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1976 February Council Proceedings 20 Special Session, January 26, 1976 Regular Session, February 2, 1976 31 CITY COUNCIL There being no further ,busi- ness, Councilman Stacki,s moved to adjourn. 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 OFFICIAL Regular Session, February 2, 1976. Council met at 7:30 P.M. (C.S.T.) Present - Councilmen Brady, Stackis, Tully, Wert,berger. City Manager Gilbert D. Chavenelle. Absent-Mayor Lundh. Mayor Pro.Tem Stackls 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 saspend 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- itybe 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. Approved .................,.....,............1976 Adopted ......................................1976 ...................,............................................ ................................................................ ................................................................ ......................."....................................'" """""""""""""""""'ëò~~~iï;;;ë~"""" Attest: . ................................................. City Clerk 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 reo ceived and filed and resig!)ation 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 Regular Session, February 2, 1976 33 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 I 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 Honorable Mayor and City Council I am returning to you the peti- 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. 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-<~1 3-4 (1) of ordinance No. 32-75 to the Dubuque Board of Adjustment. The minutes, of the Board of Adjustments meeting show Docket I No. 38-75 of the Dubuque Board of Adjustment being an application of Roger Rommel, for a conditional ¡¡se 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 Hall 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, i. no longer binding; 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 foI' 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 (1) 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 Commissiou and Dave Clcmens of the Five Flags Executive Commit- tee spoke to Council requesting a budget of $50,000. over 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. Thoms 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- 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 thÐ 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 'h 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 tl;1e discrepancies that were I1oted at your public hearing on January 26, 1976. We respectfully request that the current draft be set for public hearing. Daniel Dittemore Development Planner Regular Session, February 2, 1976 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 çhapels 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. Carried by the following vote: Yeas-Mayor Pro-Tem Stackis, Councilmen Brady, Tully, Wertz- berger. Nays-None. Absent~Mayor Lundh. 34 Regular Session, February 2, 1976 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: Yea""":Mayor, Pro-Tem Stackis, Councilmen Tully Wertzberger. Nays-Councilman Brady. Absent-Mayor Lundh. ORDINANCE NO. 2-76 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY ENACT- ING A NEW SUBSECTION s TO SEC- TIONC OF SCHEDULE.III THEREOF AND BY ENACTING A NEW SUB- SECTION 9 TO SECTION E OF SCHEDULE III TH~REOF TO PRO- VIDE EAST AND WESTBOUND VE- HICLES MUST STOP BEFORE ENTER- ING THE INTERSECTION OF JOHN P. KENNEDY ROAD AND UNIVER- SITy AVENUE. . NOW THEREFORE BElT ORDAIN- ED.BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA, . .SECTION 1. Th" O"lin,n" No. 33-49 known" ch, "T"fficCod, of Duhuque, low,," " ,m,nd,d, b, ,nd ch, um, i, hmby 'm'nded by ,n"cing , new'ub- ""ion 8 to Smion C of Scheduie HI ch"eof " follow", "SCHEDULE HI c. W",bound "hid" mu" "op befo" 'nteting the inc",ectiou of, 35 8. Unim,icy Ave. ,ndJohn F. Kennody Rd." - . SECTION 2. Th" Ocdin,n" No. 33.49 known" the "T"f£ic Code of Dub"q~" low,," " ,m,nded, be 'nd the' "me ¡, h",by ,mend,d by en"ting . n,w Sub, ""ion 9 co Section E. of Sch,duI, III ch"",f" follow" "SCHEDULE HI. E. E",bound v,hid" mu" "op bolo" ,ntedng the incme"ion of, . 9. John F. K,nn,dy Ro,d and Uni",,- ,icy Ave." . P""d, 'ppcoved, ,dopted chic 2nd d,y of Feb,."y, 1976. Emil S"cki. . M,yoc Pco Tem Thom" A. Tully Rich"d Wmzbcesce Cuuncilm,n ATTEST, Leo P. Fcommclc, City Cicek Publi,hed offici,lly in ch, Tcl'g"ph H",ld N,w,papce chi, "h .d,y of Feb,u- "y 1976. Leo F: Fcommclc lC2/f" CicYClcek Mayor Pro-Tern Stackis. moved final adoption of the Ordinance. Seconded by' Councilman Tully. Carried by the following vote: Yeas-Mayor Pro-Tem Stackis, Councilmen Tully, Wertzbergerc A'bsent-;-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 Agreementhave 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 Agreemenlt, 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 "Au 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 Sessi"m, February 2, 1978 l\egubr Session, FebJlliOtty 2i, 1976 37 cllte said Agrcement for and. on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he i. hereby directed to transn>it an executed copy of said Agreement together with eertified copy of this Resoln.tion to the Du- buqne 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. TuUy, Jr. Richard Wertzberger James E. Brady Attest: Leo F. Frommelt City Clerk DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY SOLID. WAS'fI!! SERVICE A6RE.EMENT BETWEEN THE AGENCY AND TH'E 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: WHEIlEAS, the Agency was created and exists for the pur- pose of serving the needs of its members i" such matters oftraus- port, processing and disposal of solid waste as may be agreed upon between its Mèmber, as defined herein, and the Agency; and. WHEREAS, it has been agreed between the City of Dubuque and the Agency that the terms, provi- sionsandconditions O'Í this Agree- ment shall a¡pply to transport and/ or disposal faeilitle. supplied by the Agency; and WHEREAS, the City of l'Iubllque Is a member in good 'standing of sue!> Agency and in a ,posi1ion to contract with the Agency for the ",ansport and/or disposal services hereinafter enumerated upon the terms ami conditions herina!ter specified; and WHERIDAS,the .Cityhas antiai. pated and dees anticiPate that said c0ntraet 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 .ofsuch services and that the transport and/oT 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- haif 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 shaU 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 IS 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" shaU 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 aU or part of the cost of the construction of additions, extensions and improve- ments to said project. C. "Contract Payments" shaU 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. D. "Member" shall mean the City of Dubuque and County of Dubuque who are members of the ¡\¡gency, pursuant to the Inter- go<'Ðrnmental Agreement dated April 21, 1975, and as amended by agreement dated December 15, 1975. E. "'N~n.lt1ember" shaU m<mn cities not party to the Intergovern. tal Agreement but which have en- tered into an agreement or agree. ¡nents with the Agency for use ~f the services provided by the Agency. F. "Projects" as defined for the purpose of this Agreement shall mean the transfer facility for the tränsporting of wastes from dis. tant areas to the disposal facilities; aud the di~osal faciJIty for the dis- ¡posal of wastes in the form of a san- i.tory landfill, to be acquired and constructed hy the Agency, together wIth any and all additions, exten- .sions and improvements hereafter made to said sites from any sources whatsoever, and shaU include with- "ut being limited to, eqnipment for the transport and disposal of solid waste, either residential, commer. ci!1 or industrial and aU 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 'gârhage, refuse, rubbish, and other similar discarded solid or semi-solid materials, including but not limit- ed to such materials resulting from industrial, commercial, agricultural âJ¡ddomestic activities, but does not include hazardous materials äs 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 inclnde 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 hy 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 'consu.ting 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 I GEN,E.RAL PROVISIONS S..lIon 1'01. Duties ef Agency. The Agency shall under the terms and prov4sions of this Agr;,ement provide sueh disposal sE>rvi<es to each and every MembE>r and con- tracted Non,Membé as ShAll be sufficient to comply with an (}f the provisions of 'Chapter 455B, Code of Iowa, 1975, as amended. Section 102. Commencement Data and Duration. 'l'he duties and obligations assumed by the City and the Agency under this Agreement shan become effective, functional and operational and shan <ommen<e 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 ot the project are sold and delivered. This Agreement and each and overy provioion hereof shall re- main in fun force and effect with respect to. the projecta until (1) the City shall have paid or haye been paid i.n fun an. Øf the Con- tract Payments rØquired tø ~e madJe with res¡pect to the. products as long as any of the bonds issued by the Agency with rE>spect to the project are outstanding and un. paid, and (Ii) the Agency sb.al1 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 w-ith r""pect to the projects. Upon the payment O'Í all of the bonds issued by the Agency to finance the cost of the projects or adequate provision made for Iheir payment and retirement, the duties, obligations and commit- ments assumed by the Agency and the City under the terms of this Agreement shan continue and re- main in fun force and. effect until such time as the City by ap- propriate procedqres dulY adopted 38 Regular Session, February 2, 1976 by said City terminates this Agree- ment and its obligations there' under. Section 103. Successors. 