at end of access of Cul -
De -Sac; Requesting an opportunity to
work out a solution in the area.
Councilman Tully moved that the
Petition of Gerald L. Guy be received
and filed and referred to the City Solici-
tor. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of M. J. Tanner et al (59
signers) residents of Shiras Ave. & Or-
chard Hills requesting relief of traffic,
noise and harassment by closing Eagle
Point Park at 10 o'clock P.M. Sunday
thru Friday and midnight on Saturday
during the normal park season, pre-
sented and read.
Walter Pregler of Shiras Ave., ad.
dressed the Council relative to the peti-
tion stating residents would like to close
Eagle Point Park the same as other
Parks in the City. Councilman Stackis
moved that the petition of M. J. Tanner
be received and filed and referred to the
Park Board, City Manager and Citizens
Advisory Commission. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Robert J. Rosen -
ow being in agreement with a Len
o'clock curfew at the Eagle Point Park,
presented and read. Councilman Stackis
moved that the communication be
referred to the Park Board, City Man-
ager and Citizens Advisory Commis-
sion. Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Notice of Pendency of
Resolution of Necessity for Public
Hearing upon proposed plans, specs.
etc. for Reconstruction of Jackson
Street from 12th to 22nd Street, pre-
sented and read. No written objections
were filed and no oral objectors were
present in the Council Chamber at the
time set for the hearing. Councilman
Tully moved that the proof of publica-
tion be received and filed. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Statement of City Clerk certifying
that notices of hearing on Resolution of
Necessity were mailed by certified mail
on May 13, 1976, to property owners of
record subject to assessment for
Reconstruction of Jackson Street from
12th to 22nd Streets, presented and read.
Councilman Tully moved that the
statement be received and filed. Sec-
onded by Mayor Lundh. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
(Nec"elty for Improvement)
RESOLUTION NO. 156-76
WHEREAS, proposed plans,
specifications, form of contract, plat and
schedule have been duly prepared and
approved by the City Council of the City
of Dubuque and are now on file in the
office of the City Clerk showing among
other things the following:
266 Special Session, June 1, 1976
1. The assessment limits.
2. The streets to be improved.
3. The width of such improvement,
and the size and kind of sewers.
4. Each lot proposed to be assessed
together with a valuation fixed by the
council.
5. An estimate of the cost of the
proposed improvement, stating the
same from each different type of con-
struction and kind of material to be
used.
6. In each case the amount thereof
which is estimated to be assessed
against each lot, for the reconstruction
of Jackson Street from 12th Street to
22nd Street.
BE IT THEREFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk
objections to the amount of the
proposed assessments, they shall be
deemed to have waived all objections
thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
been prepared therefore by the City
Engineer which have been approved by
the City Council and are now on file
with the City Clerk. That the cost and
expense of making said improvement
will be assessed upon and against all
privately owned property lying within
assessable distance provided by law and
in an amount not to exceed the amount
provided by law, property will be as-
sessed whether the same abuts thereon
or is adjacent thereto according to area
and in proportion to the special benefits
conferred thereby, and any deficiency
shall be paid out of the Road Use Tax
Funds. Bonds shall be issued and sold in
anticipation of deferred payments of
assessments when a contract has been
performed and accepted and the
proceeds thereof used to pay the con-
tractor. The railway portion of any
street or assessment district shall be
assessed to and paid by the railway
company.
The above resolution was introduced,
approved and ordered placed on file
With the City Clerk this 10th day of May,
1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 1 st day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tullv Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved final adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 194-76
Decision of Council upon objections
to plans, specifications, form of contract
and cost of improvements
WHEREAS, proposed plans and
specifications and form of contract for
the reconstruction of Jackson Street
from 12th Street to 22nd Street have
been approved by the City Council of
the City of Dubuque and public notice
given as provided by Section 384 of the
Code of Iowa, 1975 pertaining to public
contracts and bonds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or
contract for or cost of such im-
provements, said time being this 1st day
of June, 1976; and
WHEREAS, the City Council met in
special session this 1st day of June, 1976,
at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered; now,
therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all
objections which have been made and
filed to the plans, specifications, con-
tract for or cost of said improvement
herein described and proposed to be
made, be and the same hereby overtuled
and such plans, specifications and form
of contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decisi""
Special Session, June 1, 1976 267
of this Council upon all objections
which have been filed to the plans,
specifications and form of cost said
improvement be made a matter of per-
manent record in connection with said
improvement.
Passed, adopted and approved this 1 st
day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
(Ordering Construction)
RESOLUTION NO. 195-76
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a resolu-
tion of necessity No. 156-76 which was
duly passed by this Council, for the
reconstruction of Jackson Street from
12th Street to 22nd Street be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the petition
Of property owners. All the work shall
be constructed in accordance with the
plans and specifications heretofore
adopted and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said im-
provements be paid for by levying
special assessments against the private-
ly owned property lying within the as-
sessable distance from the im-
provements, whether such property
abut upon the same or are adjacent
thereto, according to the area thereof
and in proportion to the special benefits
conferred, and any deficiency will be
Paid out of the general improvement.
Payment will be made to the contractor
out of Road Use Tax Funds. Bonds may
be issued in anticipation of deferred
Payments of assessments as provided by
law after the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby or-
dered and directed to advertise for
Proposals for the construction of the
various improvements herein provided
for in the manner provided by law, the
said improvements shall be completed
on ar before 60 working days after no-
tice to proceed is issued.
BE IT FURTHER RESOLVED that
this resolution being deemed urgent and
of immediate necessity shall be in force
and effect from and after its passage and
adoption by the City Council.
Passed, adopted and approved this 1st
day June, 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 197-76
Resolution authorizing execu-
tion of agreement number
76-U-054 between the City of
Dubuque, Iowa and the Iowa
Department of Transportation
relating to the resurfacing of
Dodge Street (extension of U.S.
20) from Bluff Street to lust East of
Locust Street for a distance of ap-
proximately 400 feet.
BE 1T RESOLVED that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute
agreement number 76-U-054, two
copies of which are attached, agreeing
with the State to reimburse the City for
50% of the cost of resurfacing Dodge
street (U.S. 20) from Bluff Street to East
of Locust Street up to a maximum of
$6,920.
Passed, approved and adopted this 1st
day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
268 Special Session, June 1, 1976
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 198-76
Resolution approving a tentative
Three Year Street Construction
Program and Submitting same to
the Iowa Department of
Transportation.
WHEREAS, the Office of the City
Engineer has prepared, in accordance
with instructions from the City Man-
ager, a Tentative Street Construction
Program for the years 1976, 1977, 1978;
and
WHEREAS, said construction pro-
gram shall be filed with the Iowa
Department of Transportation by June
10, 1976 for the purpose of allocating
Road Use Taxes to Municipalities; and
WHEREAS, this Council has
reviewed the Tentative Street Con-
struction Program of the City of
Dubuque, Iowa.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa; that the Tentative
Three Year Street Construction Pro-
gram for the years 1976, 1977, 1978 as
prepared by the City Engineer, be and
the same is hereby approved and the
City Manager is hereby directed to for-
ward the required documents to the
Iowa Department of Transportation.
Passed, adopted and approved this 1st
day of June 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution and directed
that the property owners on the streets
involved be notified affected by the
three year street program. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 196-76
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the following having compiled
with the provisions of law relating
to the sale of Cigarettes within the
City of Dubuque. Iowa, be granted
a permit to sell Cigarettes and
Cigarette Papers within said City,
Canfield Hotel, Inc., 36 West 4th St.
Dubuque Packing Company, 16th and
Sycamore St.
Robert C. Ender, 2098 Central Ave.
Hartig Drug Company, Town Clock
Plaza
Hartig Drug Company, 1st and Locust
St.
Hartig Drug Company, 2255 J.F. Ken-
nedy Rd.
Hartig Drug Company, 22nd and Cen.
tral Ave.
Joseph Kiefer, 2301 University Ave.
Lucky Stores, Inc., 200 S. Locust St.