1;ubject tQ.tl1eterms and conditions' of the Resolution whenever the Agency or_the City as tl1e,case may be, is referred 'to herein, such pro- visions shaJl be deemed to include the' successor or successors of the Agency of the City as the case may be, whether so expressed or not. Subject 'to the terms and con- ditions of the Resolution, aJlof the' covenants, stipulations, obliga- tions andagreemel)ts by or on be- half of and' other provisions for the benefit, of the Agency Of the city contained . herein shall bind and shaJl "inure to the benefit of any officer, board, district, com- mission, imthority, agent or in- strumentality to whom or to which .there shaJl be transferred by or in .accordance with law any powers, duty or function ,of the Agency or1he City respectively, .or of its ,silCcessor,tl1e.,possession of which is necesary or appropriate, in order 'to. comply with any such covenants, stipulations" obligations, agree- ments. or, other provisions hereof. 'aÏl~e~~te~e!~~f ~~~~~ol~~r:~~~~~~1 ingin'! this' Agreement expressed 'ór impJi¿d is 1ntendèd or shall be 'construed to confer upon. any per- son., firm' or'eorporation other than thé par\ies. hereto; the holders 'of 'Bonds and th.,,"oupons there unto 'appertaining,' any right, remedy or :Claim, legal or'equitable, under or bY' reason' of thIs' Agreement, this Agreement being intended to be 'and being' for the sòle and exclu- sive benefit ôf the' parties hereto, the holders from time to time of .the Bonds and the coupons there- , unto appertaining. The' Agency and the City agree that this Agree- ment is executed in part in order to induce the purchase by others of the Bônds of the Agency to be issued to finance the construction 'of the project, as defined herein, and for the purposes of securing said Bonds, and accordingly all of the covenants, stipulations, obliga- tions, agreements or other provi- sions on the part of the Agency arid the City set forth in this Agree- mentare hereby declared to be for the benefit of the holders. and registered owners from time to time of said Bonds. The Agency may pledge, assign and transfer the right to receive and coJlect Con- tract Payments in the Resolution together with the Agency's rights to enforce this Agreement, and from and after such pledge, assign- ment, or transfer, such assignee shaJl have the Agency's rights and privileges hereunder to the ex- tent, and as conferred, in such pledge, assignment, and transfer' provided, however, the Agencý shall be primarily responsible to provide ,.the transport and/or dis- posal services herein contemplated. Section 105. Disposal. The City does hereby agree, that to the fuJl extent permitte'd by law, aJl Solid Waste generated from within its jurisdiction shaJl be disposed of at the disposal facility of the Project. . Section 106. Rates to be Charged ;lor Transport and/or Disposal of Solid Waste. 1. The Agency shan ,ix, establish and maintain. rates, charges, toJls and other fees for .the transport and/or disposal !if Solid Waste and shaJl revise, the same from time to time as shall al- waysbe 'sufficient to provide thê amounts set forth in Schedule A of this Agreement. The Agency un- .der, the, provisions of this Section shallcoJlect such rates, charges, toJls, and other fees for the trans- port and/or disposal of SolidWast,e in the ~oJlowing manner: " A: The Agency shaJl introdUce and keep in fuJlforce and effect until the Bonds are fl)Jly paid for or provision duly made .for their retirement a schedule of rates to be charged upon entry to the Project for the transport and/or disposal of Solid Waste. The meth- od of levying such rates shall be determined by the Agency and shall be revised from time to time in order to.complywith the provi- sions of this Agreement. E. The Agency shaJl coJlect from the City at such times and in the manner hereinafter provided the City's share as established in Schedule A any amounts necessary which together with the revenues received by the Agency under sub- section A above shaJl be sufficient to produce the amounts required Regular Session, February 2, 1976 under Schedule A of this Agree- ment. 2. The Agency shaJl 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 shaJl 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- I 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 shaJl give at least one week's published notice of the time and place of hearing. At said hearing any Member or user shaJl 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 originaJly 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 bndgeted 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 coJlected by the Agency for the Project in the preceding quarter. Such quarterly payments shaJl be paid no later than the beginning of each quarter. For the fiscal year commencing July 1, 1976, the City in lien of the above quarterly payments shaJl advance to the Agency the amount of $50,- 000 for initial operation. The Agen- cy shall reimburse the advance I 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 defauH 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 delay beyond the control of the Agency or inability 39 40 Regular Session, February 2, 1976 to award construction contracts for construction of the Project for total bids that are within the es- timated total construction cos~s for the Project or in the event of the inability of the Agency to issue its Bonds to finance the cost of the Project. The Project shall, upon comple- tion, be free and clear of all liens and encumbrances of every kind and character performed in con- nection with the construction of the Project, including mechanic's liens, laborers' and materialmen's liens and other liens similar in nature. However, nothing in this Section 201 contained shall re- quire the Agency to payor cause to be discharged or to make provi- sion for the payment of any such lien or encumbrance so long as the validity thereof shall be con- tested in good faith by appropriate legal proceedings. Section 202. Additional Con. struction. The Agency may alter, reconstruct, improve, extend or acquire additions, extensions and improvements to the Project, if such construction is to be financed with funds of the Agency other than the proceeds of additional Bonds issued by the Agency and pursuant to this Agreement; pro- vided, however, that the Agency may not issue such additional Bonds, without the prior approval of the City or without complying with the applicable provisions of the Resolution relating to the is- suance of parity obligations. The Agency shall not make expendi- ture for improvements or exten- sions or acquisitions to the proj- ect in excess of $50,000 in any fis- cal year without the consent of the City. Section 203. Financing of Proj- ect by Agency. The Agency agrees to finance the cost of the project from the proceeds derived from the sale of its Bonds and cove- nants that the proceeds of such Bonds shall be sufficient to pay the entire cost of said Project pursuant to the plans and specifi- cations proposed for that purpose. Any moneys received by the Agen- cy or the City for the purpose of financing part of the cost of said Project prior to the issuance of said Bonds shall be used to reduce the total amount of Bonds to be issued by the Agency for the .con- struction of said Project. If, how- ever, the Agency has prior to the receipt of such moneys issued and has then outstanding Bonds such moneys so received shall b~ set aside and used for the sole purpose of paying the principal of and interest on said Bonds. Section 204. Assignment of Grants, etc. The City hereby as- signs to the Agency all right, title and interest in and to any grant of payment made or to be made by the United States of America or any Agency or instrumentality thereof or by the State or any agency or instrumentality thereof in respect to the Project, and the Agency is hereby authorized by ,the City and the Agency hereby agrees with respect to any such grants or payments to make such applications or other requests for such grants or payments, to enter into and perform any and all agreements required to com- ply with any applicable laws in re- spect thereof and to take such other and further action as is re- quired or permitted in the prem- ises. Section 20S. Termination. The City may not withdraw or in any way terminate, amend, or modify in any manner to the detriment of Bondholders this Agreement if Bonds have been issued and are then outstanding. Any Bonds for the payment and discharge of which, upon maturity or upon re- demption prior to maturity, pro- vision has been made through the setting apart in a reserve fund or special trust account created pur- suant to the Resolution to insure the payment thereof, of moneys sufficient for that purpose or through the irrevocable 'segrega- tion for that purpose in a sinking fund or other fund or trust account of money sufficient therefore, shall be deemed to be no longer outstanding and unpaid within the meaning of any provision of this Agreement. Section 206. Governmental Ap- proval. The Agency and the City have heretofore obtained prior to the execution of this Agreement, or shall promptly obtain prior to the issuance of the Bonds, all gov- ernmental approvals, including permits from or approvals of the Regular Session, February 2, 1976 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 III 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- vitees, 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 non-observ- 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 302. 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. Budgat 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 41 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 ather 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 Saction 501. Additional Partias. 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 execrlted by the parties heretO'. ARTICLE VI Remadles Sactlon 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 wiJI be raised against the other. ARTICLE VII Restrictions on Competing Disposal Solid Waste Systems Section 701. Non-Competitive Facilities. So long as ~any Bands of the Agency are outstanding, the City shall not grant any fran- chise ar 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 ar demolition material, tree re- moval residue, decrepit automo- biles and other nonputrescible sol- id waste generated aut of the City's awn activities, in a dispasal site apart from an Agency dis- posal site. The Agency however shall have the right to' establish, construct and acquire any other transport and/ar disposal project, provided, the same shall became part of the project. CITY OF DUBUQUE, IOWA By Emil Stackis, Mayor Pro-Tem Attest: By Lea 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 tatal amount collected by the Agency at the transport and/or dispasal 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 callected 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 amaunts required to be paid into Regular Session, February 2, 1976 the Bond Reserve Fund and The B. Land Purchase Replacement and Improvement 1. 218 Acres Gantz Fund. Enterprise. John The Agencyahall reimburse the Gantz ................ 174,400.00 City from the bond proceed funds 2. 40 Acres John spent by the City pursuant to Gantz ................ ~ Chapter 455 B of the Code of Iowa, 1975, including but not lim- Total Land ited to the purchase of land and Purchase. .......;.. 204,400.00 expenses associated with the land C. Consultant Engmeer s purchase, professianal services, C~st HDR & and studies and reports as listed C WA .................. 82,407.91 belaw, together with such addi- T. - tional costs the City may incur D. otal. CIty Casts ......$300,913.83 for that purpose. . CouncIlman Tul.ly moved adop- . lIon of the resalutlOn. Seconded by Expenses accurred by the CIty Councilman Wertzberger. Carried af Dubuque through November by the falloWing vote' 20, 1975 to meet the City obliga- Yeas - Mayor Pro-Tem Stackls tion for Chapter 455B af the Code Councilmen Brady, Tully, Wert': of Iowa, 1975. berger. A. Site Selection and Testing Nays-Nane. 1. Smith Farm Site Absent-Mayor Lundh. Option to purchase..$5,000 ORDINANCE NO. 3-76 Recording Fee """" 10 An OrdInance establishing Rates Soil Boring- and other charges for tha Serv- Tschiggfrie .......,.. 354 ices of the Tra...porft and/or Soil Testing- Disposal Facilities provIded by Soil Test .............. 147 tha Dubuque MetroPOlitan Are.. Solid Waste Agency, presented and read. Mayor Pro- Tem Stackis moved that the read- ing just had be considered and first reading af the Ordinance. Seconded by Councilman Wertz. 182:50 I ~~~::er. Carried by the following Yeas - ,Mayor Pro-Tem Stackis, Councilmen 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 Coun- cilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro.Tem Stackls, 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 FROVIDED BY THE DUBUQUE METROFOLITAN AREA SOLID WASTE AGENCY WHEREAS, the City of Dubuque, low, h"ein,f", "fenod to " the City h" - Tatal 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 Tatal Airpart Sites $437.50 Transfer of cast taken care af sep- arately. 4. Gantz & Walier Sites Soil Borings-initial.. 200 Lundin Realty. Appraisal............ 200 Voelker Realty- Appraisal............ 200 Entry Award Waner 1,000 Soil Boring Nickals 297.79 Soil Boring Tschiggfrie .......... 465.75 SoilBoringWarzyn.. 1,940.38 Damages-Jecklin "" 1,000.00 Thomas Luksetich.. 650.00 Lundin Realty........ 677.00 Tatal Gantz & Waner Site Cost ............$7,630.92 43 Regular Session, Fabruary 2, 1976 $4.75 gate fee rate at the proposed land fill. Councilman Brady moved adoption of the resolution. MO- TION DIED FOR LACK OF A SEC- OND. Regular Session, February.$, 1976 44 45 Yeas - Mayor Pro-Tem Stackis, Councilmen Tully, Wertzberger. Nays - Councilman ,Brady. AlYsent - 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. kbsent - Mayor Lundh. Petition of Berrybrook Corpora- I tion requesting permit to sell box candy by members of the Berry- brook Youth Club in the business - atea on February 7, 1976, present- . ed and read. Councilman Brady moved that the request BE DE- IqIEJD 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 tead. Jim Wallace of RR. #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 Counell. Seconded ,by Mayor Pro-Tem Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Stackis, I Councilmen Brady, Tully, Wertz- berger. hmtofo" entmd Into ,n In",so..,"- men,,1 Ag"ement with the County of Dubuque cmting the Dubuque Met,opol- I"n, Am Solid W"" Agoncy, h"el..ft" I "f",ed to " thc Agency pn"..nt to the p,ovi,io", of Ch,p'" ZSE, Code of low,. 197>, £0, thc pu'po" of ""ting "Id Agcncy: ..d WHEREAS, the City h" dec"d to a"'pt tho "'",poet ..d/o' dl'po,,1 ,m- ice, of "id Agency ,nd i, , memb" of ,ueh Agoncy; ,nd WHEREAS, it I, ne"""y fo, "Id Agency to I"no Solid W"" Dl,po"l Rev- enu, Bonda fOt the putpO" of "quldng ..d co","ucting ",napoet ,ndlo, dlapo,,1 faciliti,,: ,nd WHEREAS, it ia noce,,"y und" the ",ma of a"d Solid W"" Smlee Ag"'- m'", th" ptio, to the mcudon titmof tho City coo" ,n Otdin,n" ""bliahing ""', ftOt, toll, and oth" ch"g" f<om the wid,nu of "id City fOt the ut< and ""vi"a of "id ",",poet and/o, ditpo"i f"ilid", now, the"fo", BE 11' ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA, SECTION]. Th" ,he Ci,y will fix, ""bliah and maln"in "'" Ot o,h" ch"g" fo, the u" of ,nd ,he "tVic" and faciliti" "ndmd by the Agency. Such "t" Ot chang" may b, to fixed, ""bliahed ,nd m"n"ined and "vl"d !tom time to dme when'm ncc""'y " will ,lw,ya p<ovide the City with auflie- Icnt ,mnue '° pay th, ""'" tolla, fcca, "n"it Ot oth" eh"g" Ievi,d again" it by th, Agency fOt the paymenu of th, ami", ,nd f"Hiti" p<ovidcd by the ~rthCr;c~70:'~~1 f~~d'~:I;~~e toA c":ìp!~ I Solid W"" Sml" Agmmont; p<ovid,d how,m, th, City m,y in lu dia",tion apply ouch oth" hwfully avail,hle moneya it h" on hand fo' ouch pu,po"" SECTION 2. Th" thia o,dinance ah,ll "ke effect ,ftc, iu en"tment In the mann" p<ovld,d by hw. Emil S"cklo M,yo' Pto Tern ATTEST, Leo F. F<omme!t, City CI"k Publi,hed offidolly In the T,!egtaph H",!d Newopop" ,hi. "h d,y of Feb,"- "y 1976. Leo F. F,omme!t, It 2/5 City Cl"k 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 tn the establishment ofa NaYS-None. Absent - Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of Pub- Lic Hearing to dispose of interest 10 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 ZI 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-Tern Stacki., Councilmen Brady, Tully, Wertz- berger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO, 27-76 WHJ;)REAS, pursuant to Resolu- ti<lI1 and published notice of ttme 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 dispo.e of interest of the City of Dubuque in real estate to Harry A. Blewett and Margaret J. Blewett, husband and wife; and W!HEREAS, 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. Btewett and Margaret J. Blewett, husband and wife; NOW THEJRE'FO'RJE BE IT R£. SOLVEJD BY THE CITY COUNOJJL OF THE CITY OF DUBUQUE, IOWA: Section, I. That the disposal of interest of the City of Dubuque, Iowa of an interest in a 2.5 foot wide easement in Lot lZ 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.:; foot wide 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 caré 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 0-1 Commercial District and recommends your fav- orable consideration of the attach- ed Ordinance. CITY PLANNING AND ~ONING CO~&~ON 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. 32-7'5 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by repealing sub- 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, aud stmilar retail convenience goods stores as principal permitted uses in the C"1 District, presented and read. Mayor Pro-Tem Staekis moved that the reading just had be considerd the first reading of the Ordinance. Seconded by Council- man Tu!ly. Carried ,by the follow- ing vote, Regular Session, February 2, 1976 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. 28.16 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 Àsbury 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 Dutmque, 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 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 üITY '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; 46 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 wiJI 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 dO)- 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 . ATI'EST: 'Leo F. Frommelt City Clerk Coùncilman 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. Regular Session, February 2, 1976 Sectio'n 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- reeted 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 accep,tance 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; Jr. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To instaH water mains and water service laterals in accordance with plans submitted with the plat; . d. To install storm sewers and catchbasins in accordance with e. ¥~a~~s~~~m:~~ec~e~~t~i~~~~~st; as I 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 I (4) years from date of their ac- ceptance ,by the City of Dutm- 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 i 41 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 providéd for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the pro- visions hereof shaH .be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADO.PTED 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 21)d 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. Regular Session, February 2, 1976 Regular Session, February 2, 1976 48 49 Yeas - Mayor Pro-Tem Stackis Councilmen Brady, Tully, WertZ: berger. ' Nays - None. Absent - Mayor Lundh. RESOLUTION, NO. 29-76 Resolution autho,rizing the City Clerk to, advertise for bids for Communications Equipment for Phase II of the County-City Tele- communications Plan. WHEREAS, the City of Dubuque is a member of the Dubuque Law Enforcement Telecommunications Plan under a 211E Agreement; and WHEJREAS, 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- tionsplan; 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 WH.EJREAS, 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 CrTY C'OUNCIL OF 1lliE OITY 'OF DUBUQUE, I'OWA 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 Yeas - Mayor Pro-Tem Stackis, Councilmen Brady, Tully Wertz- berger. Nays - None. Absent - Mayor Lundh. January 30, 1976 HonorgbIe 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 Hili Community Subdivision No.1" in the City of Dubuque, Iowa. The subject property lies north of Davis Avenue aud west of Windsor Avenue. The Commission has found that the plat which also dedicates the street right-of~ay of Stoue Ridge. Place, is in conformance with Plan- I 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, Tu!ly, Wertz- berger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO,. 30.76 Resolutio'n approving the Plat of Blocks I through 7 each in I "Phase One of Stone Hill Com- mun,ity 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 Hili 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 Pians 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 I piat; and January 30, 1976 Honorabie Mayor and City Council You are requested to adopt a resolution authorizing the City Cierk to publish with the County I 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 Enforccment Telecommq.nications pian under a WE 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 H 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 wili he replac- ing all existing outmoded VRiF 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 H. 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 Manager Councilman Tully moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: WHERœJAS, said plat has been examined by the City Planning and Zoning Commission and had its approvai 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' S'OLViED BY THE CITY COUNCIL OF THE CITY 'OF DUBUQUE, IOWA: Section I. 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 Hili 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 approvai 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- inousconcrete, 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 acocrdance 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- tious filed by the owuer 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- ATTEST: Leo F. Frommelt, City GJerk Councilman Tully moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Car- riedby the following vote: 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; 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 shaH es- tablish an Iowa Corporation known as Stone HilJ Community Associa- tion; said Stone HilJ Community Association shaH be a property own- er's association and provide for I the maintenance, improvement and development of real property, and improvements and fixtures located thereon, described as: Block 7 in "Phase One of Stone HilJ 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 shaH 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 HilJ Community Subdivision No.1" in the City of Dubuque, Iowa. Section 4. Block 7 in Stone HilJ Community Subdivision No.1 in the City of Dubuque, Iowa is also kuown as Common Area which property shaH be maintained for the purposes identified on the final development plan and kept in neat and proper order. The City of Dubuque, Iowa, shaH 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 HiH Community Subdivision No.1" in the City of Dubuque, Iowa, shaH 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 shaH be owned and maiutained by the City of Du- buque, Iowa. b. The streets and parking areas located on Block 7 in "Phase One of Stone HilJ Community Subdivision No.1" in the City of Dubuque, Iowa, shaH be private streets and parking areas and owned by Stone HiH Community Association, and shaH 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 aH cost to such owner. c. AH 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 HilJ Community Subdivision No. 1" in,the City of Dubnque, Iowa, shaH be as- sessed against Stone HilJ Devel- opment Corporation and a lien upon said real property. Section S. That in the event Stone Hill Development Corpora- tion shaH 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 shaH ,be nun and void and Regular Session, February 2, 1976 the acceptance of the dedication and approval of the plat shaH not be effective. PASSED, ADOPTED, AND AP- PROVED by unanimous recorded roH can this 2nd day of Febru- ary, AD., 1976. Emil Stackis 'Mayor Pro-Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. FrommeIt, 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/sl 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. Isl Gilbert D. ChaveneHe City Manager Councilman TuHy moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the foHowing vote: Yeas - Mayor Pro-Tem Stackis, Councilmen Brady, TuHy, 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 foHowing applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First 51 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, I100 Lincoln Avenue RitaClal)cy, 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. TuHy 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. 32.76 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 rap, UOO Lincoln Avenue Rita Clancy, Clancy's Silver Tap, 201 East 22nd Street Passed, adopted and appróved 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 Special Session, February 9, 1976 53 ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by I Couneilman 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 material, 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: Yeas - Mayor Pro-Tem Stackis, Councilmen Brady, Tully, Wertz- berger. Nays - None. Absent - Mayor Lundh. Iæo F. Frommelt, City Clerk CITY COUNCIL Approved ....................................1976 OFFICIAL Special Session, February 9,1976. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Lundh, Council- men Brady, Sta,ckis, Tully, Wertz. berger. City Manager Gilbert D. Ch>lvenelle. 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 Ass'n. 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- I onded .by Councilman Tully. Car. ried by the following vote: Yeas - Mayor Lundh, CouncìJ- 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 I Adopted ......................................1976 ................................................................ ................................................................ ................................................................ ................................................................ ........................."""""ëò~~~ii~ë~""'.'. Attest: .................................................. City Clerk Funds. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, CouncìJ- men Brady, Stackis, Tully, Wertz- berger. Nays - None. Communication of Rehabilitation Commission submitting minutes of their meeting of FeÞruary 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 DuÞuque 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 résponse made by CouncìJman Stackis regarding the minutes sub- mitted by thé Dock Board. He stat- ed no privaté meetings wère 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. CouncìJman 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 Tul1y. 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 n05 Universtiy Ave. as the result of excessive noise, profane language, and parking problems, presented Special Session, February 9, 1976 AN ORDINANCE to require the disclosure by retail distributors of retail unit prices of consumer commodities sold, offered to be sold, or displayed for sale in the City of Dubuque, Iowa, presented and read. Councilman Brady moved that. the ordinance be referred to Citizens Advisory Commission to analyze same and urging them to hold hearings on the matter and bring back to Council with sug- gested revisions or acceptance of the ordinance. Seconded by Coun- cilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. 54 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 I 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 footbddge 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 TuJly 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, .Conncilmen Briidy, 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- ,;ngs be approved as printed. Sec- ~nded by Councilman Stackis. Car- , riedby the following vote: " Yeasc-!Mayor Lundh, Councilmen 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 new Section 7 and a new Section 9 in lieu thereof, respectively, defining the powers and Duties of the Du- buque Dock Board, presented and read. Councilman Brady moved that the Ordinance ,be referred to a work shop, determined by the Màyor, to be 'held on February 19, 1976, at 7:30 o'clock P.M. in the Council Chambers at City Hall. .Seconded by Councilman Wertz- berger. Carried by the foJlowing vote: . Yeas-1Mayor Lundh, Councilman . Brady, Stackis, Tully, Wertzberger. . Nays ~ Nolle. 