Lucky Stores, Inc., 1800 Elm Street
Lucky Stores, Inc., 3033 Asbury St.
Lucky Stores, Inc., 3049 Asbury SL
Kermit Meyer, 336 Main St.
Miracle Car Wash, Inc., 255 Locust St.
Eugene A. Otting, 1689 Elm St.
Mathias Schneller, 2372 Central Ave.
Nash Finch Co., J. F. Kennedy Road
Walgreen Co., 555 J. F. Kennedy
Cyril N. Meid, 1555 Central Ave.
Carl Van Duelman, 590 Clarke Drive
Passed, adopted and approved this 1st
day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 199-76
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
Alice B. Weber, d/b/a Strand Tap, 1187
Iowa Street
George William Pohlen, d/b/a Tri-State
Softball Tournament McAleece Field,
(Also Sunday Sales)
Special Session, June 1, 1976 269
CLASS "C" BEER PERMIT
Beecher Co., Inc. n 1. 2399 White Street
Beecher Co., Inc. it 2,1691 Asbury Street
Passed, adopted and approved this I st
day of June 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 200-76
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 Ordi-
nances 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 Per-
mit.
CLASS "B" BEER PERMIT
Alice B. Weber, d/b/a Strand Tap, 1187
Iowa St.
George William Pohlen, d/b/a Tri-State
Softball Tournament, McAleece
Field, (Also Sunday Sales)
CLASS "C" BEER PERMIT
Beecher Co., Inc. z 1, 2399 White Street
Beecher Co., Inc. u 2,1691 Asbury Street
Passed, adopted and approved this I st
day of June 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
ATTEST: Councilmen
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
Of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 201-76.
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
Bar X, Inc., (Also Sunday Sales), 2616
Windsor Ave.
J. & R C. Inc., d/b/a Jerry's Tap, 431
Rhomberg Ave.
Passed, adopted and approved this
Ist day of June 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 202-76.
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
Bar X, Inc., (Also Sunday Sales), 2616
Windsor Avenue
J. & RC. Inc., d/b/a Jerry's Tap, 431
Rhomberg Avenue
270 Special Session, June 1, 1976
Passed, adopted and approved this
lst day of June 1976,
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
At 9:05 P.M. Councilman Tully moved
to go into Executive Session to discuss
personnel and appointments to various
Boards and Commission. Seconded
Councilman Stackis. Carried by t
iz
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Council reconvened in Regular Ses"
sion at 9:48 P.M.
Mayor Lundh announced the follow-
ing appointments to the Advisory Com-
mission for three year term expiring
6-1.79: T. Paul Milbrandt, Alan B.
Spensley, Charles W. Hilgert, Judie
Wagner, Kerin Moldenhauer, Robert C.
Klein and Philip N. Weber. Councilman
Stackis moved ratification of the ap-
pointments. Seconded by Councilman
Tully. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
There being no further business,
Councilman Tully moved to adjourn.
Seconded by Councilman Stackis. Car,
rigid by the following vote.
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Leo F. Frommelt
City Clerk
Approved November 15, 1976
Adopted November 15, 1976
Attest:_
City Clerk
Regular Session, June 7, 1976 271
CITY COUNCIL
OFFICIAL
Regular Session, June 7, 1976.
Council Met at 7:30 P.M. (C.D.T.)
Present - Councilmen Brady, Stack -
is, Tully, Wertzberger. City Manager
Gilbert D. Chavenelle.
Absent -Mayor Lundh.
Mayor Pro Tem Stackis read the call
and stated that service thereof had been
duly made and this meeting is the
REGULAR MONTHLY MEETING of the
Citv Council called for the purpose of
acting upon such business as may
properly come before the Meeting.
Communication of Iowa Department
of Environmental Quality granting con-
struction permit to James H. Richard for
water main extension in Sunrise
Heights Block 16, 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 Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Communication of Auditor of State,
submitting an Audit Report of a major
disaster claim submitted by the City
February 13, 1975, covering flood of
July, 1974, City Claim $90,800.55,
recommending reimbursement of
$84,316.27, less an advance payment of
$42,000., presented and read. Council-
man Tully moved that the communica-
tion and report be received and filed.
Seconded by Councilman Wertzberger.
Carred by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays -- None.
Absent — Mayor Lundh.
Communication of Dubuque County
Institutional Accounts submitting a pe-
tition for suspension of taxes for Ber-
nard W. & Florence Mihm, W. 130' of
Lot 46 in Cox Addn., presented and read.
Councilman Tully moved that the sus.
pension be approved and City Clerk be
authorized to sign and forward to the
County. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mayor Pro 'rem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Communication of Chamber of Com-
merce, addressed to the Mayor, relative
to lending support to help keep the
Savanna Ordinance Depot open, pre-
sented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
June 4, 1976
To the Honorable Mayor
and City Council
This is to advise you that the con-
struction of Cathedral Square has been
approved by the Planning and 'Zoning,
DEMATS, Traffic Committee and En.
gineering Department. The total cost of
the project is $16,604.76 with the City
share being $4,039.31. The remaining
amount will be the responsibility of the
Cathedral Square Committee Fund as
per attached letter.
The Tri-State Paving Company has
agreed to do this project under their
City of Dubuque 1976 Asphalt Paving
Project No. I.
1, therefore, recommend your ap-
proval of this project.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be received and
filed and recommendation be approved.
Seconded by Mayor Pro Tem Stackis.
Carried by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
May 28, 1976
Honorable Mayor
and City Councilmen
On the 12th day of August 1974, ac-
tion was filed against the City of
Dubuque by Mark David Mihm, by his
father Bernard W. Mihm, against the
City of Dubuque, Iowa claiming injuries
as a result of an alleged fall occurring on
the 13th day of May, 1974 and claiming
that the public walk abutting, and in the
vicinity of, 423 W. Locust Street, in the
City of Dubuque, Iowa and the steps
and curb onto the portion of said street
were in a defective condition, and as a
result of said alleged defective condition
said minor child tripped and fell to the
pavement while carrying some supplies
he had purchased, suffering damages
and injuries to his knee and that the
272 Regular Session, June 7, 1976
plaintiff, Mark Mihm, made claim in the
amount of $5000.00 and in Second
Count of said petition the father made
claim in the amount of $1000.00 for
damages to his son.
Said matter was scheduled for jury
trial commencing on June 2, 1976, and
immediately prior thereto, plaintiffs
made an offer of settlement in the
amount of $1000.00. Said minor child
and parent had suffered special
damages in the approximate amount of
$300.00. The alleged injury to the child
consists of severe lacerations to the
right knee. It is the opinion of the City
Attorney's office that said offer of set-
tlement should be accepted, in view of
the fact, that in the opinion of the City
Attorney's office, a jury question ap-
peared to have been generated.
It is the recommendation of the City
Attorney's office that said offer of set-
tlement in the amount of $1000.00, plus
the payment of court costs be accepted
and that the City Attorney be author-
ized and empowered to confess judg-
ment against the City of Dubuque in the
amount of $1000.00 together with the
legal rate of interest in the amount of 7%
until paid together with payment of
court costs in the amount of $41.25.
Copy of the petition with original notice
is hereto attached.