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 aJley as Lot lA 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 ¡IUd deeded to Mr. Zqrcher 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" 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 NOW THEREFORE BE IT RE- I -SOLVED BY THE CITY COUNCIL OF THE OITY OF !DUBUQUE, IA.: S<tion I. 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 I for Dubuque County, Ia. 'Passed, approved and adopted this 9th day of February, 1976. AIvinE. 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, TuHy, 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: 55 Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tul.iy, Wertzberger. Nays - None. Councilman Stackis moved that a public hearing be held on the Ordinance on March I, 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 Puis, as repre- sentative of Girl Scout Cadette Troops#!!1 and #162, requesting permission to address the Council concerning endorsement as repre- sentatives for the City on their Bicentennial Committee, preesnted and read. Linda PuIs 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- iution endorsing same. Councilman Stackis moved that the petition of Linda PuIs be re- ceived and filed. Seconded by Councilman TulIy. Carried by the folIowing vote: Yeas-Mayor Lundh, Councilmen 'Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Fred J. Gibson & Co. Realtors, requesting the rezoning of Easterly 'h of Lot 3 in John P. Mettels Subdivision No.2 from &5 to OR-I Zoning Classificatiou (3422 Asbury), presented and read. Councilman Stackis moved that the petition be referred to Plan- ning & Zoning Commission for proper procednre. 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 TulIy moved that the petitIon be received and filed and request be denied. Sec- onded by Councilman Brady. Car- ried ,by the folIowing vote: 56 Special Session, February 9, 1976 YeaB--'Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Abstain - Councilman Stackis. Petition of St. ColumbkilJe's School inviting the Council to join in the celebration of one of their school iiturgies during Cathoiic 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, Wert"berger. 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 foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays - None. Petition of Ruth & RusseJl Nash requesting amendment of the pres- ent Zoning Ordinance to permit low-impact shops, art galleries, florists and gift shops to be added as aJlowable uses in O-R Zones, presented and read. RusseJl Nash addressed the Council stating there was no Spec- ial Hearing as to their permit be- ing denied; aJl relative to their 4th Street project ,as to possible Historic Zoning. They are seeking change to include galleries, etc., in O.R Zones and are presently operat- ing under a definite contraction. Couucilman Stackis moved that the petition of Ruth & RusseJl Nash be referred to Pianning & 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 pubiished 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. ChaveneJle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the fQJlowing vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, TuJly, Wertz- berger. Nays-None. RESOLUTION NO. 34.76 WHEREAS, the City of Dubuque has appiied 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 shaJl 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 TuJly. Carried by the following vote: Special Session, February 9, 1976 57 Yeas - Mayor Lundh, Council- men Brady, Stackis, TuJly, 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 TuJly moved that the com- munication be received and filed. Seconded by Councilman Brady. Carried by the foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, 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 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. TuJly, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman TuJly moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, 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 Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman TuJly. Carried by the foJlowing 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-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Commuunication of Recreation Commission submitting a pay schedule for the Five Fiags 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, Counicil- 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 di.. 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 ....................................1976. Adopted ......................................1976. ............................................................ """",""""""""""""""""""""""""'" ""","""""""""""""""""""""""""'" ......................................."............-...... ............................................................ Councilmen Attest: """"'ëïiÿ"ëi~;¡;""""""""""'" Special Session, February 16, 1976 OFFICIAL . Specie I 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. Chave.elle. . iMayor Lundh read the call and stated that service thereof had cb,een 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 Wert.berger. 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 theanti.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- ly along Windsor Avenue, and fur- ther objecting to the loud music Coming from the Comiskey Ice Rink, presented and read. Coun- 59 cilman Stackismoved 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 cJarificationof 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 r.oad and praying for relief of excessive noise, bottle throwing, profane lan- guage and etc., presepted 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 AI. 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 TuJly. Carried by the following vote: Yeas - Mayor Lundh, Council- I men Brady, Stackis, TnJly, 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 foJlowing vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, TuJly, 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 òf 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 be 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 Community Development Commis- sion; now therefore BE IT RESOLVED by tp.e 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 "An 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 HaJl, 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 SpecHtl Sessioll,February 16,1976 Councilman TuJly moved adop- ,tion of the resolution. Seconded by Councilman Stackis. Carried by the foJlowing vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, TuJly, 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 were 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 abie 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 '&1 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. 11. 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 foJlowing 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. 'Iii. 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 ofprincipalcapitaJ-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, I 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 PùblicaÌÏon, 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 pùbli- 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 end 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 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 CHA-NGING ORDINA-NCE NO. 32-7í, 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 ",]"U" hminol", d"cdbed w.. "conly onnoxod to, ond become poet 01 the City 01 Dubuque, low" by R"olution No. 4"-75 01 the City Council, p.."d, opptuvod ,nd odop"d " iu moOting 01 Docemb" 22, 1975, which onnox"ion w.. upon volun"'y p"ition, ond WHEREAS, the Plonning ond Zoning Commi"ion 01 the City 01 Dubuque, lowo, 1,.. opptovod ond "commonded tbt "id "tdtoty ",entiy onne",d ond he"inol"t d"cdbed be zoned ond elo"ilied .. 0 "C-3 Act"iol Bu,in,,' Comm"ciol Di"tict." NOW THEREPORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" Odinonco No. 32-75, known.. the "Zoning Otdi.."co ond Zoning Mop 01 the City 01 Dubuqu<, low,," be ,nd the "me i, h",by omended by zoning ond cl..,ilying "cen.tiy on- noxed tettito,y, hminoltet d"ccibed, .. 0 "C-3 Acted,i Bmine" Comm"ciol Di.- Ctict," to-wit: Special Session, February 16, 1976 63 "Lot 2 01 Lot 1 01 Dubuque Hom" Con'"~ Gtove Plo", ond Lot 2 in Du- buque Hom" Centee Gmvo PI"e No. 2; ond Lot 2 01 Lot 1 in Dubnque Hom" Cento, G,ovo PI"e No.2, ,Ii in Section 2S, Tow",hip 89 Nonh, R,nge 2 E..t 01 the 5th Pdneipol Medd¡'n, Dubnque Tow",hip, Dubu- que County, lowo. c....i"ing 01 5.029 "", mo" ",Ie,,; ond ,Ii 01 th" pm 01 the dght-ol-woy 01 U.S. Pdm"y Highwoy 20 in the Nonh y, 01 the South"" y. 01 Socdon 28, Tow",hip 89 Nonh, R,nge 2 Em 01 the 5th Ptincipol M"id¡'n, Dubuque Town- ,bip, Dubuque County, lowo, £Com Sudon 2363 plu, 17.4 w"tetly to Sudon 1247 plut 38, .. ,hown upon the officiol highwoy "cotd, co. 1949, ond eo",i"ing 01 16.182 "w." SECTION 2. Th" "id tonitoty be ond the "me ,h,Il be in ,nd bocome pm 01 the Thin"nth Voting P,ecinct 01 the City of Dubuque, lowo. P",ed, 'pptoved ond ,dop"d chi, 16th doy 01 Febtu"y, 1976. Alvin E. Lundh Moyot Thom.. A. Tully Jt. Rich"d Wectzb"g" J,m" E. Budy 'Emil Sucki, Councilmen ATTEST, Leo F. F,ommdt, City CIcek Publi,hed offici,liy in the Teleg"ph H",!d Newtp,p" thi, 19th doy 01 Febtu- "y 1976. 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 14thand 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: Leo F. Ftommelt, It 2/19 City Cicek , 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- -- -- Special Session, February 16, 1976 Special Session, February 16, 1976 64 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 I 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 I this 16th day of February, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger Emil Stackis James E. Brady Councilmen 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 coustruction 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 uponobjec. 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 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. (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. Each 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 cstimated 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 Olerk. 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 Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger Councilmen Attest: Leo F. Frommelt City Clerk Councilman Tully moVed adöp- 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 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. - -- Special Session, Febru~ry 16, 1976 contractor. The railway portion of pation of deferred payments of as- any street or assessment district sessments as provided by law after shan be assessed to and paid by the work has been completed and the railway company. accepted by the City Council. ' The above resolutiou was Intro- BE IT FURTHER RESOLVED duced, approved and ordered plac- that the City ,clerk be and he is ed on file with the City Clerk this hereby ordered and directed to 26th day of January, 1976. advertise for proposals for the coIl- RECORD OF FINAL ADOPTION struction 01 the various improve- The foregoing resolution was ments herein provided for in the linaily passed and adopted, as pro- manner provided by law, the said posed, by the City Council this 16th Improvements shall be completed Day February, 1976. on or before 60 days after notice Alvin E. Lundh to proceed has been issued. Mayor BIE IT FURTHER RESOLVED Thomas A. Tully Jr. that this resolution being deemed Richard Wertzbe¡ger urgent and of immediate necessity Emil Stackis' shall be in force and effect from James E. Brady and afte~ its pass~ge and adoption Councilmen by the CIty CouncIl. ATTEST: Passed, adopted and approved Leo E Frommelt this 16th day of February, 1976. City' Clerk Alvin E. Lundh Councilman Stackis moved adop- Mayor lion of the resolution. Seconded Thomas A. TulJy, Jr. by Councilman Tully. Carried .by Richard Wertzberger the folJowing vote: James E. Brady Yeas-Mayor Lundh Councilmen Emil Stackis Brady, Stackis, Tully, Wertzberger. Councilmen Nays-None. ATTEST: (Ordering Construction) Leo. F. Frommelt RESOLUTION NO 41.76 CIty Clerk BE IT RESOLVED' BY THE Councilman Stackis moved adop- CITY COUNCIL OF THE CITY OF tion of the resolution. Séconded by DUBUQUE that pursuant to a Councilman Tully. Carried by the resolution of necessity No. 17-76 folJowmg vote: which was duly passed by this Yeas~Ma;:or Lundh, Councilmen Council, for the John F. Kennedy Brady, StacklS, Tully, Wertzberger. Road Sanitary 'Sewer Extension, Nays- None. East Side be and the same are February 9, 1976 hereby ordered and constructed by Honorable Mayor this Council upon its own motion and City Council and with or without the petition of The construction of the Center property owners. All the work Grove ValJey 18" sanitary sewer shalJ be constructed in accordance has been completed and accepted with the plans and specifications by the staff and the City Council. heretofore adopted and now on file Therefore, we recommend a Reso- in the office of the City Clerk. lution be passed estabJlshing the BE IT FURTHER RESOLVED connection charge to said sewer. that the cost and expense of the This is the method used to finance said improvements be paid for by the City's share of the cost. levying special assessments against Gilbert D. Chavenelle the privately owned property Iy- City Manager ing within the assessable distance Councilman Stackis moved that from the improvements, whether the communication be received and such property abut upon the same filed. Seconded by Councilman Tul- or are adjacent thereto, according Iy. Carried by the following vote: to the area thereof and in propor- Yeas-Mayor Lundh, Councilmen tion to the special benefits con- Brady, Stackis, Tully, Wertzberger. ferred, and any deficiency wilJ be Nays - None. paid out of the sewer funds of the RESOLUTION NO. 42.76 city. Payments wiJI be made to Resolution establishing a Connec. the contractor out of funds real- tion Charge for the Center Grove ized from the sale of bonds or with Valley Sanitary Sewer 1972, an Sewer Bonds to be issued in antici- eighteen (18) inch Sanitary Sew- 66 Special Session, February 16, 1976 61 er constructed from existing Cat. fish Creek Sewer to a point 12,417 feet Westerly. WBEREAS, 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 an the grants are paid in connec- tion with the construction of said sewer, including engineering and inspection fees, amounting to $299,440.68, and WBEREAS, the Department of I 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 I. 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 appJlcant shall pay $7.93 per Jlneal 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- I necting to said sewer, which prop- erty is not within the corporate Jlmits 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 shalJ be construed to exact any charge for any exten- sion of said sewer by the. City of Dubuque, Iowa, or its permittes. Section 4. That the City Clerk be and he Is hereby authorized and directed to record a certified copy of this Resolution In the of 1 ice of the County Recorder of Dubu- 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: YeaB---'Mayor Lundh, Councilmen Brady, Stackis; Tully, Wertzberger. Nays - None. . February 1'3, 1976 Honorable Mayor and City CounciJ 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 IO, 1968 and will be in effect un- til November 1, 1988. Payments are retroactive to July 1, 1974, and wilI amount to $I8,334.00 monthly. Celotex Corporation This is an amendment to the present contract dated December 23, 1968 and wiJI 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 sh~1I be increased to $12,959. Dubnque 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 198O-JUly 1995 $542. monthly Inland Molasses Company Special Session, February 16, 1976 Alvin E. Lundh .Mayor Thomas A. Tully, Jr. James E. Brady' Emil Stackis Councilmen 68 The 20 year contract is to ,be effective July 1, 1975 and will consist of the following payment I schedule: ' July 1975-July 1980 $3,659. monthly July 1980-July 1995 $2,183. monthly I would recommend acceptance of the contracts as pr'oposed. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Scéonded 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 Amendme'nt to Sewer Service Agnement 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 THERiEFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE OITY OF DUBUQUE, 1OWA: 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 ful1y set out herein be and the same is hereby approved, ratified and confirmed. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agree- ment 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, appr'oved and adopted 'this 16th day of February, 1976. 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 Se_r Service Agreement by and between the City of Dubuque, Iowa and Celotex Corporation Dat- ed February 13, 1976. WHERiEAS, 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 Febr'uary 13, 1976 should be ap- proved. NOW THEREFORE BE IT HiE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 her'ein 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 execnte 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 and adopted this 16th day of February, ,1976. 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. RESO'LUTION NO. 46-76 Resolution Approving Sewer Serv, ice Agreemen;t by and between the City o,f Dubuque, Iowa and Inland Molasses Company, dated Febru- ary 13, 1976. WHEJREAS, the City of Dubuque, 16wa and the Inland Molasses COm- pany have for some period of time been negotiating for terms and agreements pertaining to a Sewer Service Agreement; and WHJiJRJjJAS, the City Council of the City of Dubuque, Iowa has ex- amiued the Sewer Service Agree- ment and finds that said Agree- ment dated Febr'uary 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 Se<v- 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 isher'eby appro¥- ed, ratified and confirmed. S""tion 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. TulJy, 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 folJowing vote: Special Session, Febmary 16, 197B Alvin E. Lundh Mayor Thomas A. TulJy, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resoluiion. Seconded by Councilman TulJy. Carr'ied by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. RESOLUTION NO,. 