R. N. Russo
City Attorney
Councilman Wertzberger moved that
the recommendation of settlement be
approved and City Auditor be directed
to issue proper warrant. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Notice of personal injury claim of
Elizabeth Gardner, in the amount of
$74.00 plus, as the result of a fall at 650
W. 8th St. on the sidewalk on April 30,
1976, presented and read. Councilman
Wertzberger moved that the Notice be
referred to the City Solicitor for inves-
tigation and report. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA", AS AMENDED, BY
REPEALING SUBSECTION b OF SEC-
TION 30.3 AND BY ADDING A NEW
SUBSECTION J AND A NEW SUB-
SECTION k TO SECTION 30.1 AND BY
ADDING A NEW SUBSECTION IV TO
SECTION 30.2a THERETO TO ESTAB-
LISH NOISE STANDARDS TO
PROHIBIT THE OPERATION OF MO-
TOR VEHICLES IN VIOLATION OF ES-
TABLISHED NOISE STANDARDS AND
PROVIDING PENALTIES FOR VIOLA-
TION HEREOF,
presented and read. Councilman Brady
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mavor Pro Tem 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 Wertzberger. Carried by
the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilman Brady. Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
ORDINANCE NO. 21-76
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA", AS AMENDED, BY
REPEALING SUBSECTION b OF SEC-
TION 30.3 AND BY ADDING A NEW
SUBSECTION 1 AND A NEW SUBSEC-
TION k TO SECTION 30.1 AND BY
ADDING A NEW SUBSECTION IV TO
SECTION 30.2a THERETO TO ESTAB-
LISH NOISE STANDARDS TO
PROHIBIT THE OPERATION OF MO-
TOR VEHICLES IN VIOLATION OF
ESTABLISHED NOISE STANDARDS
AND PROVIDING PENALTIES FOR
VIOLATION HEREOF:
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Thut ordinunce NO. 33-49
known us the "Truffic Code of
Dubuque, lowu", as amended, be and
the some is hereby umended by
repeuting Subsection b of Section 30.3
thereuf us no further value.
Section 2. Thut Ordinunce No. 33.49
known us the "Truff1Ce Code of
Dubuque, Iowa", us umended, be and
the the sumo is hereby amended by
Regular Session, June 7, 1976 273
adding a new Subsection j and a new
Subsection k to Section 30.1 there of as
follows:
30.1 Definitions:
j. Decibel (db) shall mean a unit for
measuring the volume of a sound, equal
to 20 times the logarithm to the base 10
of the ratio of the pressure of sound
measured to a reference pressure which
is 20 micropasrals (20 micronewtons per
square meter).
k. Motorcycle means every motor
vehicle having a saddle or seat for the
use of the rider and designed to travel
on not more than three wheels in con-
tact with the ground including a motor
scooter and a bicycle with a motor at-
tached, but excluding a tractor.
Swoon 3. That Ordinance No. 33-49
known as the "Traffic Code of
Dubuque, Iowa", as amended, be and
the same is hereby amended by adding
a new Sub -section IV to Section 30.2a
thereof as follows:
30.2a Motor Vehicle Noise:
IV Any vehicle for which regulations
apply pursuant to Section 18 of the
Federal Noise Control Act of 1972 (P.L.
92.574) as amended, pertaining to motor
carriers engaged in interstate com-
merce. Measurements for these vehicles
will be made at not less than 50 feet
from the center of the traffic lane, on an
open site. (Under 35 MPH 86 db (A);
(Over 35 MPH 90 db (A)
Passed, adapted and approved this
Ah day of June, 1976.
Emil Stackis
Mayor Pro Tem
James E. Brady
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 10th day of June
1976.
Leo F. Frommelt
City Clerk
!t6/!0
Councilman Brady moved final adop-
tion of the Ordinance. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Honorable Mayor June 4, 1976
and City Council
As You know the zoning ordinance
regulations for the storage of recreation
vehicles will become effective July 1,
1976.
Section 5-101.4 of the ordinance
provides that in residential districts no
vehicle may be stored in the front yard;
that a vehicle no longer than 20 feet and
9 feet high may be stored in the rear
yard; or, with the permission of the
building commissioner, may be stored at
the side of a residence except that no
such vehicle may be stored in any part
of a required side yard.
Further, you have a letter from the
planning and zoning commission in
which they recommend that the regula-
tions be allowed to become effective as
originally adopted.
I would point out that the zoning
regulation of vehicle storage presents
an administrative problem and one
which will be most difficult to carry out
with our present staffing. Further, that
some vehicle owners may not be able to
comply.
It seems to me that if the regulations
become effective July Ist, it must be
with the tacit understanding that en-
forcement be limited, say to -com-
plaint" cases only. 1 do recognize the
difficulty of this suggestion.
Another approach may be to give the
zoning administrator some discretion in
the enforcement of regulations, for
example:
"Notwithstanding the provisions of
Sections 5-101.41 through 5.101.45, the
building commissioner shall have the
authority to issue an annual special
storage permit for the storage of vehi-
cles at variance with standards and
regulations; provided, that other oc-
cupants of a building and occupants
abutting property evidence in writing
that they do not object to the proposed
storage." Under this arrangement the
back yard storage of vehicles could be
enforced, but in the impossible situa-
tion, latitude could be given if the par-
amount right of abutters was
considered.
A third possibility is for a vehicle
storage area to be provided, either by
the city or private enterprise. I am
unprepared to make any favorable
recommendation that the city provide
and operate such a facility.
An alternative to the previous sug-
gestions is that the storage regulations
be postponed. If this were to occur, 1
would work toward a regulation giving
the building inspector "special permit
authority," if this idea is found accept-
able and workable. 1 submit a sample
ordinance amending the zoning ordi-
274 Regular Session, June 7, 1976
nance and delaying vehicle storage
regulation.
1 request an opportunity to discuss
this zoning situation with you.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Clarence Faust Jr., Bill Phillips and
Chas. Guns addressed the Council rela-
tive to the proposed Ordinance regard-
ing the parking and storage of Recrea-
tional Vehicles. Councilman Brady
moved that the communication of the
City Manager be received and filed and
referred to the City Manager. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Pro Tem 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 extend the effective date of provi-
sions, known as Section 5-101.4
regulating the parking and storage of
vehicles within residential districts,
presented and read. Councilman Tully
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Mayor Pro Tem
Stackis. Carried by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Councilman Tully moved that a pub-
lic hearing be held on the Ordinance on
July 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 hearing in the
manner required by law. Seconded by
Mayor Pro Tem Stackis. Carried by the
following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Petition of Evening Optimist Club of
Dubuque requesting refund of =225., on
unexpired portion of Class "B" Beer
Permit No. S-5318.76, discontinued
business on May 30, 1976, presented and
read. Councilman Wertzberger moved
that the refund be granted and City
Auditor be directed to issue proper
warrant. Seconded by Councilman Tul.
ly. Carred by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Proof of Publication, certified to by
the Publisher of Notice of Hearing on
Resolution of Necessity for demolition
and removal of Naval Reserve Buildings
and Garage, presented and read. No
written objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Councilman Tully moved that the proof
of publication be received and filed.
Seconded by Councilman Wertzberger.
Carred by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
(Necessity for Improvsrttsnl)
RESOLUTION NO. 185-76
WHEREAS, proposed plans,
specifications, form of contract, plat and
schedule have been duly prepared and
approved by the City Council of the City
of Dubuque and are now on rile in the
office of the City Clerk showing among
other things the following:
1. The buildings and garage to be
demolished and removed.
2. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to be
used, for the Demolition and removal of
the Naval Reserve Buildings and Garage
on Volunteer Dr.
BE IT THEREFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners, forth,
deems it advisable and necessary
public welfare to make the herein men-
tioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk
objections, they shall be deemed to have
waived all objections thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
been prepared therefore by the City
Engineer which have been approved by
the City Council and are now on file
with the City Clerk. That the cost and
expense of making said improvement
will be paid out of the Water Dept.
Construction Fund.
Regular Session, June 7, 1976 275
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 24th day of May,
1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved final adop-
tion of the resolution. Second by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing on
Resolution of Necessity for construc-
tion of Glenwood Court Storm Sewer
Improvement, presented and read. No
written objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Councilman Tully moved that the proof
of publication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger
Nays — None
Absent — Mayor Lundh
(Necessity for Improvement)
RESOLUTION NO. 189-76
WHEREAS, proposed plans
specifications, form of contract, plat and
schedule have been duly prepared and
approved by the City Council of the City
Of 13ubuuque and are now on file in the
Office of the City Clerk showing among
other things the following:
L The size and kind of sewers.
2. An estimate of the cost of the
Proposed improvement, stating the
same for each different type of con-
struction and kind of material to be
used, for the construction of: Glenwood
Ct. Storm Sewer improvement.