45.76 Resolution approving Sewer Serv- Ice Agreement by and between the City of Dubuque, Iowa ðnd Dubu- que Tank Terminal Compa,ny, da,ted February 13, 1976. WHEREAS, 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 ~EAS, the City Council of the City of Dubuque, Iowa has ex- amined the Sewer Service Agree- ment and finds that said Agr'ee- ment dated February 13, 1976 should be approved. NOW THEREFORE .BE IT RE- SOLVED BY THE CITY COUNCIL OF l1HE CITY OIF 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 fulJy 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 I directed to excute said Agreement for and on behalf of the City of DUbuqne, 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. TulJy, Jr. Richard Wertzberger James E. Br'ady Emil Stackis Councilmen 69 70 Special Session, February 16, 1976 ized and directed to endorse the approval of the City of Dubuque Iowa, upon said plat, provided the owner' of said property herein named, execute written acceptance hereto attached agreeing: a. To reduce al1 streets to grade and to construct concrete cm'b and gutter and to hard surface Stone Ridge Place with bitum- inous concrete, or with concrete paving with integral curb, al1 in accordance with City of Dubuque standard specifications; 1>. To instal1 storm sewers and catchbasins in accordance with the plans described herein and submitted with the plat; c- To instal1 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 instal1 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 HiI1 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 shal1 be a property owner's association and provide for the maintenance, improvement and Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tul1y, Wertzberger. Nays-None. RESOLUTION NO. 47-76 Resólution Approving the Plat I of Blocks 1 through 7 each in "Phase One of Stone Hili 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 he 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 I\idge Place, which the Owner by said plat has dedicate4 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- ;ng,or storm sewer installed; . WHEREAS, there was passed, 'adopted and approved by unani- .mouS recorded 1'011 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. 47-76 is for corrective purposes; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication o:f Stone Ridge Place as the same appears upon said plat, be and the same. is hereby accepted; Section 2. That the plat of Blocks 1 through 7, each in "Phase One of Stone Hill Community Subdivision No.1" in the City of Dubuque, Iowa, be and the same is hereby appro'led and the Mayor and City Clerk are hereby author- Special Session, February 16, 1976 71 development of real property, and I improvements and fixtures located thereon, described as: Block 7 in "Phase One of Stone RiI1 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- I buque, Iowa, and for such services 01' 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- U is under- stood and agreed that upon final acceptance by the City of Dubu- que, Iowa, said improvements shal1 be owned and maintained by the City of Dubuque, Iowa. b. The streets and parking areas I 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. NI assessable costs for maiu- 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. 'S..-ction 5'. 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 shal1 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 AT'I'EJST: Leo F. Frommelt City OIerk ACCEPTANCE OF RESOLUTION NO. 47-76 We, the undersigned Stone Hill Corporation having read the terms and conditions of the foregoing Resolution No. 417-76 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. ChaveneJle City Manager Councilman TuJly moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following wte: 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 IMayor 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. RESO'LUTION'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, 1'800 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 FebTuary 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City C¡el'k '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 WHiiJRIE;\.S, 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 he occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFO'RE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager !>e authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C'" BEERPE,RMIT 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-"MayorLundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays~None. Leo F. Frommelt 'City Clerk Special Session, February 16, 1976 73 Approved ....................................1976 Adopted ......................................1976 ........................................................... ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: .................................................. City Clerk 74 Special Session, February 20, 1976 CITY COUNCIL (OFFICIAL) Spe<:ial Session, February 20, 1976. Council met at 4:15 P.M. (C.S.T.) Present - Councllme'n Stackis, Tully, Werlzberge,r. City Ma,nage,r GiJ.berl D. Chavenelle. Absent Mayor Lundh, Council. ma,n 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 CONSIDEmNG AN APPLICA- TION OF DUBUQruE SYMPHONY ORCHES'l1RA AUXILIARY INC. FOR A CLASS "c" (COMMER- CIAL) BœJEJR & 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 apptoved this 20th day of February lQ76. Emil Stackis Mayor Pro-Tem Thomas A. Tully, Jr. Richard Wertzberger Councilmen ATTEST: Leo F.Frommelt City Clerk Councilman Wertzberger moved adoption of the tesolution. Second- ed by Councilman Tully. Carried by the following vote: Yeas-Mayor Pro.Tem Stackis, Councilmen Tully, Wertzberger. Nays-iNone. Absent-Mayor Lundh, Council. man Brady. RESOLUTION NO. 51.76 WHEREAS, applicatiol)s for Liq- uor Licenses were filed by the witWn named applicants and they have teceived 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 THEREFO'RIE BE IT RJE. 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- tte, 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 Cle1'k Councilman Wertzberger moved adoption of the resolution. Sec- onded by Councilman Tully. Car- ried ,by the following vote: Yeas - Maýor Pro-Tem Stackis, Councilmen Tul1y, Wertzberger- Nays - None. Absent - Mayor Lundh, Coun. cilman Brady. Thete being no further business, Councilman Wertzberger moved to adjourn. Seconded by Councilman Tul1y. Carried by the fallowing vote: Yeas-Mayor Pro.Tem Stackis, Councilmen Tul1y, Wertzberger. Nays-None. Absent-;Mayor Lundh, Council- man Brady. Leo F. 'Ftommelt City Clerk Approved ....................................1976 Special Session, February 20, 1976 75 Adopted """,...............................,1976 ............................................................ ............................................................ ............................................................ ............................................................ """"""""""""""ëöü~~ii¡;;ë~""""'" ..................... Attest: """ciiy"ëïërk' 76 Special Session, February 23, ¡976 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 Stac~s 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, TulJy, 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, TulJy, 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 AlJen- 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, TulJy, 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 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, TulJy, 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 Coun.cil- man Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, TulJy, 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. Communication of Planning & Zoning Commission submitting minutes of their meetin.g 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-l to R.4 Residential District as re- quested by James Schwers, pre- sented and read. Councilman Brady moved that the communi. cation be tabled until next week. Seconded by Councilman Tully. Carried by the folJowing 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 reo 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, ~nd lies south of Kelly Lane and abuts property on Pego Court which is within the corporate City limits. The Commission h~s 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. 77 78 Special Sessioi1, 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_ofelaims paid, for the month of January, 1976. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication' be received ,¡nd filed. Seconded by Councilman Wertzberger. ,carried by the fot- Jowing vote: Yeas -'-- Mayor Lundh, Council. 'mencBrady, StackiS, Tully, Wertz- berger. Nays-None. Proof of Publication, certified ioby 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 JoIIO\yin!(vote: ' Yeas"':" Mayor Lundh, Council- men Brady, -Stackis, Tully, Wertz. .h""gel'," . , Nays-None. OffièiaJ' Notice of' Blue Cross & 'BlueShield of subrogation rights in the aècident case of Delores -Schuller' of Jnly 1, 1975; in which the' City may' be 'responsible, pre- "anted' land' "eat!. Councilman Brady moved that the Notice be 'referred to- the City Attorney 'for 'proper proceedings. Seconded 'by 'Councilman Tully. . Carried i 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 Òrdinance 'No- 32-75 by adding a new subsection (5) to Section 4- 104.4 of Article tV thereof and by adding a neW subsection (4) to Section 4-118.5 of Artièle 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 an" 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 Amanding and Changing Ordinanca No. 32.75 known as the "Zoning Ordinance and Zoning Map of tho City of Dubuque,lowa" by adding a MW Subsection (5) to Section 4- 104.4 of Article IV thereof and by adding a new subsection (4) to Section 4-118.5 of Articla IV to provide for the Inclusion of cemeteries, mausolaums, colum. barlums and chapels.. condi. tional usas in residential (R) dls. trlcts and In the institutional district (lD), Said Ordinance having been previously presente!Î and read a.t the, Council Meeting of February 2, 1976, presented, for final aliop- tion. ORDINANCE NO.5 76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. >2-71 KNOWN AS THE "ZONING ORDlN- ACE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY ADD- ~~gTlt~NI¡~o:.~BS~~T~:TI<~ik W THEREOF AND BY ADDINGÁ NEW SUBSEéTION (4) TO SECTlON4-lIS.1 OF ARTICLE' IV TO PROVIDE FdR 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. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION I. Th" th, "Zoning Otdin- an" and Zoning Map of th, City o,f Dubuqu" Iowa" b, and th, "m' I. ht"by amtnd,d ,by addIng a n,w Sub...tion (I) to S..tion 4-104.4 of A"id, IV th",of " follow", "ARTICLE IV. Sootion 4-IM.4 CONDITIONAL USES (I) Com,..ti.., ma",oI,um., oolumba,- ium. and ,hap'b." SECTION 2. That th, "Zoning Otdi- ntn" and Zoning Map of th, City of Dubuque, Iowa" be and th, "m' i. h",¡'y am,nd,d by adding a now Sub",tiori (4) to S..tion 4-1I¡.1 of A"itl, IV i. fol- ibw", Special Session, February 23, 1976 "ARTICLE IV. Sootion 4-lIB.1 CONDITIONAL USES (4) Cem't"i.., m,u.ol,um., oolumb,,- ium, and chapek" P""d, apptov,d and adopted thi, 23td day of F,btuaty, 1976. Alvin E. Lundh Mayor Thorn" A. Tully Jt. Riohatd W",zb"g" Jam.. E. B"dy Emil S..,ki. Coundlm,n ATTEST: Loo F. Fromm,It, City CI"k Publi,hed offidally In th, TeI'g"ph Horald N,w'paper thi, 26th day of Febm- aty, 1976. LeoF. FtOlnmelt, 't 2/26 City Clerk Councilman Stackia moved final adoption of the Ordinance. Sec- onded by Councilman Tully. Car. ried by the fallowing 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 Ordinanèe No.' 32-75 by amending Article tV 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 drùg 'stores,' health 'cáre sUPply, etc., as principal permitied úses ,in C:l Di8trlct, presented and re~d. No 'written obj~ctioiis 'were' filed ;and no oral objectors' Were pres- , ellt in the Council Chamber at thè time set for the hearing. Councii, Ij)ar¡ ;~tackis moved that the' proof of publicatiQn be received and filedi Seconded by .Mayor' Lundh. Carried by the folJowing vote: Yeas ~ Mayor' Lundh, Council- men Brady, Stackis, TulJy; Wertz- 'berge.. cO Nays-None. ORDINANCe NO: 6-76 An Ordinance amandlng and changing Ordinance No. 32.75, known as tho "Zoning Ordinance ,and ZoningMaþ of the City of Dubuqlle, Iowa:' by repealing Subsection (4) of Section 4,112.2 of Article IV thereof and enact. ins . new subsection (4)' of Sec. tion 4-112.2 of Article IV; in lieu thereof to provide fortha' Inclusion of drug stores, haalth 'care'$ûpply, and. similar retail connnien.ce goods ,stores "as principal permitted uses In the C.I 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. 32-71, KNOWN AS THE "ZQNING 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 4QI2.2 OF ARTICLE IV IN LIEU THEREOF TO PROVIDE FOR THE INCLUSION OF DRUG STORES, HEALTH CliRE SUP- PLY, AND SIMILAR RETAIL CON- VENIENCE GOODS STORES AS PRIN- CIPAL PERMITTED USES IN THE C-¡ DISTRICT NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA: SECTION I. That Otdin,n" No. 32- 75, known" th, "Zoning Otdinan" 'nd Zoning Map of th, City of Dubuque, low,," b, and th, "m, I, hereby 'm'nd,d by tep"ling ,ub""ion (4) of Scotion 4-112.2 of Atrid, IV th",of ;nd ,na"ing a new ,ub"etion (4) of S"tion 4-112.2 of Atriole IV in lieu th",of, to wIt: "ARTICLE IV - DISTRICT REGU: LATIONS S"tion 4-112.2 - PtineipaI P"mitted U,.. (4) Dtug "Ot", health tate ,upply and ¡Imilar "'ail eonvenr,n" , good, "°"'," SECTION 2. That' th, foregoing amend. m,ut h" he",ofote be", apptOved by the Planning ,nd Zoning Co",In;"ion of,th, Ci" ,of),).buq.".,!o"". p.."d, adopted ind 'pptoved thi'"3td d,y of F,þtuary, 1976.- ; AlvIn E. Lundh' Mayor Tholn" A. Tolly Jt. RIohatd Wemb"g" Emil Stoeki, Councilmen ATTEST: L,o F. FtOmmolt, City CI"k PnbIi,hed ~fficially In the Teleg"ph H"aIdNew,papbt thI, 26th day of F,bru: ary 1976. .L,o F. Frommolt. 't 2/26 City CI"k Councilman Stackis íi1oved final adoption of the Or,\Ü,r¡ance.Sec- onded by Mayor Lurtdh. 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, a,t 1889 ,Central Avenue ", 79 80 SpeciAl Session, February ~, 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 1 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. tionalColors from the fiag 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 prérequisite to receiving Federal Aid Assistance for any road construction projects involv- ing right-of,iWay 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 Co.uncil- 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 t1\e 1970 ,Uniform Relocation' Assist- ance and Land' Acquisition Poll. cies Act for such federal aid proj- ects, and WHEREAS, 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 reo 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, andth, at the City Clerk be and he is hereby directed to file the document with the Iowa Department of Transportation. Special Session, February 23, 1976 81 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, TulJy, 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. 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 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 I 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 folJow- ing vote: Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman TulJy. 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 undet terms and conditions of an agreement dated July 24, 1973 between Asbury and Dubuque. Section '10 of that agreement states that the City of Dubuque shaH establish a connection charge for the sewer to provide the reim- bursement to the Town of Asbury for their local cost òf constructing the sewer line. Asbur'y'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. ChaveneHe City Manager Councilman Stackis moved that the communication be received and filed. Seconded, hy Councilman Tully. Carried by the following vûte: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuHy, Wertzbetger. 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 agreemeut dated July 24, 1973 for the construction of a twelve (12) inch sanitary sewer system to serve the Town of As- bury, and WHEJREAS, the sanitary sewer from the Asbury nûw 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 CuHen, 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 ûf Asbury has certified that theit 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 shaH be established to reimburse the Town of Asbury for their local costs of the constr'Uction. NOW, THEIREFORE, be it reo 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, fûr permission to do so, and such permission shaH be granted upon condition that the applicant shaH pay $96.00 per acre to the City Tfeasurer of Dul>uque for the account of the Town of Asbury, Iûwa, as a connection charge. Said connection charge shall be payable prior to providing sanìtary sewer service to the following described property: The west one-half ûf the south- east quartet of Section 20, alsû called Mineral Lot 401; Lot 2 of northeast quarter of the southeast quarter of northeast quartet 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- et is relieved of any applicable connection'charges due under Resolution No. '~8-71. Section 2. Any applicant who de- sires to serve his property by con- necting to said sewer, which prop, erty is not witJ1Ìn the cûrporate 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 Resû- lution shall be construed to exact any chatge for the extension ûf said sewer by the City of Dubuque, Iowa, or its permitees. Special Session, Febrùary 23, 1976 'Sec,tion 4. That the City Clerk of the City ûf 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 I James E. Brady Emil Stackis Councilmen ATTEST: Leo F. FrommeIt City Clerk Councilman Stackis moved adop- tion of the resûlution. Seconded by Councilman Tully. Car'ried 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 THE~EFORE BE IT RE- SOLVED by the City Council of the I 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, IMith Gen¡eral AII- 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 I 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 83 by Mayor. Lundh. Carded by the following vote: Yeas---.Mayor Lundh, Councilmen Brady, Stackis, TuHy, Wertzberger. Nays--None. RESOLUTION' NO. 56-76 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 applicànts 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 nametlap, plicants a Liquor License. CLAS5 "C" (COMMERCIAL). SEER AND LIQUOR LICENSE Robert J. Karr, Bridge Restaurant . and Lounge (Also Sunday Sales), 35 Locust Street Car) N., Bra.nt, A& B.Tavern, 2800 Central Avenue -- Passed, adopted and approved this 23rd day of February, 1976. . Al'vinE.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, TuHy, 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. , - Regular Session, March 1, 1976 CITY COUNCIL OFFICIAL Regular Session, March I, 1976. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Lundh, Council- men Brody, 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 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 14, 1976 as "Karate Club Appreciation Week." HD&R Consultants, the City'S solid-waste consulting firm, pre- sented a study on the proposed solid-waste resource recovery sys. tem. Councilman Brady moved that the study be referred to the City 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. Nays-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. Nays-None. Communication of Dubuque Tran- sit Trustee Board submitting min- utes of their meeting of February 12, 1976, presented and read. Coun. cilman Stackis moved that the min. utes be received and filed. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lnndh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of East Central Intergovernmental Ass'n. 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: Yeas-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. MacNider Jr. SUbmitting his resig- uation from the Community De. velopment Commission, presented and read. Councilman Tully moved that the communication be received and filed and resignation accept- ed with regret. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor 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-Mayor 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 Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 85