BE IT THEREFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners,
deems it advisable and necessary for the
public welfare to make the herein men.
tioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu.
tion have on file with the City Clerk
objections, they shall be deemed to have
waived all objections thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
been prepared therefore by the City
Engineer which have been approved by
the City Council and are now on rile
with the City Clerk. That the cost and
expense of making said improvement
shall be paid out of the sewer funds.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 24th day of May,
1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved final adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Proof of Publication, certified to by
the Publisher of Notice of Meeting for
issuance of Water Revenue Bonds, 1976
Series, presented and read. No written
objections were filed and no oral objec-
tors were present in the Council
Chamber at the time set for the hearing.
Councilman Tully moved that the proof
of publication be received and filed.
Seconded by Councilmen Wertzberger.
Carried by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — Councilman Brady.
Absent — Mayor Lundh.
RESOLUTION NO. 203-76
Resolution Initiating proceedings
for the issuance of $7,000,000
water revenue bonds, 1976 series,
of the City of Dubuque, Iowa.
WHEREAS the t it of Dubuque, in
Dubuque County, Iowa, did heretofore
276 Regular Session, June 7, 1976
establish a municipal waterworks plant
and system in and for said City which
has for many years been supplying
water and water service to said City and
its inhabitants, and the management
and control of said plant and system is
vested in the City Council of said City
and no board of trustees has ever been
created for this purpose; and
WHEREAS for the purpose of defray-
ing the cost of necessary improvements
and extensions to the municipal water-
works plant and system of said City,
Water Revenue Bonds, 1962 Series, of
said City were heretofore issued under
date of October 1, 1962, of which bonds
in the amount of $105,000 are now out-
standing, numbered 296 to 400, inclu-
sive, of the denomination of $1000 each,
bearing interest of the rate of Two and
eighty-five hundredths per cent (2.85%)
per annum and maturing on December
1, 1976, and accumulated revenues of
the plant and system are now on hand in
an amount sufficient to pay the prin-
cipal of all of said outstanding bonds
and all interest which will accrue there-
on at and prior to maturity; and
WHEREAS in order to make it possi-
ble for the City to pay the cost of addi-
tional improvements and extensions
which must now be constructed to
maintain and operate the plant and
system in an efficient manner, said ac-
cumulated revenues are being ordered
set aside in a special escrow account
pledged solely and only for the payment
of said bonds and interest, and there are
no other bonds or obligations now out-
standing which are payable from the
revenues of said utility; and
WHEREAS it has been found essen-
tial, necessary and desirable that addi-
tional improvements and extensions to
said municipal waterworks plant and
system be constructed consisting gen-
erally of:
1. Water Treatment Plant Expansion,
complete with aerators, upflow clar-
ifiers, rapid sand filters, chemical feeds
systems, control systems, pneumatic
chemical handling system and existing
plant modifications, electrical and
mechanical;
2. Water Plant Solids Handling Facili-
ties with Filters, complete filter building
with filters complete as specified,
pumps, tanks, conveyors, motor control
center, sludge thickening clarifiers with
dome covers, waste backwash water
pumps, sludge blowdown primps, lift
station with wet well and clear water
return pumps, electrical and
mechanical;
all as contemplated by plans and
specifications therefor prepared by
Henningson, Durham & Richardson,
Inc., Engineers, Omaha, Nebraska, and
Cullen, Kilby, Carolan & Associates,
P.C., Dubuque, Iowa, and now on file in
the office of the City Clerk, the estimat-
ed costs whereof are $8,039,010, and it is
necessary that said City issue its reve-
nue bonds to pay the cost, to the
amount of $7,000,000 of constructing
said improvements and extensions; and
WHEREAS for the purpose of paying
the cost of said improvements and ex-
tensions, to the amount of $7,000,000, all
as aforesaid, it is necessary and advis-
able that provisions be made for the
issuance of $7,(N)0,000 Water Revenue
Bonds, 1976 Series, of said City, and a
notice of the intention of this City
Council to take action for the issuance
of said 1976 Series bonds has heretofore
been duly published and a public hear-
ing has been held on the issuance of said
bonds and no oral or written objections
have been filed or made;
NOW. THEREFORE, Be It Resolved
by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That the City Clerk be and
he is hereby authorized and instructed
to arrange for the preparation of a form
of resolution authorizingthe issuanceof
these bonds and providing for their
payment from the net revenues of the
municipal waterworks plant and
system.
Section 2. That this hearing on the
issuance of said bonds be and the same
is hereby adjourned to the 12th day of
July, 1976, at 7:30 o'clock P.M., at the
Council Chambers in the City Hall in
said City, at which time and place said
form of resolution shall be presented to
this City Council for action thereon in
connection with the issuance of these
bonds.
Section 3. That all resolutions or
parts thereof in conflict herewith be and
the same are hereby repealed and this
resolution shall be effective forthwith
upon its passage and approval.
Passed and approved June 7, 1976.
Emil Stackis
Mayor Pro Tem
ATTEST:
Leo F. Frommelt
City Clerk
Recorded June 7, 1976
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
Regular Session, June 7, 1976 277
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — Councilman Brady
Absent — Mayor Lundh
RESOLUTION NO. 204-76
WHEREAS, the City of Dubuque.
Iowa in conjunction with Dubuque
County, Iowa created the Dubuque
Metropolitan Area Solid Waste Agency;
and
WHEREAS, the City of Dubuque,
Iowa has acquired real estate herein-
after described for the purposes of
locating a Solid Waste Landfill thereon;
and
WHEREAS the City of Dubuque,
Iowa and the Dubuque Metropolitan
Area Solid Waste Agency Board have
agreed that the City sell and the Agency
Board buy said real estate hereinafter
described for purposes of Solid Waste
Landfill;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the sale by the City of
Dubuque, Iowa to the Dubuque Met-
ropolitan Area Solid Waste Agency
Board of real estate for landfill purposes
described as:
E% of the SEV. of NE'/4; and the NEI/,
of the SEV4 of Section 1, Township
88 North, Range 1 East of the 5th
P.M. in Vernon Township; and the
NEV• of NWV.; Lot 1 of SE1/4 of
NWI/4; NWV. of NWIh; and SWI/,, of
NWV4 Section 6, Township 88
North, Range 2 East of the 5th P.M.
in Table Mound Township, all in
Dubuque County, Iowa
for the total sum of $309,419.83 be and
the same is hereby approved.
Ssc*m 2. That the City Clerk be and
he is hereby authorized and directed to
cause notice to be published of intent to
dispose of City's interest in real estate as
is by law required.
Passed, approved and adopted this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
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 Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 205-76
A Resolution ratifying and con-
firming all action heretofore taken
for the creation of the Dubuque
Metropolitan Area Solid Waste
Agency, for the award of con-
struction contracts and for the
authorization, sale and Issuance
of $1,700,000 Solid Waste Dispo-
sal Revenue Bonds of that Agency.
WHEREAS pursuant to resolutions
heretofore adopted on December 15,
1975, by this City Council of the City of
Dubuque, Iowa, (hereinafter called the
City) and by the Board of Supervisors of
Dubuque County, Iowa, (hereinafter
called the County) and Amended Inter-
governmental Agreement Creating the
Dubuque Metropolitan Area Solid
Waste Agency, (hereinafter called the
Agency) was approved and said Agency
was thereafter created; and
WHEREAS specifications were
prepared for the acquisition and im-
provement of a solid waste disposal
project. consisting of a sanitary landfill
site, improvements thereto and equip-
ment therefore, and after a public hear-
ing the Agency Board of the Dubuque
Metropolitan Area Solid Waste Agency
approved the specifications and, on
March 8, 1976, awarded contracts for
the construction and equipment of the
project; and
WHEREAS a Service Agreement
between the Agency and the City was
approved by this City Council and by
the Agency Board and executed by the
City and the Agency on April 19, 1976,
and after approval of a form of resolu-
tion authorizing the issuance of
$1,700,000 Solid Waste Disposal Reve-
nue Bonds of said Agency by this City
Council on April 23, 1976, and by the
Board of Supervisors of the County on
April 26, 1976, the Agency Board adopt-
ed said resolution and directed the ad-
vertisement of said bonds for sale; and
WHEREAS the bonds were sold on
May 6, 1976, to the Carleton D. Beh Co.,
the Agency Board has adopted a res-
olution establishing the gate fees to be
charged for the services and facilities
provided by the project and the Agency
Board has adopted a resolytion desig-
278 Regular Session, June 7, 1976
nating the Key City Bank and Trust
Company, in the City of Dubuque.
Iowa, as the place of payment of said
bonds and the interest thereon; and
WHEREAS it is considered necessary
and advisable that all action heretofore
taken for the creation of the Agency,
for the award of construction contracts
and for the authorization, sale and is-
suance of the above mentioned bonds
be ratified and confirmed;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque. Iowa, as follows:
Sectlon 1. That all action heretofore
taken for the creation of the Dubuque
Metropolitan Area Solid Waste Agency,
including the resolution adopted by this
City Council on December 15, 1975,
approving the Amended Intergovern-
mental Agreement Creating the Du-
buque Metropolitan Area Solid Waste
Agency, be and the same is hereby ra-
tified and confirmed in all respects.
Section 2. That all action heretofore
taken by the Agency Board of the
Dubuque Metropolitan Area Solid
Waste Agency for the award of con-
tracts for the construction and equip-
ment of the solid waste disposal project,
including the resolutions adopted by
the Agency Board on March 8, 1976, for
this purpose, be and the same is hereby
approved, ratified and confirmed in all
respects.
Section 3. That all action heretofore
taken for the approval and execution of
a Service Agreement between the
Agency and the City of Dubuque, in-
cluding the resolution adopted by the
City Council on April 19, 1976, approv-
ing and authorizing the execution of
said Service Agreement, be and the
same is hereby ratified and confirmed in
all respects.
Section 4. That all action heretofore
taken for the authorization, sale and
issuance of said $1,700,000 Solid Waste
Disposal Revenue Bonds of the
Dubuque Metropolitan Area Solid
Waste Agency, including the resolution
adopted by this City Council on April
23, 1976 approving the form of resolu-
tion to be adopted by the Agency Board
to authorize the issuance of said bonds,
the approved resolution adopted by the
Agency Board on April 26, 1976, au-
thorizing and providing for the issuance
of said bonds and the resolution adopted
by the Agency Board on May 6, 1976,
providing for the sale and award of said
bonds, be and the same is hereby ap-
proved, ratified and confirmed in all
respects.
Sectlon S. That the resolution adopt.
ed by the Agency Board on May 28,
1976, establishing the gate fees to be
charged for the services and facilities
provided by the solid waste disposal
project and the resolution adopted by
the Agency Board on May 28, 1976,
designating the Key City Bank and
Trust Company, in the City of
Dubuque. Iowa, as the place of payment
of the principal and interest on the
$1,700,000 Solid Waste Disposal Reve.
nue Bonds, be and the same are hereby
approved, ratified and confirmed in all
respects.
Section 6. That this resolution shall
become effective immediately upon its
passage and approval.
Passed and approved June 7, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Recorded June 7, 1976
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
low in g vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady. Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
June 3. 1976
Honorable Mayor
and City Council
Re: General Revenue Sharing -
Planned Use Report for the Period July
1, 1976 - December 31, 1976.
The Office of Revenue Sharing
requires each governmental recipient of
Revenue Sharing funds to submit a
Planned Use Report on how the
recipient intends to use the funds. The
Office of Revenue Sharing has notified
us that our allocation of funds for the
period July 1, 1976 -December 31, 1976
will be $465,925. This Planned Use
Report must be published so that the
citizens of the City of Dubuque will
have an awareness of how the City
plans to use the Revenue Sharing funds.
The publication of the report and the
subsequent submittal of the report must
be made to the Office of Revenue Shar.
ing by June 25, 1976. of the
Attached is a completed copy
Planned Use Report and below is a more
Regular Session, June 7, 1976 279
detailed tabulation of how we anticipate
using these funds.
Public sooty
Police Department Salaries . $160,960
Fire Department Salaries ... $203,390
Supplies & Services —
Police Department ......... $ 34,000
Police Automobiles ......... $15,350
$41'3,700
Environmental Protection
Storm Sewer Improvements $5,000
Health
Library
Ambulances $17,225
Library Books $20,000
Special Services for Aged or Poor
$9,500
$465,925
You are requested to adopt a resolu-
tion authorizing the City Manager to
execute the Planned Use Report and to
direct the City Clerk to publish this
report in our local newspaper.
Francis A. Murray
Assistant City Manager
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 206-76
Resolution authorizing the City
Manager to execute the Revenue
Sharing Planned Use Report and
directing the CUy Clerk to publish.
WHEREAS, the state and local Fiscal
Assistance Act of 1972 requires each
governmental recipient of Revenue
Sharing funds to submit a Planned Use
Report for each entitlement period; and
WHEREAS, a report covering the
seventh entitlement period, July 1, 1976
- December 31, 1976, must be submitted
no later than June 25, 1976; and
WHEREAS, the City of Dubuque
must report planned expenditure for
funds received in the seventh enti-
tlement period, July 1, 1976 -December
31.1976, in the amount of $465,925; and
WHEREAS, the law requires the
Planned Use Report to be published in a
local newspaper.
NOW, THEREFORE, BE IT RE.
SOLVED by the City Council of the City
of Dubuque, Iowa that
I. The City Manager be authorized to
execute the Planned Use Report for the
seventh entitlement period, July 1,
1976 -December 31,1976;
2. The City Clerk be directed to pub-
lish a copy of this Planned Use Report in
the local newspaper; and
3. That a copy of the Planned Use
Report be submitted to the Office of
Revenue Sharing prior to June 25, 1976.
Passed, approved and adopted this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
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 Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
June 3, 1976
Honorable Mayor
and City Council
Attached is a resolution for amending
our FY '76 budget. Also attached is a
resolution directing the City Clerk to
publish a notice regarding a public
hearing on the proposed amendment to
the budget.
Additional expenses have been in-
curred by the City in FY '76 in the
employment of additional CETA em-
ployees and expenses resulting from the
assumption of operation of the Five
Flags Theater. Expenses resulting from
employment of the CETA employees
will be reimbursed to the City by the
State. Expenses for the Five Flags
Theater will be financed from miscel-
laneous revenue sources.
The State Code stipulates that any
increases in expenditures by the City
over appropriations must be approved
by the City Council after a public hear-
ing. Consequently, you are requested to
adopt a resolution authorizing the City
Clerk to publish, in the local newspaper,
notice of a public hearing to be held on
June 21, 1976 on the proposed
amendment.
Francis A. Murray
Assistant City Manager
280 Regular Session, June 7, 1976
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carred by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION No. 207-76
A Resolution directing the City
Clerk to publish Proposed
Amendments to the Fiscal Year
1676 0udget and Date of Public
lbolftg•
WHEREAS, amendments are
proposed to the FY '76 Budget; and
WHEREAS, Section 384.16, Code of
Iowa, stipulates that public hearing
must be held on budget amendments.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
That they hereby direct the City
Clara to publish proposed amend-
ments to the FY '76 Budget and
date of public hearing.
Passed, approved and adopted this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution and a public hearing be
held on June 21,1976 at 7:30 o'clock P.M.
in the Council Chamber at the City Hall.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 208-76
Authorizing the execution of an
Annual Contributions Contract
with the United States of America
WHEREAS, under date of March 5,
1976, the City of Dubuque entered into
an Annual Contributions Contract with
the United States of America for 249
units of existing housing pursuant to
the Section 8 Housing Assistance
Payments Program; and
WHEREAS, under date of June 2,
1976, a revised Annual Contributions
Contract was tendered the City of
Dubuque for execution in order to cor-
rectly identify the project numbers of
the two projects within the total pro.
gram currently under administration by
the City of Dubuque; now therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa:
Secilon 1. That the Master Section 8
Annual Contributions Contract No.
KC -9004 is hereby approved, and the
Mayor of the City of Dubuque is hereby
authorized and directed to execute the
said contract on behalf of the City of
Dubuque.
Section 2. The Director of the
Department of Community Develop.
ment is hereby authorized and directed
to submit in the required number of
copies, the executed contract to the
Government together with such other
documents evidencing the approval and
authorizing the execution and im-
plementation of such Contract as may
be required.
Passed, approved and adopted this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
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 Pro Tem Stackis,
Councilmen Brady. Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION No. 209-76
Authorizing the publication of No-
tice of Sale of Project Notes (third
series 1976) and the receiving of
proposals for the sale of said notes
for the downtown Urban Renewal
Project, Iowa R-15
WHEREAS, under date of July 26,
1967, the City of Dubuque entered into a
Loan and Capital Grant Contract for the
undertaking of the Downtown Urban
Renewal Project, Iowa R-15; and
WHEREAS, under date of July 3,1972.
the Council of the City of Dubuque
adopted Resolution No. 213.72 author
izing to be issued, from time to time,
Project Notes in connection with the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, under date of January 26-
1976, the Council of the City of Dubuque
authorized the issuance and sale of its
Regular Session, June 7, 1976 281
Project Notes in the aggregate amount
of $463,000 to finance certain undertak-
ings in connection with the Downtown
Urban Renewal Project, Iowa R-15; and
WHEREAS, in order to refinance a
portion of said outstanding Project
Notes, it is necessary for the City of
Dubuque to sell Project Notes (Third
Series 1976) totaling $384,000; now
therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and
he, is herby authorized and directed to
publish according to law, "Notice of
Sale - Project Notes" in the form of
Exhibit "A" attached hereto and made a
part hereof.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
accept and tabulate proposals for the
sale of said notes and send telegrams of
acceptance to the low bidder or bidders
all in accordance with instructions
covering such transactions as provided
by the Department of Housing and Ur-
ban Development, United States of
America
Section 3. That a meeting of the
Council of the City of Dubuque shall be
held after the bid opening date of June
22, 1976, to adopt such resolution or
resolutions necessary for the consum-
mation of the sale of Project Notes
(Third Series 1976) to the lowest bidder
or bidders.
Passed, approved and adopted this 7th
day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
NOTICE OF SALE — PROJECT
NOTES
City of Dubuque, Iowa
Sealed proposals will be received by
City of Dubuque, Iowa (herein called
the "Local Issuing Agency") at City
Hall, 13th and Iowa in the City of
Dubuque, State of Iowa 52001, until, and
Publicly opened at, 1 o'clock P.M. (E.
S,T.) on June 22, 1976, for the purchase
Of $384,000 of Project Notes (-Third Se -
nes 1976), being issued to aid in financ-
ing its project(s) as follows:
Amount: $384,000; Series: Third -
1976; Maturity: November 18, 1976.
The Notes will be dated July 20, 1976,
will be payable to bearer on the Maturi-
ty Date, and will bear interest at the rate
or rates per annum fixed in the proposal
or proposals accepted for the purchase
of such Notes.
All proposals for the purchase of said
Notes shall be submitted in a form ap-
proved by the Local Issuing Agency.
Copies of such form of proposal and
information concerning the Notes may
be obtained from the Local Issuing
Agency at the address indicated above.
Detailed information with respect to the
conditions of this sale may be obtained
from the June 8, 1976 issue of Dally
Bond Buyer.
City of Dubuque, Iowa
by Leo Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh
May 26, 1976
To the Honorable Mayor
and City Council
The construction of the Grandview
Avenue and Highway #20 Traffic Sig-
nals has been substantially completed in
accordance with plans and specifica-
tions by Moldt Electric Service, Inc. of
Dubuque, IA.
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 Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
FINAL ESTIMATE
RESOLUTION NO. 210-76
WHEREAS, the contract for the
Grandview Avenue and Highway #20
Traffic Signals 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 $40,266.73.
That none of the cost thereof shall be
assessable upon private property and
282 Regular Session, June 7, 1976
$40,266.73 shall be paid from the Road
Use Tax Fund of the City of Dubuque.
Passed, adopted and approved this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
(A Resolution Accepting Inprovement)
RESOLUTION NO. 211-76
WHEREAS, the contract for the
Grandview Avenue and Highway si 20
Traffic Signals 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 City Coun-
cil of the City of Dubuque, that the
recommendation of the City Manager
be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the funds to be realized from the Road
Use Tax Fund upon the above described
improvement in amount equal to the
amount of his contract, less any re-
tained percentage provided for therein.
Passed, adopted and approved this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
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 Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Airient — Mayor Lundh.
RESOLUTION NO. 212-76
BE 1T RESOLVED by the City Coun.
cil of the City of Dubuque, Iowa, that
the following have complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted to sell Cigarettes and
cigarette papers within said City.
William J. Baum, 2995 Central Ave.
William Billikas, 963 Main St.
Carl N. Brant, 2600 Central Ave.
Dodge House Motel, 701 Dodge St.
Patrick Fenelon, 3130 Jackson St.
Ronald J. Fens, 1121 University Ave.
Fischer Bowling Lanes, 880 Locust St.
Fischer Realty Co., 9th & Main St.
General Cinema Corp., 555 J. F. K. Road.
Lorraine Goodman, 2327 Central Ave.
Hardee's of Dubuque, 703 Dodge St.
Carl Hirsch, 532 E. 22nd Street
John R. Hirsch, 206 W. 3rd Street
Robert J. Kehl, 62 Locust St.
James Klauer, 1646 Asbury.
JoAnn H. Klauer, I 1 th & Jackson.
Hazel Koeller, 2987 Jackson St.
Beverly A. Larsen, 1701 Central Ave.
Orville Murphy & Sam Friedman, 139
Locust St.
David A. Parochetti, 2600 Dodge.
Pride Service, 2175 Central.
Pride Service, 280 Locust St.
Riverside Bowl, 1860 Hawthorne.
Neil Miller Inc., 629 Rhoibberg Ave.
John L. Savary, 827 Dodge St.
W. S. Sheppley Co., Dubuque Bldg.
Shell Service Center, 3201 Central.
Transcalle Inc., 2260 J. F. K. Road.
Raymond Tschiggfrie, 1190 Dodge St.
Alice B. Weber, 1187 Iowa St.
Passed, adopted and approved this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro Tem Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 213-76
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined;
Regular Session, June 7, 1976 283
NOW THEREFORE BE IT RE-
SOLVED by the Citv 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
Dubuque Post 46 of the American
Legion, Iowa Department 1306 Delhi
St.
Passed, adopted and approved this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro Tem Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — None.
Abstain — Councilman Brady .
Absent — Mayor Lundh.
RESOLUTION NO. 214-76
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
Dubuque Post 40 of the American
Legion, Iowa Department 1306 Delhi
St.
Passed, adopted and approved this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tern
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro Tem Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the fol.
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Tully, Wertzberger.
Nays — None.
Abstain — Councilman Brady.
Absent — Mayor Lundh.
RESOLUTION NO. 21S-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
Douglas Wayne Zickuhr, 1701 Asbury
Road
Passed, adopted and approved this
7th day of June, 1976.
Emil Stackis
Mayor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
Jaynes E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro Tem Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
RESOLUTION NO. 216-76
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 Ordi-
nances 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.
284 Regular Session, June 7, 1976
CLASS "B" BEER PERMIT
Douglas Wayne Zickuhr, 1701 Asbury
Road.
Passed, adopted and approved this
7th day of June, 1976,
Emil Stackis
Mavor Pro Tem
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
I.eo F. Frommelt
City Clerk
Mayor Pro Tem Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger
Nays — None.
Absent — Mayor Lundh.
At 8:56 P.M. Councilman Brady
moved to go into Executive Session to
discuss a Personnel Matter. Seconded
by Mayor Pro Tem Stackis. Carried by
the following vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully.
Nays — Councilman Wertzberger.
Absent — Mayor Lundh.
Council reconvened in Regular Ses-
sion at 9:38 P.M.
There being no further business,
Councilman Wertzberger moved to ad-
joum this meeting to July 12, 1976, at
7:30 o'clock P.M. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Pro Tem Stackis,
Councilmen Brady, Tully, Wertzberger.
Nays — None.
Absent — Mayor Lundh.
Leo F. Frommelt
City Clerk
Approved November 15, 1976
Adopted November 15, 1976
.......
November 1
Clerk
I
Special Session, June 21, 1976 285
CITY COUNCIL
OFFICIAL
Special Session, June 21, 1976.
Council Met at 7:30 P.M. (C.D.T.)
Present — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called TO CON-
DUCT PUBLIC HEARINGS ON VAR-
IOUS TYPES OF ZONING ORDIN-
ANCES, and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
At 7:31 P.M. Councilman Tully moved
to go into Executive Session to discuss
Caradco situation presented by
Dubuque Industrial Coordinating Com-
mittee, appointments to Five Flags
Center Task Force and Personnel.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Council reconvened at 8:30 P.M.
D.I.C.C. representatives Interests
requested to continue to explore the
Caradco situation. Mayor Lundh an-
nounced the following appointments to
Five Flags Center Task Force to serve in
addition to Five Flags Central Commit-
tee and Recreation Commission: David
Schultz, coordinator, Randal J. Nigg,
David Bonnett, Irvin Behr, Robert
Brown, John Cody, Donald Deich, Dr.
Paul Delong, Dennis Fleege, Mrs. Wm.
Fuerste (Margaret), David Gilchrist,
Arnold Honkamp, Ms. Barbara Hopp -
mann, Delroy Johnson, William Jones,
Frank Licciardi, Walt Peterson, Frank
McCauley, Sr. Mary Carolann Miles,
David Miller, Mrs. Darryl K. Mozena
(Terry), Mrs. James O'Brien (Pat), Gene
Pierotti, Timothy Puls, Edward Rosen -
ow, Floyd Rundle, Harold Sweet, Merlin
Tanner, Thomas Voelker, Fred Wagner,
Mrs. Carl Zak (Margaret), Thomas
Graham, Jeff Whitehead, and John
Goodman. Councilman Brady moved
ratification of the appointments.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh,Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mayor Lundh announced the ap-
pointment of Floyd Whitney to the
Community Development Commission
IePresenting Labor. Councilman Stack -
is moved ratification of the appoint-
ment. Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Airport Commis-
sion submitting minutes of their meet-
ing of June 10, 1976, presented and read.
Councilman Stackis 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 Community
Development Commission submitting
minutes of their meeting of May 20,
1976, presented and read. Councilman
Stackis 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 Dubuque Transit
Trustee Board submitting minutes of
their meeting of June 8, 1976, presented
and read. Councilman Stackis moved
that the minutes be received and filed.
Seconded by Councilmen Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Dock
Commission submitting minutes of
their meeting of May 19, 1976, presented
and read. Councilman Stackis 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 Planning & Zon-
ing Commission submitting minutes of
their meeting of June 16, 1976, presented
and read. Councilman Stackis 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 Peoples Natural
Gas advising of a rate increase on bills
issued on and after July 23, 1976, 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:
286 Special Session, June 21, 1976
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication Pay Channel
Reardon
objecting toproposed
and being used to replace Channel 11,
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 Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque County
Historical Society complimenting the
renovation of the first Floor of the City
Hall and it would now seem appropriate
to remove the temporary office to per-
mit beautification of the setting around
City Hall, presented and read. Council-
man Tully moved that the communica-
tion be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Year, — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Clarence C. Faust
Jr. submitting names of two persons to
meet with two councilmen to work out
a compromise on the new Zoning Or-
dinance relative to storage of Recrea-
tional Vehicles, presented and read.
Councilman Stackis moved that the
communication be received and filed
and referred to the Mayor. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mayor Lundh appointed Councilmen
Brady & Stackis to assist with
compromise.
Communication of Bill Herrig of 2855
Brunskill supporting the proposed City
Plan for orderly development by annex-
ation, presented and read. Councilman
Stackis moved that the communication
be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Federa-
tion of Labor relative to Mr. Floyd
Whitney as a possible appointee to the
Community Development Commission,
presented and read. Councilman Stackis
moved that the communication 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 Five Flags Execu.
tive Committee advising of architectur-
al report on the multi-purpose audito.
rium proposal and requesting it beplaced
on the ballot at a special referendum as
soon as possible, presented and read.
Councilman Wertzberger moved to sus.
Pend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mrs. F. Benjamin Merritt and Bob
Runde spoke relative to the commu-
nication, requesting approval of referen-
dum and suggesting date of August 17,
1976; Complete bond issue would be for
$3.7 million.
Councilman Stackis moved that the
communication of Five Flags Executive
Committee be received and filed and
referred to the City Manager for proper
proceedings and referendum be set for
August 17, 1976. Seconded by Council-
man Wertzberger. Carried by the -fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Teleprompter
Corp. submitting financial statements
for the year ending December 31, 1975,
presented and read. Councilmen Tully
moved that the communication be
received and filed. Seconded by Coun.
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays — None.
June 11,1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has received the
petition of Mr. William Giese of Giese
Company, hereto attached, requesting
reinstatement of a zoning classification
on their property comparable to that
which existed prior to the adoption of
the new Zoning Map in September,
1975. The property is located at the
southeast and southwest corners of the
intersection of East 30th Street and Elm
Street in the City of Dubuque, Iowa.
The subject properties are described
as Lot 48 and Lot 49 of Glendale Addi-
tion, and are zoned R-3 Residential and
C-1 Commercial on the current Zoning
Map, but had been classified in the H4
Special Session June 21 1976
288 Special Session, June 21, 1976
WHEREAS, the Governor of the State
of Iowa, through the office for Planning
and Programming, has designated the
City of Dubuque as a Program Agent:
and
WHEREAS, previously the City of
Dubuque, in FY '76, has been allocated
$78,602.00 under this program; and
WHEREAS, additional funds in the
amount of $223,395.00 have been allo-
cated to the City of Dubuque for the
purpose of extending the Public Service
Employment Program in the communi-
ty; and
WHEREAS, it is required of the City,
as Program Agent, to submit a
modification of its present employment
plan and contract with the Iowa State
Office for Planning and Programming:
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque. Iowa that
the Mayor is authorized to sign the
Contract for Public Service Em-
ployment with the Iowa State Office for
Planning and Programming.
Passed, approved and adopted this
21st day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully.
Nays — Councilmen Brady,
Wertzberger.
Verbal request by the City Manager
to discuss progress on annexation was
considered. Mayor Lundh moved to
Review Annexation and set into proper
motion for discussion at a meeting to be
held on Thursday, June 24, 1976.
Seconded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notice of Car Damage Claim of David
G. Swan, in the amount of $237.00, as
the result of his truck being struck from
the rear on Highway 20 near St. Joseph
Church due to a water condition on May
21, 1976, presented and read. Council.
man Brady moved that the Notice of
Claim be referred to the City Attorney
for proper proceedings. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notice of Suit of Steven R. Faust, in
the amount of $150,000., for personal
injuries received as the result of a fall on
city -owned property at Water Depart.
ment Garage on December 19, 1975.
presented and read. Councilman Brady
moved that the Notice of Suit be
referred to the City Attorney for proper
proceedings. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notice of Suit of Betty Jean & Robert
Thill, in the amount of $65,000., for
personal injuries incurred by plaintiff as
the result of a car -truck accident from
accumulation of ice in the area of 2167
Central Ave. on January 16, 1976, pre-
sented and read. Councilman Brady
moved that the Notice of Suit be
referred to the City Attorney for proper
proceedings. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
June 9, 1976
Honorable Mayor
and Councilmen
If you will recall on the 24th day of
May, 1976, Mr. Tom Miller appeared
before your Honorable Body for and on
behalf of Fred Sievers doing business as
Utility Service Associates in which Mr.
Miller suggested that Mr. Sievers would
furnish a list of all of the persons from
whom he has collected payments for the
Water Department in exchange for the
City's undertaking to honor his collec-
tions and agreeing to receive payments,
in return from Mr. Sievers on their
terms.
1 have reviewed this matter and find
the following to be the fact that on the
16th day of July, 1971, the City of
Dubuque directed a letter to Mr. Sievers
advising him that he was no longer
authorized to collect payments for the
City of Dubuque, Iowa, Water Depart-
ment and thereafter on two separate
occasions notice was published in the
newspaper in an ad form notifying
general public that payments were no
longer to be made at Mr. Sievers' a fen
lishment and that, thereafter, apparent-
ly
pP
ly despite the foregoing, Mr. Sievers
continued to hold himself out as being
Special Session, June 21, 1976 289
authorized to accept payments from
various consumers of their respective
water bills.
It is the opinion of the City Attorney's
office that the conduct of Mr. Sievers in
holding himself out as an authorized
payee for and on behalf of Dubuque
Water Department was tantamount to a
fraud in that he knew, or should have
known, that his authority had been
revoked and that he was no longer per-
mitted or authorized to make such
collections.
The foregoing paragraph is to be
especially noted in the light of the ex-
isting practice by the water department
in showing on the reverse side of the
water bills where the bills may be paid.
Accordingly, it is the position of the
City Attorney's office that there is no
legal excuse of justification to accept
Mr. Sievers' proposal. 1 find no legal
authority for the City to waive
payments of the respective water bills.
R. N. Russo
City Clerk
Attorney Tom Miller, representing
Mr. Sievers, stated that Mr. Sievers was
willing to give up stubs to Water
Department. Turning over of bills was
never meant as a trade-off.
Councilman Brady moved that water
shut-off notices continue to be sent and
upon proper presentation of paid receipt
at Water Dept. office of payments made
to Utility Services, shut-off will be held
in abeyance until further consideration
by the Council. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas — Councilmen Brady, Stackis.
Nays — Mayor Lundh, Councilmen
Tully, Wertzberger. MOTION FAILED.
Councilman Tully moved that the
communication of City Attorney 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.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amending Zoning Ordinance No.
32.75 amending certain sections so as to
clarify procedures for administration of
Zoning reclassification requests and
providing for circumstances in which
public hearings may not be required,
presented and read. No written objec-
tions 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 publica-
tion be received and filed. Seconded by
Councilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 22-76
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", BY
REPEALING SECTION 8-103.2 OF AR-
TICLE Vill THEREOF AND ENACTING
NEW SECTIONS 8-103.2, 8-103.3,
8-103.4, AND 8-103.5 OF ARTICLE VIII
IN LIEU THEREOF, SO AS TO CLARIFY
PROCEDURES FOR THE ADMINIS-
TRATION OF ZONING RECLAS-
SIFICATION REQUESTS, AND
PROVIDING FOR CIRCUMSTANCES
IN WHICH PUBLIC HEARING MAY
NOT BE REQUIRED.
said Ordinance having been previously
presented and read at the Council
meeting of May 24, 1976, presented for
final adoption. Councilman Stackis
moved that the rule requiring an Or-
dinance to be received and filed at two
meetings prior to the meeting when
final action is taken, he dispensed with.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 22-76
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" BY
REPEALING SECTION 8-103.2 OF AR-
TICLE VIII THEREOF AND ENACTING
NEW SECTIONS 8-103.2, 8-103.3,
8-103.4, AND 8.103.5 OF ARTICLE VIII
IN LIEU THERE OF, SO AS TO CLAW
IFY PROCEDURES FOR THE ADMIN-
ISTRATION OF ZONING RECLAS-
SIFICATION REQUESTS, AND
PROVIDING FOR CIRCUMSTANCES
IN WHICH PUBLIC HEARINGS MAY
NOT BE REQUIRED.
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. That Ordinance No. 32.75,
known us the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" be and the same is hereby
amended by repealing Section 8-103.2 of
Article VIII thereof, and enacting new
Sections 8.10.3.2, 8.103.3, 8-103.4, and
8.103.5 of Article VIII in lieu thereof as
follows:
290 Special Session, June 21, 1976
"ARTICLE Vlll
Section 8-103.2 Reclassification
Procedures and Policies: Application for
Reclassification: Any person may
request a reclassification of property to
another district, regardless of such per-
son's interest in the property, by sub-
mitting two copies of a completed
"Request for Zoning Reclassification"
form, together with the fee specified in
Article X of this ordinance, to the Plan-
ning and Zoning Department. The
Department shall serve notice on the
City Council of the pendency of such
request. The Planning and Zoning
Commission shall consider the request
with due diligence. On finding the
request to be inappropriate, the Com-
mission may forthwith return a recom-
mendation for denial to the City Coun-
cil. The Commission may not recom-
mend approval of any reclassification
request which is found to be substantial
in nature, as defined in Section 8-103.3,
without first conducting a public hear-
ing on such reclassification. Where a
reclassification request is not deemed
substantial in nature, the Commission
may in its discretion, but shall not be
required to, hold a public hearing there-
on. The Commission shall hold a public
hearing on any request when so direct-
ed by the City Council.
8-103.3 For purposes of this ordi-
nance, the following shall be considered
substantial reclassification requests: 1)
Any request which would result in the
expansion in area of existing zoning
district by more than twenty per cent
(20%); or (2) Any request which would
result in the creation of a new district
which would not be contiguous to any
other similarly -classified property; or 3)
Any request involving the reclassifica-
tion of more than two (2) acres of
property; or 4) Any request for a
Planned Unit Development District de-
signation, as provided in Section 4-110.
Section 8-103.4 Commission Action:
Following the public hearing, or if no
hearing is held, then at any time fol-
lowing receipt of the reclassification
request, the Commission may act to
recommend approval or disapproval of
the request. The affirmative vote of at
least five (5) Commission members shall
be required to constitute approval of a
substantial zoning reclassification
request as defined in Section 8-103.3,
and any lesser number of affirmative
votes shall constitute a disapproval of
the request. A failure of the Commis-
sion to consider a zoning reclassifica-
tion request within 60 days following
receipt of the request shall constitute
Commission approval thereof. A recom-
mendation of the Commission shall
forthwith be transmitted to the City
Council for its action.
8403.5 Council Action: Following
receipt of any recommendation of the
Commission, or on finding that the
Commission has not considered the
request within the sixty (60) day limita.
tion, the City Council may initiate final
action on the request. A Commission
recommendation for denial of a request
may be approved by the Council with-
out public hearing. If the Commission
recommends approval of a request, the
City Council shall act to hold its own
public hearing on the requested reclas-
sification, at which all interested par.
ties shall have an opportunity to be
heard. At least fifteen (15) days notice
of the time and place of such hearing
shall be published in the newspaper of
general circulation in the City.
Following the public hearing, the
Council shall act to adopt or reject the
reclassification request. In cases where
the Commission has recommended this
disapproval of the reclassification, the
affirmative vote of at least three-
fourths (%) of the Council shall be
required to enact the reclassification.
Furthermore, in case of a protest
against the reclassification request
signed by the owners of twenty per cent
(20%) or more either of the area of the
lots included in such request, or o6those
immediately adjacent in the rear there-
of extending the depth of one lot or not
to exceed two hundred feet (200')
therefrom or of those directly opposite
thereto, extending the depth of one lot
or not to exceed two hundred feet (200)
from the street frontage of such oppo-
site lots, such requests shall not be
enacted except by the favorable vote of
at least three-fourths (.%) of the Coun-
cil."
Section 2. That the foregoing
amendment has heretofore been ap-
proved by the Planning and Zoning
Commission of the City of Dubuque.
Iowa. roved
Passed and adopted and app
this 21st day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk